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LANDFILL GRADING/LANDFILL & RECYCLING CENTER FY09/2009
LANDFILL GRADING/ LANDFILL & RECYCLING CENTER FY09 2009 ~eh~~.Y r~ ~~ ~~~10~3 _ ;. oZ,'~-_ lbw.... ~ o~ ~~ a~ f ~~e~- rna~~~~ ~~ o~~ ~t~aK o~ ~ra~~e ~n~ ~stc~c~, C.e~r g a $ - J u. ~.. - a 4 ~ 250 ~ ~~ vn Dcj - a2'~--3 Se~-..~ Cc, ~ ~ i~ h~ercr'i nC,~ avt s-tST' ~ ~- ~ U , '~ am p ~ ~(~, s~e.U-~ ~~ a--~s~ -~,t-,-~. ~ can-~~--Fes-~-:.~,~ t~- CO~ --~or ~-~. CDn S~rct~-~ ; o'-~- o~ ~ ~ ~Orf ~.~r~~ ~~ ~ ~ ~ P r1cr~-i c,.e ~ Sci.~ c~, ~2~r, r,~ ~ C~,, ~'~ec-~-; ,~.g ~~-~ Fn 8 ~ rt 2~~ ice ; ~ ~ O ~, c`~', ~d Pl sc~, ~ ~ ~ ~. ns u~ ~ ,~ -~ ~~b ~ ~ s~ e ~. :. 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G I ,~ ~ ~j ; ~ ~v~.e e~ ~ n ~~ ~1, h ~~-~-~.5 (- ~c,~r -- l0. 11^~C~ -(G7 ~.~.~~: f L G r ~ : ~~ ~ Lam. d.-.~;. tl t ~CI ~, ~ l nq ~ $.vCC'~ r T' ~ a t ~•tsin„ttr S ~.~o t' ~c,~,~, 3 0~ 3 i, ;; ;~ it + 1 y 1 OPINION OF PROBABLE COST FY09- LANDFILL GRADING PROJECT IOWA CITY LANDFILL AND RECYCLING CENTER Item No. Description of Work Unit Estimated Quantity Unit Price Total Amount 1 Mobilization and General Project Administration LS 1 $ 200,000.00 $ 200,000.00 2 Clearing and Grubbing ACRE 3 $ 3,000.00 $ 9,300.00 3 Topsoil Stripping and Stockpiling CY 71,000 $ 3.50 $ 248,500.00 4 Mass Excavation and Stockpiling CY 747,350 $ 3.20 $ 2,391,520.00 5 Storm Water Permit and Compliance LS 1 $ 5,000.00 $ 5,000.00 6 Silt Fence Installation LF 5,465 $ 2.50 $ 13,662.50 7 Cleanout of Silt Fence LF 5,465 $ 1.50 $ 8,197.50 8 Mulch ACRE 44 $ 500.00 $ 22,000.00 TOTAL $ 2,898,180.00 L^i ~,,,,. ."! .i. r ~ ~u..~).•~. ::.:'. ~.,1 lrJrG'.'~::..~'. Gu4M ~.. v;- .,.- .., ~"~. :4~..1 __ ~ n ^... C \Documents and SettingslDScott\Local Settings\Temporary Internet Files\OLK1 DA8\FY09-Landfill Grading Project -Opinion of Cost xls Specification No. OWNERSHIP OF DOCUMENT This document, and the ideas and designs incorporated herein, as an instrument of professional service, is the property of Howard R. Green Company and is not to be used, in whole or in part, for any other project without the written authorization of Howard R. Green Company. PROJECT MANUAL FOR FY09 -LANDFILL GRADING PROJECT IOWA CITY LANDFILL AND RECYCLING CENTER IOWA CITY, IOWA 2009 \\HRGCRNAS\DATA\PRO]\191130]\SPEC-GRADING\00001_COVER.DOC Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa CERTIFICATION ~~° ~ ,emu-' •,, ,~ , 4; .~1 ,i . Af, a : o ~', Y r^ ~( ~ r ~ .. .. ~,' .,~ ~ t'. V f_ ' ;~~ 'i ~: b ;~;, .,~ ti ,' s ~ ~ 7~ " 4 .d ft 4, ~ ~ tl ,~ cG.~/ ~ . ~i'a Jr~y,. 6um~~~` Y, 'u `,u I hereby certify that this engineering document was prepared by me or ', under my direct personal supervision and that I am a duly licensed '~ Professional Engineer under the laws of the State of Iowa. Date: ? ZL c ~7 am Jon E. Scharf, P. License Number: 11786 I~, My renewal date is: December 31, 2009 !~ I Pages or sheets covered by this seal: li Entire Bound Document ,,) --~ ~_~ .. ~'; y . .,..aJ r r1 111 ~:,~ ~~ 9m:: e ~u.:~ CERTIFICATION 00002-1 Project Manual for FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center General Table of Contents DIVISION 0 -BIDDING AND CONTRACT REQUIREMENTS Page No. 00105 Advertisement For Bids .................................................... ......................... 00105-1 to 3 00106 Notice of Public Hearing ................................................... ................................ 00106-1 00200 Instructions to Bidders ...................................................... ......................... 00200-1 to 6 00412 Form of Proposal .............................................................. ......................... 00412-1 to 3 00430 Bid Bond ........................................................................... ................................ 00430-1 00490 Notice of Award ................................................................ ......................... 00490-1 to 2 00500 Form of Agreement ........................................................... .........................00500-1 to 2 00610 Performance and Payment Bond ..................................... ......................... 00610-1 to 2 00670 Notice to Proceed ............................................................. ................................ 00670-1 00700 General Conditions - EJCDC No. C-700 (2002 Edition) ....................... 00700-1 to 41 00800 Supplementary Conditions .............................................. ........................ 00800-1 to 10 00820 Additional Articles to the Supplementary Conditions _ „_ Contract Compliance Program -City of Iowa City ..... ........................... CC1 to CC8 .... Restriction on Non-Resident Bidding on Non-Federal-Aid Projects..,.~........"_.R-1"`g'"'6 Note to Bidders .......................................................... ........................::_:. ~......; ,.SIB-1`;~ -, ~ ~ ~,.~ DIVISION 1 -GENERAL REQUIREMENTS ~ ' ~=' ,„~ ..... 01010 Summary of Work ............................................................ ........................:fl'P~010~~'to 5 01225 Measurement and Payment ............................................ ........................ ~~IJ1225~',to 5 01295 Schedule of Values ......................................................... .......................... 01295-1 to 2 01315 Coordination and Meetings ............................................. .......................... 01315-1 to 2 01330 Submittals ........................................................................ ..........................01330-1 to 5 01350 On-Site Health and Safety Requirements ....................... ..........................01350-1 to 4 01360 Project Record Documents ............................................. .......................... 01360-1 to 3 01500 Temporary Facilities and Controls .................................. .......................... 01500-1 to 3 01570 Environmental Protection and Special Controls .............. ..........................01570-1 to 7 01722 Surveying ......................................................................... .......................... 01722-1 to 2 01780 Contract Closeout ............................................................ .......................... 01780-1 to 3 DIVISION 2 -SITE CONSTRUCTION 02232 Site Preparation ............................................................... .......................... 02232-1 to 3 02270 Soil Erosion and Sediment Control ................................. .......................... 02270-1 to 3 02311 Mass Excavation, Backfill, and Compaction ................... ..........................02311-1 to 4 TABLE OF CONTENTS 00003-1 Division 00 BIDDING AND CONTRACT DOCUMENTS "r ~~ :.r~ ~... '- i ~,~ ~; ~.~-, Howard R. Green Company FY09 - Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa ADVERTISEMENT FOR BIDS FY09 -LANDFILL GRADING PROJECT AT THE IOWA CITY LANDFILL AND RECYCLING CENTER Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 8th day of September, 2009. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 15th day of September, 2009, or at a special meeting called for that purpose. The Project will involve the following: Landfill grading project at the Iowa City Landfill and Recycling Center. Project includes topsoil stripping, mass excavation, and stockpiling. - °'~"~ This work is in preparation for future landfill "`a, cell construction that will be completed under `' a-.: ~ ~ a separate contract. - ~ " a . ..-, ... _,. '.~.o~ ' All work is to be done in strict compliance with -' t ~ the plans and specifications prepared by Howard `~ '~~ ~ R. Green Company, 8710 Earhart Lane S.W., -°'' ~~, P.O. Box 9009, Cedar Rapids, IA 52409-9009, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more ADVERTISEMENT FOR BIDS 00105 - 1 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: e1 Completion Date: February 16, 2010. ~' Liquidated Damages: $1,000 per day --~ =. ~~ The plans, specifications and proposed contract ;~ii -- `~'; u~: documents may be examined at the office of the . Q ~ " ~ ~ ' ~ Ciry Clerk. Copies of said plans and specifications ' -`° and form of proposal blanks may be secured at °~~ ~ ~" ` ~ -- the Office of Copies of said plans and ~ a specifications and form of proposal blanks may be -' :~ secured at the Office of Howard R. Green Company, 8710 Earhart Lane S.W., P.O. Box ` 9009, Cedar Rapids, IA 52409-9009, by bona fide bidders. A $50.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Howard R. Green Company. A pre-bid conference will be held at 9:00 a.m. on September 1, 2009 at the landfill site. Attendance at the pre-bid conference is recommended but not required. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other ADVERTISEMENT FOR BIDS 00105 - 2 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK .: A ~"~ «a _^ a~'d~ i w^y ~' ,..!'{ ADVERTISEMENT FOR BIDS 00105 - 3 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE FY09 - STAGE1 CELL CONSTRUCTION PROJECT AT THE IOWA CITY LANDFILL AND RECYCLING CENTER TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the FY09 -Landfill Grading Project in said city at 7:00 p.m. on the 18th day of August, 2009, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and ~ _. may be inspected by any interested persons. ,.. ~~ Any interested persons may appear at said - ,~',,. meeting of the City Council for the purpose of > .~ ;" "" making objections to and comments concerning -- a" said plans, specifications, contract or the cost of = ` , ~ -~-~ ~~ making said improvement. _~ ~~~~ "` `'" This notice is given by order of the City Council `` ~,;Y `.'°~ of the City of Iowa City, Iowa and as provided by ~--~ law. ~ MARIAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING 00106 - 1 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa INSTRUCTIONS TO BIDDERS ARTICLE 1. DEFINED TERMS. Terms used in these Instructions to Bidders and the Advertisement for Bids which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from asub-bidder, who submits a bid to a Bidder. ARTICLE 2. INTERPRETATIONS AND ADDENDA. All questions about the meaning or intent of the contract Documents are to be directed to Engineer. Additions, deletions, or revisions to the Contract Documents considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer or Owner as having received the Contract Documents. Questions received less than 10 days prior to the date of Bids may not be answered. Only answers to such questions issued by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 2.1 Addenda may also be issued to make other additions, deletions, or revisions to the Contract Documents. ARTICLE 3. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND SITE. 3.1 It is the responsibility of each Bidder before submitting a Bid: A. To examine thoroughly the Contract Documents and other related data identified iC~ the~w~ - ...» Bidding Documents (including "technical" data referred to below); .~, -~- ~_ . y ... _y.. ,, B. To visit the site to become familiar with local conditions that ma affect cost, pfvgres~, or -yd~ performance, of the Work, ~- "" .~ C. To consider federal, state, and local laws and regulations that may affect cost, prog~ss, or performance of the Work; D. To study and carefully correlate the Bidder's observations with the Contract Documents; and E. To notify Engineer of all conflicts, errors, ambiguities, or discrepancies in or between the Contract Documents and such other related data. 3.2 Reference is made to the Supplementary Conditions for identification of: A. Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in the preparation of the Contract Documents. The Bidder may rely upon the accuracy of the technical data contained in such reports. However, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. INSTRUCTIONS TO BIDDERS 00200 - 1 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa B. Those drawings of physical condition in or relating to existing surface and subsurface conditions (except Underground Utilities) which are at or contiguous to the site have been utilized by Engineer in the preparation of the Contract Documents. The Bidder may rely upon the accuracy of the technical data contained in such drawings, however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with non technical data, interpretations, and opinions contained in such drawings or the completeness thereof is the responsibility of the Bidder. 3.3 Copies of reports and drawings referred to in the Supplementary Conditions will be made available by the Owner to any Bidder at cost of reproduction, if copies are desired. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which the Bidder is entitled to rely, as provided in the Supplementary Conditions, are incorporated herein by reference. 3.4 Information and data reflected in the Contract Documents with respect to Underground Utilities at or contiguous to the site is based upon information and data furnished to the cr- Owne~and the Engineer by the owners of such Underground Utilities or others, and neither ~:-the:4v~ner nor the Engineer assume responsibility for the accuracy or completeness thereof. ~"~`~.5 `.` Provisions concerning responsibilities for the adequacy of data furnished to prospective -~~Bidd~~ on subsurface conditions, Underground Utilities, and other physical conditions, and "~~~ rw~os'sitle changes in the Contract Documents due to differing or unanticipated conditions °.-s -~ appear-in the General Conditions. _, 3.6 ~ Before=~~submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other items and conditions of the Contract Documents. 3.7 Upon request and a minimum of 2 days notice, the Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Location of any excavation or boring shall be subject to prior approval of Owner and applicable agencies. Bidder shall fill all holes, restore all pavement to match existing structural section, and shall clean up and restore the site to its former condition upon completion of such explorations. 3.8 The lands upon which the Work is to be performed, rights-of-way, and easements for access thereto and other land designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing INSTRUCTIONS TO BIDDERS 00200 - 2 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa structures are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents. 3.9 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article and the following: A. That the Bid is premised upon performing and finishing the Work required by the Contract Documents without exception and applying such means, methods, techniques, sequences or procedures of construction (if any) as may be required by the Contract Documents; B. That Bidder has given the Engineer written notice of all conflicts, errors, ambiguities, and discrepancies in the Contract Documents and the written resolutions thereof by the Engineer is acceptable to the Bidder; and C. That the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing and furnishing of the Work. ARTICLE 4. BID FORMS AND DELIVERY OF BID. Each prospective Bidder shall be furnished one copy of the Contract Documents and one separate unbound copy of the Bid Form and Bid Bond as stipulated in the Notice of Hearing and Letting. The unbound copy of the Bid Form is to be completed in ink and submitted with the Bid Bond. All names must be printed below the signatures. Each Bid shall be submitted in a sealed envelope with "Bid Proposal" and the "Due" date clearly~:j~~~ printed on the front. The Bid Bond shall be submitted in a separate sealed envelope with~"BID~~:.- BOND" clearly printed on the front. When sent by mail, the sealed Bid shall be ad"ctressi as'~ follows: ~.> --? `'. City of Iowa City, Iowa µ.:': ~,,,~ Attn: City Clerk .., 410 East Washington Street ~ ~ Iowa City, Iowa 52240-1826 Bids shall be filed prior to the time and at the place specified by the Advertisement for Bids. Bid proposals received after the time for opening of bids will be returned to the bidder unopened. ARTICLE 5. DISQUALIFICATION OF BIDDERS. Bids will be considered non-responsive and shall be rejected for any of the following reasons: More than one Bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. If the Owner believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the Owner believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the Work. INSTRUCTIONS TO BIDDERS 00200 - 3 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa If there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may tend to make the proposal incomplete, indefinite or ambiguous as to its meaning, the Bid may be rejected. If the Bidder submits an obviously unbalanced bid, the Bid may be rejected. An unbalanced bid shall be defined as a bid containing lump sum or unit bid prices which do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit, overhead costs and other indirect costs to complete that bid. ARTICLE 6. QUANTITIES OF WORK. The quantities of work or material stated in additive items of the Bid are supplied only to give an indication of the general scope of the Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any item of the Work by an amount up to and including 25 percent of any Bid Item, without a change in the unit price, and shall include the right to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total amount not to exceed 25 percent of the Contract Price. ARTICLE 7. SUBSTITUTE OR "OR EQUAL" ITEMS. Whenever materials or equipment are specc:iffied or described in the Contract Documents by using the name of a particular Supplier and the narrfe'`is folli~ved by the words "or equal", the procedure for the submittal of substitute or "Or equal" products i5~specified in the General Requirements. t ~ .'ncW~:. t~ ~„F„,`ARTICLE $'. ,QOMPETENCY OF BIDDERS. In selecting the lowest responsive, responsible Bidder, ,,,,,,,q~onratlort will be given not only to the financial standing but also to the general competency of g the Bidder for•the performance of the Work covered by the Bid. ARTICLE 9. _-SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place stipuCated in the Advertisement for Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time and at the proper place. ARTICLE 10. BID SECURITY, BONDS, AND INSURANCE. Each Bid shall be accompanied by a approved Bid Bond in the amount stated in the Advertisement for Bids. Said bond shall be made payable to the Owner, and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the Owner, and will furnish the necessary insurance certificates, and Performance and Payment Bond, each to be in the amount stated in the Supplementary Conditions. In case of refusal or failure to enter into said Agreement, the Bid Bond shall be forfeited to the Owner.. The Bidder shall use a copy of the Bid Bond form of these documents, or one conforming substantially to it inform. Bonds shall be issued by a surety authorized to do business in the State of Iowa. ARTICLE 11. DISCREPANCIES IN BIDS. In the event there is more than one Bid Item in a Bid Schedule, the Bidder shall furnish a price for all Bid Items in the Schedule, and failure to do so will render the Bid non-responsive and may cause its rejection. In the event there are Unit Price Bid Items in a Bid Schedule and the amount indicated for a Unit Price Bid Item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected INSTRUCTIONS TO BIDDERS 00200 - 4 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa accordingly, and the Bidder shall be bound by said correction. In the event there is more than one Bid Item in a Bid Schedule and the total indicated for the Schedule does not agree with the sum of the prices Bid on the individual items, the prices Bid on the individual items shall govern and the total for the Schedule will be corrected accordingly, and the Bidder shall be bound by said correction. ARTICLE 12. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations, or provisos attached to the Bid shall render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic, or telephonic Bids or modifications will not be considered. ARTICLE 13. WITHDRAWAL OF BID. A Bidder may request, without prejudice, to withdraw it's Bid after it has been submitted to the Owner, provided such request is made in writing to the Owner prior to the time set for receiving Bids. Modifications or corrections to Bids may be made on the withdrawn Bid provided such modifications or corrections are initiated by the Bidder and are received by the Owner prior to the time set for receiving Bids. Modifications or corrections to a Bid will not be accepted if the modifications or corrections render the bid security inadequate or if not accompanied by sufficient additional bid security. If a Bidder has requested in writing to withdraw its Bid, said Bidder may submit a different Bid} and~~~~ bid security any time prior to the time set for receiving proposals. ~ .- ARTICLE 14. AWARD OF CONTRACT. Award of the contract, if awarded, will be ,made to theas~~~ lowest responsive, responsible Bidder whose Bid complies with the requirements of.>'t~ Contract ^~I Documents. Unless otherwise specified, any such award will be made within the period~~'ated~irythe Advertisement for Bids that the bids are to remain open. Unless otherwise indicated, mingle av~ard will be made for all the Bid Items in an individual Bid Schedule. The Owner reserves the right to reject any or all bids, to waive any informality in a bid and to select alternate additive or deductive Bid Items as desired by the Owner to determine the award of the Contract. ARTICLE 15. RETURN OF BID SECURITY. After the Bids are opened, verified, and duly considered, the bid security will be released pursuant to the provisions in Chapter 26 of the latest edition of the Iowa Code, including revisions. Should the successful Bidder fail to enter into contract, the Bid guaranty shall be forfeited to the Owner to compensate for administrative expenses of making a re-award or issuing a new request. ARTICLE 16. EXECUTION OF AGREEMENT. The Bidder to whom award is made shall execute a written Agreement with the Owner on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within «NumberDaysToReturnContracts» days after receipt of the Notice of Award from the Owner. Failure or refusal to enter into contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and forfeiture of the Bid security. If the lowest responsive, responsible Bidder refuses or fails to execute the INSTRUCTIONS TO BIDDERS 00200 - 5 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa Agreement, the Owner may award the Contract to the second lowest, responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the Owner may award the Contract to the third lowest, responsive, responsible Bidder. ARTICLE 17. ADDENDA. Each bid form shall include specific acknowledgment, in the space provided, of receipt of all addenda issued and mailed by the Owner during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. ARTICLE 18. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION. The Contractor shall comply with all state and federal laws and county and local ordinances and regulations which in any manner affect those engaged or employed in the Work. ARTICLE 19. PREBID CONFERENCE. A prebid conference may be held at a time and place to be scheduled prior to the bid. Representatives of the Owner and Engineer will be present. A tour of the site will be conducted at the end of the conference. Meeting minutes and attendance list for the prebid conference will be made available to all those in attendance. Conduction of a Prebid Conference will be at the Owner's discretion. ARTICLE ~.0. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the~+Sup{~lentary Conditions. ~ ~ A~F~`ICLE 21. FEDERAL TAX ID NUMBER. Each bidder shall state its Federal Tax Identification ~.m..~ N~ber''on the line provided on the bid form. The Owner is required to report to IRS on Form 1099 '~~ ~ all payment"s involving labor or services provided by vendors, and lack of this number may delay ~ a~, coFrtract,p"ay~ments until the number is provided. ARTICLE 22. LOCAL PREFERENCE. By virtue of statutory authority, preference will be given to materials, products, and supplies found or produced within the State of Iowa. Bidders resident in Iowa shall be allowed a preference over the bid of any bidder from any other state enforcing or having a preference for resident bidders, equal to such preference. ARTICLE 23. BIDDER'S CERTIFICATION. Bidder shall certify that they he is, at the time of bidding, and shall be, throughout the period of the contract, licensed in the State of Iowa. The Bidder shall provide its Iowa Contractor license number on the Bid Form. Bidder shall further certify that he is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. Bidder also certifies that they are knowledgeable of the unusual and peculiar hazards associated with the general class and type of work required to construct the specified project within the terms given in the Contract Documents. Bidder shall be competent and skilled in the protective measures necessary for the safe performance of the construction Work with respect to such unusual and peculiar hazards. END OF INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 00200 - 6 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa FORM OF PROPOSAL FY09 -LANDFILL GRADING PROJECT IOWA CITY LANDFILL AND RECYCLING CENTER CITY OF IOWA CITY NOTICE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE PROJECT MANUAL. SEPARATE COPIES OF THIS PROPOSAL ARE CONTAINED WITHIN THE BACK COVER OF THIS DOCUMENT. Name of Bidder Address of Bidder TO: City of Iowa City, Iowa Attn: City Clerk 410 East Washington Street Iowa City, IA 52240-1826 The undersigned bidder submits herewith bid security in thecLL ~ amoun# of $ , in accordance with the terms set forth in the Project Mariual. -~ ~:6 ~ The undersigned bidder, having examined and determined the scope ofY the C~dtracti~"' Documents, hereby proposes to provide the required labor, services, materials and=equipmen~~~a~ and to perform the Project as described in the Contract Documents, includini~a Adndak; and ,and to do all work at the prices set forth herein, ~: t,~~J ,,~ We further propose to do all "Extra Work" which may be required to complete th~i7vork contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work. FORM OF PROPOSAL 00412 - 1 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa Item Estimated No. Description of Work Unit Quantity Unit Price Total Mobilization and General 1 Project Administration LS 1 $ $ 2 Clearing and Grubbing ACRE 2.6 $ $ Topsoil Stripping and 3 Stockpiling CY 70,700 $ $ Mass Excavation and 4 Stockpiling CY 747,350 $ $ t.n C,. ~~ • - StOrtt~ Water Permit and i 5•' CQ~iptiance LS 1 $ $ ~" ~:_ ~: t .,.~ r ~ ` . r .~~ . 6r~~ Silt,.~ence Installation LF 5,870 $ $ ,w,,s~ ~~ 7 ` ;;_ CleanQUt of Silt Fence LF 5,870 $ $ 8 Mufch ACRE 44 $ $ TOTAL OF BASE BID $ FORM OF PROPOSAL 00412 - 2 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa The names of those persons, firms, companies or other parties with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows: NOTE: All subcontractors are subject to approval by City. The undersigned bidder certifies that this proposal is made in good faith, and without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the more specific shall prevail. Firm .. ..~., Signature: _ ~~ ,~,,. _..~ Printed Name: -~- ~'' ~"~ _.,~ u Title: ~. '-. Address: ~~ .-'`"r Phone: Contact: FORM OF PROPOSAL 00412 - 3 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa BID BOND as Principal, and , as Surety declare that we are held and are firmly bound unto the City of Iowa City, Iowa, hereinafter called "OWNER," in the sum of Dollars ($ ) to pay said sum as herein provided. We as Principal and Surety further promise and declare that these obligations shall bind our heirs, executors, administrators, and successors jointly and severally. This obligation is conditioned on the Principal submission of the accompanying bid, dated Project. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, for (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified, and the Principal shall then furnish a bond for the Principal's faithful performance of said Project, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Project, as agreed to by the City's acceptance of said Bid, then this obligation shall be void. Otherwise this obligation shall remain in full force and effect, provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the amount of the obligation stated herein. b By virtue of statutory authority, the full amount of this bid bond shall be fprfeited tt~ the Owner in the event that the Principal fails to execute the contract and provide the bond, as ,n„,~ provided in the Project specifications or as required by law. - .,u,~. The Surety, for value received, hereby stipulates and agrees that the obliga#iQns o~'said' m~ Surety and its bond shall in no way be impaired or affected by any extension of the tme.yuithin'~`~ which the Owner may accept such Bid or may execute such contract documents, and, 'said Seirety'~~ does hereby waive notice of any such time extension. `~•'~ .., ~, The Principal and the Surety hereto execute this bid bond this day of A. D. , 20_ Witness Witness BID BOND Principal By Surety By Attach Power-of-Attorney (Seal) (Title) (Seal) (Attorney-in-fact) 00430 - 1 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa NOTICE OF AWARD TO PROJECT DESCRIPTION: FY09 -Landfill Grading Project, Iowa City Landfill and Recycling Center. The City has considered the Bid submitted by you for the above-described Work. You are hereby notified that your Bid has been accepted for items in the amount of You are required by the Instructions to Bidders to execute the Form of Agreement and furnish the required Contractor's Performance and Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within the (10) days from the date of this Notice, said City will be entitled to consider all your rights arising out of the City's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the City. Dated this day of , 200_. _,~ ,~ CITY OF IOWA CITY, IOWA ~ ~ '~~ Title ,a ..~.. 7 -; ,.1 ~;'; .. ,n .~ v- NOTICE OF AWARD 00490 - 1 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged By this the day of 200 . By Title c: ~;~ ,~ ", _ C.~ ~m w~ ~ ~~ ~.. ':a NOTICE OF AWARD 00490 - 2 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa FORM OF AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and ("Contractor"). Whereas the City has prepared certain plans, specifications, proposal and bid documents dated the day of 20_, for FY09 -Landfill Grading Project, Iowa City Landfill and Recycling Center ("Project"), and Whereas, said plans, specifications, proposal and bid documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby accepts the attached proposal and bid documents of the Contractor for the Project, and for the sums listed therein. 2. This Agreement consists of the following component parts which are incorporated herein by reference: a. Addenda Numbers b. Drawings; c. Specifications as listed in the General Table of Contents of the Project Manual; ' d. Advertisement for Bids; _ ~°~"~ e. Notice of Public Hearing; ;., ~ f. Note to Bidders; - ~ -~ g. Restriction on Non-Resident Bidding on Non-Federal-Aid Proj~e~s; .-~ h. Contract Compliance Program (Anti-Discrimination Requirem~ts:); "" i. Instructions to Bidders; ~'` ``~ '-'~ j. Form of Proposal and Bid Documents; =' k. Performance and Payment Bond; I. General Conditions; m. Supplementary Conditions; and n. This Instrument (Form of Agreement). The above components are deemed complementary and should be read together. In the event of a discrepancy or inconsistency, the more specific provision shall prevail. FORM OF AGREEMENT 00500 - 1 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa 3. The names of subcontractors approved by City, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): 4 DATED this day of CITY c::~ ~'= ,, :. p .:a- :~,... , By r,"m a.~ `~ W ,:,?~ r ~,_ ~~,.' ~ ~w,.; r ,:,~ ATTf~ST: ~~ Mayor City Clerk 20 CONTRACTOR By (Title) ATTEST: (Title) (Company Official) Approved By: City Attorney's Office Payments are to be made to the Contractor in accordance with the Supplementary Conditions. FORM OF AGREEMENT 00500 - 2 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa PERFORMANCE AND PAYMENT BOND (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and as as Surety, hereinafter (insert the legal title of the Surety) called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Dollars ($ for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of entered into a written (date) Agreement with Owner for the FY09 -Landfill Grading Project; and --- WHEREAS, the Agreement requires execution of this Performance and Payment Band, to ,.,j be completed by Contractor, in accordance with plans and specifications prepared by Howard RsU Green Company, which Agreement is by reference made a part hereof, and the agreec~yupon""° work is hereafter referred to as the Project. f" NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are ~~h th,~t, if Contractor shall promptly and faithfully perform said Agreement, then the obligatior~.;,of thi~~,~ond shall be null and void; otherwise it shall remain in full force and effect until satisfactory commotion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shalt be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even PERFORMANCE & PAYMENT BOND 00610 - 1 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of two (2) years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontractors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of lowa~are a part of this bond to the same extent as if it were expressly set out herein. SID AND SEALED THIS DAY OF , 2008. G~, `° ` "~ -~~ IN T PRESENCE OF: ., c,: (Principal) . ~_.. Witness (Title) (Surety) Witness (Title) (Street) (City, State, Zip) (Phone) PERFORMANCE & PAYMENT BOND 00610 - 2 Howard R. Green Company Project No. 728170-J FY06 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00670 NOTICE TO PROCEED TO: DATE: FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa You are hereby notified to commence WORK in accordance with the Agreement dated 200_, on or after .The date of completion of all WORK is June 30, 200_. ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: this the day of By Title 200 . NOTICE TO PROCEED 00670 - 1 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By Na#~onal Sore#y o/ American Society A C E C Professional Engineers ~C~ -_-_ _ __ . __ of Civit Engineers ..,, < ,. ~ : -~ ,~ , , : ~., , ~~,~,, t .~~ t~n~ Prolessionat Engineers in Private Praetke PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by ~~ IILL+,C e .~aa ~~tY(11t` rnraoun .\°++a~ The Associated General Contractors of America Knaxledge for Creating and Sustainin.~ 4rt••e $uill Environment Construction Specifications Institute f"+ l.r~ .- r~ r~ ~~~ 4v~ ~~ l~J v . -°~ ~~~96~~~..~~tt 4 1 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 ~- American Council of Engineering Companies ''' 1015 15th Street, N.W., Washington, DC 20005 4/ r ,..', '~;,: ~ .'_ American Society of Civil Engineers ~^„K - '.. 1801 Alexander Bell Drive, Reston, VA 20191-4400 -~ i ~.. ~' c i.,„a 4..:: These General Conditions have been prepared for use with the Suggested Fortns of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Suppletentary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Societe of Professional Engineers for EJCDC. All rights reserved. 00700 - 2 TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND T1RMINOLOGY ................................................. ................................................. .......6 1.01 Defined Term.s ........................................................................................... ................................................ ........6 1.02 gy .............................................................................................. Terminolo ................................................ ... ""'8 ARTICLE 2 -PRELIMINARY MATTERS .................................................................. ................................................ ........9 2.01 Delivery of Bondc and Evidence of Insurance ............................................. ................................................ ........9 2.02 Copies of Docurnents ................................................................................. ................................................ ........9 2.03 Commencement ~ J.C~ntract Tirnes; Notice to Proceed .............................. ................................................. ........9 2.04 Starting the Work ..................................................................................... ................................................. ........9 2.05 Before Starting Construction .................................................................... ................................................. ........9 2.06 PreconsYruction Conference ...................................................................... ................................................. ........9 2.07 Initial Acceptance of Sc hedules ................................................................. ................................................. ........9 ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............ ................................................. ......10 3.01 Intent ........................................................................................................ ................................................. ......10 3.02 Reference Standar-ds ................................................................................. ................................................. ......10 3.03 Reporting and Resolving Disc•repancies ...................................•••-............. ................................................. ......10 3.04 Amending and Supplementing Contruct Documents ................................... ................................................. ...... l I 3.05 Reuse of Doczrments ................................................................................. ................................................. ......1 1 3.06 Electronic Dutcr ........................................................................................ ................................................. ...... l 1 ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CON DITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ..................................... ................................................. ......11 4.01 Availability c f Larzds ................................................................................. ................................................. ...... I 1 4.02 Subsurface and Physical Conditions ----• .................................•••................ ............................................,.... ' ......12 4.03 Di erin Subsu ace or Physical Conditions ............................................. ff g >f - r , . ............y.... ........................... ......12 4.04 Underground Facilitics ........................................................................... ........................... ..:::.... ..... ....~:~,~ 4.05 Reference Points ....................................................................................... ............................::~.:.:......-~:: ... ..... 4 06 Hazardous Environmental Condition at Site .............................................. ........................... :.......,~... . :~~ . ARTICLE 5 -BONDS AND INSURANCE ................................................................. ........................... ....----~'... . .., a 5.01 Per ormance, Pa ~ment, and Other Bonds .................................................. f y ' ............................:: 5.02 Licensed Sureties and Insure,~s ................................................................. ............................:.....: z............ ...... 5.03 Certlicates orlnszu•ance ........................................................................... ............................. U"r;...... W.. xW~' ......15 5.04 Contractor's Liability /nsrrrance ............................................................... .............................. ............,~'t. 1 ......15 5.05 Owner's Liabilih~ Inszrrance ..................................................................... . ............................................`°.`. ......16 5.06 Property In.surance ................................................................................... ................................................. ......16 5.07 Waiver ~f Rights ....................................................................................... ................................................. ......17 5.08 Receipt and Application of Insurance Proceeds ......................................... ................................................. ......17 5.09 Acceptance oJBorzds and /nsurance,- Option to Replace ............................ ................................................. ......17 5.10 Partial Utilization, Acknoii~ledgment ofProper-ty Insurer .......................... ................................................. ......18 ARTICLE 6 -CONTRACTOR'S RISPONSIBILITIES .............................................. ................................................ .......18 6.01 Supervision and Superintendence .............................................................. ................................................ .......18 6.02 Labor; Working Hours ............................................................................. ................................................ .......18 6.03 Services, Materials. and Equipmenl .......................................................... ................................................ .......18 6.04 Progress Schedule ....................................................•--............................. .............................................--- ----...18 6.05 Substitutes and "Or-Equcrls" ................................................................... ................................................. .......19 6.06 Concerning Subcontractors, Suppliers, and Others .................................. ................................................. .......20 6.07 Patent Fees and Royalties ........................................................................ ................................................. .......21 6.08 Permits .................................................................................................... ................................................. .......21 6.09 Laws and Regulations .............................................................................. ................................................. .......21 6.10 Taxes ....................................................................................................... ................................................. .......22 6.1 1 Use grSite and Other Areas ..................................................................... ................................................. .......22 6.12 Record Documents .................................................................................. ................................................. .......22 6.13 Safety and Protection ............................................................................... ................................................. .......22 6.14 Safety Representative ..................................................•--.......................... ................................................. .......23 6.15 Hazard Communication Progranzs .....................................................•..... ................................................. .......23 EJCD(' C-70U Standard General Conditions of the Construction Contract. Copyright ~ 2002 (\'ational Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 6.16 Emergencies ............................................................................................................................................ ........23 6.17 Shop Drawings and Sanzples .................................................................................................................... ........23 C.18 Continuing the Work ................................................................................................................................ ........24 6.19 Contractor's General Warranty and Guarantee ....................................................................................... ........24 6.20 Indemnification ....................................................................................................................................... ........24 6.21 Delegation oJPr~fessional Design Services ............................................................................................. ........25 ARTICLE 7 -OTHER WORK AT TI IE SITE ............................................................................................................ ........25 7.01 Related Work at Site ............................................................................................................. 25 7.02 ................... Coordination ........................................................................................................................................... ........ ........26 7.03 Legal Relation.ships ................................................................................................................................. ........26 ARTICLE 8 -OWNER'S RESPONSIBILITIES ......................................................................................................... ........26 8.01 Communications to Contractor ................................................................................................................. .......26 8.02 Replacement of Engineer .......................................................................................................................... .......26 8.03 Furnish Data ............................................................................................................................................ .......26 8.04 Pay When Due .......................................................................................................................................... .......26 8.05 Lands and Easements, Reports and Tests .................................................................................................. .......26 8.06 Insurance ................................................................................................................................................. .......26 8.07 Change Orders ......................................................................................................................................... .......26 8.08 Inspections, Tests, and Approvals ............................................................................................................. .......26 8.09 Limitations on Owner's Responsibilities ................................................................................................... .......27 8.10 Undisclosed Hazardozts Environmental Condition ..................................................................................... .......27 8.11 Evidence of Financial Arrangements ......................................................................................................... .......27 ARTICL E 9 -ENGINEER'S STATUS DURING CONSTRUCTION .......................................................................... .......27 9.01 Owner's Representative ............................................................................................................................ .......27 9.02 Visits to Site ............................................................................................................................................. .......27 9.03 Project Representative .............................................................................................................................. .......27 9.04 ~Iuthorized Variations in Work ................................................................................................ 27 9.05 .................. ~=RejectiriDefective Work .......................................................................................................................... ....... .......27 9.06 ~hop~lr''~'}vings, Change Orders and Payments ......................................................................................... .......28 9-07 .-~eter~iiirrtions fa~ Unit Price Work .............................................................................................. ._.. 28 g~4$ ........... ``~lecisZczr?s°on Reyuirement.r of Contract Documents and Acceptability of Work .......................................... ....... .......28 ~:U9 ,~. ~imitate'olas on Engineer's Authority and Responsibilities .......................................................................... .......28 ARC==ICLE 1~'1"'~'- CHaI+I~ES IN THE WORK; CLAIMS ............................................................................................... .......28 1~br01 _. ~'axthoriz,Changes in the Work ............................................................................................................... : .......28 10.02 Unauthor~ ~d Changes in the Work ........................................................................................................... . ~; .......29 10.03 ~'xecution-e,J Change Orders ..................................................................................................................... .......29 10.04 Notification to Suretv ................................................................................................................................ .......29 10.05 Claims ....................................................................................................................................................... ......29 ARTICLE 11 -COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ......................................................... ......30 11.01 Cost of the Work ........................................................................................................................................ ......30 11.02 Allowances ................................................................................................................................................ ......31 11.03 Unit Price Work ........................................................................................................................................ ...... 31 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............................................. ......32 12.01 Change of Contract Price .......................................................................................................................... ......32 12.02 Change of~Contract Times ......................................................................................................................... ......33 12.03 Delays ....................................................................................................................................................... ......33 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK. ......33 13.01 Notice of Defect.s ....................................................................................................................................... ......33 13.02 Access to Work .......................................................................................................................................... ......33 13.03 Tests and Inspection.s ................................................................................................................................. ......33 13.04 Uncovering Work ...................................................................................................................................... ......34 13.05 Owner May Stop the Work ......................................................................................................................... ......34 13.06 Correction or Removal of Defective Work .................................................................................................. ......34 13.07 Correction Period ..................... ~ ............................................................................................................... ...... 34 13.08 Acceptance o,'Defective Work .................................................................................................................... ......35 13.09 Owner May Correct Defective Work .......................................................................................................... ......35 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION ..................................................................... ......36 14.01 Schedule of Values ..................................................................................................................................... ......36 14.02 Progress Payments .................................................................................................................................... ......36 14.03 Contractor's Warranty of Title ................................................................................................................... ......37 14.04 Substantial Completion .............................................................................................................................. ......37 EJCDC G700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 14.05 Partial Utilization ............................................................................... ............................................................38 14.06 Final /aspection .................................................................................. ...........................................................38 14.07 Finul Payment ..................................................................................... ............................................................38 14.08 Final Completion Delayed ................................................................... ...........................................................39 14.09 Waiver ojClaims ................................................................................. ............................................................39 ARTICLE I S -SUSPENSION OF WORK AND TERMINATION ......................... ............................................................39 15.01 Owner May Szrspend Work ................................................................... ............................................................ 39 15.02 Owner Mav Terminate for Cause ......................................................... ............................................................39 15.03 Owner May Terminate For Convenience .............................................. ............................................................40 15.04 Contractor May Stop Work or Terminate ............................................. ............................................................40 ARTICLE 16 -DISPUTE RESOLUTION .............................................................. ............................................................41 16.01 Methods and Procedures ...........................~--....................................... ............................................................41 ARTICLE 17 -MISCELLANEOUS ....................................................................... ............................................................41 17.01 Giving Notice ...................................................................................... ............................................................41 17.02 Computation of Time.s .......................................................................... ............................................................41 1.7.03 Cumulative Remedies .......................................................................... ............................................................4 l 17.04 Survival of Obligations ........................................................................ ............................................................41 17.05 Controlling Law .................................................................................. ............................................................41 17.06 Headings ............................................................................................. ............................................................41 _~ :; =_ ~ .~, :. ,~:- ~.' ~~ ~ ~=~~ w .~ ~s v EJCUC C-700 Standard General Conditions of the Construction Contract. Copy right ©2002 National Socie[y of Professional Engineers for EJCDC. All rights reserved. 00700 - 5 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. ,~'pplicatio±~±~or Payment--The form acceptable to Engineer ovfiich ~~Sr fk%be used by Contractor during the course of t):~e: Wo~"~n requesting progress or final payments ati~ which`= ~s to be accompanied by such supporting d'eeumentaiion as is required by the Contract t.°, Docuxrtents. W .. -_ 4. Asbestos=A{ty material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder--The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Cbange Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 0. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 1 L Contract--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work-See Paragraph I I.OI.A for definition. 17. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 20. Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantia] danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from tune to time. 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of al] the Work. 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work. is to be performed. 30. PCBs--Polychlorinated biphenyls. 31.Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Work to be performed under the Contract Docwnents may be the whole, or a part. 34. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Sectio^ 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative--The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which esxablish the standards by which such portion ~ the VVai'k will be judged. . _ a, ~: 39. Schedule of Submittals--A sohedy~l~ prepped and maintained by Contractor, of req~dt~erl sub~iiittals~~al the time requirements to support scliec~~~ed p@~form ~. of related construction activities. -"~ ~-~~ c: W 40. Schedule of halues--A`scheduls.~ repared and maintained by Contractor, allocating porUohs of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of--way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Speci/ications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 7 administrative requirements and procedural matters applicable thereto. 44. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. _;, 4$,::Supplie~-A manufacturer, fabricator, suppli er, distribu,~ar, tnat~ialman, or vendor having a direct cot~tr~ct wjl:h Co~Y#tfa'ctor or with any Subcontractor to fui~ish ma4~rials `--,equipment to be incorporated in the Wb~c'~by C~atractQg pF any Subcontractor. rxi•m-, 49.._, Ylnderg.r t R -- ~iund Facilities--All underground piptdl"iries, cortduits;dttsrts, cables, wires, manholes, vaults; tanks, tunnels; or othe~ such facilities or attachments, and any encasef2ients containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other comtnunications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. Work--The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured froth midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recotntnendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 E. Furnish, Install, Perform, Provide The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 -PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 C'oPies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times,' No[ice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of E3id opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedul~'of Submtkals; and ..,, ~' 3. a preliminary Schedule.t~f Valucx~'for all=eythe Work which includes quantities and~;pri~ces df~?tems'i~v~iich when added together equal the CotYti-a~t Price and ~~i- vides the Work into component parts`i~•suffi{~nt d '; to serve as the basis for progress J~ayments d~unng performance of the Work. Such p~ct3§ wil~'"•include an appropriate amount of overhead an?3~profit ~licable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.OS.A, procedures for handling Shop Drawings and other submittals, processing Applications for Paytnent, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.OS.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©20(12 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 9 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE -~.t- 3.01 ~rltent ~ •f ( z~ The-'~tmtract Documents are complementary; ~I~at is req irecl.b}f~one is as binding as if required by all. ~.:. 1~3.~~'It ts~~the°'intent of the Contract Documents to d~e~~xibe a:;`iimctl©t~~ly complete Project (or part thereof) to be constructet-in~~'~° ccordance with the Contract Docu- ments. Any labor, d"ecumentation, services, materials, or equipment` that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Conb-act Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 10 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONpITIONS; HAZARDOUS ENVIRONMENTAL. CONDITIONS; REFERENCE POINTS _„~„~ ,,~ ;~ .._ ~, 4.01 Availability of Lands ~~ ~ ~ "`" ~91 `• ,; _ra ,. A. Owner shall furnish th~~;Site. Owner s notify Contractor of any encumbranceS:6~'resti"i'~tions not of general application but specifically~+dated tb-i3se of the Site with which Contractor must comply in p rere forming the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract. CopyrightO 2002 National Society of Pirofcssional Engineers for EJCDC All rights reserved. 00700 - 11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: I . the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspes~s of the means, methods, techniques, sequences~nd procedures of construction to be employed by Contractor, ~~ safety precautions and programs irlle~ent th~zeto; ~i` ~=' ~~°~ 2~,;other '.data, interpretations, opinions, and in€ermatio~i'"'~ contained in such reports or shown or m t~cated ti~such drawings; or . ,.,, _ 3.~any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Societe of Professional Engineers for EJCDC. All rights reserved. 00700 - 12 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim .therefor as provided in Paragraph 10.05. •--~ 4.05 Reference Points ~~ .. , .. ~ ;y A. Owner shall provide enginee}-ing surveys establish reference points for constr'uc~tion .Mich ';, ~t Engineer's judgment are necessary to_~tiable C-0ntrac to proceed with the Work. Contractor s!l~{]:;be rQS,ponsible for laying out the Work, shall protecY;~-and pr~s,~rve the established reference points and property monutriet~lts, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monwnent is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C-700 Standard Ceneral Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 13 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom C~uitractor is responsible creates a Hazardous Environr¢tental Ctfdition, Contractor shall immediately: (i) secure~br otl~eri~'ise isolate such condition; (ii) stop all ,~ ~1/~al-k in ,~,onnet~'t~'. with such condition and in any area a€frcted t~ereb}~ ~,aacCept in an emergency as required by I~~-agrapla-x6.16 A'), and (iii) notify Owner and Engineer (aracl! prot~4ptly thererafter confirm such notice in writing). ~~7°°wner shall pro'rrtptly consult with Engineer concerning H~"necessif for Qwner to retain a y qualified expert to evaluate such condi~~n or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may snake a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 -BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Docwnents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the ConsU•uction Contract. Copyright ©2002 National Society of Professional Engineers f'or E.1CDC. All rights reserved. 00700 - 14 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph S.O1.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs S.OI.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and taintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set ti~rth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: .) a. by any person as a result of an offen~~e directly or indirectly related to the etriploym'e>3t of 9 person by Contractor, or ~ ~ ' ' ~~_ ~ ,,. b. by any other person for any'otkier reason; ~~~{~ -~,~ I' 5. claims for damages, othet~;tl~;~n to, t e Work itself, because of injury to or destr;~cY on o~tangible property wherever located, including kl`ss of us~esulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reser~ ed. 00700 - 15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of thetas, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy forth that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- callyrequired by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential. loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors,of each a:~td any of them. _ ~{ 5.08 Receipt and Application of Insurance ~A~ocee~~"' ,_,A~ A. Any insured loss under~'.>rl~e perticies ,aeh insurance required by Paragraph S.Of~, avill b adjust with Owner and made payable to Owrier~'as fid~f~iary for the insureds, as their interests may appgar, subj~t to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest tnay reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; ORtion r~~ Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC .411 rights reserved. 00700 - 17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.O1.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall eartsent bydendorsement on the policy or policies, but thlr='propert~: insurance shall not be canceled or permitt~I to l~p$c, on account of any such partial use or ~cupalt~y. ..'. k °.. ~~,.: ~~. ~~- ~ _~r ~RTICL~E`~6 -CONTRACTOR'S RESPONSIBILITIES t t, ~:;., .:.:,. ~, 6.01 ~'upervi.sio'ri and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Societe of Professional Engineers for EJCDC. All rights reserved. 00700 - 18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the Genera] Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the cirewnstances described below. 1. "Or-Equal" Items: tf in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.OS.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.OS.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make wfi#ter~ appl~ation,.,-~t~ Engineer for review of a proposed sub~t+tute itg~, of material or equipment thatCori.tractapseek~-tYT' furnish or use. The application.:; ~;`.. -~= "'~"'~ .., ~_~ _;~ i 1) shall certify that the pujopos~d subst7r tute item will: ~''~ '•'`1 =~'„ ,. n a) perform adequately the fundt ons and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and E.ICDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 19 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified ,and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Enginee~kn Engirtrrer's sole discretion, to determine that the substitute pro~aosed is equivalent to that expressly c led for by tht';~'~.p~ftract Documents. The requirements f-~evie~~:by Eh~ineer will be similar to those provided ii~~~ragra~ 6.(J~~sA~~2. M '? "" G.-!Engineer's Evaluation: Engineer will be al~©wed a reasonable time within which to evaluate each proposal o~'submitta1 i`rtade pursuant to Paragraphs 6.OS.A and 6.05.x`:=Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute awaiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright r0 2002 national Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and F,ngineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at..ihe time of opening of Bids, or, if there are no Bids, on t)%e Effect'i~e Date of the Agreement. Owner shall pay a~} charges'~:of utilpt'~ owners for connections for providing.permarie>jt serV.~,~i: to the Work. ~ _r_ 6.09 Laws and Regulations _~ ~'~ ~" .~ ±~, A. Contractor shall give all i~~~tices rei~ired by and shall comply with all Laws and Rc'~ulations..applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 21 6.10 Tunes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.1 1 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2~hould icy claim be made by any such owner or occupant- bec~rts~ of the performance of the Work, Catt`Cractox~hall pctxtiptly settle with such other party by ne~(5t~atiot4~-or oth~rauise resolve the claim by arbitration or`r~tlier dispute resolution proceeding or at taw. a~~ __. c . e ~ 3.~7`'o the' fujlest extent permitted by Laws and ~z . Regulations, Contractor shall indemnify and hold harmless O~,wner and`~ngineer, and the officers, directors, partners, `employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site al] tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 22 ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.8 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals any related Work performed prior to. Engineet?'s review and approval of the pertinent submittal will be a't the sole expense and responsibility of Contractor _ ~°°°'i~ .~ ~.,~.. C. Submittal Procedures `'°' /~ -:.= <^ I . Before submitting each S]aGsp Driving ',~F Sample, Contractor shall have determi~d'p~and ve~ified:" a. all field measurements, quat~fities, dii~nsions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend tSt'means,,,;methods, techniques, sequences, or procedures;` of construction (except where a particular means, method, `.i:echmique, sequence, or procedure of con- s~rui~tion ~ speciftcally and expressly called for by the LC~ ~gnkract Documet9>S~ or to safety precautions or programs mcldent ti~~eto.;'"The review and approval of a separate. itear%`:,as such, will riot.'":,indicate approval of the assembly in w~.J~h the ~.tem ftirrcfibns. 3.'' :Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 I~'ational Society of Professional F,ngineers for EJCDC. All rights reserved. 00700 - 24 arbitration or other dispute resolution costs) arising out of or relating to the performance of the Wurk, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Docwnents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. - ..~. ARTICLE 7 -OTHER WORK AT THE S1TE'°"~ ~.~ ., 9 ~._ ~ 7.01 Related Work at Site ~ ..,,,. ~ ~....i ' '~„x.1 A. Owner may perform other`xsrork related to the Project at the Site with Owner's emptt~yees, or ja other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claitn may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 25 properly integrate with such other work Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the perfort~nce of other work on the Project at the Site, the follow~g will lei set forth in Supplementary Condi- tions: ., °; { : . ~.m„ ~'' 1 the !i'r~dividual or entity who will have atrity .aid responsibility for coordination of the acxiacaties afttbng tll~ various contractors will be identified; ~'" 2.'fhe speei~c matters to be covered by such authority ahd responsibility will be itemized; and ~. 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.Ol.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.O1.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.0. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 8.09 1 imitation.~~ oar Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at t~e~ Site who is not Engineer's consultant, agent", or employee, the responsibilities and authority and limitations thereon of ,~:r, such other individual or entity will be as provided in tY~ Supplementary Conditions. ~,~ y;~~- 9.04 Authorized Variations in Wog k ;~~~ ~ '~ ~ i ', ... ~. ,:r.~ A. Engineer may authorize r'~rid7 var,i~tions in the Work from the requirements ~',~f the ,_Qontract Documents which do not involve an adjustmr~t~ in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting DeJectine Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Docwnents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard Ceneral Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC All rights reserved. oo~oo - z~ 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect change-factual conditions or more accurate data) upon Owner Contr`~~tor, subject to the provisions of Paragraph 10.~Ii. `_`~ ,:~, i -r t' ~ ;I~ 9.08 ~ r 1Jecisrons ah °- Requirements of Contract Docurr~frts and~lccepttr~ia~fity of Work ~. ~A. Engineer wtll':~be the initial interpreter of the requirements of the Coritct Documents and judge of the acceptability of; the Wo~ thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.O5.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer [o Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Docwnents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE IO -CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall EJCDC C-700 Standard Ceneral Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 28 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. if Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the~laimant's last submittal (unless Engineer allov~s additional time). _" ,~~ C. Engineer's Action: Engineer wi117eview e>~elt Claim and, within 30 days after`,-.receipt 'y~ the x~Iast submittal of the claimant or the la,~tr~ submittal ofd° opposing party, if any, take one of theifbllo~w~ act in writing: '.,~%'. ,..J 1. deny the Claim in whole of"in part 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. F-.. Engineer's written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.O5.C.3 or 10.O5.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article l6 within 30 days of such action or denial. EJCDC C-700 Standard Ceneral Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.O1.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemize~jn Para~~aph 1 I.O1.B. 1. P~oll~.cb~ts for employees in the direct ,~,_-, emp~~1 of ~ntract~lr in the performance of the Work und~„~chedu)'gs of; ;jd~ classifications agreed upon by Owtt~ Viand ~pntractor: Such employees shall include, with~f"'limitation, ;superintendents, foremen, and other pers~rin~l employed'fulh,time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned ca~i the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Pa}nnents made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if~ any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions or the Construction Contract. Copyright ©2002 National Society of Professional Engineers fbr EJCDC. All rights reserved. 00700 - 30 resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule ofjob classifications referred to in Paragraph 11.O1.A.l or specifically covered by Paragraph 11.O1.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of Chem may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.O1.A and 1 1.O1.E3. C. Contraclnr's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.Ol.A and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unlaadrng and;hand>li~~ on the Site, labor, installation overhead, pra~ and other expenses contemgJated for_~the c~a'sFi allowances have been include. in the`~Contl~a~ Price and not in the allowances,; dnd ~ dem for additional payment on ac~cpu~t of a~~ny of ~~'he foregoing will be valid. "'a'~ °' =:f ~, n c.~ C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Societe of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 i£ 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable agree a~ to the amount of any such increase or decrease. •, ,, ::r .:: r.,' 1.~ -~- - -- ~~~. AR~'1~I,CLE 12 - 'CI~ANGE OF CONTRACT PRICE; CHANGE ;COI~IT~ACT TIMES ~~» 12.01 Ch~rtge of Carltract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 1 1.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.O1.C.2);or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.O1.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.O1.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.O1.A.1 and 11.O1.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.O1.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.O1.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.4, 11.O1.A.5, and 11.O1.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.O1.C.2.a through 12.O1.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reser~~ed. 00700 - 32 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the tune lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Tunes. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnortal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicablea 13.03 Tests and Inspections A. Contractor shall give Engineer tirn~ly not7t~e' of readiness of the Work for all required it~spectio tests, or approvals and shall cooperate ~i~h~inspag~ion ~~ testing personnel to facilitate required i,~sp;~ctioif~'or to 4i `~ B. Owner shall employ and p~;y for th~er~ervices of an independent testing laboratory to pe>~rm all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. 1f Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC All rights reserved. 00700 - 33 be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. [f Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall unco~, expose, or otherwise make available for observation-inspecticjp, or testing as Engineer may require, thaiwportiorl'~ the Work in question, furnishing all t~cessarbor~~taterial, and equipment. ~~; ~•, T '_ ~`--~; C. ~Ir it is-'fRUnd that the uncovered Work is defe~t'rve, C~ritractor 'shall pay all claims, costs, losses, «.~ ~~., and ldl~mage~W ~includir~'g but not limited to all fees and charges of engineers;; ;,architects, attorneys, and other professionals;?end all c`oitrt or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written mstruchons: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 34 B. If Contractor does not promptly comply with the teens of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to F-,ngineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 O~ti°~rer Muy Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06. A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. I3. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. :% C. All claims, costs, losses, arre~ dames (including but not limited to all'~_~es and.~charg~~-of engineers, architects, attorneys, arid; ~~gther profess is and all court or arbitration or otheii-,~ispu~reso~n costs) incurred or sustained by Ov~n~er~.?in e e cisiri'e rights and remedies under this Pa~t``aph t~?09 will be charged against Contractor, and a ~'hange ®~'der will be issued incorporating the necessary revis o©s in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. [f the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 35 pa}~nents and will be incorporated into a form ofApplica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received orMdccount~f the Work have been applied on account to cd'jschargea~ontractor's legitimate obligations associated with prior ~Cpplications for Payment. 4 3. The a~gtfnt of retainage with respect to ~_~::". progress pa}~ents Will Abe as stipulated in the Agreement. -. .. ~,:".;.~, B. review o~lpplications (. 1. 1~tgineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Pa}nnent will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent F,JCDC C-700 Standard General Conditions off the Construction Contract. Copyright OO 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 inspections or tests, revise or revoke any such paytncnt recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment l .Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or fitrnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.S.a through 14.02.B.S.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty o/Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to deter-mine the~'~, status of completion. If Engineer does not consider "'the Work substantially complete, Engineer will hijtify Cottracto~~~t writing giving the reasons therefor. ~~ ~ C. If Engineer considers the Vdork substantlalll complete, Engineer will deliver to..Ljv~ner :ae: tent i certificate of Substantial Completion~v~#fch syl,~ll fix the date of Substantial Completion. There,=''shall be~aatttached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Societe of Professional Engineers for EJCDC_ All rights reserved. 00700 - 37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner tnay use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantia~'ompletion for that part of the Work. ~.. 2.-~ontraetbt at any time may notify Owner and Et-~gi~eer i,q~writ"' '' `'-ghat Contractor considers any such pattabf the~dVork'r ady for its intended use and substan- tia~~~~omp~te ant~'~~cieyuest Engineer to issue a certificate of ~thstant~ Completion for that part of the Work. `"~"' 3 "~ithm a:rreasonable time after either such request, Ov~h32r, ConE,~ctor, and Engineer shall make an inspection o`Fthat part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Finallnspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment I. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations F.JCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reser~~ed. 00700 - 38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time F,ngineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and ,will be paid by Owner to Contractor. 14.08 Final Completion Delaved A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver oJClaims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under Che Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall reswne the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract :Documents (including, but not limited to, failur~to suppl~:'~ sufficient skilled workers or suitable matertals ~r equipment or failure to adhere to the Progress Schedule :~~tablisCleb under Paragraph 2.07 as adjusted from tii~~e to Ii,u y°'~ pursuant to Paragraph 6.04); ~ ...- t 2. Contractor's disregard of~,~a~,vs or gulat of any public body having jurisdictior~p +.,.~ ~. ~`t 3. Contractor's disregard of the afif>hority of F,ngineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and E.ICDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or ~wnedies of Owner against Contractor then existing ot~~hich rria'~ thereafter accrue. Any retention or payment dinon~y~iue Contractor by Owner will not rexeaSe Conttactoik~~~rorn liability. A i ~ .. " F.= Z'f and :Io the extent that Contractor has -,. pr~vic~ed a performance bond under the provisions of Pa~a~>-aph ~.tSl A, the' ermination procedures of that bond shall supersede th~~Ii„r~visions of Paragraphs 15.02.B, and 15.02.C. ~-~ 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor inay, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 -DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Societe of Professional Engineers for EJCDC. All rights reserved. 00700-40 governed by the Construction Industry Mediation IZu1es of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.O5.C or a denial pursuant to Paragraphs 10.O5.C.3 or 1 O.OS.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 -MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. 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 2. delivered at or sent by registered or certified mail, postage prepaid. to the last business address known to the giver of the notice. 17.02 Cornpt+tation of Tirnes A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Czmiulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, ri~t, and remedy to which they apply. _ ,. Y ...i 17.04 Survival of Obligations ,*,~ A. All representations, indemnifications warr~r~,~~, -~. ties, and guarantees made in, requir~,dl~z~, or.-~given~~i accordance with the Contract Documa' ~ts~'~as ~,~jl as all continuing obligations indicated in tl~~ Contrac~tt Docu- ments, will survive final payment, '~complet~h, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.00 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights resen ed. 00700 - 41 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS Articles S-1 Definitions S-2 Limitations of Operations S-3 Insurance S-4 Supervision and Superintendence S-5 Concerning Subcontractors, Suppliers and Others S-6 Compliance with OSHA Regulations S-7 Employment Practices S-8 Contract Compliance Program (Anti-Discrimination Requirements) S-9 Measurement and Payment S-10 Taxes S-11 Construction Stakes S-12 Restriction on Non-Resident Bidding on Non-Federal-Aid Projects S-13 Copies of Documents S-14 Reports of Physical Conditions S-15 Bonds S-16 Permits S-17 Liquidated Damages S-18 Amount of Retainage S-19 Final Payment S-20 Dispute Resolution with Performance Evaluation S-21 ENGINEER'S Consultant's (Consultant's) Authority S-22 Traffic Control Caption and Introductory Statements .. ~~ ~. ~~ y ~~ yn ~ ~~ These Supplementary Conditions amend or supplement the General Conditions and other provisions of the Contract Documents. All provisions which are not so amended or supplemented remain in full force and effect. SUPPLEMENTARY CONDITIONS 00800 - 1 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa S-1 DEFINITIONS. Add or change the following definitions to 1.01 of the General Conditions. ""CONFLICT" A case where an item of work is shown or specified differently in two or more places in the Contract Documents. An item of work shown in one portion of the Contract Documents but not in another is not a conflict. "ENGINEER" shall mean the Director of Public Works for the City of Iowa City, Iowa or his authorized representative, hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities, and have the right and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. "ENGINEER'S CONSULTANT" ("CONSULTANT") shall mean the consulting engineering firm with which the OWNER has contracted to design the project and, to prepare plans and specifications. "OWNER" and "CITY" shall mean the City of Iowa City, Iowa acting through the City Council ~ duly authorized agents. ~:; .., ~ONT# " ~TING AUTHORITY," "DEPARTMENT OF TRANSPORTATION," or "COUNTY" k -~~ still mthe CITY. ~"z: ,, T ~`t`ANDARD SPECIFICATIONS" shall mean the Iowa Department of Transportation ~~-•n "Standard' Specifications for Highway and Bridge Construction," Series of 2001, as ~ , --- -~ amended= ~: ~' "~EJRNISFI" To deliver to the job site or other specified location any item, equipment or material or labor. "HOLIDAYS" Legal holidays designated by the state or specifically identified in CITY HOLIDAYS in this Section. "INSPECT" The act of observing, checking, or verifying that materials provided or Work furnished under this Contract comply with the general intent of the project Contract Documents. "INSTALL" Placing, erecting, or constructing complete in place any item, equipment, or material. "PROVIDE" Furnish and install, complete in place. "PUNCH LIST" List of incomplete items of work and of items of work which are not in conformance with the Contract. SUPPLEMENTARY CONDITIONS 00800 - 2 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa "SHALL" Refers to actions by either the Contractor or the OWNER and means the Contractor or OWNER has entered into a covenant with the other party to do or perform the action. "SUBMITTALS" The information which is specified for submission to the ENGINEER. "SUBSTANTIAL COMPLETION" Sufficient completion of the project or the portion thereof to permit utilization of the project, or portion thereof for its intended purpose. Substantial completion requires not only that the work be sufficiently completed to permit utilization, but that the OWNER can effectively utilize the substantially completed work. Determination of substantial completion is solely at the discretion of the OWNER. Substantial completion does not mean complete in accordance with the Contract nor shall substantial completion of all or any part of the project entitle the Contractor to acceptance under the Contract. "CITY HOLIDAYS" For general scheduling information, in the City of Iowa City, legal holidays occur on the first day of January, commonly known as New Ye~r~s Day, 'the third Monday in January, known as Martin Luther King Day; the third Monday: in February, known as President's Day; the last Monday in May, known as Memorial:. Ctay; tae Fou,r~hl day of July, known as Independence Day; the first Monday in September,jknownras Labe' Day; the eleventh day of November, known as Veteran's Day; the four~f~ Th~Sday" November, known as Thanksgiving Day; and the twenty-fifth day in December, k>~bwn ,T _,.., .. Christmas Day. v `'= ~~ ~'~ .~. When an official holiday falls on Sunday, the following Monday shall be d'esigna#~d as a substitute holiday, and observed as an official holiday. When an official holiday falls on a Saturday, the preceding Friday shall be designated as a substitute holiday, and observed as an official holiday." S-2 LIMITATIONS OF OPERATIONS. Except for such work as may be required to properly maintain lights and barricades, or other work related to safety, no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. S-3 INSURANCE. Add the following to 5.04 of the General Conditions. "A. CERTIFICATE OF INSURANCE CANCELLATION OR MODIFICATION 1. Before commencing work, the Contractor shall submit to the City for approval a Certificate of Insurance, meeting the requirements specified herein, to be in effect for the full contract period. The name, address and phone number of the insurance company and agent must accompany the certificate. The liability limits required SUPPLEMENTARY CONDITIONS 00800 - 3 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa hereunder must apply to this Project only. 2. The Contractor shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 3. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the contract and/or to halt work on the contract, and to withhold payment for any work performed on the contract. B. MINIMUM COVERAGE Any policy or policies of insurance purchased by the Contractor to satisfy his/her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage Comprehensive General Liability Each Occurrence Aggregate Bodily Injury & Property Damage* $1,000,000 $2,000,000 ~utomolxile Liability Combined Single Limit _,w~ Bed~q Injury & Property Damage $1,000,000 :. ~_: ~~~_~ 3cces5, viability $1,000,000 $1,000,000 ~! ~ ~,Forker's~Compensation Insurance as required by Chapter 85, Code of Iowa. c,,; ~ ~.J~,. *P_3'operty Damage liability insurance must provide explosion, collapse and underground coverage.,....:., The City requires that the Contractor's Insurance carrier be A rated or better by A.M. Best. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage amount shall not be subject to reduction by virtue of investigation or defense costs incurred by Contractor's insurer. 2. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self-insured retention to be attributed to, the Contractor unless this requirement is waived by the City. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self-insured retention. SUPPLEMENTARY CONDITIONS 00800 - 4 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa 3. If Contractor's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. 4. The City prefers that Contractor provide it with "occurrence form" liability insurance coverage. If Contractor can only provide "claims-made" insurance coverage, then the Contractor must comply with the following requirements: a. If the Contractor changes insurance carriers, or if Contractor's insurance coverage is canceled, during the contract period or within two years after City's acceptance of the work, Contractor agrees to immediately notify the City of such event. b. If Contractor's insurance is canceled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. -- ` c. If, during said period, Contractor voluntarily changes insurance carriers ~ ter is " °1 required to obtain replacement coverage from another carrier, Contractor,„hall ~"°:~: either (1) purchase "tail" coverage from its first carrier effective for a mnimux~a of two years after City Council acceptance of the work, or (2) purchase"prior alts" ` ~^~ insurance coverage from its new carrier, covering prior acts during tlxe~~peri~ of ' this Contract from and after its inception. ``•' n e:o d. "Tail" or "prior acts" coverage so provided shall have the same coverage, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self-insured retention than the insurance which it replaces. 5. The City reserves the right to waive any of the insurance requirements herein provided. The City also reserves the right to reject Contractor's insurance if not in compliance with the requirements herein provided, and on that basis to either award the contract to the next low bidder, or declare a default and pursue any and all remedies available to the City. 6. In the event that any of the policies of insurance or insurance coverage identified on Contractor's Certificate of Insurance are canceled or modified, or in the event that Contractor incurs liability losses, either due to activities under this Contract, or due to other activities not under this Contract but covered by the same insurance, and such losses reduce the aggregate limits of Contractor's liability insurance below the limits required hereunder, then in that event the City may in its discretion either suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold payment for work performed on the Contract. 7. In the event that any of the policies or insurance coverage identified on Contractor's Certificate of Insurance are canceled or modified, the City may in its discretion either SUPPLEMENTARY CONDITIONS 00800 - 5 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold payment for work performed on the Contract. C. HOLD HARMLESS The Contractor shall indemnify, defend and hold harmless the City of Iowa City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. 2. Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa." r~ S-4 S~iPER~SION AND SUPERINTENDENCE. ~Y' ~.,,dd tt~folloyil~fg to Paragraph 6.01 of the General Conditions: } E F, ~ `` tar , i~... "~~ Gantractor shall maintain a qualified and responsible person available 24 hours per 4 a~ day.,; seven days per week to respond to emergencies which may occur after hours. ` "~ Ca`ttractor shall provide to Engineer the phone number and/or paging service of this ~.. . ind"~vidual." ~:. S-5 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS. Add the following to Paragraph 6.06 of the General Conditions: "H. Bidders shall list those persons, firms, companies or other parties to whom it proposes/intends to enter into a subcontract regarding this project as required for approval by the City and as noted on the Form of Proposal and the Agreement. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. Contractor shall perform not less than 50 percent of the Work with its own forces (i.e., without subcontracting). The 50 percent requirement shall be understood to refer to the Work, the value of which totals not less than 50 percent of the Contract Price." S-6 COMPLIANCE WITH OSHA REGULATIONS. The Contractor and all subcontractors shall comply with the requirements of 29 CFR 1910 (General Industry Standard) and 29 CFR 1926 (Construction Industry Standard). The Contractor and all subcontractors are solely responsible for compliance with said regulations. SUPPLEMENTARY CONDITIONS 00800 - 6 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa The Contractor will provide Material Safety Data Sheets (MSDS) for all hazardous chemicals or materials that will be at the job site. The Material Safety Data Sheets will be submitted to the Engineer prior to the start of construction and supplemented as necessary throughout the project. This data is being provided for informational purposes only and does not relieve the contractor of any obligations for compliance with applicable OSHA and State laws regarding hazardous chemicals and right-to-know. S-7 EMPLOYMENT PRACTICES. Neither the Contractor nor his/her subcontractors, shall employ any person whose physical or mental condition is such that his/her employment will endanger the health and safety of themselves or others employed on the project. - Contractor shall not commit any of the following employment practices and agrees',to irt~ude , the following clauses in any subcontracts: .,.,' To discriminate against any individual in terms, conditions, or privileges of errS,ploy~ent '.~'r because of sex, race, color, religion, national origin, sexual orientation, gen~leQ ide'rttity, ~~~°~ marital status, age or disability unless such disability is related to job performa~ee of'~ch person or employee. - ` To discharge from employment or refuse to hire any individual because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age, or disability unless such disability is related to job performance of such person or employee. S-8 CONTRACT COMPLIANCE PROGRAM (ANTI-DISCRIMINATION REQUIREMENTS). For all contracts of $25,000 or more, the Contractor shall abide by the requirements of the City's Contract Compliance Program, which is included with these Specifications beginning on page CC-1. S-9 MEASUREMENT AND PAYMENT. Measurement and Payment, contained in Division 1 of these specifications defines all pay items and methods of measurement. S-10 TAXES. Contractors and approved subcontractors will be provided a Sales Tax Exemption Certificate to purchase building materials, supplies, or equipment in the performance of the contract. The Contractor shall submit the information necessary for the certificates to be issued. S-11 CONSTRUCTION STAKES. The Contractor shall be responsible for the preservation of stakes and marks. Any necessary re- staking will be at the Contractor's expense and will be charged at a rate of $75 per hour. SUPPLEMENTARY CONDITIONS 00800 - 7 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa S-12 RESTRICTION ON NON-RESIDENT BIDDING ON NON-FEDERAL-AID PROJECTS. The Contractor awarded the project together with all Subcontractors shall be required to complete the form included with these specifications (and entitled the same as this section) and submit it to the Engineer before work can begin on the project. S-13 COPIES OF DOCUMENTS. Delete paragraph 2.02A of the General Conditions and replace with the following paragraph. "The Owner shall furnish to the Contractor six (6) copies of the Contract Documents with six (6) sets of Drawings. Additional quantities of the Contract Documents will be furnished at reproduction cost." S-14 REPORTS OF PHYSICAL CONDITIONS. Add the following to Paragraph 4.02 of the General Conditions: "In the preparation of the Contract Documents, the Engineer has relied upon: M !~'' The `following drawings of physical conditions in or relating to existing surface and `~'~ sub's~tface structures (except Underground Utilities) which are at or contiguous to the site of ~.?; ~~ ~ ~ th~< <U~/`ork: Drawings, Specifications, and Contract Documents of the previous construction ~f..F ~ prgje;~ts at the site. y ~ Miscellaneous engineering and landfill regulatory documents on file at Howard R. Green ~.-~,- - Coin ~.... pany. r... ~: The following reports of explorations and tests of subsurface conditions at the site of the Work: Miscellaneous engineering and landfill regulatory documents on file at Howard R. Green Company. C. Copies of these documents may be examined at the office of the Owner during regular business hours. As provided in Paragraph 4.02 of the General Conditions and identified and established above, the Contractor should place limited reliance on the documents. The Contractor shall not rely on the accuracy of the documents or make claims against the Owner, Engineer or Engineer's Consultants as a result of using the documents. These reports and drawings are not part of the Contract Document." S-15 BONDS. Add the following to Paragraph 5.01 of the General Conditions: "D. The Contractor shall furnish a satisfactory Performance Bond in the amount of 100 percent of the Contract Price and a satisfactory Payment Bond in the amount of 100 SUPPLEMENTARY CONDITIONS 00800 - 8 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa percent of the Contract Price as security for the faithful performance and payment of all the Contractor obligations under the Contract Documents." S-16 PERMITS. Add the following to paragraph 6.08 of the General Conditions: "B. The Contractor shall obtain all necessary federal, state, and local permits required for any dewatering and storm water discharges necessary during construction. The Contractor shall also provide all monitoring and test reporting relating to the discharges." _, S-17 LIQUIDATED DAMAGES. ,_ Add the following to paragraph 12.03 of the General Conditions: , _ n~ "F. Owner and Contractor recognize that the Owner will suffer financial loss i~ ~tla~ w~ is not completed within the Contract Times, plus any extensions authorized in-~~~orda~ce with the General Conditions. They also recognize the delays, expense, an~~ ~drfficylt~es involved in proving in a legal proceeding the actual loss suffered by the C~cvner if `the work is not completed on time. Accordingly, instead of requiring any such'proof,e~ie Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner $1,000.00 for each calendar day after the Contract Times expire, until the Work is complete." S-18 AMOUNT OF RETAINAGE. Add the following to paragraph 14.02.A.3 of the General Conditions: "3. The Owner shall retain from each monthly payment 5% of the amount which is determined to be due according to the recommendation of Engineer. The retainage shall constitute a fund for the payment of claims for materials furnished and labor performed on the project and will be held and disposed of by the Owner as provided in Chapters 26 and 573 of the latest edition of the Iowa Code, including revisions." S-19 FINAL PAYMENT. Add the following to paragraph 14.07.C of the General Conditions: "2. Final payment due the Contractor will be made, subject to the conditions and in accordance with the provisions of Chapters 26 and 573 of the -atest edition of the Iowa Code, including revisions." ~..., .~~s ,y.~j~ :.~, ':,,.~ SUPPLEMENTARY CONDITIONS 00800 - 9 Howard R. Green Company Project No. 191130) S-20 DISPUTE RESOLUTION. Add the following to 16.01 of the General Conditions: FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa "D. It is not the intent of these documents to exclude other means of dispute resolution other than Arbitration. Arbitration may be a means of dispute resolution by the Owner. The Owner shall not be restricted to Arbitration. Article 16 of the General Conditions shall not apply when Arbitration is the selected means of dispute resolution." S-21 ENGINEER'S CONSULTANT'S AUTHORITY. The Engineer's Consultant shall have no authority or responsibility other than that defined in the Consultant Agreement, between Engineer's Consultant and the City of Iowa City, in association with this Project. S-22 TRAFFIC CONTROL. The Owner will maintain routing landfilling operations at the site during the project. Contractor shall provide all labor, equipment and materials necessary to control his/her mobile construction equipment and routine landfill traffic (City and public vehicles) in the immediate vicinity of the Project. ..o- ~- .~ `fir END OF SUPPLEMENTARY CONDITIONS ;.;,, r~ .~- G.c~ q h _.~_, +./ SUPPLEMENTARY CONDITIONS 00800 - 10 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa ADDITIONAL ARTICLES TO THE SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS Articles Page No. Contract Compliance Program (City of Iowa City) ....................................................... CC-1 to CC-8 Restriction on Non-Resident Bidding on Non-Federal-Aid Projects ........................................... R-1 Note To Bidders (Similar Project References) .......................................................................... NB-1 _'.~1 :x .,:..~ 'y ' i .' _ j- i . '~ ~ -:*.~ J t..:,J '`o ~',, n ADDITIONAL ARTICLES TO THE SUPPLEMENTARY CONDITIONS 00820 Contract Com liance Pro ram p g ~. ~~~.~ ry*'~q:~ ~b-~' J^~ 1 .~ ~ 4„rC i~ y ~'~+y ~.,I CITY OFIOWA CITY SECTION I -GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to require equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, consultants and vendors and requires them to ensure that applicants seeking employment with them and their employees are treated equally without regard to race, color, creed, religion, national origin, sex, gender identity, sexual orientation, disability, marital status, and age. It is the City's intention to assist employers, who are City contractors, vendors or consultants, in designing and implementing equal employment opportunity so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: All contractors, vendors, and consultants requesting to do business with the City must submit an Equal Opportunity Policy Statement before the execution of the contract. 2. All City contractors, vendors, and consultants with contracts of $25,000 or more (or less if required by another governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency contracts may be exempt from this provision at the discretion of the City. Regardless of the value of the contract, all contractors, vendors, and consultants are subject to the ~.~. ,;, City's Human Rights Ordinance, which is codified at Article 2 of the City Code. ; = ~ ~ 3. Contracting departments are responsible for assuring that City contractors, vendors,; and cdi'isult are made aware of the City's Contract Compliance Program reporting responsibilities'~~d receive . appropriate reporting forms. A notification of requirements will be included in any re~i;~~ t for°~ropo~ra~ and notice of bids. ,; ~~~, c~:~ 4. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on pages CC-2 and CC-3) or other required material must be received and approved by the City. 5. Contracting departments are responsible for answering questions about contractor, consultant and vendor compliance during the course of the contract with the City. 6. All contractors, vendors, and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. 7. All contractors, vendors, and consultants must assure that their subcontractors abide by the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City City Code section 2- 3-1. mgr\asst\contractcompliance.doc CC-1 SECTION II -ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, "contractor" shall include consultants and vendors.) a. The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their race, color, creed, religion, national origin, sex, sexual orientation, gender identity, disability, marital status, and age. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the re ulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders of the U.S. Secretary of Lor. Th~Secretary of Labor, and not the City, enforces said regulations and orders. ~, P,,,_rovic~,~ a~copy of your written Equal Employment Opportunity policy statement. .r ..,J ~-~ •-~~ 1A/,ktere~:~ ~ ~ktis statement posted? _. c~~~ r= ~:~.. 4. What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) Phone number Address 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. mgr\asst\contractcompliance.doc CC-2 6. How does your business currently inform applicants, employees, and recruitment sources (including unions) that you are an Equal Employment Opportunity employer? The above responses to questions 1 through 6, are true and correctly reflect our Equal Employment Opportunity policies. Business Name Phone Number Signature Title Print Name Date ",a~ ~ _,,~ ~, y. ~ 1 ,,,J :' r~ C:J mgr\asst\contractcompliance.doc CC-3 SECTION III -SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES 1. COMPANY POLICY Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. In regard to dissemination of this policy, this can be done, for example, through the use of letters to all recruitment sources and subcontractors, personal contacts, employee meetings, web page postings, employee handbooks, and advertising. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of administering and promoting your company's Equal Employment Opportunity program. This person should have a position in your organization which emphasizes the importance of the program. 3. INSTRUCT STAFF Your staff should be aware of and be required to abide by your Equal Employment Opportunity program. All employees authorized to hire, supervise, promote, or discharge employees or are involved in such actions should be trained and required to comply with your policy and the current equal employment opportunity laws. 4. RECRUITMENT (a) Let potential employees know you are an equal opportunity employer. This can be done by n~ identifying yourself on all recruitment advertising as "an equal opportunity employer". c::f (b) ~- Use~ecruitment sources that are likely to yield diverse applicant pools. Word-of-mouth recruitment will: only perpetuate the current composition of your workforce. Send recruitment sources a letter ~'- an'r~aally which reaffirms your commitment to equal employment opportunity and requests their ~~°~'' --! assistance in helping you reach diverse applicant pools. c•„ ~-~ (c) ~ Analyze and review your company's recruitment procedures to identify and eliminate discriminatory ~`~. - . ba,rritrs. (d) s Selec`~• and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect major job functions. Review education and experience requirements to make sure they accurately reflect the requirements for successful job performance. (f) Review the job application to insure that only job related questions are asked. Ask yourself "Is this information necessary to judge an applicant's ability to perform the job applied for?" Only use job-related tests which do not adversely affect any particular group of people. (g) Monitor interviews carefully. Prepare interview questions in advance to assure that they are only job related. Train your interviewers on discrimination laws. Biased and subjective judgments in personal interviews can be a major source of discrimination. (h) Improve hiring and selection procedures and use non-biased promotion, transfer and training policies to increase and/or improve the diversity of your workforce representation. Companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an employee's ability and work record. Furthermore, all companies should post and otherwise publicize all job promotional opportunities and encourage all qualified employees to bid on them. 12/01 mgr\asst\contractcompliance.doc CC-4 ~ r ~~®~,~ ~m~ ,,t ~O City of ~~ C` Attached for your information is a copy of Section 2 - 3 - 1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment. Please note that the protected ~: . characteristics include some not mandated for protection by Federal '~_.:' or State law. As a contractor, consultant or vendor doing business', '; -~" ~-~ - ...~ with the City of Iowa City you are required to abide by the provisis~ns `~:, y ~: of the local ordinance in conjunction with your performance under a contract with the City. 12/01 ~.,~_~ Aga _~., K ~~ mgr\asst\contractcompliance.doc CC-5 2-3-1 CHAPTER 3 DISCRIMINATORY PRACTICES SECTION: , 2-3-1: Employment; Exceptions 2-3-2: Public Accommodation; Exceptions 2-3-3: Credit Transactions; Exceptions 2-3-4: Education 2-3-5: Aiding Or Abetting; Retaliation; Intimidation ~~-3-1: c. EMPLOYMENT; EXCEPTIONS: ~r,.,:., ~A. `-.:7t.~hall be unlawful for any employer ' c:~: ~'to .refuse to hire, accept, register, ~ ~, ~ _ ~tassify, upgrade or refer for ernploy- R_. ~~~, ~.~itl~nt, or to otherwise discriminate in `~`~''" ;employment against any other person °~°-~~° - qc ,~to discharge any employee be- cat~se of age, color. creed, disability, r.:: gender identity, marital status, nation- al origin, race, religion, sex or sexual orientation. B. It shall be unlawful for any labor orga- nization to refuse to admit to member- ship, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprentice- ship or training or any member in the privileges, rights or benefits of such membership, apprenticeship or train- ing because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation of such ap- plicant or member. 2-3-1 C. It shall be unlawful for any emplayer, employment agency, labor organiza- tion or the employees or members thereof. to directly or indirectly adver- tise ar in any other manner indicate or publicize that individuals are unwel- come, objectionable or not- solicited for employment or membership be- cause of age, color, creed. disability, gender identity, marital status, nation- al origin, race, religion, sex or sexual orientation. (Ord. 95-3fi97, i1-7-1995) O. Employment policies relating to preg- nancy and childbirth shall be governed by the following: 1. A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this Title. 2. Disabilities caused or contributed to by the employee's pregnancy, miscar- riage, childbirth and recovery there- from are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment or any written or unwrit- ten employment policies and practices involving terms and conditions of employment as applied to other tem- porary disabilities. E. It shalt be unlawful for any person to solicit or require as a condition of employment of any employee or pro- 897 Iowa City 2-3-1 F 897 spective employee a test for the pres- ence of the antibody to the human immunodeficiency virus. An agree- ment between an employer, employ- ment agency, labor organization or their employees, agents or members and an employee or prospective em- ployee concerning employment, pay or benefits to an employee or pro- spective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this subsection do not apply if the State epidemiologist determines and the Director of Public Health declares through the utilization of guidelines established by the Center for Disease Control of the United States Depart- ment of Health and Human Services, that a person with a condition related to acquired immune deficiency syn- drome poses a significant risk of transmission of the human immunode- ficiency virus to other persons in a specific occupation. The following are exempted from the provisions of this Section: 1. Any bona fide religious institution or its educational facility, association, corporation- or society with respect to any qualifications for employment based on religion when such qua{ifica- tions are related to a bona fide reli- gious purpose. A religious qualifica- tion for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or reli- gious institution shall be presumed to be a bona fide occupational qualifica- tion. (Ord. 94-3647, 11-8-1994) Iowa City 2-3-1 2. An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employ- ment or offer of employment shall not discriminate among the disabled or elderly on the basis of age, color, creed, disability, gender identity, mari- tal status, national origin, race, reli- gion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) 3. The employment of individuals for work within the home of the employer if the employer or members of the family reside therein during such em- ployment. __ ~;~ .._ 4. The empbyment 'afi ndivi~uals~~-~~ render personal service to thiZ' perms of the employer or members? of tie employer's family. ._ , `i~ •'i;~ 5. To employ on the t~a~is o~f~sexV ~`n those certain instance~ywhere•sex is a bona fide occupatioi~'dl qu~ication reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted nar- rowly. 6. A State or Federal program de- signed to benefit a specific age classi- fication which serves a bona fide pub- lic purpose. 7. To employ on the basis of disability in those certain instances where pres- ence of disability is a bona fide occu- pational qualification reasonably nec- essary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (Ord. 94-3647, 71-8-1994) SAMPLE: EQUAL EMPLOYMENT OPPORTUNITY POLICY To all employees of This Company and its employees shall not discriminate against any employee or applicant for employment based on his or her age, color, creed, disability, gender identity, marital status, race, religion, sex, or sexual orientation. The anti-discrimination policy extends to decisions involving hiring, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Further, this Company and its employees will provide a working environment free from such discrimination. All employees are encouraged to refer minority and women applicants and applicants with disabilities for employment. The Equal Employment Opportunity Officer for the is: Name: Address: r~ ~, a.~ ,, M ~ ~' r~ ' ~' -~ Telephone Number: ~a " -r ~.~, c,,. °'I~'OTE: phis is ~a~SAMPLE ONLY. You may wish to confer with your EEO officer or legal counsel to ~`°"'°"° ~ormulafe a policy which specifically meets the needs of your company. t._ ~.:_ ,. 12/01 mgr\asst\contractcompliance.doc CC-$ RESTRICTION ON NON-RESIDENT BIDDING ON NON-FEDERAL-AID PROJECTS PROJECT NAME: TYPE OF WORK: DATE OF LETTING: A resident bidder shall be allowed a preference as against anon-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country. That preference is equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. "Resident bidder" is defined as a person authorized to transact business in this state and having a place of business within the state, and has conducted business for at least six months prior to the first advertisement for the public improvement. In the case of a corporation, the above requirements apply as well as the requirement that the corporation have at least fifty percent of its common stock owned by residents of this state. This qualification as resident bidder shall be maintained by the bidder and his/her contractors and subcontractors at the work site until the project is completed. I hereby certify that the undersigned is a resident bidder from the start of the project until its completion. COMPANY NAME: CORPORATE OFFICER: TITLE: DATE: 7/09 data on citynUEng/MasterSpecs/frontenddoc . n; .q as defined above and wi11 .remairlFsuch°~y;~ --- y'T a ~..~ =~ :.n ~,o R-1 NOTE TO BIDDERS 1. The successful bidder and all subcontractors are required to submit at least 4 days prior to award three references involving similar projects, including at least one municipal reference. Award of the bid or use of specific subcontractors may be denied if sufficient favorable references are not verified or may be denied based on past experience on projects with the City of Iowa City. 2. References shall be addressed to the City Engineer and include the name, address and phone number of the contact person, for City verification. 3. Bid submittals are: Envelope 1: Envelope 2: Bid Bond Form of Proposal _, _ , ..,, ~~ ,...~ 4.~J ~..n NB-1 Division 01 GENERAL REQUIREMENTS m ~.~ °~.. ~~ ~,, -Y, .,~, ~._ '.:: '~' ~.s~ ;..~ ,~ Howard R Green Company Project No. 191130) SECTION 01010 SUMMARY OF WORK PART 1 GENERAL 1.01 PROJECT DESCRIPTION FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. The Work of this project consists of the FY09 -Landfill Grading Project at the Iowa City Landfill and Recycling Center, Iowa City, Iowa. This work is in preparation for future FY09 cell construction that will be completed under a separate contract. Work generally includes: 1. Clearing and grubbing. 2. Stripping and stockpiling of topsoil. 3. Partial excavation of the future FY09 landfill cell and stockpiling of soils. 4. Storm water controls. _. ., .r 1.02 DEFINITIONS - "'' A. Owner: City of Iowa City, 410 East Washington, Iowa City, Iowa 52240. Tele~~one ,~ (319) 356-5140. Fax: (319) 356-5009. - ~ ~ " ' ~~~ ~-~ ~ ~=~ B. Engineer: Director of Public Works for the City of Iowa City, Iowa or hid ;authaKazed representative. Telephone: (319) 356-5144. Fax: (319) 356-5009. ~..~ C. Engineer's Consultant: Howard R. Green Company, 8710 Earhart Lane SW, Cedar Rapids, Iowa 52404. Telephone: (319) 841-4000. Fax: (319) 841-4012. 1.03 CONSTRUCTION CONTRACTS A. The Owner will award a single construction contract for the total Work of the Project. B. Contractor may subcontract a portion or portions of Work within the limitations described in the Supplementary Conditions, to fulfill the terms of the Contract. Under no circumstances does the subcontracted Work relieve the Contractor from fulfilling the terms of the Contract. 1.04 GENERAL A. Work to be performed under this Contract shall consist of furnishing all tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The Work shall be complete, and all work, materials, and services not SUMMARY OF WORK 01010 - 1 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa expressly shown or called for in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to the Owner. B. Wherever the Contract Documents address a third party, i.e., subcontractor, manufacturer, etc., it is to be considered as the Contractor throuah third oartv. 1.05 COMMENCEMENT OF WORK A. The Contractor shall not commence Work nor allow subcontractors or sub- subcontractors of commence Work until; 1. The Contract has been fully executed. 2. The Owner has approved the Contractor's Performance and Payment Bonds. 3. The Owner has approved evidence of the Contractor's Liability Insurance and other Insurance required to be purchased by the Contractor. 4. The Owner has issued a Notice to Proceed. 1.06 WORK BY OTHERS c~a ~, ~.. ~~ Owt~r~s activities within the project area will be concurrent with the Work under this r~=.,,; _,~- Cot~tr~'ct. Contractor shall conduct his operations so as to cause minimal interference ~' `~"witf~'~tkt8 work of such other contractors and landfill personnel, and shall cooperate fully ~°~ ==~withi"$t~ch individuals to provide continued safe access to their respective portions of ~~ °'~:~ `~~;the:-site as required to perform their respective contracts. ~ -._ B; .Owner; will continue to operate the facilities including the active landfill working area which~~may involve occasional contact with the public. Contractor shall cooperate with the Owner to minimize interference with the Contractor's operations and to perform operations as professionally as possible to minimize conflicts with the public and adjacent property owners. 1.07 CONTRACTOR USE OF THE PROJECT SITE A. Contractor's use of the project site shall be limited to his construction operations, including on-site storage of materials, on-site fabrication facilities, and field offices. B. Owner facilities outside of the limits of construction are for City personnel, authorized agents, and landfill customers only. Contractor's personnel shall not be allowed in these areas unless specifically authorized by the Owner. SUMMARY OF WORK 01010 - 2 Howard R Green Company Project No. 191130) 1.08 SEQUENCE OF CONSTRUCTION FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. Work under this Contract shall be scheduled and performed in such a manner as to result in the least possible disruption to the operation of the Owner's existing facilities and to the public's use of roadways. Prior to commencing Work, Contractor shall have obtained all required permits, permissions and shall have submitted and received approval on items specifically called out in these Contract Documents. B. Contractor shall complete his work in accordance with the approved construction schedule and within the contract duration. Owner may require Contractor to finish certain portions of work which is in progress before work is started on any additional portion. Owner may also require Contractor to wait for completion of work being performed by other subcontractors. C. Contractor shall submit a 'Proposed Sequence of Construction Plan'. This plan shall ' consist of drawings and a narrative description describing the Contractor's proposed sequence of construction. This plan shall correspond with Contractor's.. constriction schedule. ' ...~a:. 1.09 WORKING HOURS ' , `""'~° ..~ k_r~- A. The Contractor's hours of operations are to be Monday 8:00 A.M. throug~:, Sat.~day ~~:~ 6:00 P.M. (less legal holidays). ~, `°: -'" ,,... ,,~ tW~.~ B. The Contractor must request the Owner, in writing, 24 hours in advance o1~ ny deviation to these hours, such as overtime or Sunday work. The Contractor is responsible for all additional expenses due to additional work hours. This includes, but is not limited to: Engineer's expenses, Owner's Representative, Testing Laboratory personnel, etc. Such additional engineering charges shall be a subsidiary obligation of Contractor and no extra payment shall be made by Owner on account of such overtime work. C. Contractor shall secure the site when working after standard landfill working hours. 1.10 STORAGE AND CONSTRUCTION AREAS A. Responsibility for protection and safekeeping of equipment and materials at or near the sites will be solely that of the Contractor and no claim shall be made against the Owner by reasons of any act of an employee or trespasser. Should an occasion arise necessitating access to an area occupied by stored equipment and/or materials, the Contractor shall immediately move them. B. Upon completion of the Contract, the Contractor shall remove from the storage areas all of their equipment, temporary fencing, surplus materials, rubbish, etc., and restore the areas to their original condition. SUMMARY OF WORK 01010 - 3 Howard R Green Company Project No. 191130) 1.11 SITE CONDITIONS FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. The project site is an active municipal solid waste landfill and as such, conditions are subject to change with time. Vertical control in the landfill cells should be expected (and anticipated) to vary from those shown on the Contract Drawings due to either ongoing subsidence, or additional disposal of waste. Relative elevation differences in existing and proposed elevations shown on the drawings shall be adjusted accordingly. Location of structures shall be placed in accordance with horizontal controls. Vertical placement of structures shall be in accordance with construction documents, or as approved by the Engineer. B. The Contractor acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electrical power, roads, uncertainties of weather, the conformity and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. C. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be ~: er~ountered insofar as the information is reasonably ascertainable from an inspection ~~- o~f~he sites, as well as, from information presented by the contract Documents, or any R=-._~; .,_. dtf~r information made available to him prior to receipt of Bids. Any failure by the ~~r ~~'- contractor to acquaint himself with the available information will not relieve him from ~~}~ -y responsibility for estimating properly the difficulty or cost of successfully performing the ~"`~~ ~~' V1/drk. The Owner assumes no responsibility for any conclusions or interpretations P .a.~. matte by the Contractor on the basis of the information made available by the Owner. r,:~ 1.12 ~OIFFERTNG SITE CONDITIONS A. Contractor shall promptly and before such conditions are disturbed, notify the Engineer in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for this Contract. The Engineer will investigate the conditions and evaluate if the change warrants an adjustment to the Contract. B. No claim by the Contractor shall be allowed if prompt notice is not given or if the claim is made after final payment under this contract. SUMMARY OF WORK 01010 - 4 Howard R Green Company Project No. 191130) 1.13 OWNER REPRESENTATIVE FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. Owner shall employ and pay for the services of various inspectors to inspect and certify various portions of the work, unless otherwise specified in these specifications. Contractor shall fully cooperate with these representatives and Engineer in their performance of their various observation and testing duties. 1.14 PERMITS, FEES AND NOTICES A. Contractor shall secure and pay for all permits and governmental fees, licenses and inspections for the proper execution and compliance of the Work which are customarily secured after execution of the Contract and which we legally required at the time bids were received. These include but are not limited to: 1. All necessary Federal, State, and Local permits required for any dewatering. 2. Procurement and compliance with NPDES General Permit No. 2 for "Storm Water Discharge Associated With Industrial Activity For Construction Activities". 1.15 GROUNDWATER MONITORING AND LANDFILL GAS EXTRACTION WEALS A. The locations of ground water monitoring wells are indicated on the Drawings,.,The~; Contractor shall take all precautions required to prevent damage to these web's. If ~; -,; 8 conflicts arise, resolve these conflicts with the Engineer. = `'~ ; -[-? °,,-_~ J ~~ ti~~ B. Costs associated with damages to the ground water monitoring wells and~° Yandfilf gas extraction wells as a result of Contractor negligence shall be deducfeti frorrl",othe Contractor's final pay request. 1.16 BARRIERS A. Provide as required to prevent public entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations. END OF SECTION SUMMARY OF WORK 01010 - 5 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01225 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Application for Payment. y - 2. Retainage. - - 3. Partial Payments. "~/ ~" 4. Final Payment. °_ ~..j 5. Change Orders. ~,.., ~.,~'; 6. Measurement and Payment -Unit Prices. ~ . ~' ` --- '~_.,,y ~' ,.~ 1.02 BASIS OF UNIT PRICES AND BID SCHEDULE ~..,~9 w A. Payments to the Contractor shall be made on the basis of the Bid Schedule items as full and complete payment for furnishing all materials, labor, tools and equipment, and for performing all operations necessary to complete the Work included in the Contract Documents. Such compensation shall also include payment for any loss or damages arising directly or indirectly from Work, or from any discrepancies between the actual quantities of work and those shown in the Contract Documents, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance by the Owner. B. The amounts stated in the Bid Schedule shall include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation and hauling, bonds, permit fees, insurance, overhead and profit together with any and all other costs associated with the performance of the work required under this Contract. The Basis of Payment for an item at the price shown in the Bid Schedule shall be in accordance with its description as related to the work specified and shown on the Drawings. Unit prices where used will be applied to the actual quantities furnished and installed in conformance with the Contract Documents. C. The quotations on the Bid Schedule shall establish a total price for completing the Work in its entirety. Unless specifically noted as a bid item in the Bid Schedule, all other work which must be performed to complete the project shall be considered as "Incidental Work". Should the Contractor feel that the cost for any item of work has not been established by the Bid Schedule or Basis of Payment, he shall include the cost for that work in some other applicable bid item, so that his Proposal for the project does reflect his total price for completing the Work in its entirety. MEASUREMENT AND PAYMENT 01225 - 1 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa D. Defect Assessment: The Work, or portions of the Work, not conforming to specified requirements, shall be replaced. If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct an appropriate remedy or adjust payment. 1.03 APPLICATION FOR PAYMENT A. Submit the Application for Payment to Owner once each month. The dates to be determined at the Pre-Construction Meeting. B. The Application for Payment shall be made based on the Pay Request Form provided by the Owner. C. The Application for Payment shall be based on the valuation of the Work done, as well as, the materials and equipment not incorporated in the Work, but delivered and suitably stored at the site as of the last day of the preceding month. D. No payment will be made on account of materials and equipment stored at off-site locations without Owner's prior written approval to such payment. Such approval shall contain procedures to establish Owner's title to and protect the Owner's interest in the materials and equipment including insurance, designate a location for storage, cam',:,; artd provide for protection and transportation to the site. Contractor shall submit ,... ~ data substantiating his right to payment as Owner/Engineer may require. ,~=.~r ~:~ ~, ~~'~ IF04 '~t'ETA~I~AG E ~~ ~"; To 'insurance the proper performance of the contract, Owner will retain five (5) ~.~ percent of the amount due the Contractor on account of progress payments. . ~4 ~: Refainage will be retained by Owner until final payment. 1.05 PARTIAL PAYMENT A. Monthly payment estimates wilt be considered by Owner, and payment will be made within thirty (30) days following approval by the Owner. 1.06 FINAL PAYMENT A. When the Engineer has determined that the Work is acceptable under the Contract Documents and the Contract fully performed, the Contractor shall prepare and submit his final Application for Payment to the Engineer together with lien waivers, sales tax statements, and other required submittals. Final acceptance of the Work will be considered by the Owner and final payment will be made not earlier that 31 days following submittal of final Application for Payment. MEASUREMENT AND PAYMENT 01225 - 2 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa 1.07 CHANGE ORDERS A. If Owner desires a change in the Work, Engineer will notify Contractor and provide a written description, in the form of drawings or otherwise, of the change. B. Contractor shall promptly submit to Engineer in writing a firm proposal for changes in the Contract Sum and Contract Time, if any, resulting from the proposed change. C. Owner shall have 30 days or such time as may be agreed upon, in which to accept or reject Contractor's proposal after its submission and Contractor shall not modify or withdraw the proposal during this period without Owner's consent. D. Contractor may also propose changes by submitting a request for change to the Engineer and Owner, describing the proposed change and its full effect on the Work. Include a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time with full documentation and__ a sta ement describing the effect on Work by Contractor. - . -- ~~, , . _. _ .s ,.~ 1.08 MEASUREMENT AND PAYMENT (UNIT PRICES) ~ ~- ',r tl ,v,,) A. The quantities set forth in the Bid Schedule are estimates and have be~7~x provifted to:~ establish a uniform basis for the comparison of bids. Owner reserv~~=tt1e t~~ht to increase or decrease the quantity of any class or portion of the wca~k duri~ the progress of construction in accordance with the terms of the Contract. B. Unit prices are used as a means of computing the final figures for bid and Contract purposes, for periodic payments for work performed, for determining value of additions or deletions and wherever else reasonable. C. Quantities and measurements supplied or placed in the Work shall determine payment. Actual quantities, as determined by the Engineer, will determine payment. D. Unit prices shall be full compensation for items associated with the performance of the work required under this Contract. Each payment item includes everything necessary for a complete installation under that item, except materials or items for which direct payment is otherwise provided. E. Payment Items: 1. Mobilization and General Protect Administration: a. Mobilization and general project administration activities, including but not limited to bonds, insurance, administration, scheduling, temporary facilities, movement of personnel, equipment, supplies and incidentals, and all other activities necessary to prepare and complete the Contract Work. Also includes all administration, management, and coordination items required MEASUREMENT AND PAYMENT 01225 - 3 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa for the project except those items for which direct payment is otherwise provided. b. Fifty percent (50%) of the original Contract price for this item may be allowed in the first payment application. The remaining amount for this item will be paid out proportionately over the duration of the Contract. 2. Clearing and Grubbing: a. Clearing and grubbing includes removal and proper disposal of all woody and other herbaceous vegetation, field fences, and rubbish located in the construction area and salvage of stockpiling of existing road rock as indicated in the contract documents. b. Payment will be at the Contract unit price per acre of clearing and grubbing for the area and quantity indicated in the contract documents. 3. To psoil Stripping and Stockpiling: a. Includes removal, hauling, and stockpiling of topsoil from cuts and areas to be covered by embankments and soil stockpiles. b. Payment will be at the Contract unit price per cubic yard as indicated in the contract documents. The existing topsoil depth is estimated to be 1 ft. The quantity of topsoil stripping and stockpiling shown in the contract documents shall be the quantity for which payment is made. Overhaul will ~'~' c::. ~~ not be measured or paid for, but shall be considered incidental to excavation. _., ; C:~ l ~~: ~':! ,,. Ma ss Excavation and Stockpiling: gip' _ `„_- a. Includes excavation, hauling and stockpiling of soil and general grading as -~ ~ c"`°' indicated in the contract documents. ~ t~ -~~' ° b. Payment will be at the Contract unit price per cubic yards of excavation ~v , defined as volume of earth in its original space. Quantity is based on the ,- •-- estimated cut quantity and does not include topsoil. The quantity of mass excavation and stockpiling shown in the contract documents shall be the quantity for which payment is made. Overhaul will not be measured or paid for, but shall be considered incidental to excavation. 5. Storm Water Permit and Compliance: a. Development, compliance, and implementation of the Storm Water Pollution Prevention Plan (SWPPP). This item includes but is not limited to, obtaining NPDES permit, administering SWPPP, monitoring, inspection and documentation. Also includes implementing all temporary erosion control measures deemed necessary to comply with the SWPPP. b. Payment for this item will be at the Contract lump sum to be paid out proportionately over the duration of the Contract. Does not include payment for erosion control materials or items for which direct payment is otherwise provided (i.e. silt fence and mulch). MEASUREMENT AND PAYMENT 01225 - 4 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa 6. Silt Fence: a. Includes silt fence installed for erosion and sedimentation control in accordance with the Contract Documents. b. Payment for silt fence will be the Contract unit price per linear foot installed. 7. Cleanout of Silt Fence: a. Includes removal of sediment and refuse from installed silt fence to maintain effectiveness for erosion and sedimentation control. b. Payment for cleanout of silt fence will be the Contract unit price per linear foot of silt fence cleaned out. 8. Mulch a. Item includes mulching and anchoring to stabilize soil slopes. b. Payment for mulching will be the Contract unit price per acre installed. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION MEASUREMENT AND PAYMENT 01225 - 5 Howard R Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01295 SCHEDULE OF VALUES PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Procedures required of the Contractor regarding format, style and submittal of Schedule of Values. B. Related Sections: 1. Section 01225 -Measurement and Payment. 1.02 SUBMITTALS: GENERAL _, A. Submit to the Engineer a Schedule of Values based upon the Contract Price and did Schedule, listing the major elements of work and the dollar value for each elemer~, F~ ~~g within ten (10) days after the official Notice to Proceed. ;•,.~ ~. ~:~ . .,<...,j B. Upon request of the Engineer, support the values with data which will sut3sf~ntiat ' •~b.:~ their correctness. rw:~ ~'~'. ,~~ C. The Schedule of Values, unless objected to by the Engineer, shall be usecl'only tithe basis for the Contractor's Applications for Payment. 1.03 FORM AND CONTENT A. Type schedule on 8-1/2 inch x 11 inch or 8-1/2 inch x 14 inch white paper furnished by the Owner. Contractor's Standard Forms and automated printout will be considered for approval by the Engineer upon Contractor's request. Identify schedule with: 1. Title of Contract and location. 2. Engineer and Contract number. 3. Name and address of Contractor. 4. Date of submission. B. Schedule shall list the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. This installed value shall be the unit price amount provided by the Contractor in the Bid Form. C. Utilize the items specified in the Bid Form as a guide to establish the format for the values of each major category. SCHEDULE OF VALUES 01295 - 1 Howard R Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa D. Identify each line item with the number and title of the payment item. E. For the various portions of the Work: 1. Each item shall include a proportional amount of the Contractor's overhead and profit. 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. Paid invoices are required for materials upon request by the Engineer. b. The total installed value. F. Arrange the Schedule of Values in a tabular form with separate columns to indicate the following for each item listed: Bid Item Number Bid Item Description Unit Type Unit Price Estimated Quantity Scheduled Contract Amount Work Completed from Previous Applications ~ Work Completed this Application c~ ~ Materials Presently Stored ~::- : ~. =:., Total Completed and Stored to Date ~~ :~ ~ ~ = Percentage of Item Complete ~ ~ „ `` ~~ ° - Balance to Finish `r = Retainage ..~ C".i ~ .:'~ ~ _. r~.f,,.. ~:; The, sum listed in the Schedule shall equal the total Contract Sum as provided by the ContCactor in the Bid Schedule. _" H. Round amounts off to the nearest whole dollar; the total shall equal the Contract Sum. I. Update and resubmit the Schedule of Values with monthly applications for payment and when Change Orders result in a change in the Contract Sum. END OF SECTION SCHEDULE OF VALUES 01295 - 2 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01315 COORDINATION AND MEETINGS PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Coordination. 2. Preconstruction conference. 3. Progress meetings. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 -Measurement and Payment. 1. Work of this Section is incidental to the "Mobilization and General Project Administration" item. ~~.. 1.02 COORDINATION "~:' i ..~ ~ , A. Coordinate scheduling, submittals, and Work of the various Sections of sp~ecrficatlor~.to U~;:._ assure efficient and orderly sequence of installation of interdependent co•,nstr~C~tipn _ elements. - ~"~ __ ~ y°' ~d • "C;; r....., ~ ~ ,I. ~ j ' 1.03 PRECONSTRUCTION CONFERENCE v f~, t > ~,~ .,~ ` n A. Engineer will schedule a conference after Notice of Award. r~ ~,..~ ''' ~" ~ -,~ B. Attendance Required: Owner, Engineer, Contractor, Contractor's Superintendent, and major subcontractors. C. Agenda: 1. Submission of list of subcontractors, list of products, Schedule of Values, and progress schedule. 2. Designation of personnel representing the parties in Contract and the Engineer. 3. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. 4. Use of premises by Owner and Contractor. 5. Owner's requirements. 6. Facilities and controls provided by Owner. 7. Temporary utilities provided by Owner. 8. Security and housekeeping procedures. 9. Schedules. 10. Procedures for testing. 11. Procedures for maintaining record documents. COORDINATION AND MEETINGS 01315 - 1 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa 12. Compliance with applicably safety rules and regulations. 13. Compliance with applicable environmental rules and regulations. 1.04 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at weekly intervals. 1. Meeting intervals may be adjusted depending on nature of the Work as mutually agreed by Engineer and Contractor. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within two days to Engineer, Owner, participants, and those affected by decisions made. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner's field representative, and Engineer or Engineer's Consultant, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 4"''~ 3. ,.Field observations, problems, and decisions. ~. 4., , identification of problems which impede planned progress. _ 5.',~ CReview of submittals schedule and status of submittals. c+:. 6 ,,Review of off-site fabrication and delivery schedules. I n r, _i ~ ,' ....Maintenance of progress schedule. . ~`~w 8 . °~orrective measures to regain projected schedules. r r ' 9 .° ~:I?lanned progress during succeeding Work period. ~~'~ _ 10 ~' :coordination of projected progress. 11. `.iX~laintenance of quality and Work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION COORDINATION AND MEETINGS 01315 - 2 Howard R Green Company Project No. 191130) SECTION 01330 SUBMITTALS PART 1 GENERAL 1.01 SUMMARY FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. Section Includes: 1. Procedural requirements for Work-related submittals, as applicable. a. Construction progress schedules. b. Proposed products list. c. Shop drawings. d. Product data. e. Manufacturer's instructions. f. Manufacturer's certificates e. Guarantee, warranties, maintenance agreements and workmanship f~onds.~ ~ f. Test results. = -~- '; ~~ 1.02 MEASUREMENT AND PAYMENT ~-' `~~ u ~.` ~~ A. Refer to Section 01225 -Measurement and Payment. '~ ~ '~" 1. Work of this Section is incidental to the "Mobilization and General Project Administration" item. 1.03 SUBMITTAL PROCEDURES A. Transmit each submittal with the Contractor's standard submittal form. B. Sequentially number the transmittal forms. Resubmittals to have original number with an alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. D. Apply Contractor's stamp, signed or initialled 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. Submittals must be from the Contractor and bear his approval stamp. Submittals will not be received from or returned to subcontractors. E. Schedule submittals to expedite the Project, and deliver. Coordinate submission of related items. „ J J SUBMITTALS 01330 - 1 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa F. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. G. Provide space for Contractor and Engineer review stamps. H. Revise and resubmit submittals as required, identify all changes made since previous submittal. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.04 ACTION ON SUBMITTALS A. Engineer's Action: 1. Except for submittals for record and similar purposes, where action and return on submittal is required or requested, Engineer will review each submittal, mark with appropriate action, and return. Where submittal must be held for coordination, Engineer will so advise Contractor without delay. o,.,~ 2. Engineer will stamp each submittal with action stamp, appropriately marked with ~' ~bmittal action. =~~ 3. ~° information submitted is not sufficient to complete review of submittal, Engineer r~ .1 ,,,avrnll send transmittal to Contractor notifying that additional information is required. >I ~ ' -'submittal will not be returned. Submittal will be placed in an "on hold" status until ~,,,~ ;, ,~ ,, c~~; °'~-~ntractor provides additional information. :~ ~.~ B=- Submi~j;als returned to the Contractor will indicate one of the following: ~, 1. ~~ roved - Final Unrestricted Release: Where submittals are marked as "Approved," Work covered by submittal may proceed provided it complies with Contract Documents. Acceptance of Work depends on that compliance. 2. Reviewed as Noted -Final-But-Restricted Release: When submittals are marked as "Reviewed as Noted" Work covered by submittal may proceed provided it complies with Engineer's notations or corrections on submittal and with Contract Documents. Acceptance of Work depends on that compliance. Resubmittal is not required. 3. Rejected -Submittal Not Accepted: When submittals are marked as "Rejected," do not proceed with Work covered by submittal. Work covered by submittal does not comply with Contract Documents. Prepare new submittal for different material or equipment supplier or different product line or material of same supplier complying with Contract Documents. 4. Revise and Resubmit -Returned for Resubmittal: When submittals are marked as "Revise and Resubmit," do not proceed with Work covered by submittal. Do not permit Work covered by submittals to be used at Project site or elsewhere where Work is in progress. Revise submittal or prepare new submittal in accordance with Engineer's notations. Resubmit without delay. Repeat if required to obtain different action marking. SUBMITTALS 01330 - 2 Howard R Green Company Project No. 191130) 1.05 CONSTRUCTION PROGRESS SCHEDULES FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. Submit initial progress schedule in duplicate within 10 days after date of Owner-Contractor Agreement for Engineer review. B. Revise and resubmit as required. C. Submit revised schedules with Application for Payment, identifying changes since previous version. D. Submit a horizontal bar chart with separate line for each major section of Work or operation, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. F. Indicate estimated percentage of completion for each item of Work at each submission. - "' f~~' v G. Indicate submittal dates required for shop drawings, product data ,s~ampl~:3, arYc~° product delivery dates. ~,,~ --_~ _~ ` ~'j H. Schedule Revisions: = ` ; ~; --;~ _,. 1. Weekl to reflect Chan es in ro ress of Work. '" ~~~ ~~' Y 9 p 9 r; :' 2. Indicate progress of each activity at date of submittal. "~'~' 3. Show changes occurring since previous submittal of schedule. - ';-' 1.06 PROPOSED PRODUCTS LIST A. Within 15 days after date of Owner-Contractor Agreement, 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. 1.07 SHOP DRAWINGS A. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Engineer. B. After review, reproduce and distribute in accordance with Article on Procedures above and for Record Documents. SUBMITTALS 01330 - 3 Howard R Green Company Project No. 191130) 1.08 PRODUCT DATA FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Engineer. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. C. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents. 1.09 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. ~,„;,,, ~,r.~~:~ t ~ , . ~. Iden~'rfy conflicts between manufacturers instructions and Contract Documents. ~~~ ~ ~. ~l.10 '~11AN~FACTURER'S CERTIFICATES ,; rt a ~~ , '~ k~. Wh~ah specified in individual specification Sections, submit manufacturers' certificate to - ``~~ Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. .mss ,, ~. Ce~lficates may be recent or previous test results on material or Product, but must be --~ a;ptable to Engineer. ~ a.1.11 GUAR'~ALVTEE, WARRANTIES, MAINTENANCE AGREEMENTS, m,„„_ ~ND 1111~RKMANSHIP BONDS ..'..W ``°°`~ ` ~"A. Refer"•to Specification sections for requirements. 1.12 TEST RESULTS A. Submit test results required in Specification sections. B. Submit test results upon completion of test or submittal of results from testing laboratory. C. Test results are submitted for review of conformance with specified requirements and information. SUBMITTALS 01330 - 4 Howard R Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION . ~ ` . ~. ~ F..~..1 ..... u~.ua w. r-.. ~.. '-r .:~f U~ 1 ~~r/ SUBMITTALS 01330 - 5 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01350 ON-SITE HEALTH AND SAFETY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Health and Safety requirements at Landfill sites. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 -Measurement and Payment. 1. Work of this Section is incidental to the "Mobilization and General Project Administration" item, except where direct payment is otherwise provided. ,..:~ 1.03 DESCRIPTION ~ ;~ ......, A. Construction/remediation activities at landfills or other waste disposal site;may-,..place ._; Contractor's personnel, personnel of other contractors hired by Owner to~erform~~Nork--" at site, and public in potentially hazardous situations due to exposure to ~"a~idfill Muse, leachate and gases. %=i "~" ~:o B. Contractor is responsible for implementation and enforcement of safe work practices including, but not limited to, personnel exposure to refuse, leachate and gases; use of trenching, sheeting, and shoring; scaffolding; materials handling and drilling; operation of equipment; and safety of public during progress of Work. C. Possible Presence of Harmful and Dangerous Substances: 1. Construction of this Project will require special precautions because of the special conditions that exist in a landfill environment. These conditions include: The possible presence of potentially explosive and harmful gases resulting from decomposition of organic and other substances; the presence of leachate which is a liquid which emanates from the landfill and which contains dissolved, suspended, and or microbial contaminants from the solid waste deposits. Contact with this liquid may be harmful to human health and the environment. 2. Landfill gases including varying concentrations of methane and hydrogen sulfide gas known to be present within the landfill. Such gases are explosive in certain concentrations and also represent a hazard to life under certain conditions including but not limited to confined areas such as leachate lines and tanks, manholes, trenches and buildings. Because of these conditions, smoking is not permitted within the landfill area and will not be permitted within the limits of the Project. Contractor shall provide monitoring required to determine the presence, composition, and concentration of gases present in order to evaluate hazard ON-SITE HEALTH AND SAFETY REQUIREMENTS 01350 - 1 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa potential and take appropriate safety measures which may include, but not be limited to: special ventilation; breathing apparatus and protective clothing for his employees or subcontractors only; and explosion-proof and non-sparking equipment and fire protection. 3. Leachate may be present in unknown quantities within the limits of the Project. Laboratory analysis of leachate samples indicate the presence of volatile organic compounds including acetone, benzene, toluene, and methyl ethyl ketone. pH of the leachate generally ranges from 6 to 7 units. Contractor is responsible for determining the presence of and potential hazards of any leachate encountered and is responsible for implementing safety measures as are appropriate. These measures may include, but shall not be limited to: protective clothing, special breathing apparatus, and explosion proof and non-sparking equipment. 1.04 QUALITY ASSURANCE A. Regulatory Requirements: 1. Contractor shall plan for and ensure personnel comply with basic provisions of OSHA Safety and Health Standards (29 CFR 1910), and General Construction Standards (29 CFR 1926) as appropriate. 2. Comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property. c~.t ~, 1.05~;flPS6t~`TIONS AND EQUIPMENT SAFETY ~~-w:-<~ ~. ~ ~ ~^P ~7A. Lo~ractor is responsible for initiating, maintaining, and supervising safety precautions al'ri~dC:;programs in connection with Work. Contractor shall take necessary precautions ' C~~, for safety of employees on Project site and other persons and organizations who may ~. ~ ~ be: affected by Project. ,: ~:~ B'~. ConTractor's duties and responsibilities for safety in connection with Work shall continue until such time as Work is complete and shall continue though the correction period as applicable under the Contract. 1.06 HEALTH AND SAFETY A. Contractor is responsible for implementation and enforcement of health and safety requirements and will take necessary precautions and provide protection for following. 1. Personnel working on or visiting Project site, irrespective of employer. 2. Work and materials or equipment to be incorporated in Work area on- or off-site. 3. Other property at or adjacent to Project site. 4. Public exposed to job related operations or potential release of toxic or hazardous materials. B. Contractor shall prepare site-specific health and safety plan (HASP) following the requirements of 29-CFR 1910.120, and 29-CFR 1910.146. Such plan shall include ON-SITE HEALTH AND SAFETY REQUIREMENTS 01350 - 2 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa appropriate measures for confined space entry as project conditions warrant. If Contractor does not have capability to prepare HASP, Contractor shall employ consultants with appropriate capabilities. Contractor is solely responsible for adequacy of HASP's preparation, monitoring, management, and enforcement. At minimum, Contractor's HASP shall address following. 1. Site description and history. 2. Project activities, including coordination with other Contractors. 3. Hazard evaluation. 4. On-site safety responsibilities. 5. Work zones. 6. Personnel training. 7. Medical monitoring. 8. Atmospheric monitoring. 9. Personal protection, clothing, and equipment. 10. Decontamination procedures. 11. Emergency procedures. C. Landfill gas and/or its condensate may warrant special safety precautions due' to its toxic and flammable/explosive nature. Hazards that might occur could be one o~ more of the following: ~ ~ . = ; 1. Fires may start spontaneously from exposed and/or decomposing waste. ~ - 2. Fires and explosions in confined or enclosed spaces from the presenee.of me-than~G~; gas. _~ , ., ., ,~-, ~., 3. Landfill gases may cause oxygen deficiency, explosive condit~r~, or`toxic atmospheres in underground trenches, vaults, conduits and structures." `=`=" 4. Sudden subsidence or collapse of the landfill surface during activities sh as drilling or excavating. 5. Uncovered refuse can contain pollutants and chemicals harmful to human health. Do not come in direct contact with exposed refuse. 6. Leachate, the fluid from within the landfill, can contain pollutants and harmful chemicals. Do not come in direct contact with the leachate. 1.07 ENGINEER'S RESPONSIBILITIES A. When Engineer is required to be present on Project site to perform engineering services, Engineer will comply with Contractor's safety plans, programs, and procedures. B. If Engineer determines Contractor's safety plans, programs, and procedures do not provide adequate protection for Engineer, Engineer may direct its employees to leave Project site or implement additional safeguards for Engineer's. If taken, these actions will be in furtherance of Engineer's responsibility to its own employees only, and Engineer will not assume responsibility for protection of any other persons affected by Work. ON-SITE HEALTH AND SAFETY REQUIREMENTS 01350 - 3 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa C. If Engineer observes situations which appear to have potential for immediate and serious injury to persons, Engineer may warn persons who appear to be affected by such situations. Such warnings, if issued, shall be given based on general humanitarian concerns, and Engineer will not, by issuance of any such warning, assume responsibility to issue future warnings or any general responsibility for protection of persons affected by Work. 1.08 SUBMITTALS A. Submit copies of HASP to Owner and Engineer within 10 days after Notice to Proceed. Work on-site shall not proceed until HASP has been submitted to Engineer. 1. Submittal of Contractor's HASP to Engineer is to inform Engineer and Owner so they can comply with HASP. during performance of their on-site responsibilities as described in Contract Documents. 2. Submittal of Contractor's HASP shall neither impose on Engineer responsibility for adequacy of HASP nor relieve Contractor from full responsibility therefore. PART 2 PRODUCTS (Not Used) r~ PAI~ 3 E,CUTION ~~- ~~;; ~~; ~~, ~Y~; ..,~ END OF SECTION ON-SITE HEALTH AND SAFETY REQUIREMENTS 01350 - 4 Howard R Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01360 PROJECT RECORD DOCUMENTS PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Record documents maintained by Contractor during construction and submitted to Engineer at Contract Closeout. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 -Measurement and Payment. 1. Work of this Section is incidental to the "Mobilization and General Project Administration" item, except where direct payment is otherwise provided. 1.03 SUBMITTALS A. At Substantial Completion: f'' 1. Deliver one marked up set documents to Engineer. - n ti..a 1.04 SITE RECORD DOCUMENTS = -- , I... 1 a A. Maintain on site, one set of the following record documents; record actu~kr'e~isiot-~s to =r~ :,., _: _ the Work: ~ ~~ 1. Contract Drawings. -~ 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed shop drawings, submittals, product data, and samples. 6. Results of all field tests. PART 2 PRODUCTS (Not Used) PROJECT RECORD DOCUMENTS 01360 - 1 Howard R Green Company Project No. 191130) PART 3 EXECUTION 3.01 MAINTENANCE OF DOCUMENTS AND SAMPLES FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. Store documents and samples in Contractor's field office apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide secure storage space for storage of samples. B. Maintain documents in clean, dry, legible condition and in good order. Do not use record documents for construction purposes. C. Make documents and samples available for inspection by Engineer or Owner. D. Failure to properly maintain record documents may be reason to delay a portion of progress payments until records comply with Contract Documents. 3.02 RECORD DOCUMENTS A. Maintain record set of Drawings and Specifications legibly annotated to show all changes which are made during construction. 1. Drawings: Graphically depict changes by modifying or adding to plans, details, c •--sections, elevations, or schedules. ~• ~:~ `-/lake changes on each sheet affected by changes. ~•°~~;; .~-. 3'= r~pecial attention shall be given to recording the horizontal and vertical location of ~~~-~ c~... '; -III buried utilities that differ from the locations indicated or which were not indicated ~' ~;~.n the Contract Drawings. "~. ~ ~ ° 4 ~ Specifications: ~.. ~ ~: Mark Specification sections: to show substantial variations in actual Work ~, performed in comparison with test of Specifications and modifications. Give particular attention to substitutions, selection of options and similar information on elements that are concealed or cannot otherwise be readily discerned later by direct observation. b. Note related record drawing information and Product Data. B. Record information concurrently with construction progress. 1. Do not conceal Work until required information is recorded. 2. Record changes made by Written Amendment, Field Order, Change Order or Work Directive Change. C. Record drawings shall be supplemented by any detailed sketches or typewritten changes to the Specifications, as necessary or directed to indicate fully the work as actually constructed. These master record drawings of the Contractor's representation of as-built conditions, including all revisions made necessary by addenda, change orders, and the like shall be maintained up-to-date during the progress of the work. PROJECT RECORD DOCUMENTS 01360 - 2 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa D. Record documents shall be accessible to the Engineer at all times during the construction period and shall be delivered to the Engineer upon completion of the work prior to final acceptance of project. E. Request for partial payments will not be approved if the record drawings are not kept current and not until the completed record drawings showing all variations between the work as actually constructed and as originally shown on the Contract Drawings or other Contract Documents have been inspected by the Engineer. F. Contractor shall contact surveyor to obtain as-built elevation data required on the record drawings. This information includes but is not limited to; leachate collection top of pipe, swale/ditch centerline elevations, inlet elevations, exposed existing gas line locations and elevations, etc. G. Final payment will not be approved until the Contractor prepared record drawings have been delivered to the Engineer. Record drawings may be in the form of a set of prints with carefully plotted information overlaid in red pencil. H. Prior to final acceptance, the Contractor shall complete and deliver a complete set of record drawings to the Engineer, conforming to the construction records of the Contractor. These drawings shall consist of corrected plans showing the reported location of the work. The information submitted by the Contractor and incorporated by the Engineer into the record drawings will be assumed to be reliable, and the Engineer will not be responsible for the accuracy of such information, nor for-any errors or omission which may appear on the record drawings as a result. END OF SECTION ~ ~ ~~ O::°: _~ PROJECT RECORD DOCUMENTS 01360 - 3 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Temporary Utilities: Electricity, lighting, heat, ventilation, telephone service, water, and sanitary facilities. 2. Temporary Controls: Barriers, enclosures and fencing, protection of the Work, and water control. 3. Construction Facilities: Access roads, parking, progress cleaning, project signage, and temporary buildings. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 -Measurement and Payment. 1. Work of this Section is incidental to the "Mobilization and General Project Administration" ~- -~;, -..~: ~ ,~ PART 2 PRODUCTS '..~~ P~ .s.y~.~ 2.01 TEMPORARY ELECTRICITY AND LIGHTING -~ ~ :~ A. Provide and pay for power service required from Utility source. _ --~~ B. Temporary lighting shall be sufficient to enable Contractor and Subcontractors to complete Work and enable Engineer to observe Work as it is being performed. Illumination shall meet or exceed state code requirements 2.02 TEMPORARY HEAT A. Provide and pay for heat devices and heat as required to maintain specified conditions for construction operations and for field office. 2.03 TELEPHONE SERVICE A. Provide, maintain and pay for telephone service to field office at time of project mobilization. Cellular phone service is acceptable. 2.04 TEMPORARY WATER SERVICE A. Make suitable arrangements for temporary water service at Contractor's expense if TEMPORARY FACILITIES AND CONTROLS 01500 - 1 Howard R. Green Company Project No. 191130) water is needed for construction or testing. 2.05 TEMPORARY SANITARY FACILITIES FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. Provide temporary sanitary toilet facilities conforming to state and local health and sanitation regulations, insufficient number for use of Contractor's and Subcontractor's employees and other personnel authorized by Owner to enter site. B. Maintain in sanitary condition and properly supply with toilet paper. 2.06 TEMPORARY FIRE PROTECTION A. Provide and maintain in working order, minimum of one fire extinguisher in each construction trailer, construction vehicle, construction equipment, and such other fire protective equipment and devices as would be reasonably effective in extinguishing fires by personnel at Project site. 2.07 SECURITY AL`y~,, Security will not be provided by Owner. ~~ B C~:~tiactor shall be responsible for loss or injury to persons or property where Work is ~.~: ~P , `='- invtilyed, and shall provide security and take precautionary measures to protect .:., Cciiltractor's and Owner's interests. ~ ,, ..... ~_~.08 .~ CONTRACTOR'S FIELD OFFICE ~::;:; A.~ . Establish at site of Project. General Construction: New or reconditioned mobile office trailer. B. Equipment: Telephone (cell phone also acceptable), mailing address, and sanitary facilities. C. Assure attendance at this office during the normal working day. D. At this office, maintain complete field file of shop drawings, posted Contract Drawings and Specifications, and other files of field operations including provisions for maintaining "As Recorded Drawings." E. Remove field office from site upon approval by Owner and immediately after acceptance of the entire work by the Owner. F. Contractor shall pay utility costs associated with the field office. 2.09 ENGINEER'S FIELD OFFICE A. Separate office in Contractor's field office. Engineer's field office shall be utilized by the Owner, Engineer, Testing Laboratory personnel, and the Surveyor. TEMPORARY FACILITIES AND CONTROLS 01500 - 2 Howard R. Green Company Project No. 191130) 2.10 TRAFFIC CONTROL FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. Provide temporary traffic control as defined in Supplementary Conditions. 2.11 ACCESS ROADS AND TEMPORARY PARKING A. Construct and maintain temporary roads accessing public thoroughfares to serve construction area. B. Extend and relocate as Work progress requires. C. Provide means of removing mud from vehicle wheels before entering streets. D. Areas of site to be designated by Engineer to be used for parking of construction personnel's private vehicles, Contractor's light-weight vehicles, and Contractor's equipment. 1. All areas used for parking or storage will be maintained in and returned to condition in which they were found prior to construction or restored as part of project completion. PART 3 EXECUTION . ;~~~ ,,~ `_mti 3.01 GENERAL -- A. Maintain and operate systems to ensure continuous service. ~ ~ i : i ~~~ .~; .~4,~ B. Modify and extend systems as Work progress requires. .~ ~~ 3.02 REMOVAL `"' A. Completely remove temporary materials, equipment, signs, and structures when no longer required. B. In unfinished areas, clean and repair damage caused by temporary installations or use of temporary facilities, restore drainage, and evenly grade, seed or plant as necessary to provide appearance equal to or better than original. C. In finished areas, restore existing or permanent facilities used for temporary services to specified, or original condition. 3.03 DAMAGE TO EXISTING PROPERTY A. Contractor is responsible for replacing or repairing damage to existing buildings, structures, sidewalks, roads, parking lot surfacing, and other existing assets. END OF SECTION TEMPORARY FACILITIES AND CONTROLS 01500 - 3 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City and Recycling Center Iowa City, Iowa SECTION 01570 ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Requirements to minimize pollution of air, water, or land; control of noise, the disposal of solid waste materials, and protection of deposits of historical or archaeological interest. a. Control of erosion and sedimentation due to construction activities. b. Solid waste disposal. c. Control of chemical waste. , d. Control of dust. - e. Control of noise. < . f. Protection of historical and cultural resources. g. Protection of roadways. ~ "~' B. Related Sections: "~ ~' 1. Section 02270 -Soil Erosion and Sedimentation Control ~; :~~_ 1.02 MEASUREMENT AND PAYMENT "~ ~ ..~.„ j A. Refer to Section 01225 -Measurement and Payment. 1. Storm water management is incidental to the "Storm Water Control Measures" item. All other items of this Section are incidental to the "Mobilization and General Project Administration" item, except where direct payment is otherwise provided. 1.03 SUBMITTALS A. Contractor's Storm Water Pollution Prevention Plan. B. Submit in accordance with Section 01330. 1.04 REFERENCES A. EPA (NPDES) - National Pollutant Discharge Elimination System (NPDES), Construction General Permit; current edition; http~//cfpub epa qov/npdes/stormwater/cgp.cfm. B. FHWA FLP-94-005 -Best Management Practices for Erosion and Sediment Control; Federal Highway Administration; 1995. ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01570 - 1 Howard R Green Company Project No. 191130) 1.05 NPDES PERMIT FY09 -Landfill Grading Project Iowa City and Recycling Center Iowa City, Iowa A. Contractor shall procure and pay for the required National Pollutant Discharge Elimination System (NPDES) General Permit Number 2 for "Storm Water Discharge Associated with Industrial Activity for Construction Activities". B. Provide all monitoring and test reporting relating to the discharges as required by the permit. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.01 GENERAL A. Employ and utilize environmental protection methods, obtain all necessary permits, and fully observe all local, state, and federal regulations. Contractor shall be responsible for any and all fines imposed by any regulatory agency due to the ~., Coptractors activities. 4~ -_$. L~n"~ Protection: -`' ~ 1 ~ Except for any work or storage area and access routes specifically assigned for the ~- ~ ~ arse of the Contractor, the land areas outside the limits of construction shall be ~r ~'~ -preserved in their present condition. Contractor shall confine his construction ~, ~~„ ~"" activities to areas defined for work within the Contract Documents. 2:- Manage and control all borrow areas, work or storage areas, access routes and ~- embankments to prevent sediment from entering nearby water or land adjacent to the work site. 3. Restore all disturbed areas including borrow and haul areas and establish permanent type of locally adaptable vegetative cover. Grade all disturbed areas to drain and prevent on-site ponding of water. 4. Unless earthwork is immediately paved or surfaced, protect all side slopes and backslopes immediately upon completion of final grading. 5. Plan and execute earthwork in a manner to minimize duration of exposure of unprotected soils. 6. Except for areas designated by the Contract Documents to be cleared and grubbed, the Contractor shall not deface, injure or destroy trees and vegetation, nor remove, cut, or disturb them without approval of the Engineer. Any damage caused by the Contractor' equipment or operations shall be restored as neatly as possible to its original condition at the Contractor's expense. ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01570 - 2 Howard R Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City and Recycling Center Iowa City, Iowa 3.02 EROSION AND SEDIMENTATION CONTROL A. Prepare a Storm Water Pollution Prevention Plan: 1. Submit copy to Engineer prior to start of site work. 2. Include: a. Site plan identifying soils and vegetation, existing erosion problems, and areas vulnerable to erosion due to topography, soils, vegetation, or drainage. b. Site plan showing grading; new improvements; temporary roads, traffic accesses, and other temporary construction; and proposed preventive measures. c. Where extensive areas of soil will be disturbed, include storm water flow and volume calculations, soil loss predictions, and proposed preventive measures. d. Schedule of temporary preventive measures, in relation to ground disturbing activities. e. Other information required by law. f. Format required by law is acceptable, provided any additional information specified is also included. -~ 3. Obtain the approval of the Plan by authorities having jurisdiction. µ,~ '~ 'y B. Erosion Protection: ''~' '~ 1. Utilize methods necessary to effectively prevent erosion and. control of,'~'~ sedimentation. Such methods may include but are not necessarily limited :t0 the~.N': following: ~:= ~ ~=- a. Retardation: Mechanically retard rate of runoff by construction of division ditches, terraces, and berms. Divert run off to protect drainage courses. b. Protect side and backslopes as soon as rough grading is complete by accelerated growth of permanent vegetation, temporary vegetation, mulching or netting. c. Where slopes are too steep for stabilization, use hydroseeding, mulching anchored in place, cover by anchored netting, sodding, or combination to prevent erosion. d. Remove temporary protection prior to final grading operations. C. Comply with all requirements of U.S. Environmental Protection Agency and Iowa Department of Natural Resources for erosion and sedimentation contro-. D. Best Management Practices Standard: Federal Highway Administration Best Management Practices for Erosion and Sediment Control. E. Develop and follow an Erosion and Sedimentation Prevention Plan and submit periodic inspection reports. F. Do not begin clearing, grading, or other work involving disturbance of ground surface cover until applicable permits have been obtained; furnish all documentation required to obtain applicable permits. ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01570 - 3 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City and Recycling Center Iowa City, Iowa 1. Obtain and pay for permits and provide security required by authority having jurisdiction. 2. Owner will withhold payment to Contractor equivalent to all fines resulting from non-compliance with applicable regulations. G. Timing: Put preventive measures in place as soon as possible after disturbance of surface cover and before precipitation occurs. H. Storm Water Runoff: Control increased storm water runoff due to disturbance of surface cover due to construction activities for this project. 1. Prevent runoff into storm and sanitary sewer systems, including open drainage channels, in excess of actual capacity or amount allowed by authorities having jurisdiction, whichever is less. 2. Anticipate runoff volume due to the most extreme short term and 24-hour rainfall events that might occur in 25 years. Erosion On Site: Minimize wind, water, and vehicular erosion of soil on project site due to construction activities for this project. 1. Control movement of sediment and soil from temporary stockpiles of soil. 2. Prevent development of ruts due to equipment and vehicular traffic. 3. If erosion occurs due to non-compliance with these requirements, restore eroded areas at no cost to Owner. .._.J. Erosion Off Site: Prevent erosion of soil and deposition of sediment on other ~~' prSperties caused by water leaving the project site due to construction activities for this a_ proivect. ~s ~ "f Prevent windblown soil from leaving the project site. € _ ~ ,'f~revent trackin of mud onto ublic roads outside site. --•~ 9 p .,.,,,„>; r~'Y~ 3.~ :.Prevent mud and sediment from flowing onto sidewalks and pavements. _ 4.- J~f erosion occurs due to non-com Hance with these re uirements, restore eroded ~'6"" - w: areas at no cost to Owner. p q K. Sedimentation of Waterways On Site: Prevent sedimentation of waterways on the project site, including rivers, streams, lakes, ponds, open drainage ways, storm sewers, and sanitary sewers. 1. If sedimentation occurs, install or correct preventive measures immediately at no cost to Owner; remove deposited sediments; comply with requirements of authorities having jurisdiction. 2. If sediment basins are used as temporary preventive measures, pump dry and remove deposited sediment after each storm. L. Sedimentation of Waterways Off Site: Prevent sedimentation of waterways off the project site, including rivers, streams, lakes, ponds, open drainage ways, storm sewers, and sanitary sewers. ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01570 - 4 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City and Recycling Center Iowa City, Iowa 1. If sedimentation occurs, install or correct preventive measures immediately at no cost to Owner; remove deposited sediments; comply with requirements of authorities having jurisdiction. M. Open Water: Prevent standing water that could become stagnant. N. Maintenance: Maintain temporary preventive measures until permanent measures have been established. 3.03 SOLID WASTE DISPOSAL A. Contractor Generated: 1. Collect solid waste on a daily basis. 2. Disposal of non-hazardous waste generated on-site is approved for disposal at the current active landfill working face. 3. Solid waste generated off-site shall not be brought onto or accepted at the site as part of this contract. B. Excavated: 1. Contractor shall place all excavated solid wastes on the working face: bf the landfill as directed by the Engineer. ~° ,. _ 3.04 CONTROL OF CHEMICAL WASTE ~ '_;_''. ~~ _. ,.~.. R ,.. ; „ A. Store and dispose of chemical wastes in a manner approved by regulatory-ag~encte~. :,, B. Take special measures to prevent chemicals, fuels, oils, greases, her~icides;~and insecticides from entering drainage ways. c'' C. Do not allow water used in on-site material processing, concrete curing, cleanup, and other waste waters to enter a drainage way(s) or stream. D. Spilled material and resulting contaminated soils shall be removed and disposed of in accordance with regulatory guidance E. Contractor to pay all regulatory and Owner incurred costs resulting from improper discharges and corrective actions. 3.05 CONTROL OF DUST A. The control of dust shall mean that no construction activity shall take place without applying all such reasonable measures as may be required to prevent particulate matter from becoming airborne so that it remains visible beyond the limits of construction. Reasonable measures may include paving, frequent road cleaning, planting vegetative groundcover, or application of water. ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01570 - 5 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City and Recycling Center Iowa City, Iowa B. Utilize methods and practices of construction to eliminate dust in full observance of agency regulations. C. The Engineer will determine the effectiveness of the dust control program and may request the Contractor to provide additional measures, at no additional cost to Owner. 3.06 PROTECTION OF AIR QUALITY A. Minimize air pollution by requiring use of properly operating combustion emission control devices on construction vehicles and equipment and encourage shutdown of motorized equipment not in use. B. Do not burn trash on construction site. 3.07 CONTROL OF NOISE A. Conduct operations to cause least annoyance to residents in vicinity of Work, and comply with applicable local ordinances. B. Equip compressors, hoists, and other apparatus with mechanical devices necessary to minimize noise and dust. Equip compressors with silencers on intake lines. C. Equip gasoline or oil-operated equipment with silencers or mufflers on intake and ._ exhaust lines. c;: .~ ~-~~fl. F~aSi~te vehicles carrying rock, soil or other material over such streets as will cause least ~w` ~~, ~rtnnyance to public and do not operate on public streets outside of times identified in ~~ ~ Section 01110, Summary of Work. •~.~- _, .. C,, .. °~3.08_.MISTbRICAL PROTECTION L~F . A. If during the course of construction, evidence of deposits of historical or archaeological interests are found, cease work affecting the find and notify Engineer. Do not disturb deposits until written notice from Engineer is given to proceed. 3.09 PROTECTION OF ROADWAYS A. Contractor is responsible for maintenance and restoration of public roads used for hauling of materials and equipment to the site. B. Contractor shall clean debris resulting from his operations from the haul roads on a daily basis, or as instructed by the Engineer. C. The Contractor shall not utilize local storm sewer inlets to wash and remove debris from the haul roads. ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01570 - 6 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City and Recycling Center Iowa City, Iowa D. All hauling operations on- and off-site shall be completed in a manner that minimizes deposition of litter and debris on adjacent roadways. 3.10 FUELS AND LUBRICANTS A. Comply with local, state and federal regulations concerning transportation and storage of fuels and lubricants. B. Fuel storage area and fuel equipment shall be approved by Engineer prior to installation. Submit containment provisions to Engineer for approval. C. Report spills or leaks from fueling equipment or construction equipment to Engineer and cleanup as required. D. Engineer may require Contractor to remove damaged or leaking equipment from Project site. 3.11 COMPLETION OF WORK A. Upon completion of work, leave area in a clean, natural looking condition ' B. Remove all signs of temporary construction and activities incidental to construction o~`;~ required permanent work. _ -'=- 6'~ -~ ..~ END OF SECTION ;_ ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01570 - 7 Howard R Green Company Project No. 191130) SECTION 01722 SURVEYING PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Field surveying requirements. B. Owner will employ and pay for surveying services. FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa 1.02 MEASUREMENT AND PAYMENT .. a A. Refer to Section 01225 -Measurement and Payment. - ._ °° '"' 1. Coordination of surveying by Contractor is incidental to the "Mobilizatio~n~ and";,u;.. _ _ .,~ General Project Administration" item. < < 1.03 GENERAL f, p- ~~ .. A. Contractor shall provide and update a schedule for construction staking~n a wkly basis. B. Surveying services for this project will be provided to the Contractor for the duration of Contract. The Contractor shall provide an advanced seventy-two (72) hour notification to the Engineer for surveying services. Contractor shall promptly notify Engineer of any discrepancies identified. C. Contractor is responsible for requesting and directing all layout work associated with this project in a timely and responsible fashion. The inability of the Contractor to successfully direct and utilize the Owner furnished surveyor shall not be a cause for additional compensation. D. Costs of excessive surveyor re-staking due to Contractor negligence shall be deducted from the Contractor's final pay request. E. Survey data will be made available in electronic format, AutoCad, most recent version, 1.04 PRIMARY CONTROL MONUMENT A. Benchmarks to establish primary vertical horizontal control for Work are indicated on Drawings. B. Protect and maintain primary control monuments shown on Drawings throughout Project area. SURVEYING 01722 - 1 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa C. If marked corners and monuments are damaged by Contractor, replace by Registered Land Surveyor at Contractor's expense. PART 2 PRODUCTS 2.01 SURVEYOR A. Surveyor shall be employed and paid for by Owner. PART 3 EXECUTION 3.01 GENERAL A. All survey data shall use same control datum as that established in the Contract Drawings. B. Primary line and grade will be provided and established by Owner's surveyor by means of stakes placed at site of Work. C. Owner's surveyor will spot survey changes required during construction for record documentation. 3.02 SURVEY REQUIREMENTS w..A. Construction surveying as coordinated by Contractor. c.. ter. "~B. ~iii~l as-built topographic survey (2-foot contour intervals) of all areas disturbed in the cgristruction, including stockpiles. ~,~~.03~O~UM,ENTATION OF QUANTITIES ~.~ ~°~~' A. It is,Contractor's responsibility to coordinate with Owner's surveyor to determine which iterrts of the Work must be surveyed to determine final quantities and to provide data ` that is complete and in 3-dimensional electronic format useable for volume calculations. END OF SECTION SURVEYING 01722 - 2 Howard R Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01780 CONTRACT CLOSEOUT PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Description of procedures to be followed and related work required to accomplish an orderly transfer of Project deliverables from the Contractor to the Owner. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 -Measurement and Payment. 1. Work of this Section is incidental to the "Mobilization and General Project Administration" item, except where direct payment is otherwise provided. 1.03 DEFINITIONS ~ , -= '~~~ i ,.~ A. Punch List: The stated qualification accompanying either the Engineer's Certificate of ~,V;,.~ Substantial Completion or the Certificate of Final Payment, or any list of cbr~.,~tructgn ,,~~q,,, items found to be deficient or incomplete through review of the Work by E~tj~tneerand ''_ ~-% communicated in writing to Contractor at any time during the Contract Perics"d. ~~ -~ -:: 1.04 SUBMITTALS A. Substantial Completion: 1. Contractor to notify Engineer that the Contractor considers the Work as a whole to be in Substantial Completion and request for a Substantial Completion inspection. 2. Record Documents. 3. Certificates of Inspection and Occupancy if required in local jurisdiction. 4. A list of work not to be considered for Substantial Completion. B. Final Completion: 1. Contractor to notify Engineer that the Contractor considers the entire Work to have progressed to final completion. 2. Final completion submittals; a. All Iowa sales/use taxes; b. Waivers of liens from all Subcontractors and suppliers; c. Evidence of payments. d. Final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. CONTRACT CLOSEOUT 01780 - 1 Howard R Green Company Project No. 191130) PART 2 PRODUCTS (Not Used) PART 3 EXECUTION FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa 3.01 SUBSTANTIAL COMPLETION, ADJUSTMENT AND RELEASE OF RETAINAGE A. When the Work is found to be in a state of Substantial Completion with stated qualifications: 1. Engineer: Determine the value of the punch list work using either the Project approved schedule of values or other method at his discretion. 2. Retainage shall not be reduced to less than five (5) percent of the Contract Amount. B. No partial payments of the retainage will be allowed. 3.03 INSPECTION FOR FINAL ACCEPTANCE AND PAYMENT A. When the items of Work on the Punch List(s) have been completed, and Contractor considers the Work of the entire Project is complete, he shall submit written certification that: 1. Contract Documents have been reviewed. 2. Work has been inspected for compliance with Contract Documents. 3. Work has been completed in accordance with Contract Documents. _ 4. Equipment and systems have been tested in the presence of Owner's c: ~ representative and are operational. _. ~:~ '=111/ork is completed and ready for final inspection. `"`B. ~., fir ngrneer and Owner will make an inspection with the Contractor to verify the status of ~"'', cnrripletion within 5 calendar days after receipt of such certification. '; ~:..: -~ =C. Should Engineer consider that the Work is incomplete or defective: s` 1. >~:ngineer: Notify the Contractor in writing within 5 calendar days, listing the incomplete or defective work. 2. Contractor: Remedy the stated deficiencies, and send a second written certification to Engineer that the Work is complete. 3. Engineer will reinspect the Work. D. When Engineer finds the Work acceptable in accordance with the Contract Documents: Engineer requests Contractor to make closeout submittals. E. Reinspection costs and/or additional survey costs incurred by the Engineer/Owner will be deducted by the Owner from the final payment to the Contractor. CONTRACT CLOSEOUT 01780 - 2 Howard R Green Company Project No. 191130) 3.04 FINAL APPLICATION FOR PAYMENT A. Prior to submitting final application for payment: 1. Complete demobilization. 2. Submit record drawings to Engineer. FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa B. Submit final application for payment in accordance with procedures and requirements stated in the Conditions of the Contract. C. Engineer will review application and recommend payment within 5 calendar days of receipt of application. END OF SECTION ~R` .,,~, ., ~ -.:.o,:.. ~- ~~~~i ~ _ ~ .. --~ ~.~ CONTRACT CLOSEOUT 01780 - 3 Division 02 SITE CONSTRUCTION ~..1:-~ Howard R Green Company Project No. 191130) SECTION 02232 SITE PREPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Site clearing and grubbing 2. Stripping and stockpiling of topsoil. 3. Protection of utilities and other structures. FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa B. Related Sections: 1. Section 02270 -Soil Erosion and Sediment Control. 2. Section 02311 -Mass Excavation, Backfill, and Compaction. - ' 1.02 MEASUREMENT AND PAYMENT = W na. .~ Y_... A. Refer to Section 01225 -Measurement and Payment. ~ --- 4- -:~ ~,~_ CJ `^` 1.03 GENERAL '~ ""' A. The area impacted by the work shall be cleared of all trees, shrubs, pavii~, and objectionable materials which may interfere with the execution of the proposed Work. Trees and shrubs which will not interfere with construction shall be protected from damage by construction of tree barricades. 6. Standard clearing and grubbing shall consist of the complete removal and disposal of all trees, shrubs, timber, brush, stumps, roots, grass, weeds, rubbish, and other obstructions resting on or protruding through the surface of the existing ground and the surface of excavated areas. 1.04 PROTECTION A. Preserve and protect groundwater monitoring wells, water wells, and other monitoring devices. Replace damaged or destroyed wells at Contractor's expense. B. Protect and maintain monitoring points, benchmarks, monuments or other established reference points and property corners. If disturbed or destroyed, replace at own expense to full satisfaction of Owner. C. The Contractor shall maintain all erosion and siltation control devices and measures in a functional condition at all times. SITE PREPARATION 02232 - 1 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa D. Existing Utilities 1. Before starting operations in any area in the vicinity of utility facilities, the Contractor shall notify each utility of any operation which may affect their facilities. Such notice shall be provided to each utility sufficiently in advance of such operations to allow the utility time to mark the location of, relocate, adjust, or otherwise protect their facilities. The Contractor shall reach an agreement with each utility on appropriate action necessary to protect or relocate the utility facilities. The cost of such action to protect the facilities, except for locates, shall be borne by the Contractor. The One-Call System (Iowa: 1-800-292-8989) shall be utilized for locates for those utilities which subscribe to this service. 2. Conduct operations so that necessary clearances are maintained and said utility facilities are protected. Comply with all local, state, and federal, or other regulations in performing work near utility facilities. 3. Should the Contractor damage any of the utility facilities during Contractor's operations or determine the work cannot be performed safely, the Contractor shall immediately notify the utility involved and cease work until arrangements are made to prevent further damage or a serious accident. Any and all damage, including disruption of service, to any utility facility resulting from Contractor's operation will be repaired by the utility; the cost of said repairs and service disruption shall be borne by the Contractor. 4. Failure of the Contractor to provide timely notice to the utility or to conduct his operations in such manner that proper clearances are maintained and the utility facilities are protected at all times will be ground for the issuance of a Stop Work Order. 5. Notify Engineer of unexpected subsurface conditions and discontinue work in area until Engineer provides notification to resume work. ~; E. ,, j~~ctric Power Easement: Construction will occur under and near existing 345,000 dbT?t overhead electric line easement. These electric lines are energized and ~== ' dccidental contact can cause serious injury or even death. Maintain proper safety a -- ~cl~arances at all times. MidAmerican Energy Company, Davenport, IA 563/333-8186 ~~ ~'~~ ~r<:mm ~~ PART 2 P({QDUCTS (Not Used) SITE PREPARATION 02232 - 2 Howard R Green Company Project No. 191130) PART 3 EXECUTION 3.02 SITE CLEARING FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. Topsoil Removal: applies to all on-site areas of construction as required within the limits of construction. 1. Remove and stockpile topsoil encountered in clearing and earthwork operations. a. Separate from underlying subsoil or objectionable material. Material that contains excessive amounts of objectionable material such as trash or tree roots, as determined by the Engineer, shall be disposed of in the landfill as directed by landfill staff. 2. Stockpile topsoil as indicated on Drawings and where directed by Engineer. a. Construct storage piles to freely drain surface water. B. Clearing and Grubbing: 1. Clear from within limits of construction all trees not marked to remain. a. Include shrubs, brush, downed timber, rotten wood, heavy growth of grass and weeds, vines, rubbish, structures and debris. 2. Grub (remove) from within limits of construction all stumps, roots, root mats, logs and debris encountered to a depth of 18 inches. 3. Fill all depressions caused by clearing and grubbing operations with ~a~proved'>soil material unless further excavation or earthwork is indicated. C. Disposal of Materials: ; =:-~ 1. Clean organic matter such as timber, stumps, brush, roots and grassesresult~g from clearing and grubbing shall be disposed of at an on-site locations; clire~ed ,,.. ~ .. by landfill staff. ~`~~ / `~ - ~= a. Root balls and stumps over 36" diameter shall be placed in the larj~fill stump pile. b. Brush and limbs shall be placed at the landfill compost area. c. Salvaged road rock shall be stockpiled in the designated area east of the compost operation. 2. Organic matter containing unacceptable amounts of trash and/or rubbish shall be disposed of at the current active landfill tipping face. 3. Paved roads used by landfill staff and the public shall not be used for hauling on- site materials. All on-site hauling of materials shall be coordinated with landfill personnel. END OF SECTION ,. ,. j .:,k .j ,~..: SITE PREPARATION 02232 - 3 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02270 SOIL EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Material and installation standards for erosion and sediment control features. a. Silt fence. b. Mulch B. Related Sections 1. Section 01570 -Environmental Protection and Special Controls 2.. Section 02232 -Site Preparation. 3. Section 02311 -Mass Excavation, Backfill, and Compaction. _.. C. Contractor is responsible for all erosion control during construction activities. E-~osionw z ___ control measures described in this Section and on the Drawings arm .ihterlded to1~r,~ provide a minimum standard for materials and installation practices anct do not`.r~liev~.T Contractor's responsibilities in complying with his own Storm V1Fate~ PQU,utior~,~J Prevention Plan and NPDES Permit. -" `"" ° --~ ~~ %~ .. 1.02 MEASUREMENT AND PAYMENT - r~ r~ A. Refer to Section 01225 -Measurement and Payment. 1.03 DESCRIPTION A. Work consists of constructing and maintaining erosion control features shown on the plans or as directed. B. Installation of temporary erosion control features shall be coordinated with construction of permanent erosion control features to the extent necessary to ensure economical, effective and continuous control of erosion and water pollution throughout the life of the contract. C. Contractor shall prevent transmission of soil particles into waterways. Except as necessary for construction, excavated material shall not be deposited into a position close enough to be washed in waterways by high water or runoff. The contractor shall not disturb lands or waters outside the limits of construction, except as authorized. SOIL EROSION AND SEDIMENT CONTROL 02270 - 1 Howard R Green Company Project No. 191130) 1.04 QUALITY ASSURANCE FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. Referenced Standards: 1. Erosion control standards: "Standards and Specifications for Soil Erosion and Sediment Control in Developing Areas" by the U.S. Department of Agriculture, Soil Conservation Service, College Park, Maryland. PART 2 PRODUCTS 2.01 MATERIALS A. Silt Fence 1. Wire-support, 14-gauge min.,Max. wire spacing of 6 inches. 2. 36 inches in height min. 3. Steel posts installed a minimum of 2 feet in the ground. 4. Geotextile fabric: Polypropylene resistant to common soil chemicals, mildew, and insects; non-biodegradable; in longest lengths possible. B. Temporary Mulch 1. Straw or hay. 2. As approved by the Engineer PAI~I3 EXECUTION ~, r~-..>3.01„~NS~'A'LLATION .. C<~ ~ ~ ~-~~'' ~A. S.lt~-Fence: ~,` ~'~' 1:: '.Furnish and install according to the Drawings, or as directed by the Engineer. ~"..~ ~, ,:~ * , 6. M u Ici~ 1. Apply to slopes and excavated areas as needed for temporary erosion control, as approved by Engineer. Anchor with disc. 2. Dry Straw and Hay: Apply 2 tons per acre; anchor using dull disc harrow. 3.02 DURING CONSTRUCTION PERIOD A. Maintain erosion and sediment control features. 1. Inspect regularly especially after rainstorms. 2. Repair or replace damaged or missing items. B. After rough grading, temporarily mulch all exposed earth areas not draining into sediment basin or trap. SOIL EROSION AND SEDIMENT CONTROL 02270 - 2 Howard R Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa C. Provide necessary swales and dikes to control erosion. D. Do not disturb existing off-site vegetation (grass and trees). E. Excavate sediment out of basins and traps when capacity has been reduced by 50 percent. END OF SECTION SOIL EROSION AND SEDIMENT CONTROL 02270 - 3 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02311 MASS EXCAVATION, BACKFILLING 8~ COMPACTION PART 1 GENERAL 1.01 SUMMARY A. Section includes: 1. General excavation, backfilling, stockpiling, and grading. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 -Measurement and Payment. 1.03 REFERENCES A. Iowa Department of Transportation "Standard Specifications for High~tGay and ".Bridge Construction," latest edition and current supplements thereto. ~ ~;; ' r,: M ,, .3 ,~. 1.04 QUALITY ASSURANCE _~. ,_, ~ . ~~ ., - a A. Owner will provide for personnel on-site to test materials and monitor compli~,~ce nth the requirements of these Specifications. "' ~`-~ -'= 1. Contractor will afford these representatives access to the jo~y> site €~' the performance of their duties as described in the Contract Documents. '"'" 1.05 PROJECT/SITE CONDITIONS A. Field Measurements. Verify that survey benchmark and intended elevations for the Work are as shown on Drawings. B. Project Record Documents 1. Accurately record actual locations of utilities remaining, by horizontal dimensions, elevations or inverts, and slope gradients. C. Regulatory Requirements 1. Conform to applicable city, county, state and federal codes for disposal of debris, and use of herbicides. MASS EXCAVATION, BACKFILLING & COMPACTION 02311 - 1 Howard R. Green Company Project No. 191130) PART 2 PRODUCTS 2.01 MATERIALS FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa A. Suitable Materials: Structural fill, controlled fill, and earth fill shall be clean, fine earth, rock, or sand, free from grass, roots, brush, or other vegetation, lumps larger than 6 inches (150 mm), rocks larger than 3 inches (75 mm), and debris. B. Unsuitable Material. Unsuitable soils for fill material shall include soils which, when classified under ASTM D2487, fall in the classifications of PT, OH, CH, MH, OL or organics. In addition, any soil which cannot be compacted sufficiently to achieve the percentage of maximum density specified for the intended use shall be classified as unsuitable material. If Contractor's operations at the site cause soils to become unsuitable, then the cost of reestablishing suitable bearing conditions shall be at the expense of the Contractor. PART 3 EXECUTION 3.01 GENERAL A. Protect existing structures and utilities and clear and grub in accordance with Section -- 02232. c; ~7. ,x,;,3.02' ``~ ~~~~ GRADING a.. ~„6 ~" .A. t1ti~~ormly grade areas to smooth surface, free from irregular surface changes. .y=.-- r~. Cat~ply with compaction requirements and grade to cross-sections, lines, and R ~ el~uations indicated. 1_.y ~~:. Provide smooth transition between existing adjacent grades and new grades. `~ 2. ~~? Cut out soft spots, fill low spots, and trim high spots to conform to required surface tolerances. B. Fill settled areas where excavations or trenches were backfifled and holes made by demolition, tree removal, and site preparation work. C. Slope grades to direct water away from structures and to prevent ponding to required elevation tolerances. Provide temporary drainage facilities to prevent damage when necessary to interrupt natural drainage or flow of artificial drains. D. Apply necessary moisture to the construction area and haul roads to prevent the spread of dust. MASS EXCAVATION, BACKFILLING & COMPACTION 02311 - 2 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa 3.03 EXCAVATION A. Excavate within limits of Project to lines, grades, and elevations shown on Drawings or as indicated by Engineer. B. Segregate excavated materials into suitable fill, topsoil, and other. C. Transport excavated materials to designated stockpile and maintain segregation of materials at stockpile. 3.04 DEWATERING A. Groundwater may be encountered while excavating. B. Do all work in dry conditions; obtain the Engineer's approval of proposed methods of dewatering. C. Prevent surface water from flowing into excavations; promptly remove;; any vv~ter accumulated. .. _ . ~~_~ D. Maintain dewatering operations to prevent groundwater from exceeding elevations ~fiflwn ,'°~, on Drawings until construction work has been completed to level indicated:..; ;'-- == E. Do not pump water to existing sanitary sewers or onto adjacent property without approval ~~~ of the Engineer and adjacent property owner. '' ~~ F. Dewatering shall not be paid for as a separate pay item, but shall be considered incidental to the project. G. Methods used shall not cause settlement or damage to adjacent property. 3.05 CONFLICT WITH EXISTING UTILITIES AND SERVICES A. All cables, conduit, and pipe exposed during construction will be secured in such a manner that no deflection or sagging occurs during or after construction. All backfill shall be natural earth materials excluding rocks, foreign materials, or other abrasive materials that maybe injurious to the cables. B. Compact backfill under existing utility crossing to ninety-five per cent (95%) maximum density; moisture content not less than two percent (2%) below optimum or more than three percent (3%) above optimum moisture content. C. Drain the repair: 1. Notify the Engineer promptly when drain the are encountered during excavation; note location of tile; promptly repair all drain the damaged during construction. 2. Replace drain the with length of ductile iron pipe as specified for sanitary sewers or MASS EXCAVATION, BACKFILLING & COMPACTION 02311 - 3 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa helically corrugated steel pipe with standard galvanizing coating extending at least twelve inches (12") into undisturbed earth on each side or trench. 3. Diameter of replacement piping greater than or equal to existing the diameter. 4. Install steel or reinforced concrete support beams as required and subject to the Engineer's review. 5. Connect to existing pipe with manufactured pipe adapter, coupling or six inches (6") thick by twelve inches (12") long concrete collar. 6. Compact backfill under drain the repair toninety-five percent (95%) maximum density for distance equal to trench depth each side of drain tile. 7. Leave repair exposed for inspection by the Engineer. 3.06 DISPOSAL OF MATERIAL A. Dispose of debris, large stones, rocks, roots, and organic materials as directed by Engineer. 3.07 FIELD QUALITY CONTROL A. Tolerances: 1. 0.5 horizontal and 0.2 feet vertical unless otherwise approved in writing by Engineer. 2. Maximum allowable variation from design elevation in 1 in. in 10 ft. 3. Degree of finish shall be ordinarily obtainable from either blade-grader or scraper operations, except as otherwise specified. 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OC yv=~~ ~Orrv Vo .~ ~D_~B nOC VS=~ ~ ~P~~°~ yoy Ox~o 3V ~ ~ Z ~ $g K ~j`°~ ornc Vf a° av °O ~o°N° F"r •.'`o_.u_ "J $, ». «~ox o . yy c~ o E ~K+ 3 ~~• ~ c~`~R O~ ~L~c oc.4~ `b'a°a~ as .Eai z° ° r.` E~'c°~ °~°°un~'2~='~ ~ W b_E &cc-° ~" 'cc y ~a` ° -o o~ ~ 3 'E''`44 ~!R 8~9 pp yy W Svusso i c ~~-o~ ~~~a ~c o:oo gin o~o° z°o°`v c°>o'~««`o ~ ~' o~ra a8~o~ r` 'a._EH' o i~Hm °<oo~~ ~ C~x i ovC~ ~ ~~L a ~X € _ N .; ~ ~; W V o ~N~zp~ O QO~~V~i~UZ 3 J~ OZ Z Z F U ~ZOIaJ~~~L~ oNa o ~~~~~Z Q ~i~~WO rrU pt K6.UZ~u~ i~~° C~ ~ ~ ~W~~N~N N 3 W W ~ ~ U O O~cFjwaz~ O U~~aZS~~~ ~~~w NFO~ ~ ~ a~ JO ~ N ~< w O O Z Z w UO_U =Fp~ U Z ~ ~9~~ ~~~~ 0 7Z~9k' °oc~~ = o ~Z QFQ N ~ U J W W maa K Z~W °z~i~ ~~~0 N~ p ~ ~o~ a~a~ ~UUO w w w m ~ a ~ vwi J Z o~~~ ?pa vaizZZCO ~oz~t5 ~030~ O ¢ ~vi0 ~Yn O mJa R'JJ W Z~ ~W{Q.~~~ O N~ ~U~"-w {yU~yQW'mO O Q ~~ w V W ~j ~p O~Z ~N~1=-- Z~ 7 U m O pN O N U<~10-nOU 8~~W 0 w ~ ri ri v vi o' n m o m 0 w E 1O ~ O o i ~ O O O O N ~ O ~ N ~ ~- o N M U m O ~ W 3 ~ ~ ~ o~~~ Publish 8/5 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE FY09 LANDFILL GRADING PROJECT AT THE IOWA CITY LANDFILL AND RECYCLING CENTER TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the FY09 -Landfill Grading Project in said city at 7:00 p.m. on the 18th day of August, 2009, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of .contract and estimated cost are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications,•contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK ~~,~_°~__ 3e(31 Prepared by: Dan Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 09-243 RESOLUTION SETTING A PUBLIC HEARING ON AUGUST 18, 2009, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY09 LANDFILL GRADING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 18th day of August, 2009, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 28th day of ~u~.y .: 2009. ATTEST: ~.~~, ~ .>~~'~~~.t% C1-~~~ERK Approved ~~ /~ .~f d, /c1~11/ JZ'~ L ~T~K rG~1~ City Attorney's Office 7/ ~~~~~.~ Pweng\res\LandfillGrandi ng09. doc Resolution No. Page ~ 09-243 It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic.doc ADVERTISEMENT FOR BIDS FY09 -LANDFILL GRADING PROJECT AT THE IOWA CITY LANDFILL AND RECYCLING CENTER Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 8th day of September, 2009. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 15th day of September, 2009, or at a special meeting called for that purpose. The Project will involve the following: Landfill grading project at the Iowa City Landfill and Recycling Center. Project includes topsoil stripping, mass excavation, and stockpiling. This work is in preparation for future landfill cell construction that will be completed under a separate contract. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 8710 Earhart Lane S.W., P.O. Box 9009, Cedar Rapids, IA 52409-9009, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Date: February 3, 2010. Liquidated Damages: $1,000 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Howard R. Green Company, 8710 Earhart Lane S.W., P.O. Box 9009, Cedar Rapids, IA 52409-9009, by bona fide bidders. A $50.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Howard R. Green Company. A pre-bid conference will be held at 9:00 a.m. on September 1, 2009 at the landfill site. Attendance at the pre-bid conference is recommended but not required. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK --~ ~ 08-18-09 ~ t T.;~? 7 Prepared by: Dan Scott, Project Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. o9-2s7 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY09 LANDFILL GRADING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:30 a.m. on the 8T" day of September, 2009. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 15th day of September, 2009, or at a special meeting called for that purpose. Passed and approved this ~ nth day of ATTEST: '~C ~~ CITY LERK pweng\res\09grading.doc 20 0 C A prov/ed by (~ Cd ll ~~J'-~Z~7Zt~~~~'LZ City Attorney's Office Resolution No. 09-287 Page ~ It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: ~_ x _~____ X ~_ X ~- NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc Prepared by:Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 09-307 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY09 LANDFILL GRADING PROJECT. WHEREAS, Tom Kueter Construction, Inc. of Peosta, Iowa has submitted the lowest responsible bid of $1,082,004.50 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Tom Kueter Construction, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 15th day of September , 20 09 A App oved by ~ t~~~ ATTEST: CI ERK City Attorney's Office It was moved by ~Iayek and seconded by w, ~ bLrn the Resolution be adopted, and upon roll call there were: AYES: x x x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pweng\res\FY091andfil Igradingcon.doc 9/09 Printer's Fee $ f ~; ! { CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, nh OGE A S-urA-Q r '~ Iii ,being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper .time(s), on the following date(s): bd Legal Cle Subscribed and sworn to before me this i t~~i-` day of ~ ~ ~-- - A.D.20~. `. ,~ .._ ~- Notary Public e arac s~ LINDA KROTZ ~Gommission Number 732619 (Vy Commission Expires "`,•,~~~ J8^liary 27, 20 ~~ OFFICIAL PUBLICATION NOTICE OF PS EC F CATIONS, ON PLANS, FORM OF CONTRACT AND ESTIMATED COST FOR THE ~~ FILL GRADING PRO- ~ 'L_ I~AND- w(~.LLING CENTER TO ALL TAXPAYERS OF THE~r1'Y OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PER e0 that Public notice is hereby g the City Council of the City of ubl c City, Iowa, will conduct a p hearing on plans, specifications, form of contract and estimated cost Landfel GradingtProjectthn aYd city at 7:00 p.m. on the 18th day of August, 2009, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as post- ed by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the CitbeHnspect d by alnY Iowa, and may interested persons. Any interested persons may appear at said muet'OSe°oftmaking Council for the p P objections to and comments con- cerning said plans, specifications, contract or the cost of making said improvement. order of the This notice is given by City Council °frov ded byf law a City, Iowa and as p MARIAN K. KARR, CITY CLERK 78688 August 5, 2009 Printer's Fee $~ ~C; . (c~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SSa THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 Dia~n~, being duly sworn, say that I ain the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): r,~~ G ~ ~ . .?__ ~" ,~ ~, Legal Cl ', i Subscribed and sworn before me this -~~`` day of A..D. 20~. Notary Public p1zcF LINDA KRQTZ __.-~~ ~~' ~ ;mission Number i32~19~ °;r Commission Expires o is January 27, 2011 OFFICIAL PUBLICATION FY09 R kANDF NL GRADING pgQJECT IOW LA I L AND RECYCLING Sealed propos-31~will be received Cit hlowla, until 10 30 A.IM.oon~ he 8th day of September, 2009. Sealed proposals will be opened immedi- ately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopen the Cit pCounc'laba acted upon by Y meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 15th day of September, 2009, or at a special meeting called for that pur- pose. The Project will involve the follow- ing: Landfill grading project at the Iowa 4 City Landfill and Recycling Center. Project includes topsoil stripping, mass excavation, and stockpiling. This work is in preparation for future landfill cell construction that will be completed under a separate con- tract. All work is to be done in strict com- pliance with the plans and specifi- cations prepared by Howard R. Green Company, 8710 Earhart Lane S.W., P.O. Box 9009, Cedar Rapids, IA 52409-9009, which have heretofore been approved by the City Council, and are on file for pub- lic examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed .envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10 of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY.. IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfac- tory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds 4vill be returned after the can- vass and tabulation of bids is com- pleted and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred per- cent (100 %) of the contract price, said bond to be issued by a respon- sible surety approved by fhe City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and dam- ages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the +nair~tenance of the improve- ment for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Date: February 3, 2010. Liquidated Damages: $1,000 per day The plans, specifications and pro- posed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Copies of said plans and specifi- cations and form of proposal bianks may be secured at the Office of Howard R. Green Company. 8710 Earhart Lane S. W., P.O. Box 9009, Cedar Rapids, IA 52409-9009, by bona fide bidders. A $50.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Howard R. Green Company. A pre-bid conference will be held at 9:00 a.m. on September 1, 2009 at the landfill site. Attendance at the pre-bid conference is recommend- ed but not required. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the con- tract shall submit a list on the Form of Agreement of the proposed sub- contractors, together with quanti- ties, unit prices and extended dollar. amounts. By virtue of statutory authority, preference must be given to prod- ucts and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resi- dent bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 78760 August 25, 2009 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa FORM OF AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and_Tom_Kueter_Construction_Co_Inc ("Contractor"). Whereas the City has prepared certain plans, specifications, proposal and bid documents dated the _22_ day of _July , 2009_, for FY09 -Landfill Grading Project, Iowa City Landfill and Recycling Center ("Project"), and Whereas, said plans, specifications, proposal and bid documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: The City hereby accepts the attached proposal and bid documents of the Contractor for the Project, and for the sums listed therein. 2. This Agreement consists of the following component parts which are incorporated herein by reference: a. Addenda Numbers zero ; b. Drawings; c. Specifications as listed in the General Table of Contents of the Project Manual; d. Advertisement for Bids; e. Notice of Public Hearing; f. Note to Bidders; g. Restriction on Non-Resident Bidding on Non-Federal-Aid Projects; h. Contract Compliance Program (Anti-Discrimination Requirements); i. Instructions to Bidders; j. Form of Proposal and Bid Documents; k. Performance and Payment Bond; I. General Conditions; m. Supplementary Conditions; and n. This Instrument (Form of Agreement). The above components are deemed complementary and should be read together. In the event of a discrepancy or inconsistency, the more specific provision shall prevail. FORM OF AGREEMENT 00500 - 1 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa 3. The names of subcontractors approved by City, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): Thurn Seeding, Dubuque, Iowa 4. Payments are to be made to the Contractor in accordance with the Supplementary Conditions. DATED this 22nd day of -September , 2009_. ~~~ ATTEST: ~ City Clerk CONTRACTOR B ~ ~ mil ~~ (Title) Christopher Kueter, President ATTEST: Titled Mary Kueter, Secretary (Company Official) Appr ed By: _~ <9~ ~ ~, City Attorney's Office FORM OF AGREEMENT 00500 - 2 Howard R. Green Company FY09 -Landfill Grading Project Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa PERFORMANCE AND PAYMENT BOND Tom Kueter Construction, Inc. , 10943 Cedar Ridge Ct., Peosta, IA 52068 , as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and United Fire & Casualty Company 118 2nd Ave. SE, Cedar Rapids, IA 52407 as Surety, hereinafter (insert the legal title of the Surety) called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, In the amount Of One Million Eighty-Two Thousand and Four Dollars and 58/100 Dollars ($1,082,004.58 )for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of (date) Agreement with Owner for the FY09 -Landfill Grading Project; and . entered into a written WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by Howard R. Green Company, which Agreement is by reference made a part hereof, and the agreed-upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon PERFORMANCE & PAYMENT BOND 00610 - 1 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph}, sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of two (2) years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontractors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS 17th DAY OF September X 2009 IN THE PRESENCE OF: ess To Kueter Construction, Inc t ~~ ~ (Principal) (Title) lld f~re-i~S~s~lty.~omp,~ny ~~ Witness (Surety) Attorney- in- Fact _ (Title) 500 Iowa St. _ (Street) PERFORMANCE & PAYMENT BOND 00610 - 2 Howard R. Green Company Project No. 191130) FY09 -Landfill Grading Project Iowa City Landfill and Recycling Center Iowa City, Iowa Dubuque, IA 52001 (City, State, Zip) 563) 556-5441 (Phone) PERFORMANCE & PAYMENT BOND 00610 - 3 UNITED FIRE 8r CASUALTY COMPANY HOME OFFICE -CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company -See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of .Iowa, does make, constitute and appoint DAVID FRITZ, OR DIANA K. HEDRICK, OR KEITH M. SINDBERG, OR CHARLES J. ANDRACCHIO, OR OLIVIA R. SCHMITT, OR KEVIN L. EHRLICH, OR JODI STEVENS, OR LAURA WEISKIRCHER, ALL INDIVIDUALLY of DUBUQUE IA its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature as follows: Any and Al 1 Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directcrs of the Company on April 18, 1973. "Article V -Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by ~~~~•~~`~r~cT'~,,' its vice president and its corporate seal to be hereto affixed this 8th day of September, 2009 x n ~, _-`'~4 cflnro~tArE °~;' UNITED FIRE & CASUALTY COMPANY z -~- z~~ State of Iowa, County of Linn, ss: Vice President On 8th day of September, 2009, before me personalty came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. i Mary A. Jansen p ~~ Iowa Notarial Seal T11~~ Commission number p,,,,, 713273 My Commission Expires Notary Public ~oizsno l; the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attarney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect ..~~""""~+a, In testimon whereof I h e hereunto subscribed my name and affixed the corporate seal of the said. Company `~~~~s's'a`.~`,~,,.o; this ~_ day of ~ 20 ~ ?$ co~roeArF ~~ _` -•- z~= -.r~ Fa ~, ''``~'~ ~r~ii;°+ °~1`` Secretary BPOA00190706 Printer's Fee $ ~~.~~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-.0330670 I, ~ D~ Si,~JArRT'~_ ,being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ ,time(s), on the following date(s): ti, 31, ~ o !h T'' Legal Cle Subscribed and sworn o before me this day of A.D. 20 lO Notar Public ~prxc a LINDA KR07Z ~. Commission Number 732619 • ~ My Commission Expires ova January 27, 2011 OFFICIAL PUBLICATION MUNICIPAL SOLID WASTE SANI- TARY LANDFILL PUBLIC NOTICE Public Notice Number: 52-SDP-01- 72-1 Notice Date : 3-31-2010 The Iowa Department of Natural Resources has made a preliminary determination to approve an appli- cation for a postpermit modification request to authorize expansion of the Iowa City Landfill and Recycling Center by construction of Stage 1 of Cell FY09. The horizontal expan- sion is an approximately 14 acre addition on the west side of the existing cells. The current request includes a change in liner type from some previous cells, from an approved clay-only alternative liner to a composite liner with an HDPE membrane over a clay liner. The request is from the City of Iowa City for the Iowa City Landfill and Recycling Center located at 3900 Hebl Avenue SW, Iowa City, Iowa 52240; and which is authorized to accept municipal solid waste from households and businesses from the following service area: All cities and the unincorporated areas in Johnson County and the cities of Kalona and Riverside in Washington County. Iowa Department of Natural Resources staff contact: Matt Phoenix, P.E. Iowa Department of Natural Resources Land Quality Bureau 502 East 9th Street, Des Moines, IA 50319-0034 Phone: 515-281-8974 Fax: 515-281-8895 A copy of the full notice with instruc- tions for submitting written com- ments or to request a public hear- ing, and a draft of the Department's preliminary determination are avail- able for review on the Department's Web site at http://www. iowad nr.gov/waste/land- fills/publicnotice.html and will be mailed to an interested person upon request to the Department staff con- tact. 80804 March 31, 2010 ' Printer's Fee $_= CERTIFICATE OF PUBLICATION STATE OF IOWA, 'JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~bl~F-2 ~wAi~c-Z- being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ .time(s), on the following date(s): ~rt~J t+~~r~ .~ I , ~ d 10 Legal Cler Subscribed and sworn to b ore me this ' day of A.13. 20 !_ - Public LINDA KROTZ `~`~ ~~ q~~ Commission Number 732619 0 ~~°'~~ ~ My Commission Expires • ow- January 27, 2011 OFFICIAL PUBLICATION PUBLIC NOTICE REGARDING THE REISSUANCE OR POST- PERMIT MODIFICATION OF A MUNICIPAL SOLID WASTE SANI- TARY LANDFILL PERMIT Public Notice Number: 52-SDP-Ot- 72-1 Public Notice Issuance Date: 3-31- 2010 Last Day to Submit Comments: 4- 29-2010 Name and Address of Applicant: City of Iowa City Owner Name Richard A. Fosse, P.E., Director of Public Works Ad ress 410 East Washington Street Citv. State. Zio Iowa City, Iowa 52240 I andfill Name Iowa City Landfill and Recycling Center 3900 Hebl Avenue SW city State Zio Iowa City, Iowa 52240 BRIEF DESCRIPTION OF FACILI- TYThe Iowa Department of Natural Resources (Department) has received a postpermit modification request from the City of Iowa City (Permittee) for the Iowa City Landfill and Recycling Center (Facility), a municipal solid waste sanitary land- fill originally permitted by the Department in 1972. The Facility is classified as a municipal solid waste sanitary landfill authorized to accept municipal solid waste from house- holds and businesses from the fol- lowing service area: All cities and the unincorporated areas in Johnson County and the cities of Kalona and Riverside in Washington County. Iowa Department of Natural Resources staff contact: Matt Phoenix, P.E. Iowa Department of Natural Resources Land Quality Bureau 502 East 9th Street, Des Moines, IA 50319-0034 Phone: 515-281-8974 Fax:515-281-8895 NOTICE The Department has received a postpermit modification request from the Permittee to authorize expansion of the landfill by con- struction of Stage 1 of Cell FY09. The horizontal expansion is an approximately 14 acre addition on the west side of the existing cells. The current request Includes a change in liner type from some pre- vious cells, from an approved clay- only alternative liner to a composite liner with an HDPE membrane over a clay liner. After review of application materi- als, the Department has made a preliminary determination to approve the postpermit modification request. The Department has developed a draft determination. A copy of the determination will be mailed to an interested person upon request to the Department staff con- tact and the information is also available for review on the Department's Web site at http://www.iowadn r.gov/waste/land- fills/publicnotice.html. Copies of the Department's draft determination may also be reviewed at the Department's Regional Field Office #6 located at 1023 West Madison, Washington, IA 52353 at phone number (319) 653-2135. The file with regard to the Facility is avail- able for inspection between the hours of 8:00 a.m. and 4:30 p.m. at .the Department's Records Center at 502 E. 9th Street, Des Moines, Iowa 50319-0034. The Department Records Center will make copies from the file upon request. There is a charge for copy orders. To arrange a time to review the file or to request information regarding charges for copies contact the Department Records Center at (515) 242-5816. The procedures that the Department will .follow with regard to this permit application or postper- mit modification request are set forth in Iowa Administrative Code 567 Chapter 113. A copy of this rule chapter is available on http://www.legis.state. ia.us/IAC.htm I and by requests directed to the Department. The Department strongly recommends that interest- ed persons review th chapter. COMMENTS SOLICITE~ By this Notice, interested persons are invited to submit written and signed comments to the Department regarding this notice. To ensure consideration, comments must be received by the last day to submit comments identified above, and should include the following: A. A statement of the person's inter- est in the Department's draft •deter- minalion; B. A statement of the action the per- son wishes the Department to take, including specific references to sec- tions of the request that the person believes should be changed; and C. The reasons supporting the per- son's position, stated with sufficient specificity as to allow the Department to investigate the mer- its of the person's positions. Any submissions should display the public notice number next to the address on the envelope and on each page of any submitted com- ments, and include a return mailing address and telephone number. The Department will consider all comments received during the com- ment period and may modify the draft determination based on those comments. Comments received by the Department in response to this notice will be made part of the pub- lic record with regard to this permit. The responsiveness summary to public comments received will be mailed to each commenter at the address on their comment submit- tal, and may also be viewed at the Department's Records Center at 502 E. 9th Street, Des Moines, Iowa 50319-0034. The public record files for facilities will be available for inspection at the Records Center between the hours of 8:00 a.m. and 4:30 p.m. The Department Records Center will make copies from the file upon request. There is a charge for copy orders. The public is directed to contact the Department Records Center at (515) 242-5818 to arrange a time to review the file or to request information regarding charges for copies. REQUESTS FOR PUBLIC HEARING The applicant, any interested agency, person or group of persons may request or petition for a public hearing with respect to the Department's preliminary determi- nation to approve or deny an appli- cation or postpermit modification request. Any such request sh; clearly state issues and topics to t addressed at the hearing. Any sur request or petition for public hearir must be filed with the departure within 30 days following the date the public notice and shall indica the interest of the party filing sw request and the reasons why hearing is warranted. The depa ment shall hold an informal ar noncontested case hearing if the is a significant public intere (including the filing of requests petitions for such hearing) in hol ing such a hearing. Frivolous insubstantial requests for hearir may be denied by the departmenl 80805 March 31, 20' Printer's Fee $ ~ C1. i G1 • CERTIFICATE OF PUBLICATION STATE OF IOWA, ~' JOHNSON COUNTY, S5: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, 4 n r~-Q SuJ A-,KT'~~- ~~, being duly sworn, say that I am, the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper f .time(s), on the following date(s): Legal Cle Subsc ' ed and sworn to before me this ~`l`~ day of A.D. 20 ~ Q y Public ,,,.~` LINDA KROTZ a° ~ Commission Number 732619 My Commission Expires • ar• ,' •Janua 27, 2011 OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE LANDFILL FY09 STAGE 1 CELL ~IiE"fOVPAZ9T~CANDFILL AND RECYCLING CENTER TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Landfill FY09 Stage 1 Cell Construction Project in said city at 7:00 p.m. on the 10th day of May, 2010, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 ~. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments con cerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK 80390 May 4, 2010 Printer's Fee $ CERTIFICATE OF PUBLICATION _ STATE OF IOWA, "~ JOHNSON COUNTY, SS: TIE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~DC~-t', ~c.•1~K-rZ ~i'an~-Be~i~irla, being duly sworn, say that I am, the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ • ,time(s), oan the following date(s): ~~ ~~y2o ~D Legal C k Subscribed and sworn to before me this ~ ~/~ day of A.D.20 /Q LINDA KROTZ o a 'y Public ~~t e ;~ Commission Number 732619 • My Commission Expires or~- ~Janua 27,2011 OFFICIAL PUBLICATION ADVERTISEMENT FOR BIDS LANDFILL FY09 STAGE 1 CELL CONSTRUCTION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 10:30 A.M. on the 8th day of June, 2010. Sealed pro- posals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at its next regular meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 15th day of June, 2010, or at a special meeting called for that purpose. The Project will involve the follow- ing: 625,000 cubic yards of excavation, 700,000 square feet of HDPE liner, 3500 feet of HDPE Pipe, 1200 feet of Concrete Pipe, 70 acres of seed- ing and other related landfill cell construction work. All work is to be done in strict com- pliance with the plans and specifi- cations prepared by Howard R. Green Company, 8710 Earhart Lane SW, Cedar Rapids, Iowa, 52409, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful per- formance of the contract and main- tenance of said Project, if required, pursuant to the provisions of this notice and the other contract docu- ments. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred per- cent (100 %) of the contract price, said bond to be issued by a respon- sible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guar- antee the maintenance of the improvement for a period of two (2) years from and after its com-pletion and formal acceptance by the City. The following limitations shall apply to this Project: Completion Date: August 5, 2011 Liquidated Damages: $3000 per day The plans, specifications and pro- posed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Howard R. Green Company, 8710 Earhart Lane SW, PO Box 9009, Cedar Rapids, Iowa, 52409- 9009, by bona fide bidders. A $100 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The tee shall be in the form of a check, made payable to Howard R. Green Company. A pre-bid conference will be held at 9:00 am on May 26, 2010 at the landfill site. Attendance at the pre- bid conference is highly encour- aged but not required. Prospective bidders are advised that the City of Iowa City desires to employ minority contrac-tors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the con- tract shall submit a list on the Form of Agreement of the proposed sub- contractors, together with quanti- ties, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documenta- tion of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Developmerit at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal pro- duced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the con- tractwith respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 80416 May 14, 2010 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa ADDENDUM #1 May 17, 2010 FY09 -STAGE 1 CELL CONSTRUCTION IOWA CITY LANDFILL AND RECYCLING CENTER, IOWA CITY, IA BID DATE: PLACE TO FILE FOR PROJECT BIDS TO ALL PLANHOLDERS: Tuesday, June 8, 2010 -10:30 a.m. Local Time City of Iowa City, Iowa Attn: City Clerk 410 East Washington Street Iowa City, Iowa 52240-1826 The following changes, additions, and/or deletions are hereby made a part of the Contract Documents for the above referenced project, as fully and completely as if the same were fully set forth therein. All Bidders submitting a Bid on the above Contract shall carefully read this Addendum and give it consideration in the preparation of their Bid. BIDDING AND CONTRACT REQUIREMENTS _~ 1. FORM OF PROPOSAL ~~ `~' -.-~ .-~W .~: A. Replace Form of Proposal in its entirety with revised version (attached _-,r -'` ~~,- Ynv SPECIFICATIONS ~ ~ = • ~ ~ ..w «,,.' 1. SECTION 01010 -SUMMARY OF WORK c.'~ A. Paragraph 1.08, Sequence of Construction, add the following subparagraph: "D. Proposed sequence of construction shall include prompt completion of the landfill gas odor mitigation portion of the contract. All Work associated with landfill gas odor mitigation shall be complete and turned over to Owner for operation within 90 days of Notice to Proceed." 2. SECTION 01225 -MEASUREMENT AND PAYMENT A. Replace Measurement and Payment section in its entirety with revised version (attached). 3. SECTION 02216 -GAS EXTRACTION WELLS A. Add new section in its entirety (attached). ADDENDUM #1 1 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 4. SECTION 02629 -PLASTIC PIPING AND APPURTENANCES A. Paragraph 1.01 A, add the following subparagraph: "4. HDPE piping for landfill gas collection." B. Paragraph 2.02 B, add the following subparagraphs: "6. Provide one valve wrench for each valve. 7. Use: leachate flow control." C. Paragraph 2.02 C, replace with the following: "C. Gate Valves 1. Non-rising stem gate valves, flanged connections (ANSI). 2. Rated for full vacuum service. 3. Hand wheel operated 4. ASHAI American Type P PVC gate valve with FKM seals, or equal. 5. Use: landfill gas flow control." D. Paragraph 2.02 D, replace with the following: "D. Butterfly Valves 1. Wafer style. 2. PVC disc and body, FKM seat and seal. 3. Provide gear operated 2 piece stem extension and epoxy coated steel housing. 4. ASHAI American, or equal. 5. Use: landfill gas flow control on buried header" E. Paragraph 3.05 A.1, replace with the following: "1. Not required on leachate or groundwater piping located in or under landfill cell." C DRAWINGS ~ C::~, - ~-, --- ,,Ty_~ 1. SHEET 1, INDEX AND COVER SHEET ~;~~~ ~--~ .<„,,~ A. Add the following to the Sheet Index: ___~ ~.,~== L~ ~,.~~ "21-23 Addendum #1" ~ `_~ ~~" ~ o~~ 2. SHEET 2, LEGEND AND ESTIMATED PROJECT QUANTITIES A. Following item 73 of the Estimated Project Quantities, add the following: "Estimated project quantities are continued on Sheet 21, Addendum #1." ADDENDUM #1 2 Howard R. Green Company Project No. 191130) 3. SHEET 12, PIPING AND STRUCTURE SCHEDULES FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa A. For the notes corresponding to structure LM-9, delete the word "concrete" and replace with "HDPE". B. Add listing of structure directly .below the listing for LM-9 as follows: "LM-10 E2512005.94 Leachate NIA NIA Remove Existing " N604263.25 Manhole Concrete Manhole 4. SHEETS 21 - 23 A. Add the following sheets (attached) to the Drawings titled: 21 ADDENDUM #1 LFG ODOR MITIGATION PLAN 22 ADDENDUM #1 DETAILS 23 ADDENDUM #1 DETAILS I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. Date: ~" ~,7 fib.? ! J . SCHARF, P.E. t . Li se No. 11786 My renewal date is December 31, 2011 Pages or sheets covered by this seal: Entire Addendum . _....jy;., w,. BIDDER SHALL ACKNOWLEDGE RECEIPT AND ACCEPTANCE OF THIS ADDENDUM AS PROVIDED ON BID FORM. \\HRGCRNAS\pATA1PROJ1191130J\FY09_BIDDING\FY09-STAGE_'11AUDENDAIADDM#1-051710.1C_FY09. DOC ADDENDUM #1 n _~ C`~~ ~~ i~ Cry `'''.~`~` 3 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa FORM OF PROPOSAL FY09 -STAGE 1 CELL CONSTRUCTION IOWA CITY LANDFILL AND RECYCLING CENTER CITY OF IOWA CITY NOTICE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE PROJECT MANUAL. SEPARATE COPIES OF THIS PROPOSAL ARE CONTAINED WITHIN THE BACK COVER OF THIS DOCUMENT. Name of Bidder Address of Bidder TO: City of Iowa City, Iowa Attn: City Clerk 410 East Washington Street Iowa City, IA 52240-1826 The undersigned bidder submits herewith bid security in the amount of ~ , in accordance with the terms set forth in the Project Manual. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the Project as described in the Contract Documents, including Addenda ,and ,and to do all work at the prices set forth herein. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work. Bidder will complete the Work in accordance with the Contract Documents for the following prices: FORM OF PROPOSAL -ADDENDUM #1 4'...+sp ~J 1~~~ ,.mot ,e ~ ~ (~,., ~ ~f; YY -: _ °~, ` ; ~o41z~~~ {~ ~~~ Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa Item Estimated No. Description of Work Unit Quantity Unit Price Total Mobilization and General Project 1 Administration LS 1 $ $ 2 Site Safety Plan Implementation LS 1 $ $ 3 Excavation CY 624,700 $ $ Drainage Sand 4 (Groundwater Collection Layer) CY 12,100 $ $ 5 Road Gravel Stripping and Stockpiling CY 1,100 $ $ 6 Compacted Clay Liner CY 94,900 $ $ 7 HDPE 60-mil Geomembrane (smooth) SF 463,700 $ $ 8 HDPE 60-mil Geomembrane (textured) SF 207,500 $ $ 9 Geonet/Geotextile Composite SF 682,000 $ $ 10 Geotextile SY 6,400 $ $ Coarse Drainage Stone 11 (Leachate Collection) CY 8,000 $ $ Tire Derived Aggregate 12 (Leachate Collection) CY 61,800 $ $ HDPE Pipe, SDR-17, 4" Dia., 13 Perforated LF 20 $ $ 14 HDPE Pipe, SDR-17, 4" Dia., Solid LF 298 $ $ HDPE Pipe, SDR-17, 6" Dia., 15 Perforated LF 2,416 $ $ ~~ ~' ~ 16 HDPE Pipe, SDR-17, 6" Dia., Solid LF 603 $ $ ' "' °'~- ~~ ~ m ~. y. \ ` ~ FORM OF PROPOSAL-ADDENDUM 1 Q,,;E~12 -~ ' ~' ~1 .~ Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa Item No. Description of Work Unit Estimated Quantity Unit Price Total 17 HDPE Pipe, SDR-17, 8" Dia. Solid LF 36 $ $ HDPE Pipe, SDR-17, 10" Dia, 18 Perforated LF 1,390 $ $ 19 HDPE Pipe, SDR-17, 12" Dia., Solid LF 9 $ $ HDPE Pipe, SDR-17, 16" Dia. 20 (LP-1 /Secondary Sump Riser) LF 123 $ $ HDPE Double Wall Pipe, SDR-17, 21 12"x16" Dia. LF 1,013 $ $ Leachate Line Cleanout, HDPE 22 Two-Way Double Wall (12"x16" Dia.) EA 1 $ $ Bootless Pipe Penetration, 23 HDPE Fabrication EA 1 ~ $ $ Double Wall Manhole, 24 HDPE Fabrication EA 1 $ $ Valve Vault, HDPE Fabrication, 25 incl.12" Plug Valve EA 1 $ $ Leachate/Groundwater Head 26 Level Monitoring System LS 1 $ $ 27 Cleanout and Riser Access Covers EA 9 $ $ HDPE Leachate Manhole 28 Cut-Off Adjustments EA 6 $ $ 29 Concrete Leachate Manhole Removal EA 1 $ $ 30 Intake, RA-63 (IDOT) EA 3 $ $ `._ ~" Mr ,- ~_ ~ 31 Intake, Hickenbottom, 6" EA 1 $ $--.:`•` L" 32 PVC Pipe, SDR-35, 4" Dia,Perforated LF 2,454 $ .;~~''~~~" t o ."'°"/ ~~ - 33 PVC Pipe, SDR-35, 6" Dia, Perforated LF 2,213 $ $ ^~4 °' ~ '` r . .~~ ~~,.;'~ 34 PVC Pipe, SDR-35, 6" Dia., Solid LF 4,067 $ $ FORM OF PROPOSAL -ADDENDUM 1 00412 - 3 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa Item No. Description of Work Unit Estimated Quantity Unit Price Total 35 Concrete Pipe, RCP, 12" Dia. LF 71 $ $ 36 Concrete Pipe, RCP, 18" Dia. LF 285 $ $ 37 Concrete Pipe, RCP, 24" Dia. LF 45 $ $ 38 Concrete Pipe, RCP, 30" Dia. LF 540 $ $ 39 Concrete Pipe, RCP, 36" Dia. LF 273 $ $ 40 Concrete Flared End Section; 12" EA 1 $ $ 41 Concrete Flared End Section; 18" EA 4 $ $ 42 Concrete Flared End Section; 24" EA 2 $ $ 43 Concrete Flared End Section; 30" EA 3 $ $ 44 Concrete Flared End Section; 36" EA 2 $ $ 45 Detention Pond Control Structure EA 1 $ $ 46 Corrugated HDPE Pipe, 12" Dia. LF 85 $ $ 47 Corrugated HDPE Pipe, 24" Dia. LF 547 $ $ 48 Rip Rap - Class E Revetment CY 1,200 $ $ 49 Geogrid Reinforcement 5Y 17,500 $ $ -._ ~..; ',.~ Access Road Base Course - , ~ ~ " `~ . s 50 Macadam Stone CY 2,900 $ c ~. ° °~ Access Road Top Course - '~-• ;... ` - ~ h`r 6' ~~ r ~ ~~ 51 Class A Aggregate CY 2,900 $ ,$ ~ ~ a ~ ; ~~ ._ , `~ ~ ~ ~~ ~ ~ 52 Reclaimed Road Rock, Installation Only CY 1,900 $ $ - FOR M OF PROPOSAL -ADDENDUM 1 00412 - 4 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa Item No. Description of Work Unit Estimated Quantity Unit Price Total Select Waste Placement for Landfill 53 Cell Entrance and Operations Pad CY 5,000 $ $ 54 Storm Water Permit and Compliance LS 1 $ $ 55 Hay Bales LF 1,500 $ $ 56 Silt Fence LF 4,700 $ $ 57 Cleanout of Silt Fence LF 3,000 $ $ 58 Silt Fence Removal LF 3,000 $ $ 59 Erosion Control Lining SY 37,800 $ $ 60 Stabilization Seeding AC 10 $ $ 61 Stabilization Mulching AC 10 $ $ 62 Topsoil /Grading CY 2,600 $ $ Seeding /Fertilizing /Mulching 63 (Rural Mix} AC 66 $ $ Native Plant Seeding/Mulching 64 (NSM #1) AC 6 $ $ Native Plant Seeding/Mulching 65 {NSM #2) AC 2.5 $ $ Native Plant Seeding/Mulching 66 (NSM #3) AC 1.1 $ $ ~. Q Native Plant Seeding/Mulching '`'~ c^~'. `"' ` 67 (NSM #4) AC 2.5 $ ' 4 ~ ~ Native Plant Seeding/Mulching AC 12 1 $ .,~...,.' = ~ •.~,;,,~' $ ° ~ °° 68 (NSM #5) . . ~ ~ ~. ~ ~~`` Native Plant Seeding/Mulching ~` ~ o 69 (NSM #6) AC 0.2 $ $ ~~ ° 1 Water Level Control Structure - "° 70 Wetland Mitigation EA 2 $ $ FORM OF PROPOSAL -ADDENDUM 1 00412 - 5 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa Item No. Description of Work Unit Estimated Quantity Unit Price Total 71 Well Abandonments LF 129 $ $ 72 Well Modifications (Extensions) LF 155 $ $ Vertical Leachate Piezometers 73 (Existing Cells) EA 3 $ $ NOTE : ITEMS 74-85 ARE ADDRESSED IN ADD ENDUM #1 74 LFG Header Pipe, 10" SDR-17 HDPE LF 336 $ $ 75 LFG Header Pipe, 8" SDR-17 HDPE LF 2996 $ $ 76 LFG Header Pipe, 6" SDR-17 HDPE LF 241 $ $ 77 LFG Lateral Pipe, 4" SDR-17 HDPE LF 616 $ $ 78 Header Access Riser EA 9 $ ~ 79 Header Control Valve EA 2 $ $ 80 Gas Extraction Well LF 613 $ $ 81 Borehole Refusal/Abandonment LF 40 $ $ 82 Wellhead Assembly EA 16 $ $ 83 Drip Leg EA 1 ~ 84 Drip Leg with Vacuum Bypass EA 1 $ $ . ~^a `~`i 85 Road Crossing (Header Protection) EA 1 ~_ ~., . ='a BASE BID PRICE (SUM MATION OF BID ITEMS) $ ~_~4 • FORM OF PROPOSAL -ADDENDUM #1 00412 - 6 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa Supplemental Unit Prices: The following supplemental unit prices are not included in the Base Bid Price and will not be used to determine successful Bidder. Owner reserves the right to reject any supplemental unit prices if the prices are considered excessive or unreasonable. Items requiring supplemental unit prices are described in Section 01225, Measurement and Payment. No. Description of Work Estimated Unit Quantity Unit Price 1 Off-Site Disposal of Excess Soil 2 Drainage Sand (Leachate collection) 3 Foundation Soil Correction CY 10,000 $ CY 23,700 $ CY 1000 $ The names of those persons, firms, companies or other parties with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows: c.~' .i R^ ~ . ~.., f°"^ , ^.~ ~ ., ~.~~ NOTE: All subcontractors are subject to approval by City. FORM OF PROPOSAL -ADDENDUM 1 00412 - 7 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa The undersigned bidder certifies that this proposal is made in good faith, and without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the more specific shall prevail. Firm: Signature: Printed Name: Title: Address: Phone: Contact: a ~ _ y .ate.> ^~. ~ 1 z.. ' ` ~ ~.! ~ FORM OF PROPOSAL -ADDENDUM 1 00412 - 8 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City landfill and Recycling Center Iowa City, Iowa SECTION 01225 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 SUMMARY ~~ A. Section Includes: " =~ ~ =" ~ ~~T..~ 1. A lication for Pa ment. ~~~~~ `~-`"~ pp Y c~.,~ . ,t~.a .^ "t 4. 2. Retainage. `~" 1 `~ 3. Partial Payments. >k _._~~ -~-a „~j"~ 4. Final Payment. _ - -~ - 5. Change Orders. :` 6. Measurement and Payment -Unit Prices. - 1.02 SCOPE A. Payments to the Contractor shall be made on the basis of the Bid Schedule items as full and complete payment for furnishing all materials, labor, tools and equipment, and for performing all operations necessary to complete the Work included in the Contract Documents. Such compensation shall also include payment for any loss or damages arising directly or indirectly from Work, or from any discrepancies between the actual quantities of work and those shown in the Contract Documents, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance by the Owner. B. The amounts stated in the Bid Schedule shall include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation and hauling, bonds, permit fees, insurance, overhead and profit together with any and all other costs associated with the performance of the work required under this Contract. The Basis of Payment for an item at the price shown in the Bid Schedule shall be in accordance with its description as related to the work specified and shown on the Drawings. Unit prices where used will be applied to the actual quantities furnished and installed in conformance with the Contract Documents. C. The quotations on the Bid Schedule shall establish a total price for completing the Work in its entirety. Unless specifically noted as a bid item in the Bid Schedule, all other work which must be performed to complete the project shall be considered as "Incidental Work". Should the Contractor feel that the cost for any item of work has not been established by the Bid Schedule or Basis of Payment, he shall include the cost for that work in some other applicable bid item, so that his Proposal for the project does reflect his total price for completing the Work in its entirety. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 1 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa D. Defect Assessment: The Work, or portions of the Work, not conforming to specified requirements, shall be replaced. If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct an appropriate remedy or adjust payment. 1.03 APPLICATION FOR PAYMENT A. Contractor shall submit his Application for Payment to the Owner once each month. The dates to be determined at the Pre-Construction Meeting. B. The Application for Payment shall be made based on the Pay Request Form provided by the Owner. C. The Application for Payment shall be based on the valuation of the Work done, as well as, the materials and equipment not incorporated in the Work, but delivered and suitably stored at the site as of the last day of the preceding month. D. No payment will be made on account of materials and equipment stored at off-site locations without Owner's prior written approval to such payment. Such approval shall contain procedures to establish Owner's title to and protect the Owner's interest in the materials and equipment including insurance, designate a location for storage, and provide for protection and transportation to the site. Contractor shall submit such data substantiating his right to payment as Owner/Engineer may require. 1.04 RETAINAGE ._rA. To insurance the proper performance of the contract, Owner will retain five (5) "~' J~~-cent of the amount due the Contractor on account of progress payments. KB. ; Mainage will be retained by Owner until final payment. ~~a `11.05 ``PAR~~I~Ala. PAYMENT ~=. ~- ~_ ~= 9dl~thly payment estimates will be considered by Owner, and payment will be made ~.;~; ., p within thirty (30) days following approval by the Owner. ~.~ 1.06 FINAL PAYMENT A. When the Engineer has determined that the Work is acceptable under the Contract Documents and the Contract fully performed, the Contractor shall prepare and submit his final Application for Payment to the Engineer together with lien waivers, sales tax statements, and other required submittals. Final acceptance of the Work will be considered by the Owner and final payment will be made not earlier that 31 days following submittal of final Application for Payment. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 2 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City landfill and Recycling Center Iowa City, Iowa 1.07 CHANGE ORDERS A. If Owner desires a change in the Work, Engineer will notify Contractor and provide a written description, in the form of drawings or otherwise, of the change. B. Contractor shall promptly submit to Engineer in writing a firm proposal for changes in the Contract Sum and Contract Time, if any, resulting from the proposed change. C. Owner shall have 30 days or such time as may be agreed upon, in which to accept or reject Contractor's proposal after its submission, and Contractor shall not modify or withdraw the proposal during this period without Owner's consent. D. Contractor may also propose changes by submitting a request for chan ~a, to the Engineer and Owner, describing the proposed change and its full effect on t~ Work. Include a statement describing the reason for the change, and the effe~t"~on t~~,,., Contract Sum/Price and Contract Time with full documentation a a statement describing the effect on Work by Contractor. `_ ~ _~ ` ' ;~, °; ~ ~ ,' 1.08 MEASUREMENT AND PAYMENT (UNIT PRICES) t -- ry _ _ ," A. The quantities set forth in the Bid Schedule are estimates and have been prav+ided to establish a uniform basis for the comparison of bids. Owner reserves the right to increase or decrease the quantity of any class or portion of the work during the progress of construction in accordance with the terms of the Contract. 13. Unit prices are used as a means of computing the final figures for bid and Contract purposes, for periodic payments for work performed, for determining value of additions or deletions and wherever else reasonable. C. Quantities and measurements supplied or placed in the Work shall determine payment. Actual quantities, as determined by the Engineer, will determine payment. D. Unit prices shall be full compensation for items associated with the performance of the work required under this Contract. Each payment item includes everything necessary for a complete installation under that item, except materials or items for which direct payment is otherwise provided. E. Payment Items: 1. Mobilization and General Proiect Administration: a. Mobilization and general project administration activities, including but not limited to bonds, insurance, administration, scheduling, temporary facilities, movement of personnel, equipment, supplies and incidentals, and all other activities necessary to prepare and complete the Contract Work. Also includes all administration, management, and coordination items required MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 3 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa for the project except those items for which direct payment is otherwise provided. b. Progress payments for mobilization and general project administration shall be made as follows • When 5% of the original bid amount is earned, either 25% of the contract price for mobilization or 2.5% of the bid amount, whichever is less, may be paid. • When 10% of the original bid amount is earned, either 50% of the contract price for mobilization or 5% of the bid amount, whichever is less, may be paid. • The remaining amount for this item will be paid out proportionately over the duration of the Contract. 2. Site Safetv Plan Implementation: a. Includes development and implementation of a site safety plan specific for this landfill Work over the duration of the project in accordance with the Contract Documents. b. The lump sum price for this item will be paid out proportionately over the duration of the Contract. 3. Excavation: ~~; a. Includes excavation of both earth and waste material to proposed subgrade •- ` . elevations. Also includes conditioning, placing, and compacting fill for ~~.'„ =-~ } embankments and stockpiles, relocation and compaction of excavated ~.~ r ~<.~~ :~ ~`~ waste, application of soil cover over landfill waste, construction of terraces, ~~, ,~.: c~ ~~~ ._. berms, haul roads, access paths, and ditches, earthwork associated with "`"~" -- ~._.;,;a the wetland miti ation .,~~,,, g ,general grading, all in accordance with the Contract f ~ ~-~; Documents. Incidental items to this work include, but are not limited to; `'~" "" "° ~=~"~ clearin and rubbin removal of ve etation dewaterin sheetin o c::7 9 9 9; 9 9; 9, -- ~- shoring, and bracing; removal of existing culverts and other structures as cc n' specified; and management of leachate flow from existing landfill until connection to new landfill cell and piping system is allowed. b. Payment will be at the Contract unit price per cubic yard of excavation, defined as volume of earth and waste in its original space. Quantity is based on the estimated cut quantity. The quantity shown in the contract documents shall be the quantity for which payment is made. Overhaul will not be measured or paid for, but shall be considered incidental to excavation. 4. Road Gravel Stripping and Stockpiling: a. Includes stripping, hauling, and stockpiling of road gravel removed from the site road located in the proposed soil stockpile area. b. Payment will be at the Contract unit price per cubic yard as indicated in the contract documents. The existing gravel depth is estimated to be 1 ft. The MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 4 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa quantity of gravel stripping and stockpiling shown in the contract documents shall be the quantity for which payment is made. Overhaul will not be measured or paid for, but shall be considered incidental to excavation. 5. Drainage Sand (Groundwater Collection Laver): a. Includes furnishing and installing sand drainage layer for groundwater collection in accordance with the Contract Documents. Incidental items to this work include, but are not limited to; source testing and submittals, and dewatering. b. Payment for this item will be at the Contract unit price per cubic yard of installed material. The quantity shown in the contract documents shall be the quantity for which payment is made. 6. Compacted Clay Liner: a. Includes conditioning, placement, and compaction of clay liner material in accordance with the Contract Documents. Incidental items to this work include, but are not limited to; source testing and submittals, dewatering, moisture conditioning or drying as part of installation, and maintenance of installed material. Excavation and temporary stockpiling of the clay liner material is included in the "Excavation" item. --~ b. Payment will be at the Contract unit price per cubic yard of installed ~' material. The quantity shown in the contract documents shall be the ~ ~-°• rv_ °~ quantity for which payment is made. ~~. a rt ~ .~. - -~~,~' HDPE 60-mil Geomembrane (Smooth): ~` ' ~- a. Includes furnishing and installing smooth HDPE geomembrane liner in `r.~ __- '~ ~~~ accordance with the Contract Documents. Incidental items to this work ~,~, ~a`T include, but are not limited to; submittals, testing and QCB~A documentation. ~~ ~~:` b. Payment will be at the Contract unit price per square foot installed, as ~= ~ measured parallel to liner surface, including designed anchor trench N material and additional material at cell boundaries. 8. HDPE 60-mil Geomembrane (Textured): a. Includes furnishing and installing textured HDPE geomembrane in accordance with the Contract Documents. Incidental items to this work include, but are not limited to; submittals, testing, and QC&A documentation. b. Payment will be at the Contract unit price per square foot installed, as measured parallel to liner surface, including designed anchor trench material and additional material at cell boundaries. 9. Geonet/Geotextile Composite: a. Includes furnishing and installing Geonet/Geotextile composite (geocomposite} in accordance with the Contract Documents. Incidental items to this work include, but are not limited to; submittals, and testing. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 5 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa b. Payment will be at the Contract unit price per square foot installed, as measured parallel to liner surface, including designed anchor trench and additional material at cell boundaries. 10. Geotextile: a. Includes furnishing and installing geotextile in accordance with the Contract Documents. Incidental items to this work include, but are not limited to; submittals, and testing. This item includes geotextile installed as part of the cell separation berm and geotextile installed under all riprap. b. Payment for geotextile will be at the Contract unit price per square yard installed, as measured parallel to surface. 11. Coarse Drainage Stone (Leachate Collection): a. Includes furnishing and installing coarse drainage stone in accordance with the Contract Documents for use in trenches and sumps within the lined landfill cell. Incidental items to this work include, but are not limited to; source testing and submittals. b. Payment for this item will be at the Contract unit price per cubic yard of ~., installed material. The quantity shown in the contract documents shall be r:' the quantity for which payment is made. ~, ,, "K~' Tire Derived Aggregate (Leachate Collection): ~ ~ t ~` '-i'a>= a. Includes furnishing and installing tire derived aggregate layer in accordance ~ c, ~~` ~ with the Contract Documents for use in the lined landfill cell. Incidental ~ ~..~ items to this work include, but are not limited to; source testing and ~ ~ As w ;~~, ~~~ submittals. ~~ b. Payment for this item will be at the Contract unit price per cubic yard of N installed material. The quantity shown in the contract documents shall be the quantity for which payment is made. 13. HDPE Pipe, SDR-17, 4" Dia., Perforated: a. Item includes furnishing and installing HDPE pipe in accordance with the Contract Documents. Incidentals include but are not limited to; pipe jointing, fittings, and testing. Bedding rock for use inside the lined landfill cell is included under the "Coarse Drainage Stone" item. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 14. HDPE, SDR-17, 4" Dia., Solid: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; pipe jointing, fittings, and testing. Bedding rock for use inside the lined landfill cell is included under the "Coarse Drainage Stone" item. Note that pipe used for landfill gas odor mitigation is included as a separate item. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 6 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 15. HDPE, SDR-17 HDPE. 6" Dia., Perforated: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, pipe jointing and connections to other structures, fittings, and testing. Bedding rock for use inside the lined landfill cell is included under the "Coarse Drainage Stone" item. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 16. HDPE, SDR-17, 6" Dia., Solid: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, pipe jointing and connections to other structures, fittings, and testing. Bedding rock for use inside the lined landfill cell is included under the "Coarse Drainage Stone" item. Note that pipe used for landfill gas odor mitigation is included as a separate item. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 17. HDPE, SDR-17, 8" Dia., Solid: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, bedding, backfill, compaction, pipe jointing and connections to other structures, fittings, and testing. Note that pipe used for landfill gas odor mitigation is included as a separate item. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. _ ~ 18. HDPE, SDR-17, 10" Dia., Perforated: -r ~ .-- a. Item includes furnishing and installing pipe in accordance with the Contract ~.,."_. `-- _; ~-° ; Documents. Incidentals include but are not limited to; submittals, pipe r c„ -- .--- jointing and connections to other structures, fittings, and testing. Bedding c~ _3 ~,~ `~_ "~ _„ rock for use inside the lined landfill cell is included under the "Coarse ~ ~; r Drainage Stone" item. ~'~"'~ = tab. Payment for this item will be at the Contract unit price per linear foot of pipe t-x . ~.. r=~-~ installed. ~.: 19. HDPE, SDR-17, 12" Dia., Solid: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, pipe jointing and connections to other structures, fittings, and testing. Bedding MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 7 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa rock for use inside the lined landfill cell is included under the "Coarse Drainage Stone" item. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 20. HDPE Pipe, SDR -17, 16" Dia. (LP-1/Secondary Sump Riser): a. Item includes furnishing and installing HDPE fabricated structure in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, cutting and fabricating riser base on pipe, penetrations, pipe jointing, fittings, caps, flanges, and connecting hardware. Bedding rock for use inside the lined landfill cell is included under the "Coarse Drainage Stone" item. b. Payment for this item will be at the Contract unit price per linear foot of riser installed. 21. HDPE Double Wall Pipe, SDR-17 !12"x16" Dia.): a. Item includes furnishing and installing double wall pipe in accordance with ~' u-~ the Contract Documents. Incidentals include but are not limited to; • f submittals, excavation, bedding, backfill, compaction, pipe jointing and ~ _ ~. :..r connections to other structures, fittings, and testing. ~.~~!~ r. :~ `~„ b. Payment for this item will be at the Contract unit price per linear foot of a `'`` N c, e.. - double wall i e installed. P~P r Q ~~_- ~R22~-4 Leachate Line Cleanout. HDPE Fabrication: ~'~""° ~~= r-~ ° "~ a. Item includes furnishing and installing HDPE double wall fabricated -~ ~: structure (12"x16" dia) in accordance with the Contract Documents. "' Incidentals include but are not limited to; submittals, excavation, bedding, backfill, compaction, fittings, caps, flanges, connecting hardware, and testing. b. Payment for this item will be at the Contract unit price per each two-way, double wall Cleanout structure installed. 23. Bootless Pipe Penetration. HDPE Fabrication: a. Item includes furnishing and installing HDPE fabricated structure in accordance with the Contract Documents. Incidentals include but are not limited to; submittals and testing. b. Payment for this item will be at the Contract unit price per each bootless pipe penetration structure installed. 24. Double Wall Manhole. HDPE Fabrication: a. Item includes furnishing and installing HDPE fabricated structure in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, concrete anchor, backfill, compaction, fittings, caps, flanges, and connecting hardware. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 8 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City landfill and Recycling Center Iowa City, Iowa b. Payment for this item will be at the Contract unit price per each double wall manhole structure installed. 25. Valve Vault. HDPE Fabrication, Including 12" Plug Valve: a. Item includes furnishing and installing HDPE fabricated structure and valve in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, concrete anchor, backfill, compaction fittings, caps, flanges, connecting hardware, and testing. b. Payment for this item will be at the Contract unit price per each valve vault/ structure and valve installed. 26. Leachate and Groundwater Head Level Monitoring Systems: a. Item includes procurement and installation of three (3) liquid level monitoring systems and a controller in accordance with the Contract Documents. Item includes the complete, installed, operable system, but does not include HDPE containment pipe or cmp access cover for which payment is otherwise provided. Incidentals include but are not limited to; submittals, PVC transducer carrier pipe, fittings, mounting hardware, and testing. b. Payment for this item will be at the Contract lump sum price. 27. Cleanout and Riser Access Covers `y ,' a. Item includes furnishing and installing protective CMP covers over leachate ~~ ` ° -- and piezometer risers in accordance with the Contract Documents. `~" ~ Incidentals include but are not limited to; locking metal cap for CMP, airtight ~- - ~' cap for HDPE pipe, and concrete annulus plug. ~~~' "" -~ ° b. Payment for this item will be at the Contract unit price of each cleanout ~~-° t -_ cover installation. ,~ ,~ ~': 28:.:.' HDPE Leachate Manhole Cut-Off Adjustments: CJ a. Item includes adjustment to the existing HDPE leachate manhole structures in accordance with the Contract Documents. Incidentals include, but are not limited to; excavation (sheeting, shoring, bracing and dewatering as required), backfilling, compacting, and management of leachate flow from existing landfill until connection to new landfill cell is allowed. b. Payment for this item will be at the Contract unit price per each complete HDPE manhole cut-off adjustment. 29. Concrete Leachate Manhole Removal: a. Item includes excavation and removal of existing concrete leachate manhole and casting in accordance with the Contract Documents. Incidentals include, but are not limited to; excavation (sheeting, shoring, bracing and dewatering as required), backfilling, compacting, and temporary control and management of leachate flow in existing lines. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 9 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa Reconnection of HDPE pipe is included in the "Leachate Pipe, SDR-17 HDPE, 8" Dia., Solid" item. b. Payment for this item will be at the Contract unit price per each manhole removal. 30. Intake RA-63 (IDOT): a. Item includes furnishing and installing open ditch intake structure in accordance with IDOT standard RA-63, size B with RA-66A Type 3 grate, in accordance with the Contract Documents. Incidentals include, but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfilling, compacting. The discharge pipe from the structure is included under the "Concrete Pipe, RCP, 18" Dia." and "Concrete Flared End Section, 18"" items. b. Payment for this item will be at the Contract unit price per each RA-63 intake installed. 31. Intake Hickenbottom, 6": a. Item includes furnishing and installing perforated intake structure, 6 inch dia. Hickenbottom, in accordance with the Contract Documents. Incidentals include submittals and connection to discharge pipe. The discharge pipe is included under the "PVC Pipe, SDR-35, 6" Dia. Solid" item. b. Payment for this item will be at the Contract unit price per each Hickenbottom intake installed. 32. PVC Pipe, SDR-35, 4" Dia, Perforated: a. Item includes furnishing and installing pipe with geotextile sock in accordance with the Contract Documents. Incidentals include but are not ='- limited to; submittals, excavation (sheeting, shoring, bracing and `~ °~' ~- . . dewatering as required), bedding, backfill, compaction, pipe jointing and ~.~...' -~ ..._~ ~ connections to other structures, fittings, and testing. ~ c~ =-= j:~ b. Payment for this item will be at the Contract unit price per linear foot of pipe .,.~_ .~ds,~,. ~ ~'" ~-~ - installed. _ - ~~., • 3 PVC Pipe, SDR-35, 6" Dia Perforated: N -" , a. Item includes furnishing and installing pipe with geotextile sock in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, pipe jointing and connections to other structures, fittings, and testing. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 10 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa 34. PVC Pipe SDR-35 PVC, 6" Dia, Solid: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, pipe jointing and connections to other structures, fittings, and testing. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 35. Concrete Pipe, RCP, 12" Dia: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, pipe jointing and connections to other structures, fittings, and pipe ties. Flared end section is included as a separate pay item. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 36. Concrete Pipe, RCP, 18" Dia: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, pipe jointing and connections to other structures, fittings, and pipe ties. Flared end section is included as a separate pay item. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 37. Concrete Pipe, RCP, 24" Dia: a. Item includes furnishing and installing pipe in accordance with the Contract ~ Documents. Incidentals include but are not limited to; submittals, r ~- :~ : excavation (sheeting, shoring, bracing and dewatering as required), _ °~ -~ ~ i W bedding, backfill, compaction, pipe jointing and connections to other ~ ~, -. -- structures, fittings, and pipe ties. Flared end section is included as a ° ~a '"~`_ - - =~~ ~ ~~. separate pay item. _ _ . ~ `~' ~' ~~ b. Payment for this item will be at the Contract unit price per linear foot of pipe a,r.c "~.. ~"' ~' " 4 installed ~-, ± .> ~` . ~~ _~ ~`' 38. Concrete Pipe, RCP, 30" Dia: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, pipe jointing and connections to other MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 11 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa structures, fittings, and pipe ties. Flared end section is included as a separate pay item. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 39. Concrete Pipe, RCP. 36" Dia: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, pipe jointing and connections to other structures, fittings, and pipe ties. Flared end section is included as a separate pay item. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 40. Concrete Flared End Section, 12": a. Item includes furnishing and installing flared end section to pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, pipe jointing, and pipe ties. '" b. Payment for this item will be at the Contract unit price per each flared end ~`.' section installed. I ~, ~._.. ~ y..,j : Concrete Flared End Section, 18": t t ~ <;~ ~~` _ ~"`~`"~ ---''~ a. Item includes furnishing and installing flared end section to pipe in ,.,.t,:, accordance with the Contract Documents. Incidentals include but are not -' ~- `..~ y limited to; submittals, excavation (sheeting, shoring, bracing and %~v,~ ;~"' ~-'~'~ ' dewatering as required), bedding, backfill, compaction, pipe jointing, and ° ~' pipe ties. ~+ b. Payment for this item will be at the Contract unit price per each flared end section installed. 42. Concrete Flared End Section. 24": a. Item includes furnishing and installing flared end section to pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, pipe jointing, and pipe ties. b. Payment for this item will be at the Contract unit price per each flared end section installed. 43. Concrete Flared End Section, 30": a. Item includes furnishing and installing flared end section to pipe in accordance with the Contract Documents. Incidentals include but are not MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 12 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, pipe jointing, and pipe ties. b. Payment for this item will be at the Contract unit price per each flared end section installed. 44. Concrete Flared End Section, 36": a. Item includes furnishing and installing flared end section to pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, pipe jointing, and pipe ties. b. Payment for this item will be at the Contract unit price per each flared end section installed. 45. Detention Pond Control Structure: a. Item includes furnishing and installing detention pond control structure in accordance with the Contract Documents. Includes but is not limited to; 6 ft dia. concrete structure, concrete fillet, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill and compaction. The discharge pipe from the control structure is included under the "Concrete Pipe, RCP, 30" Dia" and "Concrete Flared End Section 30"" items. b. Payment for this item will be at the Contract unit price per each control structure installed. 46. Corrugated HDPE Pipe. 12" Dia.: ' ~-~ a. Item includes furnishing and installing pipe and accessories in accordance +:.,' - with the Contract Documents. Incidentals include but are not limited to; ~. _ == ~ ' submittals, excavation (sheeting, shoring, bracing and dewatering as ~,e ~ ~ ~-= required), bedding, backfill, compaction, pipe jointing, fittings, HDPE flared M. 4 ~ ~ '~-` end sections, inlet and outlet grates, and anti-seep diaphragms. "~°~ ~'~' .~,` ~. Payment for this item will be at the Contract unit price per linear foot of pipe installed. ~' 47~~ Corrugated HDPE Pipe, 24" Dia.: a. Item includes furnishing and installing pipe and accessories for surface water letdown structures in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, pipe jointing, fittings, HDPE flared end sections, perforated risers (including stone columns), inlet and outlet grates, and anti-seep diaphragms. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 13 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa 48. Rip Rap - Class E Revetment: a. Includes furnishing and installing rip rap in accordance with the Contract Documents. Geotextile for use under the rip rap is included in the "Geotextile" item. b. Payment for this item will be at the Contract unit price per cubic yard of installed material. The quantity shown in the contract documents shall be the quantity for which payment is made. 49. GeoQrid Reinforcement: a. Item includes furnishing and installing geogrid for reinforcement of the access road subgrade in accordance with the Contract Documents. Subbase compaction and preparation shall be incidental to the "Excavation" item. b. Payment for geogrid reinforcement will be at the Contract unit price per square yard installed, as measured parallel to surface. 50. Access Road Base Course -Macadam Stone: a. Includes furnishing and installing macadam stone for the access road in accordance with the Contract Documents. b. Payment for this item will be at the Contract unit price per cubic yard of installed material. The quantity shown in the contract documents shall be the quantity for which payment is made. 51. Access Road Top Course - Class A Crushed Stone a. Includes furnishing and installing crushed stone for the access road in accordance with the Contract Documents. b. Payment for this item will be at the Contract unit price per cubic yard of installed material. The quantity shown in the contract documents shall be the quantity for which payment is made. t ~, .. .• _~~; Reclaimed Road Rock. Installation Only' "'~ -'~ ~ `~~~ a. Includes loadin ~~,„,r -~ ~;~:~ g and hauling Owner furnished material from on-site e ~ <:. ~-, g,4~ stockpile and installing for traffic surface of landfill cell entrance, ramp, and ~` r:_~ ~- operation pad. ~' c~ ',~-~-? b. Payment for this item will be at the Contract unit price per cubic yard of "~'~' ~- '""" '~ installed material. The quantity shown in the contract documents shall be ~~~~..~ :~-= '-~~ `" the quantity for which payment is made. ~:, ~-~ -_ ~-~ 53. Select Waste Placement for Landfill Cell Entrance and Operations Pad' a. Includes loading and hauling Owner furnished select waste material from on-site stockpile and installing landfill cell entrance, ramp, and operation pad. Aggregate used for the traffic pad on top of the waste is included under the "Reclaimed Road Rock, Installation Only" item. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 14 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa b. Payment for this item will be at the Contract unit price per cubic yard of installed material. The quantity shown in the contract documents shall be the quantity for which payment is made. 54. Storm Water Permit and Compliance: a. Development, compliance, and implementation of the Storm Water Pollution Prevention Plan (SWPPP). This item includes but is not limited to, obtaining and paying for NPDES permit, administering SWPPP, monitoring, inspection and documentation. Also includes implementing all temporary erosion control measures deemed necessary to comply with the SWPPP. This item does not include erosion control materials or items for which direct payment is otherwise provided (i.e. bales, socks, silt fence, and mulch). b. Payment for this item will be at the Contract lump sum to be paid out proportionately over the duration of the Contract. 55. Hay Bales: a. Includes furnishing and installing hay bale barrier for erosion and sedimentation control in accordance with the Contract Documents. Also includes ongoing maintenance of the item. Upon approval of Engineer, filter socks may be substituted for hay bales at twice the linear footage as indicated on the Drawings. b. Payment for hay bale barrier will be the Contract unit price per linear foot of hay bale installed. Payment for filter sock, where substituted for hay bales, will be at Contract unit price per two linear feet of filter sock installed. 56. Silt Fence: ~` a. Includes furnishing and installing silt fence for erosion and sedimentation `:~' control in accordance with the Contract Documents. t..a,~ .`--= `.b: Payment for silt fence will be the Contract unit price per linear foot installed. ~ ~ ~ Y _..: ~~ ~~ 57-; ; Cleanout of Silt Fence: ~~~ ~ -.:.~ Includes removal of sediment and refuse from installed silt fence to :~-- =- ~ maintain effectiveness for erosion and sedimentation control. This includes ~~~°~=~ :~_ ~~~ ~ silt fence installed by Contractor and existing silt fence installed by others. ~' ~. Payment for cleanout of silt fence will be the Contract unit price per linear N foot of silt fence cleaned out. 58. Silt Fence Removal: a. Includes removal and disposal of silt fence from areas that have been permanently stabilized. Removal of silt fence which has failed or removal for staging of construction in areas that have not been permanently stabilized shall be incidental to the "Excavation" item. b. Payment for silt fence removal will be the Contract unit price per linear foot removed. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 15 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa 59. Erosion Control Linina: a. Includes furnishing and installing erosion control lining in accordance with the Contract Documents. Incidentals include, but are not limited to; submittals and anchoring devices. b. Payment for erosion control lining will be the Contract unit price per square yard installed. 60. Stabilization Seedina a. Includes furnishing and installing clean seed oats and annual rye to stabilize temporary soil slopes in accordance with the Contract Documents and as approved by Engineer. b. Payment for stabilization seeding will be the Contract unit price per acre installed. 61. Stabilization Mulching a. Includes furnishing and application of mulch to stabilize temporary soil slopes in accordance with the Contract Documents and as approved by Engineer. b. Payment for stabilization mulching will be the Contract unit price per acre installed. 62. Topsoil /Grading a. Includes spreading and final grading of topsoil as shown and specified in the Contract Documents. The source of the topsoil shall be existing stockpiles and topsoil that was stripped, stockpiled and paid for under the ~.r "Excavation" item. ?,m- _:_~. ~ ~ b. Payment for this item will be at the Contract unit price per cubic yard of `~°-- - a topsoil placed. ~~~ ~--, ~s~°'F3. Seeding/Fertilizer/Mulching (Rural Mix): `- ~-c-~ .w:t~~ a. Includes seeding, fertilizing, and mulching to grow final turf in accordance ~ ~` ~-~-r`r' ~ with the Contract Documents. Also includes specified maintenance and ~ ~ "}~-~ growth guarantee. Grass areas disturbed by the Contractor which are N "' outside the limits construction shall be restored at the Contractor's expense. This item does not include native plant seeding. b. Payment for this item will be at the Contract unit price per acre. 64. Native Plant Seeding/Mulching (NSM #1): a. Includes native plant seeding and mulching associated with the wetland mitigation project in accordance with the Contract Documents. Incidental items include, but are not limited to; seedbed preparation and application of herbicide. Grading of the mitigation area is provided in the "Excavation" item. Installation of erosion blanket is provided in the "Erosion Control Lining" item b. Payment for this item will be at the Contract unit price per acre. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 16 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa 65. Native Plant Seeding/Mulching (NSM #2): a. Includes native plant seeding and mulching associated with the wetland mitigation project in accordance with the Contract Documents. Incidental items include, but are not limited to; seedbed preparation and application of herbicide. Grading of the mitigation area is provided in the "Excavation" item. Installation of erosion blanket is provided in the "Erosion Control Lining" item b. Payment for this item will be at the Contract unit price per acre. 66. Native Plant Seeding/Mulching (NSM #3): a. Includes native plant seeding and mulching associated with the wetland mitigation project in accordance with the Contract Documents. Incidental items include, but are not limited to; seedbed preparation and application of herbicide. Grading of the mitigation area is provided in the "Excavation" item. Installation of erosion blanket is provided in the "Erosion Control Lining" item b. Payment for this item will be at the Contract unit price per acre. 67. Native Plant Seeding/Mulching (NSM #4): a. Includes native plant seeding and mulching associated with the wetland mitigation project in accordance with the Contract Documents. Incidental items include, but are not limited to; seedbed preparation and application of herbicide. Grading of the mitigation area is provided in the "Excavation" item. Installation of erosion blanket is provided in the "Erosion Control Lining" item b. Payment for this item will be at the Contract unit price per acre. ~:.~ 68; :Native Plant Seeding/Mulching (NSM #5): ._ a. Includes native plant seeding and mulching associated with the wetland ,p .__ ~ mitigation project in accordance with the Contract Documents. Incidental ~~~"' items include, but are not limited to; seedbed preparation and application of .,,,,...~ ~l ~_~.~ herbicide. Grading of the mitigation area is provided in the "Excavation" ;--- item. Installation of erosion blanket is provided in the "Erosion Control .'.:--~ ~ ~' ~ Lining" item ---b. Payment for this item will be at the Contract unit price per acre. N 69. Native Plant Seeding/Mulching (NSM #6): a. Includes native plant seeding and mulching associated with the wetland mitigation project in accordance with the Contract Documents. Incidental items include, but are not limited to; seedbed preparation and application of herbicide. Grading of the mitigation area is provided in the "Excavation" item. Installation of erosion blanket is provided in the "Erosion Control Lining" item b. Payment for this item will be at the Contract unit price per acre. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 17 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa 70. Water Level Control Structure -Wetland Mitigation a. Includes furnishing and installing water control structures associated with the wetland mitigation project in accordance with the Contract Documents. Installation of piping to the control structures is included in the "Corrugated HDPE Pipe, 12" Dia." item. b. Payment for this item will be at the Contract unit price for each water level control structure installed. 71. Well Abandonments: a. Includes proper abandonment of wells in accordance with the Contract Documents. Includes all labor and materials, excavation and backfill as needed, preparation of IDNR Form #542-1226 and submittal of form to the Engineer. b. Payment for this item will be at the Contract unit price per foot of well properly abandoned. 72. Well Modifications (Extensions): a. Includes protection and extension of existing monitoring wells to accommodate changes in grade in accordance with the Contract Documents. Includes all labor and materials, riser, protective casing, and 3 ft dia. by 4 ft deep concrete pad. b. Payment for this item will be at the Contract unit price per foot of well extension, as measured from existing top of casing. 73. Vertical Leachate Piezometer (Existing Cells)• a. Item includes furnishing and installing vertical leachate piezometers in ~+1 accordance with the Contract Documents. Includes all pipe, fittings, 1 ~- geotextile, and drainage aggregate as well as spare materials as may be ' `' ~- - :.' E specified. Incidentals include but are not limited to; submittals, excavation ~_° '' ~~ = (sheeting, shoring, bracing and dewatering as required), and backfill. c.'-, °- :'~- m.,:~,~, b. Payment for this item will be at the Contract unit price per each vertical ~~ ~"-c=' ~- r-- leachate iezometer installed. P~ ~~. ~,~ ~ ~~ ~, ~ LFG Header Pipe, 10" SDR-17 HDPE• N a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation, disposal of landfill spoils, bedding, backfill and placement of soil to reach proposed grade and/or minimum cover requirements, compaction, pipe jointing, connections to other structures, fittings, and testing. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 18 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa 75. LFG Header Pipe 8" SDR-17 HDPE: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation, disposal of landfill spoils, bedding, backfill and placement of soil to reach proposed grade and/or minimum cover requirements, compaction, pipe jointing, connections to other structures, fittings, and testing. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 76. LFG Pipe 6" SDR-17 HDPE: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation, disposal of landfill spoils, bedding, backfill and placement of soil to reach proposed grade and/or minimum cover requirements, compaction, pipe jointing, connections to other structures, fittings, and testing. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 77. LFG Lateral Pipe 4" SDR-17 HDPE: a. Item includes furnishing and installing pipe in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation, disposal of landfill spoils, bedding, backfill and placement of soil to reach proposed grade and/or minimum cover requirements, compaction, pipe jointing, connections to other structures, fittings, and testing. b. Payment for this item will be at the Contract unit price per linear foot of pipe installed. 78. Header Access Riser: a. Item includes furnishing and installing HDPE header access riser assembly in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation, disposal of landfill spoils, bedding, backfill ~~ and placement of soil to reach proposed grade and/or minimum cover ~~' ',,,. requirements, variable riser length to reach proposed grades, compaction, == pipe jointing, fittings, caps, flanges, connecting hardware, and testing. °~" -0 ~,:L 'lM~,~,~ b. Payment for this item will be at the Contract unit price per each riser -~- ~ installed. ~_- :~- ~~ ~~' Header Control Valve: ,~~ :._~ ~,~', , `-- a. Item includes furnishing and installing butterfly valve and two piece valve ~' -- stem and necessary extensions, casing, and operator, all in accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation, disposal of landfill spoils, bedding, backfill and placement of soil to reach proposed grade and/or minimum cover requirements, compaction, fittings, flanges, connecting hardware, and testing. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 19 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa b. Payment for this item will be at the Contract unit price per each control valve installed. 80. Gas Extraction Well: a. Item includes furnishing and installing landfill gas extraction wells in accordance with the Contract Documents. This includes all drilling and all materials installed from the bottom of the borehole to the top flange of the well casing. Incidentals include but are not limited to; submittals, disposal of landfill spoils, placement of soil to reach proposed grade, and access for the drill rig. The access path between wells is incidental to the Excavation item. Payment for the wellhead is under the Wellhead Assembly item. b. Payment for this item will be at the Contract unit price per vertical foot of well installed as measured from the final grade elevation to the bottom of the well casing (does not including pipe stick-up above grade or over-drill below the casing). 81. Borehole Refusal/Abandonment a. Item includes boreholes that are drilled but meet early refusal (due to obstructions) and well materials are not installed. Abandoned boreholes are to be backfilled with soil. b. Payment for this item will be at the Contract unit price per vertical foot of borehole abandoned. 82. Wellhead Assembly: a. Item includes furnishing and installing the wellhead assemblies in accordance with the Contract Documents. This includes all pipe, hose, i~,.y fittings, valves and hardware between the top flange of the gas well to the ~• lateral pipe from the header. Incidentals include but are not limited to; ,~`y~*~ -~ ~;~~:~~;:; submittals, pipe jointing, monitoring ports and thermometer, orifice plates __ ~ ~ _~ (including spares), and riser pipe that connects the unit to the lateral pipe. ~~" ~° -- b. Payment for this item will be at the Contract unit rice c7~+ `~°'`-•- p per each unit ~~-.. -- .~--~-~ installed. ~,."~~, ~~~ `W-$~ Drip Leq: -" a. Item includes furnishing and installing HDPE fabricated structure in t'~' accordance with the Contract Documents. Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, fittings, caps, flanges, and connecting hardware. b. Payment for this item will be at the Contract unit price per each structure installed. 84. Drip Leq With Vacuum Bypass~ a. Item includes furnishing and installing HDPE fabricated structure and control piping and valve in accordance with the Contract Documents. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 20 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa Incidentals include but are not limited to; submittals, excavation (sheeting, shoring, bracing and dewatering as required), bedding, backfill, compaction, fittings, caps, flanges, pipe jointing, monitoring ports, orifice plate, and connecting hardware. Payment for this item will be at the Contract unit price per each structure installed. 85. Road Crossing (Header Protection): a. Includes furnishing and installing CMP for gas header pipe to pass through at road crossings, including compacted bedding and granular backfill, in accordance with the Contract Documents. Incidentals include but are not limited to; "Gas Pipeline" marking signs and restoration of road gravel at crossing. b. Payment for this item will be at the Contract unit price per each CMP road crossing provided. F. Supplemental unit price items. 1. Offsite Disposal of Excess Soil a. This supplemental unit price item is included as a contingency in the event on-site stockpiling is not practical either due to excessive quantities, available on-site stockpile space, or unsuitable soils. Item includes Contractor taking ownership of soil, hauling and off-site disposal, as approved by Owner. b. If accepted by the Owner, payment for this item will be at the supplemental unit price per cubic yard of soil, as measured in-place. This supplemental unit cost is in addition to the "Excavation" item unit cost. ~; ~ 2. Drainage Sand (option for leachate collection laver): ,~ _ .. a. This supplemental unit price item is included in the event that sand is used for -.~~'_- _ all, or a portion of the leachate collection layer (in lieu tire derived aggregate). ~ ~ _ , ° Includes furnishing and installing a sand drainage layer for leachate ~.,~ ',_~ collection. Sand for leachate collection is described in Section 02062. p --~~~~ b. If accepted by the Owner, payment for this item will be at the supplemental ~~s ~ ~.;. _~- - .--.w unit price per cubic yard of installed material. Ww.:.:.,. ~~ f,~.1 " .... a ~=' Foundation Soil Correction: N a. This supplemental unit price item is included as a contingency in the event unsuitable soil is encountered at liner subgrade and Engineer determines that soil must be subcut and replaced with suitable soil to establish suitable bearing conditions. Soil correction is as outlined in Section 02311. Includes replacement of subcut soil with suitable soil and compaction. b. If accepted by the Owner, payment for this item will be at the supplemental unit price per cubic yard of soil, as measured in-place. This supplemental unit cost is in addition to the "Excavation" item unit cost. MEASUREMENT AND PAYMENT -ADDENDUM #1 01225 - 21 Howard R. Green Company Project No. 191130) PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION f "'3 Li °) " n ~ ~ ~ '.~_ .. _f ~ W~~:S~.. 1 ;s- R ~1 ..:.~ E~ r...~.,. ~ r::y ,~ .....~- ~.. „i. Ea „N, .a._ ~~ r--a C~~ ..._. r=, N MEASUREMENT AND PAYMENT -ADDENDUM #1 FY09 -Stage 1 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa 01225 - 22 Howard R Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02216 GAS EXTRACTION WELLS PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Drilling of bore holes. 2. Field measurements/observations during drilling. 3. Testing of materials. 4. Well installation. 5. Cleanup and restoration. B. Related Sections: --~- '=, 1. Section 02062 -Granular Drainage Material ~~"~ ~~~;, ~ ~, ~.,~..? 2. Section 02629 -Plastic Piping and Appurtances. :~- --_ ~~ ~~ 1.02 MEASUREMENT AND PAYMENT -'~`~ A. Refer to Section 01225 -Measurement and Payment `-a ~~' ~ __._ i... can 1.03 SUBMITTALS ~~'` A. Final boring logs for each well. B. Construction diagrams for each well. C. Laboratory testing results. 1.04 QUALITY ASSURANCE A. Work shall be supervised by professional experienced in installation of large diameter gas extraction wells. 1.05 PROJECT/SITE CONDITIONS A. Obstructions are sometimes encountered when drilling in a landfill, many of which can be drilled through. Contractor shall make reasonable effort to drill through obstructions. If approved in writing by the Engineer, Contractor will be paid for offset redrilling and boring abandonment. If off-set drilling is required, alternative location must be surveyed and the location reviewed by Engineer to verify appropriate depth of well prior to drilling. GAS EXTRACTION WELLS -ADDENDUM #1 02216 - 1 Howard R Green Company Project No. 191130) PART 2 PRODUCTS 2.01 PIPE FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa A. Gas Extraction Wells: 1. Well Pipe: 6 in. dia. nonperforated SDR-17 HDPE. 2. Well Screen: 6 in. dia. perforated SDR-17 HDPE pipe with perforated end cap. Pertorations to dimensions shown on Drawings. 3. Well Coupling: Butt fused 4. Extend well pipe to a minimum height necessary for installation of the wellhead assembly above the final grade, as indicated in the drawings. Provide temporary cap and install immediately after well completion. 2.02 FILTER AGGREGATE A. Filter rock for gas extraction wells shall meet the requirements of "coarse drainage stone" as specified in Section 02062 -Granular Drainage Material. 2.03 SOIL BACKFILL: A. Meet the requirements of "suitable materials" as specified in Section 02311 -Mass Excavation, Backfilling & Compacting. N 2.04 BENTONITE SEAL p~ ca A. High solids bentonite slurry. .:>~, =e B. Manufacturers: --~ ~`- `~' ~ R.,.. 1. Bariod. ~ ,.; ,P„ e a 2. American Colloid. ~~~ ~M`" ~~: 3. Or equal. ~~= °~ _ crs 2.05 WELLHEAD `N A. For wellhead materials, refer to Drawings. B. Gate valves: refer to Section 02629 -Plastic Piping and Appurtenances (as amended in Addendum #1). PART 3 EXECUTION 3.01 PREPARATION A. Well locations shall be surveyed prior to beginning Work. All boring locations and planned depths shall be reviewed and approved by Engineer prior to drilling. GAS EXTRACTION WELLS -ADDENDUM #1 02216 - 2 Howard R Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa B. If necessary, record offset distance from survey stake to final location of bore hole. Offset locations shall be approved by Engineer prior to drilling. C. Some drilling will occur on steep side slopes of landfill. Provide necessary grading to construct work pad for drilling equipment. Contractor responsible for hauling, placing, and grading soil work pad. D. Provide equipment necessary to move drill rig if wet weather conditions encountered. 3.02 DRILLING A. Field Measurements/Observations: 1. Record depth measurements to nearest'/~o h ft on boring logs. 2. Perform gas temperature measurements near bottom of completed well and record on boring logs. Maintain temperature recorder in well for minimum of 1 min. 3. Record general description of refuse and stage of decomposition at 5 ft intervals on boring logs (i.e., none, slight, moderate, high). 4. Record moisture level of refuse at 5 ft intervals on boring logs (i.e., dry, moist, wet, saturated). B. Well Depths: Well excavation shall extend to elevations shown on Drawings. Advance drilling equipment with care; note drill torque, pressure, and depth when within 10 feet of expected termination depth. C. Engineer shall be notified if any well cannot be advanced to the specified depth. The Engineer shall make the determination if the well is to be completed at the advanced depth or is to be relocated. ~ ~-, 3.03 INSTALLATION ~ e.a -~` ~,:~ ~ • - ~-~. A. Butt weld HDPE pipe sections. ~~'~~ ~ ~ .. B. Install well piping as single continuous unit. ~-v-" ~ _= 1. Install piping to minimize flexural stress to unit. •• '` 2. Remove all HDPE shavings from pipe prior to placement. ~~ 3. Protect well from damage or introduction of foreign material through the completion of the Work. 4. Center well piping in bore hole using standard well construction methods. C. Screen Section Backfill: 1. Measure depth to bottom of well. 2. Backfill with filter rock. 3. Extend filter rock above screen as shown on Drawings. GAS EXTRACTION WELLS -ADDENDUM #1 02216 - 3 Howard R Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa D. Bentonite Seal: 1. Place geotextile donut directly on top of filter rock followed by Z ft of soil backfill. 2. Place bentonite seal directly over the 2 ft layer of soil backfill. a. Bentonite shall be mixed as high solids slurry in accordance with manufactures recommendations. b. Slurry shall be a minimum of 20% solids by weight and a density of 9.4 pounds per gallon. c. Slurry may be poured or tremied. E. Backfill: 1. Place backfill on top of the bentonite seal to top of borehole 3.04 RECORD DOCUMENTATION A. Maintain as-built record of each bore hole drilled and well installed. The as-built record shall include: 1. Site location. 2. Drilling time. 3. Well number or designation as defined on the Drawings. 4. Ground elevation (to be provided by survey). 5. Borehole size. ~:.' '~ 6. Description of material encountered at five (5) foot intervals (temperature, degree `-== - ~ ~ of decomposition, waste types, moisture, etc.). ~ ~ ~ _ a 7. Pipe size. . 8. Bore depth. e...~ `.'' •-_.~~;r; .~ 9. Pipe lengths. -~~• ~- ~~. _ ~ 10. Perforated pipe lengths. _',~,~ ' - ~'~ ~ 11. Backfill depths. `~' ~' 12. Liquid levels in bore hole and in casing. N 13. Gas temperature in bore hole. B. All as-built documentation forms shall be typed or neatly written and submitted to the Engineer before payment for well installation. 3.05 LABORATORY TESTING A. Source testing by Contractor: 1. Well filter rock: a. As specified in Section 02062 -Granular Drainage Material 3.06 CLEANUP AND RESTORATION A. Excavated Refuse Disposal: 1. Dispose of all drilling spoils on site, at the designated waste relocation area. GAS EXTRACTION WELLS -ADDENDUM #1 02216 - 4 Howard R Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa B. Remove drilling pad at each well location. Regrade while providing minimum 2 ft of intermediate soil cover over the disturbed area. Place additional soil as required to provide a 6 ft wide access path, perpendicular to slope, that connects all the well locations. Slope access path for drainage as shown in Drawings. C. Seed and mulch all areas disturbed by this work. END OF SECTION ^.~ e~~~ `~ r.~ ~ _ ." ~~. ~ l i. ,. -~.;~. 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Z O N ~ ~ ~~~ o~ qqa ~Q ~ woo 5':~ 1 UK j J.'3 w a x W ~~ U O Q ° mN ~o 3 e w~ ~~~~. aU dl 4 K O .~':~-` z J ~_ 0 WI ~Ii W O Z U v O z N IA ~~ ZJ Wa Q U Z (~ Z UU > >- ~w Z ~ JO ~}J1 V 0Z W Q J 3 C g I U X33 ~Oo C N Q~ ~> i 1~" 7 ~ r C-7 N ~ .~ "_ ~~ ~ o < N 1 ~, r o Y "1 Z u ~ ~ W F _ "' N Z ~ O I U { O M .- N ~ ~ ~ N ~ W J Z d E a a a ~ a ~ Q N O Z a o N m m ~ O O O v ar I / \ ul o a a N 3i n ' U W ~ o m °w ~ _ ~:i z o ~ ~ ~ a c~ Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa ADDENDUM #2 May 28, 2010 FY09 -STAGE 1 CELL CONSTRUCTION IOWA CITY LANDFILL AND RECYCLING CENTER, IOWA CITY, IA BID DATE: PLACE TO FILE FOR PROJECT BIDS TO ALL PLANHOLDERS: Tuesday, June 8, 2010 - 10:30 a.m. Local Time City of Iowa City, Iowa Attn: City Clerk 410 East Washington Street Iowa City, Iowa 52240-1826 The following changes, additions, andlor deletions are hereby made a part of the Contract Documents for the above referenced project, as fully and completely as if the same were fully set forth therein. All Bidders submitting a Bid on the above Contract shall carefully read this Addendum and give it consideration in the preparation of their Bid. c:~ BIDDING AND CONTRACT REQUIREMENTS ~`°=~'' ~-_ ~~ ~' _ _ 1. FORM OF PROPOSAL ~'-' ~ ~i , .. ~' ~,~ A. Replace Form of Proposal in its entirety (attached).= ~~ ;^'' E:W~~:. - ~_ •, SPECIFICATIONS 1. SECTION 01225 -MEASUREMENT AND PAYMENT A. Paragraph 1.08E (as previously revised in Addendum #1), add following subparagraph: "86. Surveying a. Includes surveying, staking, and restaking required for construction and documentation and as-built drawings in accordance with the Contract Documents. b. The lump sum price for this item will be paid out proportionately over the duration of the contract." 2. SECTION 01722 -SURVEYING A. Replace with new section in its entirety (attached). ,~. ~."J o: ~, ,:~.; <, ADDENDUM #2 1 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center lows City, Iowa 3. SECTION 01500-TEMPORARY FACILITIES AND CONTROLS A. Replace Paragraph 2.09 with the following: "2.09 ENGINEER'S FIELD OFFICE A. Separate office or separate office within Contractor's field office. Engineer's field office shall be utilized by the Owner, Engineer, and testing laboratory personnel. It will also be used for weekly progress meetings. B. Provide field office with screened windows, lockable doors with minimum floor area of 300 sf. If located within Contractor's field office, 80 sf minimum shall be private office for Engineer. Include the following: 1. Heat and air conditioning, capable of maintaining 65 deg F winter and 75 deg F summer temperature. 2. Electric power and lights. 3. One desk and one desk chair for engineer's use. 4. One 30"x72" table with 6 visitor chairs. 5. One portable ABC fire extinguisher. 6. Potable bottle water with chiller (shared use with Contractor acceptable). 7. Stair and landing for access to office. C. Contractor is responsible for paying for and maintaining utility systems, office equipment, and field office building(s) and for providing expendable supplies until final completion." 4. SECTION 02058 -CLAY LINER A. Paragraph 3.05 B, add the following item: "1. Any portion of clay liner that freezes shall be retested at Contractor's expense to verify that freeze/thaw effects have no adverse impacts on the compacted clay component of the liner, in conformance with 56~IAC 113.8(2) b.(4). and approval of IDNR." E_ ~_-' ~, c~ ~~: _. _ ~, DRAWINGS `~'~~ ~ 1. SHEET 2, LEGEND AND ESTIMATED PROJECT QUANTITIES ~--`_.' ` ~: A. Item 28 of the Estimated Project Quantities, delete "6" and replace witj~~"5". c~ B. Item 29 of the Estimated Project Quantities, delete "1" and replace with °2". ~-' 2. SHEET 12, PIPING AND STRUCTURE SCHEDULES A. Replace listing of structure for LM-9 with the following: ~: y ~~ "LM-9 E2512005.38 Leachate N/A N/A Remove Existing " N604509.51 Manhole Concrete Manhole ADDENDUM #2 2 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa. City, Iowa 3. SHEET 21, ADDENDUM #1 LFG ODOR MITIGATION PLAN A. Add the following note addressing the 10" dia HDPE header from the point of connection at the flare to the 10" tee: "The surface clang the trench alignment consists of approximately 36" of compacted asphalt millings. Segregate millings from underlying soil during trench excavation and replace millings to surface following pipe installation." I hereby certify that. this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. Date: ~.- ~,~ J __ E. HARF, P.E. `L' en No. 11786 ~Ny renewal date is December 31, 2011 Pages or sheets covered by this seal: Entire Addendum BIDDER SHALL ACKNOWLEDGE RECEIPT AND ACCEPTANCE OF THIS ADDENDUM AS PROVIDED ON BID FORM. r-. r-.: SIHRGCRNA5IDATA\PROJ\191130)\SPEC-5T:4GE iV+DDENDA\ADDM#2-C52810-~C FY09.DOC ~' A^,: ~ _ , , fs ~.,~ .e ..r t..~t~w.a ~....•~ r~ { ~;j ~ ...., . M ~; r~ 1.:....' ADDENDUM #2 3 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa FORM OF PROPOSAL FY09 -STAGE 1 CELL CONSTRUCTION IOWA CITY LANDFILL AND RECYCLING CENTER CITY OF IOWA CITY NOTICE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE PROJECT MANUAL. SEPARATE COPIES OF THIS PROPOSAL ARE CONTAINED WITHIN THE BACK COVER OF THIS DOCUMENT. Name of Bidder Address of Bidder TO: City of Iowa City, Iowa Attn: City Clerk 410 East Washington Street Iowa City, IA 52240-1826 The undersigned bidder submits herewith bid security in the amount of ~ , in accordance with the terms set forth in the Project Manual. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the Project as described in the Contract Documents, including Addenda ,and ,and to do all work at the prices set forth herein. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work. Bidder will complete the Work in accordance with the Contract Documents for the following prices: -- -`~' o '~ ~~~ ~ ~..„ ^f .~'..~ .. nvsa '~ ~b -..- C..J ,, ., ~ FORM OF PROPOSAL -ADDENDUM #2 00412 - 1 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa Item Estimated No Description of Work Unit Quantity Unit Price _ Total Mobilization and General Project $ 1 Administration LS 1 $ 2 Site Safety Plan Implementation LS 1 $ $ 3 Excavation CY 624,700 $ $ Drainage Sand $ 4 (Groundwater Collection Layer) CY 12,100 $ 5 Road Gravel Stripping and Stockpiling CY 1,100 $ $ 6 Compacted Clay Liner CY 94,900 $ $ 7 HDPE 60-mil Geomembrane (smooth) SF 463,700 $ $ 8 HDPE 60-mil Geomembrane (textured) SF 207,500 $ $ 9 Geonet/Geotextile Composite SF 682,000 $ $ 10 Geotextile SY 6,400 $ $ Coarse Drainage Stone $ 11 (Leachate Collection) CY 8,000 $ Tire Derived Aggregate N 12 (Leachate Collection) CY 61,800 $ " ~--' C .~ C .' -t.. r_ t j HDPE Pipe, SDR-17, 4" Dia., y= n:_ _y„, 13 Perforated LF 20 $ ~~;° ~ ;, ;r-. 14 HDPE Pipe, SDR-17, 4" Dia., Solid LF 298 $ ~~-° ~ -~ `~ y . f ~ C.a. , , HDPE Pipe, SDR-17, 6" Dia., °'~ ~ r. ;' ` " 15 Perforated LF 2,416 $ :: ~ ~, 16 HDPE Pipe, SDR-17, 6" Dia., Solid LF 603 $ $ 17 HDPE Pipe, SDR-17, 8" Dia. Solid LF 36 $ $ HDPE Pipe, SDR-17, 10" Dia, 18 Perforated LF 1,390 $ $ FORM OF PROPOSAL -ADDENDUM #2 00412 - 2 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa Item No Description of Work Unit Estimated Quantity Unit Price Total 19 HDPE Pipe, SDR-17, 12" Dia., Solid LF 9 $ $ HDPE Pipe, SDR-17, 16" Dia. 20 (LP-1 /Secondary Sump Riser) LF 123 $ $ HDPE Double Wall Pipe, SDR-17, 21 12"x16" Dia. LF 1,013 $ $ Leachate Line Cleanout, HDPE 22 Two-Way Double Wall (12"x16" Dia.) EA 1 $ $ Bootless Pipe Penetration, 23 HDPE Fabrication EA 1 $ $ Double Wall Manhole, 24 HDPE Fabrication EA 1 $ $ Valve Vault, HDPE Fabrication, 25 incl.l2" Plug Valve EA 1 $ $ Leachate/Groundwater Head 26 Level Monitoring System LS 1 $ $ 27 Cleanout and Riser Access Covers EA 9 $ $ HDPE Leachate Manhole 28 Cut-Off Adjustments EA 5 $ $ 29 Concrete Leachate Manhole Removal EA 2 $ $ 30 Intake, RA-63 (IDOT) EA 3 $ $ 31 Intake, Hickenbottom, 6" EA 1 $ $ 32 PVC Pipe, SDR-35, 4" Dia,Perforated LF 2,454 $ $ 33 PVC Pipe, SDR-35, 6" Dia, Perforated LF 2,213 $ $ N ~'' c~;-, v ~-~_ , , ; _c 34 PVC Pipe, SDR-35, 6" Dia., Solid LF 4,067 $ ~~~°~: _ ~,,,a„ ~ #..,~,, ~ 35 Concrete Pipe, RCP, 12" Dia. LF 71 $ $"°~°w_ ~~,~...~ ~'r~-~ ~_~ 36 Concrete Pipe, RCP, 18" Dia. LF 285 $ $ `~~ , ~~` `° a 37 Concrete Pipe, RCP, 24" Dia. LF 45 $ $ FORM OF PROPOSAL -ADDENDUM #2 00412 - 3 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa Item No Description of Work Unit Estimated Quantity Unit Price _ Total 38 Concrete Pipe, RCP, 30" Dia. LF 540 $ $ 39 Concrete Pipe, RCP, 36" Dia. LF 273 $ $ 40 Concrete Flared End Section; 12" EA 1 $ $ 41 Concrete Flared End Section; 18" EA 4 $ $ 42 Concrete Flared End Section; 24" EA 2 $ $ 43 Concrete Flared End Section; 30" EA 3 $ $ 44 Concrete Flared End Section; 36" EA 2 $ $ 45 Detention Pond Control Structure EA 1 $ $ 46 Corrugated HDPE Pipe, 12" Dia. LF 85 $ $ 47 Corrugated HDPE Pipe, 24" Dia. LF 547 $ $ 48 Rip Rap - Class E Revetment CY 1,200 $ $ 49 Geogrid Reinforcement SY 17,500 $ $ Access Road Base Course - 50 Macadam Stone CY 2,900 $ $ Access Road Top Course - 51 Class A Aggregate CY 2,900 $ $ Reclaimed Road Rock, Installation 52 Only CY 1,900 $ $ Select Waste Placement for Landfill 53 Cell Entrance and Operations Pad CY 5,000 $ $ G 54 Storm Water Permit and Compliance LS 1 $ ,,~ ~..., ,~,$~"'° c-_ .- 55 Hay Bales LF 1,500 $ ~wE` V ., ~.~. .. ,.- FORM OF PROPOSAL -ADDENDUM #2 ~..~ Of3412 - 4 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa Item No Description of Work Unit Estimated Quantity Unit Price Total 56 Silt Fence LF 4,700 $ $ 57 Cleanout of Silt Fence LF 3,000 $ $ 58 Silt Fence Removal LF 3,000 $ $ 59 Erosion Control Lining SY 37,800 $ $ 60 Stabilization Seeding AC 10 $ $ 61 Stabilization Mulching AC 10 $ $ 62 Topsoil /Grading CY 2,600 $ $ Seeding /Fertilizing /Mulching 63 (Rural Mix) AC 66 $ $ Native Plant Seeding/Mulching 64 (NSM #1) AC 6 $ $ Native Plant Seeding/Mulching 65 (NSM #2) AC 2.5 $ $ Native Plant Seeding/Mulching 66 (NSM #3) AC 1.1 $ $ Native Plant Seeding/Mulching 67 (NSM #4) AC 2.5 $ $ Native Plant Seeding/Mulching 68 (NSM #5) AC 12.1 $ $ Native Plant Seeding/Mulching 69 (NSM #6) AC 0.2 $ $ Water Level Control Structure- 70 Wetland Mitigation EA 2 $ $ 71 Well Abandonments LF 129 $ $ c ~ ~~ 72 Well Modifications (Extensions) LF 155 $ ~ ~. ~ "' ~ ~. ~ ` ~~~' Vertical Leachate Piezometers $ ~ ^~ ~,. m ~ j 73 (Existing Cells) EA 3 T, . _-.~, ~.: , .,,_ cy~ ~, .~ ~ FORM OF PROPOSAL -ADDENDUM #2 OQA~'12 - 5 Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa Item No Description of Work Unit Estimated Quantity Unit Price Total NOTE: ITEMS 74-85 ARE ADDRESSED IN ADDENDUM #1 74 LFG Header Pipe, 10" SDR-17 HDPE LF 336 $ $ 75 LFG Header Pipe, 8" SDR-17 HDPE LF 2996 $ $ 76 LFG Header Pipe, 6" SDR-17 HDPE LF 241 $ $ 77 LFG Lateral Pipe, 4" SDR-17 HDPE LF 616 $ $ 78 Header Access Riser EA 9 $ $ 79 Header Control Valve EA 2 $ $ 80 Gas Extraction Well LF 613 $ $ 81 Borehole Refusal/Abandonment LF 40 $ $ 82 Wellhead Assembly EA 16 $ $ 83 Drip Leg EA 1 $ $ 84 Drip Leg with Vacuum Bypass EA 1 $ $ 85 Road Crossing (Header Protection) EA 1 $ $ NOTE: ITEM 86 IS ADDRESSED IN ADDENDUM #2 86 Surveying LS 1 $ $ _~ Q ° ~~ '~ .:." _ , ~_ _ e_- ~ v BASE BID PRICE (SUMMATION OF BID ITEMS) $ ~, _•-,' ~-}- .ar s f...) d'~ G FORM OF PROPOSAL -ADDENDUM #2 00412 - 6 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa Supplemental Unit Prices: The following supplemental unit prices are not included in the Base Bid Price and will not be used to determine successful Bidder. Owner reserves the right to reject any supplemental unit prices if the prices are considered excessive or unreasonable. Items requiring supplemental unit prices are described in Section 01225, Measurement and Payment. No. Description of Work Estimated Unit Quantity Unit Price 1 Off-Site Disposal of Excess Soil 2 Drainage Sand (Leachate collection) 3 Foundation Soil Correction CY 10,000 $ CY 23,700 $ CY 1000 $ The names of those persons, firms, companies or other parties with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows: ~, ~ =-- C'7 -' f VrTr '?'J a.~, i d.' $ y C.+~ 7 ~ NOTE: All subcontractors are subject to approval by City. ~' FORM OF PROPOSAL -ADDENDUM #2 00412 - 7 Howard R. Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa The undersigned bidder certifies that this proposal is made in good faith, and without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the more specific shall prevail. Firm: Signature: Printed Name: Title: Address: Phone: Contact: N _ ~~ ~ r.. „~ -a ., ~ ~ ; . ._ _, FORM OF PROPOSAL -ADDENDUM #2 00412 - 8 Howard R Green Company Project No. 191130) SECTION 01722 SURVEYING PART1 GENERAL 1.01 SUMMARY FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa A. Section Includes: 1. Surveying requirements for construction and documentation. B. Contractor shall employ and pay for surveying services. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 -Measurement and Payment (as modified by addendum). 1.03 OWNER RESPONSIBILITIES A. Owner reserves the right to check accuracy of line and grade by visual inspection, checks between stakes, and periodic checks (with surveying equipment) between primary control monuments and stakes. B. Should Owner's activities disturb control, restaking or resurveying, restaking will be done by Contractor at Contractor's expense. 1.04 SUBMITTALS A. Provide survey staking and documentation data to the Engineer daily or as ref,~ested. ~~ „.,; r; B. Survey data shall be in electronic format, AutoCad, most recer>~~rsic~ or a~; approved by Engineer. ~'~°_~' `~` '°~'" 1. Provide paper copies of all data, as requested. `~ ''' ~ yi C. Iowa Licensed Surveyor Certificate. ~----~" ~ w ~' - , c~ .. 1.05 QUALITY ASSURANCE c_°~ -~ A. Survey work shall be under the direction of a surveyor PLS licensed in the state of Iowa. B. All submitted data shall be certified by Contractor's surveyor. 1.06 PRIMARY CONTROL MONUMENT A. Verify established control monuments with City surveyor. SURVEYING -ADDENDUM #2 01722 - 1 Howard R Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa B. Protect and maintain primary control monuments shown on Drawings throughout Project area. C. If marked corners and monuments are damaged by Contractor, replace by Registered Land Surveyor at Contractor's expense. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 GENERAL A. All survey data shall use same control datum as that established in the Contract Drawings. B. Primary line and grade shall be provided and established by Contractor's surveyor by means of stakes placed at site of Work. C. Contractor's surveyor shall be available during construction to spot survey any changes required during construction for record documentation, and to replace damaged staking. D. Provide reports during construction as requested and a final report at the project's completion. The reports shall include surrey documentation for all items listed in this section. c_., `x'.02 SI~_ RVEY REQUIREMENTS kfn ~ s^~ Y' ~~. ~F '.. sal -''v r,~ a ~ ~ ~ ~: ;Verify and accept Owner's existing conditions survey or conduct and submit a new `'°`~ "' '"existing conditions survey. ~ 0 ~~ `~-i f.°~ `' ~=-B~ Stakes for construction shall be set: ~-- _~ = c.,:~~1. As required by Contractor. °2. At changes in grade. r: 3. Parallel to centerline of utility. a. Offset to best serve Contractor. b. Pipe shall be staked at 50-foot intervals. 4. All pipe fitting locations and any other relevant locations (i.e., changes in slope, pipe bends, etc.) shall be staked. 5. Stakes shall be permanently labeled as applicable (ground elevation, cut/fill, pipe invert elevation, the northing and Basting coordinates, etc.). SURVEYING -ADDENDUM #2 01722 - 2 Howard R Green Company Project No. 191130) FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 6. Conduct the survey to maintain the requirements of slope and pipe cover. 7. Stakes for excavation and embankment will be set: a. Parallel to toe of slope. b. Offset to best serve Contractor. C. Liner Layer Thickness Documentation: 1. Surveyor shall document thickness of liner layers conducted on 100 foot x 100 foot grid. 2. In addition to grid, include survey points at all major breaks in slope (i.e. top and toe of slope). 3. The grid shall be extended vertically for each surface to enable calculation of vertical thickness of the layers at each grid point. The same grid points shall be used for documentation of each layer. The surveyed vertical thickness at each grid point shall be used to calculate the actual thickness perpendicular to the slope. 4. Each survey shall be documented on grade documentation table and reviewed and approved by the Engineer prior to Contractor starting construction of next layer. a. Provide thickness documentation and calculations on Excel spreadsheet for Engineer's review. 5. Surveyor shall document horizontal and vertical locations at each grid point for the following: a. Top of subgrade. b. Top of sand groundwater collection layer. c. Top of clay liner. d. Top of leachate drainage layer. 6. If probing of soil layers is performed to document thickness in lieu of grid survey, it shall be done in the presence of the Owner's OC&A representative and Contractor using a method approved by the Engineer. D. Provide maps indicating x, y, z coordinates and appropriate labeling for the following: 1. Testing locations of soil and geomembrane as directed by Engineer. 2. Edge of geomembrane at 100 ft. intervals and at corners. 3. At 100 ft. intervals, ground and top of pipe elevations for LFG header and gas collection piping, and locations of fittings and connection points. 4. LFG well heads and other LFG structures. 5. Existing and replacement piezometers. 6. Final x, y, z of monitoring wells modified as part of this construction. 7. Buried leachate and groundwater piping, provided at 100 ft stations. 8. Pipe cleanouts, manholes, and any existing leachate lines exposed during the construction. 9. Inverts on upstream and downstream locations of culverts, storm sewer, ar~other surface water management structures. 10.Outline of riprap, existing and placed as part of this Work. ~ ~ 11. Other surface features such as roads, etc. ~-~ ~ R~.G ~,, 12. Locations of underground and overhead electrical, telephone line~~uried has lir„"~ .~; ~-, ; , and water lines. -_.. ~~ z Y SURVEYING -ADDENDUM #2'01722-~s~'3 c~-, Howard R Green Company Project No. 191130) 3.03 DOCUMENTATION OF QUANTITIES FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa A. Contractor's surveyor shall furnish survey data as may be required for calculation of quantities. B. Submit data in its entirety for each quantity determination. Progress payments will be in accordance with partial documentation verified by visual estimates of percent complete based on plan quantity. 3.04 FINAL REPORT AND SURVEY A. Provide as-constructed site surrey including all improvements and final grades at 2- foot contour intervals of all portions of the site, including portions disturbed or modified as a result of this construction, and adjacent areas of the property. Provide map and electronic file at scale of 1 "=100'. At minimum surveyor shall include all items listed in item 3.02 D, displayed as separate layers and properly annotated on the maps. ~~~ ~~ f~ ~`~ .~~ ':~ . _ ~ O c~ cv END OF SECTION SURVEYING -ADDENDUM #2 01722 - 4 PREBID MEETING MINUTES FY09 Stage 1 Gell Construction Subject: Iowa City Landfill and Rec clin Facilit Meeting Wednesday, May 26, 2010 Green Company ~-{oWard R Date: 9:00 a.m. , From: Jon Scharf, P.E. r` Sign-in sheet for attendees {attached to minutes) Prebid meeting notes will be issued to all planholders. hJ C~ Contract Documents =~P r_- ~~ • Unit Price Contract ~'' ~ - • Contract Times: -Bids due June 8, 2010 ~ ~"~` ' ~°~ - City Council to act on Bids June 15, 2010 ;~ ~~' -Project Completion by August 5, 2011 "..; -~ ' ~' ,~g • Liquidated Damages - $3,OOOlday f ' - ~ E,., a ~, • Design and existing surface dwg files are available from HR Green to bidders tt~~t request them. -- Health and Safety Requirements • Contractor's responsibilities addressed in Project Manual • Landfill: Potential for exposure to refuse, leachate, methane, HZS, etc. • Contractor required to prepare HASP prior to any work. • If contractor does not have expertise to prepare HASP for landfill work, they are expected to employ consultants with appropriate capabilities. Addenda • Addendum #1 has been issued. • Addendum #2 issued after the prebid meeting. - Note that this includes a REVISED BID FORM, superseding addendum #1 • Additional addenda will be issued as needed. Project Overview • Work Summary - Excavation: 624,700 cy includes cut volume based on existing and design surfaces plus additional 4 1/2 ft subcut for placement of cell liner and additional 2 ft waste cut for placement of intermediate cover on waste slope. - The "Excavation" volume includes the waste that will be cut from the existing slope on the east side of the new cell. The total of this portion of the cut is approximately 116,600 cy of soil and waste. The proportion of soil to waste is unknown. We suspect 11HRGCRNASSDATA~PROJ\791130)\MEETINGS;MIN_PREBID-D52otOJC FY09.DOC that soil will be about 1/5 of total and waste (garbage soil mixture) will be about 4/5 of total. Garbage soil mixture must be hauled to designated waste relocation area. - Significant quantities of white goods or tires is not expected in the waste. If any are encountered during the waste relocation, the contractor is requested to pull the items aside for landfill staff to handle. - Waste composition in the existing cells is mixed municipal solid waste and demolition waste. - All soil fill and embankment is expected to be compacted as specified. - Soil stockpile on south side must be benched into slope and compacted. - Liner - DNR rules require that clay liner does not freeze unless it can be shown that the freeze/thaw effects have no adverse impacts. Contractor needs to consider this in staging of project. - Contractor must control leachate until new cell and collection system is approved. Perched leachate is present in waste and will seep out as waste is removed. Leachate cannot be allowed to back up into existing cells or be allowed to flow onto new cell prior to IDNR approval. Disposal of leachate can be made to existing sanitary sewer line. - The existing leachate main line is to remain and will continue to service the northern two existing landfill cells. The lateral lines from the existing cells will be disconnected from the existing leachate main line (at the existing manholes) and will connect to the new FY09 leachate lines at the cell boundary. - Wetland mitigation includes several different types of native seed mixes. Note seeding times in specs when staging project. • Surveying - Surveying responsibilities originally specified in the project manual will be modified in Addendum #2 • Coordination with landfill personnel - This is an active landfill. Coordination is necessary to minimize conflicts with traffic and landfill operations. - Work hour limitations are described in the Project Manual. Hours of operation are Monday 8:00 AM through Saturday 6:00 PM (less legal holidays). ~'Cont~rator to coordinate work hours with City on-site representative. 'v'im. e ,._. f'..:.,.,.:.~ ~ ' ~1Ndr~t~t requires closure of landfill roads will need to be done after landfill operating hot~srw ~~ ~~ ~ -r~~, -~~ t', Q o _... 0 N \1HRGCRNAS\DATA\PROJ1191130)\MEETINGSIMIN_PREBID-052610-IC FY09.DOC 2 The following pertinent questions have been addressed either during or after the prebid meeting: 1. Q: Does the contractor need to supply an office trailer for the engineer? A: Yes. Contractor shall include provisions for an office trailer as specified and as further defined in Addendum #2. 2. Q: Is there water available on-site for dust control? A: No. 3. Q: Can a portion of the liner be approved the first construction season or does the liner have to be approved in its entirety? A: We are not opposed to this concept if the portion of fhe liner is complefe, has a fully functioning leachate collection system, and the clay portion of the liner is protected from freezing. However, ultimate approval must be given from the IDNR. Discharge of leachate into the completed portion cannot occur until IDNR approval is obtained. 4. Q: Instead of using a landfill compactor to compact the relocated waste, can a large dozer be used instead? A: No. Relocated waste must be compacted with a landfill compactor as specified. The City currently expects that they will have a landfill compactor available fo rent September 1, 2010. The rental rate is $25, 000 per month. The City would cover repairs EXCEPT those caused by neglect, misuse, abuse or operator error. ~~ ~--. ~ ~~ E.-a _ _ ~~- - -'[') mss: &°" _. C,.7 . , ~~_ g .. \\HRGCRNAS\DATA\PROJ1191130J\MEETINGS\MIN PREBID-052610-IC FY09.DOC 3 PRE-BID MEETING SIGN-IN Iowa City Landfill and Recycling Center FY09 Cell Construction Name Company and Address Phone/Fax # 1. 2. 3. t 4. ~Ut~ ~~L~-5~~ .~oeC ~~ 4S~'z'q i~~~,s13C~~; ~~°5~3-5~~i~% 6. ~3i~) 34~- z~ ~'~ p '~-i t ~~ Z.~ ~ /! ~'~~c~ (..,~IYU l'Lf1 t.,?Zi`VZS C~ [,~i~ ~3 l~f ~ 3 45 - Z ~f q I ~. -rte ~~, ~~,~.~,~ ~ y - 5~ 3 5 ~~ ~ ~ ~ 2 ~~ ~~ s~ z 8. ~5~1'L 114,.. C~ ~ Lo~.~- C.:~.~ ~ ~- ~71f~-6~~`3-3',i35/-P ~P'~3'i~ ~ P C~ l i~ y ~ µ, r s %" ~ 2~ d ~ .~ ~'l t! c' ! S~ t a ( ~G 3 .fig ~ .~ q v j ~- ~ i ~~3 ~E~ ~ ~ c ~ LjC~~. .z. C~ ~e ~ v~~i~cc . 4l t 12. ~ i ;~_ ca Q ~...~~ ~ :..ate N 1\HRGCRNAS\DATA\PROJ\191130JUV1EETINGS\PREBID AGENDA FY09.DDC Howard R. Green Company FY09 -Stage 1 Cell Construction Project No. 191130) Iowa City Landfill and Recycling Center Iowa City, Iowa ADDENDUM #3 June 2, 2010 FY09 -STAGE 1 CELL CONSTRUCTION IOWA CITY LANDFILL AND RECYCLING CENTER, IOWA CITY, IA BID DATE: PLACE TO FILE FOR PROJECT BIDS TO ALL PLANHOLDERS: Tuesday, June 8, 2010 - 10:30 a.m. Local Time City of Iowa City, Iowa Attn: City Clerk 410 East Washington Street Iowa City, Iowa 52240-1826 The following changes, additions, and/or deletions are hereby made a part of the Contract Documents for the above referenced project, as fully and completely as if the same were fully set forth therein. All Bidders submitting a Bid on the above Contract shall carefully read this Addendum and give it consideration in the preparation of their Bid. BIDDING AND CONTRACT DOCUMENTS 1. SECTION 00200 -INSTRUCTIONS TO BIDDERS A. ARTICLE 23, BIDDER'S CERTIFICATION., replace the first paragraph with the following: "Bidder shall certify that they shall be, throughout the period of the contract, licensed in the State of Iowa. Bidder shall further certify that he is skilled and regularly engaged in the general class and type of work called for in the Contract Documents." SPECIFICATIONS 1. SECTION 02629 -PLASTIC PIPING AND APPURTENANCES A. Item 3.06 B 1.a., replace sentence with the following: "a. All new leachate piping." B. Item 3.06 B 1.b., add the following sentence: "Access to header for televising may be made at up to two manhole locations prior to completing specified modifications, as necessary." ~a C. Item 3.06 B 1.c., delete sentence. Q ~, ~' ~- ~" .....6 +...- d ~ w ~ u -~1 f"-a ~ 1' ~ r+.-. ADDENDUM #3 r~ ~ ~ ,~~:~;" ---_ . ~~_. ~, -- r;~ ~. Howard R. Green Company Project No. 191130) DRAWINGS 1. SHEET 12, PIPING AND STRUCTURE SCHEDULES FY09 -Stage 1 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa A. For the pipe listings of D-18, D-24, D-27, D-29, and D-31, delete the note "Metal rodent guard required for outlet" and replace with "Duckbill style check valve required for outlet. Design for 10 psi back pressure and inlet pressure of 1-2 in. we over backpressure. Tideflex TF-1, Proco 730, or equal." hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer - under the laws of the State of Iowa. Date !0 d0 E. HARF, P.E. `•=' ~ ~ - - Li st: No. 11786 My renewal date is December 31, 2011 'Pages or sheets covered by this seal: ' Entire Addendum 5 'r BIDDER SHALL ACKNOWLEDGE RECEIPT AND ACCEPTANCE OF THIS ADDENDUM AS PROVIDED ON BID FORM. UHRGCRNASVDATAVPRO.1~191130J5SPEC-STAGE 1lADDENDA~ADDM#3-060210-IC FY09.DOC ADDENDUM #3 N Cm7 P ~, ~ -, .~~rm~ ~ " t II ' ~ rt ~~~ti - }~ - e Q } 2 r ~ 1 ~.®~,~ ~+t.Y._ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT October 1, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: Landfill FY09 Grading Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Landfill FY09 Grading Project has been completed by of Tom Kueter Construction, Inc. of Peosta, Iowa in substantial accordance with the plans and specifications prepared by the Howard R. Green Company. The final contract price is $1,206,944.13. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng/Itrs/engrpt-landfillgrading. doc ~~~~~ 4e 7 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. ~ 0-427 RESOLUTION ACCEPTING THE WORK FOR THE LANDFILL FY09 GRADING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Landfill FY09 Grading Project, as included in a contract between the City of Iowa City and Tom Kueter Construction, Inc. of Peosta, Iowa, dated September 15, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $1,206,944.13. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 11th day of October NAYS: MAYOR Approved by ATTEST: 'J CITY ERK 20 10 ,~J (~GC~( ~~'U?~',~'~,~J~~~~-~-,,~, Cit'- y Attorney's Office ,~~~~'~ ~~ It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x X ~_ x x ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pweng/res/acptwork-la ndfillfy09grad ing. doc