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LANDFILL GAS COLLECTION SYSTEM/2009 EXPANSION/2009
LANDFILL GAS COLLECTION SYSTEM/ 2009 EXPANSION/ 2009 P~9~ ~ ~ ~__--- Landfill Gas Collection System 2009 Expansion 10-Feb-09 Resolution 09-47 approving ,authorizing & directing the Mayor to execute and City Clerk to attest an agreement by and between the City of Iowa City& Howard R green Company to provide engineering consultant services for the Landfill Gas Collection System Improvement Project. 26-Mar-09 Opinion of Probable Cost, Project Manual & Plans 6-Apr-09 Resolution 09-95 setting a public hearing on April 20, 2009 on plans, specifications, form of contract & estimate of cost for the construction of the Landfill Gas Collection system 2009 Expansion Project, directing City Clerk to publish notice of said hearing & directing City Engineer to place said plans on file for public inspection. 20-Apr-09 Resolution 09-129 approving plans, specifications, form of contract & estimate of cost for the construction of the Landfill Gas Collection system 2009 Expansion Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids & fixing time & place for receipt of bids. 5-May-09 Resolution 09-159 approving, authorizing and directing the Mayor to execute and the City Clerk to attest a second amendment to the November 5, 2007 agreement by and between the City of Iowa City and Howard R Green Company Consulting Engineers to provide engineering consultant service es for the Iowa City Sanitary Landfill 5-May-09 Resolution 09-160 approving, authorizing and directing the Mayor to execute and the City Clerk to attest a Second Amendment to the May 1, 2007 agreement by and between the City of Iowa City and Howard R Green Company Consulting Engineers to provide engineering consultant services for Landfill Gas, Air & Water Quality monitoring at the Iowa City Sanitary Landfill. ~c7t~C~¢ b~ 1~~b~~,G n2RY` ~nq Qc~ ~ a s~=~-, avo~ ~x~S'~ o,r... ~- .~, ~n,r-~~ ~~..,,. o r.,r~ k~ ,^ ~ : dS -- ~rat7T t7I~ ~~~ i Ca. ~ OYZ q ~-csal~-~-~~-~ o~ Jgl ~ Qu~c~rd;~, eo ~~ ~~-~~~-n~,--- ------- K+- - D ~ rv. -F- o ~r~~.~ rv` s ~-_lR 1..V1~'~ ~ -- _~ t7~J ~~ av.tt- t ~ ~ ~ G _ _ -- --- _L~ - ~ ~u--~-~ ~ v -- a S 5 a cc ~ w r K ~ G ~~ ~~~__ a ~ _ ~x~~ S , ~ n ~ ~--~ ~.~.~_ ~ an ; I _ - - ~r of Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 RESOLUTION NO. ~~-~+y RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LANDFILL GAS COLLECTION SYSTEM IMPROVEMENT PROJECT. WHEREAS, the City of Iowa City desires to expand and improve the existing gas collection system at the Landfill and Recycling Center; and WHEREAS, the expansion and improvement of the existing gas collection system will improve the collection ability and system operations; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Landfill Gas Collection System Improvement Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Howard R. Green Company, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT .RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 10th day of February , 20~Q_. ATTEST: CI LERK Approved by G r ~L~~Pr1~y~ City Attorney's Office , ~ 3009 ~i Pwenglres/gascollection. dco Resolution No. 09-47 Page 2 It was moved by Wright and seconded by adopted, and upon roll call there were: AYES: NAYS: ~_ x x ~- x x x Correia the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolutionac.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of FF6__~y,._, 2009, by and between the City of Iowa City, a municipal corporation, hereinafter referre as the CITY and Howard R. Green Company, of 8710 Earhart Lane SW, Cedar Rapids, IA 52404, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY desires to secure the services of a consulting engineering firm to design and prepare construction/bidding documents for modifications to the landfill gas extraction system at the Iowa City Landfill, to assist in procuring a qualified contractor to perform the work, and to provide limited engineering services during construction. The CITY also desires the engineering firm to review and provide technical recommendations concerning operation of the existing landfill gas extraction system and to develop a long term landfill gas development plan that addresses both existing and future landfill cells. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as set forth herein. SCOPE OF SERVICES CONSULTANT agrees to perform the following services for.the CITY, and, to do so in a timely and satisfactory manner: I. Landfill Gas Collection System Modifications The CITY wishes to expand the existing landfill gas (LFG) collection system for compliance with 40 CFR 60.755 (requirement for LFG collection within five years of waste placement) and for purposes of controlling odors. This will involve the placement of horizontal collection wells in Cells FY06, FY02, and possibly FY98. A. Construction/Bidding Documents CONSULTANT will visit the site to evaluate the current conditions of the well field and fill areas, and to consult with CITY staff about potential design criteria. The design of the wells will be intended to maximize LFG collection while minimizing air intrusion and potential for "watering-in". At a minimum, the design will include additional emphasis on the ability to control gas flows at each of the new wellheads. CONSULTANT will submit review drawings to the CITY at the 50% level of completion. Both the drawings and the project manual will be submitted to the CITY for review at the 90% level of completion. CONSULTANT will attend two meetings with the CITY at the landfill office to discuss the 50% and 90% submittals. CITY will provide comments and issuance to proceed after each submittal. It is anticipated that the drawings will include two or three sheets that include the existing header layout and points of connection, the layout of the new horizontal wells, and engineering details. The project manual will include bidding and contract requirements (front ends) and technical specifications. Concurrently with the 100% completion of the \UIRGCRNAS~DATAIPRQI\191130JWDMINWGR-012909-~CAS.DOC Page 1 bidding documents, CONSULTANT will prepare and submit an Engineer's Opinion of Probable Construction Cost. B. Bidding Assistance/Contractor Procurement CONSULTANT will assist the CITY in identifying qualified contractors to invite to bid and will attend a pre-bid meeting at the landfill office. During the bidding period, CONSULTANT will address contractor's questions and will prepare addenda as needed. After the bids are opened, CONSULTANT will review the bids and bidders qualifications and make a written recommendation for award. C. Construction Phase/Documentation CONSULTANT will attend a preconstruction meeting, held at the landfill, to address items associated with construction start-up. The purpose of the meeting will be to discuss any anticipated construction problems, coordination with existing landfill operations, establish communication and authority chain, QA/QC requirements, site safety, and to establish the construction schedule. During the construction period, CONSULTANT will: o Review and approve submittals and shop drawings as required in the project manual. o Initiate correspondence with contractor regarding coordination of field orders and change orders. o Respond to requests for information. o Review, interpretation, and clarification of specifications. It is assumed that contract and construction oversight will be provided by CITY. To assist CITY, CONSULTANT will attend two days at the landfill during construction, to be scheduled to best fit the needs of the project. Assumptions o We assume this construction does not necessitate changes in the landfill's air permit. However, we will notify Matt Phoenix of the IDNR solid waste section of the project. If necessary, we will submit to the IDNR, plans and spec cations along with a cover letter explanation of the modifications. o Bid documents will be sent to contractors by invitation. Public noticing will not be required. o Contract front ends will be similar to those used for the FY06 project and updated for the FY09 project. Front ends and technical specifications will be in EJCDC format. o Contract and construction oversight will be provided by City staff. o Costs for surveying are not included. Surveying documentation will be provided by City. \\FiRGCRNAS\DATA\PROJ\191130,1WDMINWGR-012909-IC GAS.DOC Page 2 II. Landi:lll Gas Collection System Development Plan CITY wishes to develop a plan that can be implemented over the long term for the enhancement of LFG collection in the existing cells and the expansion of the collection system into future cells. The focus of this plan is to optimize methane collection for beneficial use, in addition to LFG collection and control for regulatory compliance. A. LFG System Review and Recommendations The landfill's LFG collection system has been in operation for over eight years. To identify problems or issues that may be affecting system performance, CONSULTANT will review the existing system, operating procedures, and monitoring data. CONSULTANT will review available monitoring data in an attempt to identify abnormalities, trends, problem wells, condensate handling etc. One site meeting will be scheduled with the LFG system operator to review the monitoring procedures and equipment, to examine pertinent issues from the operator's perspective, and to brainstorm potential solutions. Based on this review, a technical memorandum will be prepared that will summarize our findings and present recommendations. This will include: o summary of system performance 0 operational recommendations o potential modifications to well heads (orifice plates, modified valves, etc.) o general recommendations for dewatering extraction wells and headers B. Development Plan for LFG System Expansion CONSULTANT will, based on the LFG system review, design enhancements to the existing LFG collection system intended to improve its performance: This could include additional wells, abandonment of existing wells, rerouting of headers, and addition of other monitoring structures. The well field development plan will be expanded and updated to include the header layout, and temporary and vertical wells from FY95 through future FY09 and the northwest expansion area. The development plan will be presented on a series of drawings as follows: 1. Phase 1 -Header and Well Layout (Existing LFG Collection Area) 2. Phase 2 -Header and Well Layout (FY95, FY96, FY98, FY02, FY06) 3. Phase 3 -Header and Well Layout (FY09) 4. Phase 4 -Northwest Expansion Area 5. Engineering Details The above drawings are intended to be used for overall planning purposes. Header elevation and well depths are presented in a general sense. Since the development of landfills is a dynamic process, specific design information would be included in the design/bidding documents at the time the particular phase is implemented. \\HRGCRNAS\DATA~PRQI\191130JWDMINWGR-012909-IC GAS.DOC Page 3 TIME OF COMPLETION CONSULTANT shall complete the following phases of the Project in accordance with the schedule shown. • Item IA - 50% submittal by February 27, 2009 • Item IA - 90% submittal by March 10, 2009 • Item IA - 100% submittal by March 20, 2009 • Item IB -Bidding period March 20 through April 10, 2009 • Item IC -Construction to be complete by May 22,2009 • Item IIA -Tech Memo submitted by June 12, 2009 • Item IIB -Development drawings completed by August 28, 2009. II. GENERAL TERMS A. The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all work and services performed up to the time of termination.. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The CITY may terminate this Agreement upon seven (7) calendar days written notice to the CONSULTANT. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the CONSULTANT by the CITY for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the CONSULTANT shall have .the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the CITY that all records and files pertaining to information needed by the CONSULTANT for the project shall be available by said CITY upon reasonable request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no party to this Agreement shalt perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. \\HRGCRNAS\DATA\PRQI\191130JWDMINWGR-012909•IC GAS.DOC Page 4 G. At the request of the CITY, the CONSULTANT shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance. H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon demand by the CITY, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the CONSULTANT pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement: In such event, the CONSULTANT shall not be liable for the CITY'S use of such documents on other projects. I. The CONSULTANT agrees to fumish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting, however, that failure of the CONSULTANT to satisfactorily perform in accordance with this Agreement shall constitute grounds for the CITY to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the CITY. The CONSULTANT shalt be allowed to keep mylar reproducible copies for the CONSULTANT'S own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the CITY. N. Upon signing this agreement, CONSULTANT acknowledges that Section 362.5 of the Iowa Code prohibits a CITY officer or employee from having an interest in a contract with the CITY, and certifies that no employee or officer of the CITY, which includes members of the City Council and CITY boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Professional Coverage -The CONSULTANT agrees at all .times material to this Agreement to have and maintain professional liability insurance covering the CONSULTANT'S liability for the CONSULTANT'S negligent acts, errors and omissions to the CITY in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Item I $ 52,000.00 Item II $ 56,000.00 Total $ 108,000.00 UFiRGCRNASIDATAU'ROJN91130JWDMINWGR-012909-ICGAS.DOC Page 5 Payment Schedule: CONSULTANT shall bill CITY monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of -CITY'S receipt of invoice. If CITY fails to make monthly payments due CONSULTANT, CONSULTANT may, after giving seven (7) days' written notice to CITY, suspend services under this Agreement until CITY has paid in full all amounts due. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOI By: Title Date: ~ /o ~ ATTEST: ~zu~x~ ~. °~~•U~ City Clerk FOR THE CONSULTANT By: ~ ~ ~~---~ Title: Y' ~,r • ~,Gs. ~r~ ~ _ Date: o ~~a 9 ~~? oo \WRGCRNAS\DATA\PRQI\191130JWDMINWGR-012909-ICGAS.DOC Page 6 OPINION OF PROBABLE COST LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION IOWA CITY LANDFILL AND RECYCLING CENTER Item Descri tion of Work Unit Estimated Quanti Unit Price Extension 1 Mobilization and General Project Administration LS 1 $ 30,000.00 $ 30,000.00 2 Well Head Assembly EA 9 $ 1,000.00 $ 9,000.00 3 Header Pipe, SDR-17 HDPE, 6" Dia., Solid LF 1,540 $ 25.00 $ 38,500.00 4 CMP Road Crossing (Header Protection) LF 270 $ 20.00 $ 5,400.00 5 Header/Leachate Cleanout Pipe Connection EA 3 $ 1,000.00 $ 3,000.00 6 LFG Collection Trench LF 4,770 $ 50.00 $ 238,500.00 7 HDPE Leachate Manhole (MH-AA), including 12" Valve EA 1 $ 15,000.00 $ 15,000.00 8 HDPE Leachate Manhole Inspection Ports and Misc. HDPE Manhole Improvements LS 1 $ 3,000.00 $ 3,000.00 g Access Road Class A Crushed Stone Aggregate Ton 100 $ 30.00 $ 3,000.00 $ 345,400.00 _ C~ ~~~ t~ ~' -; ~ °~ --i C7 0~ ~ ~ ~~~~ ~ O~ ~ ~ %~ ao D rv t,n C:\Documents and Settings\DScott\Local Settings\Temporary Internet Files\OLK1 DA8\Cost Opinion-LFG09.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. p µ C) ;: -n y --d t°~ .~ ~ ra s ~,.. , `~ ~ rn r~ :.:: ~.~ 4 w PROJECT MANUAL FOR LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION IOWA CITY LANDFILL AND RECYCLING CENTER IOWA CITY, IOWA 2009 \\HRGCRNAS\DATA\PROJ\191130J01\SPEC-LFG09\00001_COVER.DOC Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa CERTIFICATION 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 unde~the law~f the State of Iowa. ~ ~ ~,,,. ~ Date: 3 2 3 ~ ~ Jon E. Scharf, P.E. License Number: 11786 My renewal date is: December 31, 2009 Pages or sheets covered by this seat: Entire Bound Document a ~..~ ~= ~~ ~. ~ ~~-.~ -Ti rv ~- -~ a ~ ~ ~ ~ ~ 00002-1 CERTIFICATION Project Manual for Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center General Table of Contents DIVISION 0 -BIDDING AND CONTRACT REQUIREMENTS 00105 00106 00200 00412 00430 00490 00500 00610 00670 00700 00800 00820 Page No. Advertisement For Bids .......................................................................... ... 00105-1 to 3 Notice of Public Hearing ......................................~.................................. ..........00106-1 Instructions to Bidders ............................................................................ ...00200-1 to 6 Form of Proposal .................................................................................... ... 00412-1 to 3 Bid Bond ................................................................................................. .......... 00430-1 Notice of Award ...................................................................................... ... 00490-1 to 2 Form of Agreement ................................................................................. ... 00500-1 to 2 Performance and Payment Bond ........................................................... ... 00610-1 to 2 Notice to Proceed ................................................................................... .......... 00670-1 General Conditions - EJCDC No. C-700 (2002 Edition) ...................... . 00700-1 to 41 Supplementary Conditions ..................................................................... . 00800-1 to 10 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 Note to Bidders ................................................................................. ....~........ -1 a ...~ ,~, DIVISION 1 -GENERAL REQUIREMENTS ''~ -°~ w ~- _..q ~r"} CA 01010 01225 01295 01315 01330 01350 01360 01500 01600 01722 01780 Summary of Work ...................................... Measurement and Payment ...................... Schedule of Values ................................... Coordination and Meetings ...........~........... Submittals .................................................. On-Site Health and Safety Requirements. Project Record Documents ....................... Temporary Facilities and Controls ............ Material and Equipment ............................ Surveying ................................................... Contract Closeout ...................................... ............................................ l7.1~~10-'~0 5 ........................................... ~1~25-~0 5 ............................................11Y1295-4Jo 2 ............................................ 01315-'~''t'o 2 ............................................ 01330-1 to 5 ............................................ 01350-1 to 4 ............................................ 01360-1 to 3 ............................................ 01500-1 to 3 ............................................ 01600-1 to 4 ............................................ 01722-1 to 3 ............................................01780-1 to 3 TABLE OF CONTENTS 00003-1 Project Manual for Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center General Table of Contents DIVISION 2 -SITE CONSTRUCTION Page No. 02062 Filter Aggregate ......................................................................................... 02062-1 to 2 02232 Site Preparation ........................................:................................................02232-1 to 3 02316 Trenching, Backfilling and Compaction .....................................................02316-1 to 6 02628 HDPE Manhole Structures ........................................................................ 02628-1 to 4 02629 Plastic Piping and Appurtances ................................................................ 02629-1 to 4 02721 Aggregate Paving ......................................................................................02721-1 to 2 DRAWINGS (Not Bound) C-01 Index and Cover Sheet C-02 Existing Conditions C-03 Horizontal Well 2009 Expansion Layout C-04 Details C-05 Details rte. M „~ ^ 1,,,~ ~ ~= -+~ ..J ,?~- ...I N U F-- ""' >- C~ O TABLE OF CONTENTS 00003-2 Division 00 BIDDING AND CONTRACT DOCUMENTS _ C~ ~ ~: ~~~ n ":' -fi :. ~ ~~ .~; N -- -~ t) -d: f"' C?+ rl { ~_ ~ ~ 3> N o~ Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 lows City Landfill and Recycling Center Iowa City, Iowa ADVERTISEMENT FOR BIDS LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION 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 12th day of May, 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 19th day of May, 2009, or at a special meeting called for that purpose. The Project will involve the following: Landfill gas extraction system expansion at the Iowa City Landfill and Recycling Center. O -.. This includes installation of horizontal gas :~~ ~ --~ 'Tl wells, well heads, and various modifications to - ' -1 :''~~ ... the existing collection system. . ~ '"~ w ~- -~~~ ~ > ~ `' ~ AA work is to be done in strict compliance with = ~ ~. "'~ the plans and specifications prepared by Howard ~ ~7 R. Green Company, 8710 Earhart .Lane SW, ~„ ~ ~? Cedar Rapids, IA 52404, which have heretofore ;Y N 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 shah 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 ADVERTISEMENT FOR BIDS 00105 - 1 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa exceed fifteen (15) calendar days foNowing 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 alf 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 M `~ ~' Project: ~ 0 Q ~ -- Completion Date: July 3, 2009 Li id t d D $1 000 d ;~ qu a e amages: , per ay W ~ >= The plans, specifications and proposed contract ~ ~ U E...,- documents may be examined at the office of the --- ~ ~ L' City Clerk. Copies of said plans and specifications ~- ~ ,~~", and form of proposal blanks may be secured at =~ Q the Office of Howard R. Green Company (Attention Pam Denison), 8710 Earhart Lane SW, Cedar Rapids, IA 52404, by bona fide bidders. A $40.00 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 April 28, 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). ADVERTISEMENT FOR BIDS 00105 - 2 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 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 _ r~.f ~. ~W~ :'' ~ t 1 ~ ~ .~~ -'~: C ~ ~ „I~ ~ D N tT ADVERTISEMENT FOR BIDS 00105 - 3 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION PROJECT AT THE IOWA CITY LANDFILL AND RECYCLING CENTER TO ALL TPJCPAYERS 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 Gas Collection System 2009 Expansion Project in said city at 7:00 p.m. on the 20th day of April, 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. -°' = a ~ `' Any interested persons may appear at said - ~~ 7,. ~ meeting of the City Council for the purpose of O ;~ making objections to and comments concerning ~ r"~ said plans, specifications, contract or the cost of D rv making said improvement. Q` 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 NOTICE OF PUBLIC HEARING 00106 - 1 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 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 Contact Documents. Q ~~ ARTICLE 3. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND SITE.> :~r~ ~, '~'I 4-.y ...,,•~ N 3.1 It is the responsibility of each Bidder before submitting aBid: - a ~"~ °` ~ ~._ ' m x,. A. To examine thoroughly the Contract Documents and other related data ide~~d in~he Bidding Documents (including "technical" data referred to below); D N 01 B. To visit the site to become familiar with local conditions that may affect cost, progress, or performance, of the Work; C. To consider federal, state, and local laws and regulations that may affect cost, progress, 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. 191130J01 Landfill Gas Collection System 2009 Expansion 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 #o the site is based upon information and data furnished to the r. Owner and the Engineer by the owners of such Underground Utilities or others, and neither ~' the Crner nor the Engineer assume responsibility for the accuracy or completeness thereof. ~+ :,~ ~.5 ~ Prc~i~tons concerning, responsibilities for the adequacy of data furnished to prospective Bice on subsurface conditions, Underground Utilities, and other physical conditions, and --~ N po~s~le changes in the Contract Documents due to differing or unanticipated conditions ~ ~: appear m the General Conditions. ;:: t3 3.6 ~~ Befof~ .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. 191130J01 Landfill Gas Collection System 2009 Expansion 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 (i# 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. B!D 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 Advertisement for Bids. 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 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 addresse.~1, as follows: c~ City of Iowa City, Iowa °`'" _-, ~a ~ ~ Attn: City Clerk ' '~ ~ °` ~""' 410 East Washington Street ..~ ~ ~ Iowa City, Iowa 52240-1826 ~ r~ ©'~~ Bids shall be filed prior to the time and at the place specified by the Advertisement ~s Bids id ~ proposals received after the time for opening of bids will be returned to the bidder unopene ARTICLE 5. DISQUALIFICATION OFBIDDERS. 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, orfrom submitting a Bid directly for the Work. INSTRUCTIONS TO BIDDERS 00200 - 3 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa Ciry, 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 specified or described in the Contract Documents by using the. name of a particular Supplier and the nart~ is foil wed by the words "or equal, the procedure for the submittal of substitute or "Or equal" procts i met forth in the General Conditions and may be modified in the Supplementary ®Con itioneiD supplemented in the General Requirements. 11.jART~LE~.~OMPETENCY OF BIDDERS. In selecting the lowest responsive, responsible Bidder, JconsfAeraj,will be given not only to the financial standing but also to the general competency of the ~dde Uo~the performance of the Work covered by the Bid. AR7~LE 9.~UBMISSION OF BIDS. The Bid shall be delivered by the time and to the place stipu ated 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 in form. Bonds shall be issued by a surety authorized to do business in the State of Iowa. ARTICLE 11. DISCREPANCIES IN BIDS. to 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 INSTRUCTIONS TO BIDDERS 00200 - 4 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa product of the unit price and quantity, the unit price shall govern and the amount will be corrected 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, ortelephonic 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 modi#ications or corrections render the bid security inadequate or if not accompanied by sufficient-addition bid security. ~ '*' ~~ n ~ If a Bidder has requested in writing to withdraw its Bid, said Bidder may submit a dif~-ept B~and~, bid security any time prior to the time set for receiving proposals. =.E ~; ca. .~ ~ ~~_ t'i'1 ARTICLE 14. AWARD OF CONTRACT. Award of the contract, if awarded, will b ~~ de ~ the lowest responsive, responsible Bidder who's Bid complies with the requirements o Cd~4tract Documents. Unless otherwise specified, any such award will be made within the perio~stated~ the Advertisement for Bids that the bids are to remain open. Unless otherwise indicated, a single sward 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 wilt 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 ten (10) calendar 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 INSTRUCTIONS TO BIDDERS 00200 - 5 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa lowest responsive, responsible Bidder refuses or fails to execute the 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. Bidders, Subcontractors, and Suppliers are encouraged to attend and participate in a pre-Bid conference as scheduled in the official Advertisement for Bids. Representatives of Owner and Engineer will be present to discuss the Project. Engineer will transtn~t to aNtprospective Bidders of record such Addenda as Engineer considers necessary in respc~bse t~ estions arising at the conference. Oral statements may not be relied upon and will ~ot b~~, bin~n or legally effective. ~~ RT E 2~?~LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in ~ e S~pple~riMary Conditions. ARTIf>LE 2~.~EDERAL TAX ID NUMBER. Each bidder shall state its Federal Tax Identification Num ~- on thE'line provided on the bid form. The Owner is required to report to IRS on Form 1099 all payments involving labor or services provided by vendors, and lack of this number may delay contract payments 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 Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa FORM OF PROPOSAL LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION 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°t4~ w~dc contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting sG'ctt woi~? ~ ~ -~: N „~. . ~..; ~ ~ o %~ ~ ~: coo ~ ~ a. FORM OF PROPOSAL 00412 - 1 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa Item No. Description of,Work Unit Estimated Quantity Unit Price Total Mobilization and General 1 Project Administration LS 1 $ $ 2 Well Head Assembly EA 9 $ $ Header Pipe, SDR-17 HDPE, 3 6" Dia., Solid LF 1,540 $ $ CMP Road Crossing 4 (Header Protection) LF 270 $ $ r` M .~ ~ Head eachate Cleanout Pipe ® 5 ~ Corrtkb on EA 3 $ $ ~ ;.: N ~~ 6 ~ LFC~C~ection Trench LF 4,770 $ $ .,.:r: __~h ~~' V ~A ~,1 V" ~Y E';~, HDPE~achate Manhole 7 ~`' (MH-AA), Including 12" Valve EA 1 $ $ Leachate Manhole Inspection Ports and Misc. HDPE Manhole 8 • Improvements LS 1 $ $ Access Road Class A Crushed 9 Stone Aggregate Ton 100 $ TOTAL OF BASE BID $ FORM OF PROPOSAL 00412 - 2 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion 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: _ Q w..,, Signature: ~~~ ~' Printed Name: --- ~ a~ ~ ~ Title: ~`~ ~ :~. cx~ Address: p N Phone: Contact: FORM OF PROPOSAL 00412 - 3 Howard R. Green Company Landfill Gas Collection System 2009 Expansion. Project No. 191130J01 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. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in the event that the Principal fails to execute the contract and provide the bonder as provided in the Project specifications or as required by law. ~j The Surety, for value received, hereby stipulates and agrees that the obligbhs maid -^~ Surety and its bond shall in no way be impaired or affected by any extension of tlie; fine t'~thin -°-- which the Owner may accept such Bid or may execute such contract documents, an~t,~eid ~irety ~ does hereby waive notice of any such time extension. - ~ ~'" ~ rn ~ The Principal and the Surety hereto execute this bid bond this `j ~ da~?of D N A. D. , 2009. °~ (Seal) Witness Principal By (Title) (Seal) Surety By Witness (Attorney-in-fact) Attach Power-of-Attorney BID BOND 00430 - 1 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa NOTICE OF AWARD TO: PROJECT DESCRIPTION: Landfill Gas Collection System 2009 Expansion, 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 , 2009. CITY OF IOWA CITY, IOWA ~-y _~ 7.~ ~.j _ ~~ ~ r Title x- O~ D iv o~ NOTICE OF AWARD 00490 - 1 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 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 By Title ~© (~ ~ .~ w ~o ~~ U ~- ..' c~: w~ 2009. NOTICE OF AWARD 00490 - 2 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 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 , 2009, for Landfill Gas Collection System 2009 Expansion, 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 b. c. Drawings; Specifications as listed in the General Table of Contents die P..~ject Manual; ~~t ~ ~ ,,,,,,,,, d. Advertisement for Bids; ~'` -`~ N ~°"' e. Notice of Public Hearing; -`~ ~ ~ °~ f. m Note to Bidders; ' g. Restriction on Non-Resident Bidding on Non-Federal-Aid Proje~t~ ~ h. Contract Compliance Program (Anti-Discrimination Requireme~s); i. Instructions to Bidders; 4 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 Landfill Gas Collection System 2009 Expansion Project No. 191130J01 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 CI ,~ c>b ~ o Cagy :~ w ~ ~ .... ~ ~ tl. ; „~ ~„` Mayor C~ ATTEST: 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 Landfill Gas Collection System 2009 Expansion Project No. 191130J01 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. -- O .~ WHEREAS, Contractor has, as of ,entered into a~Nr+ttten ~ ,,,,,, ;-, -~ _ ~v (date) ....~ !", C.7~ Agreement with Owner for the Landfill Gas Collection System 2009 Expansion Projex;'t;~nd ~„ WHEREAS, the Agreement requires execution of this Performance and Pay^~it Bpi, to be completed by Contractor, in accordance with plans and specifications prepared ~i~'r How~d R. Green Company, which Agreement is by reference made a part hereof, and the agreed~apon 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 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. 191130J01 Landfill Gas Collection System 2009 Expansion 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 Contrac# 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. r~+'r SIGI>~D AND SEALED THIS DAY OF , 2009. bia ~ IN~~ PRESENCE OF: ~ N U ~= (Principal) ~ c~ ~ ,. - ~. ~~ ~ Q Witness - (Title) (Surety) Witness (Title) (Street) (City, State, Zip) (Phone) PERFORMANCE & PAYMENT BOND 00610 - 2 Howard R. Green Company Project No. 728170J01 TO: Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00670 NOTICE TO PROCEED DATE: Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 410 East Washington Street Iowa City, Iowa 52240-1826 N o ~' ~~ ~ .~ ~ ~` N _~ r? n'' ~ m ;o © ~~ cx~ y N o~ You are hereby notified to commence WORK in accordance with the Agreement dated 2009, on or after .The date of completion of all WORK is 2009. HOWARD R. GREEN COMPANY ACCEPTANCE OF NOTICE By Title Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: By Title this the day of , 2009. 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 w National Society of American Society ~~, ~,,, ~'' ~,,, Ptc>fessio~ral Engineers ~~~,~ of Givi1 Engineea~s _ _ __ . A~ew~ca~ Ctsa~cu. <e }.;t:~xr_iaamK ~ .~h~n_ f /iil8$S1Df181 fRQIBEC/S f!7 Pf7VR1B f f8C11F.f~' 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 ~ r~.,a ~~ ~ . ~ N~ ~ This document has been approved and endorsed by ~~~ ~'' ' _ tU ~~ _;; t: .~:; r"_ tit CT ~ d :~ ~ x coo I~ t^J v The Associated General Contractors of America *!~`) Koo~eaae ar Creating ~~fJ ena s~;~ q7e Built EmreonmeM Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. An rights reserved. 00700 - t Copyright ©2002 ~o ~ 3O `~ National Society of Professional Engineers t ~ Q 1420 King Street, Alexandria, VA 22314 LJ 'c~ ~ American Council of Engineering Companies N U a-. 1015 15th Street, N.W., Washington, DC 20005 ,.~„ >- U F y ,~ American Society of Civil Engineers U,~. 1801 Alexander Bell Drive, Reston, VA 20191-4400 O These General Conditions have been prepared for use with the Suggested Forms 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 Supplementary 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 O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2 TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY ................................................ .........................................................6 1.01 Deftned Terms .......................................................................................... .........................................................6 1.02 Terminology ............................................................................................. .........................................................8 ARTICLE 2 -PRELIMINARY MATTERS ................................................................. .........................................................9 2.01 Delivery of Bonds and Evidence of Insurance ............................................ .........................................................9 2.02 Copies of Documents ................................................................................ .........................................................9 2.03 Commencement of Contract Times; Notice to Proceed .............................. .........................................................9 2.04 Starting the Work ..................................................................................... .........................................................9 2.05 Before Starting Construction .................................................................... .........................................................9 2.06 Preconstruction Conjerence ...................................................................... .........................................................9 2.07 Initial Acceptance of Schedules ................................................................. .........................................................9 ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............ .......................................................10 3.01 Intent ........................................................................................................ .......................................................10 3.02 Reference Standards ................................................................................. .......................................................10 3.03 Reporting and Resolving Discrepancies .................................................... .......................................................10 3.04 Amending and Supplementing Contract Documents ................................... :......................................................1 1 3.05 Reuse of Documents ................................................................................. .......................................................11 3.06 Electronic Data ........................................................................................ ....................................................... l 1 ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ..................................... ....................................................... I 1 4.01 Availability of Lands ................................................................................. ....................................................... l t 4.02 Subsurface and Physical Conditions ......................................................... .......................................................12 4.03 Differing Subsurface or Physical Conditions ............................................. .......................................................12 4.04 Underground Facilities ............................................................................ ~.... ............................................ 13 4.05 Reference Points ....................................................................................... ..............................."' ~....13 4.06 Hazardous Environmental Condition at Site .............................................. .... ................................ 13 -- ;~, 141 ~ ~ ARTICLE 5 -BONDS AND INSURANCE ................................................................. a....... ... ............................. ... ..... 14 5.01 Performance, Payment, and Other Bonds .................................................. .................................~...:,•......~... ~,.~ ~ 15 . 5.02 Licensed Sureties and Insurers .................................................................. ~.......p. ,... .................................~,,, 15 5.03 Certificates of Insurance ........................................................................... I Li bili ' ...................................~.F-:.............. .C.I?....... ~.. I S ...'.. 5.04 nsurance ............................................................... a ty Contractor s , .............................. 16 5.05 Owner's Liability Insurance ..................................................................... ,~ ,. ~.. .................................. 5.06 Property Insurance .................................................................................. Ri h W i .....................................x.................16 9~J .17 ...........................~............ 5.07 ts ...................................................................................... ver of g a ~ ........ 5.08 Receipt and Application of Insurance Proceeds ........................................ ........................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace ........................... ........................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer ......................... ........................................................18 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES ............................................. ........................................................18 6.01 Supervision and Superintendence ............................................................. ........................................................18 6.02 Labor; Working Hours ............................................................................ ........................................................18 6.03 Services, Materials, and Equipment ......................................................... ........................................................18 6.04 Progress Schedule ................................................................................... ........................................................18 6.05 Substitutes and "Or-Equals" ................................................................... ........................................................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 6.11 Use of Site and Other Areas ..................................................................... ........................................................22 6.12 Record Documents .................................................................................. ........................................................22 6.13 Safety and Protection ............................................................................... ........................................................22 6.14 Safety Representative ............................................................................... ........................................................23 6.15 Hazard Communication Programs ........................................................... ........................................................23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 6.16 Emergencies .................................................................................................:..................................................23 6.17 Shop Drawings and Samples ............................................................................................................................23 6.18 Continuing the Work ........................................................................................................................................24 6.19 Contractor's Genera! Warranty and Guarantee ...............................................................................................24 -6.20 Indemnification ...............................................................................................................................................24 6.21 Delegation of Professional Design Services .....................................................................................................25 ARTICLE 7 -OTHER WORK AT THE SITE ....................................................................................................................25 7.01 Related Work at Site ........................................................................................................................................25 7.02 Coordination ...................................................................................................................................................26 7.03 Legal Relationships .........................................................................................................................................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 „p Limitations on Owner's Responsibilities ..........................................................................................................27 8.10 t?y'1 Undisc#i'sed Ha2ardous Environmental Condition ............................................................................................27 8.11 i~ Eviagrr&~ of Financial Arrangements ................................................................................................................27 ICL - E)IEER'S STATUS DURING CONSTRUCTION .................................................................................27 .O1 O ''~~'}}'s-.~Representative ...................................................................................................................................27 .02 .,p vis~~4~Site ....................................................................................................................................................27 x.03 N Pro'ec~epresentative .....................................................................................................................................27 9.04 ~ Aut~vr~d I~ariations in Work .........................................................................................................................27 ~.OS Reje`ct' Defective Work .................................................................................................................................27 9.06 cs, Shop .twings, Change Orders and Payments ................................................................................................28 9.07 ~ Determritations for Unit Price Work ................................................................................................................ 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .................................................28 9.09 Limitations on Engineer's Authority and Responsibilities .................................................................................28 ARTICLE 10 -CHANGES IN THE WORK; CLAIMS ...........:..........................................................................................28 10.01 Authorized Changes in the Work .......................................:..............................................................................28 10.02 Unauthorized Changes in the Work ..................................................................................................................29 10.03 Execution of Change Orders ............................................................................................................................29 10.04 Notification to Surety ................................................................................................................:......................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 oJContract Times ...............................................................................................................................33 12.03 Delays .............................................................................................................................................................33 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33 13.01 Notice of Defects ............................................................................................................................................. 33 13.02 Access to Work ................................................................................................................................................33 13.03 Tests and Inspections .......................................................................................................................................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 of 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 C-700 Standard Genersl 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 Inspection ............................................................................ ..................................................................38 14.07 Final Payment ............................................................................... ..................................................................38 14.08 Final Completion Delayed ............................................................. ..................................................................39 14.09 Waiver of Claims ........................................................................... ..................................................................39 ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION ................... ..................................................................39 15.01 Owner May Suspend Work ............................................................. ..................................................................39 15.02 Owner May 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 ........................................................ ..................................................................4 i 16.01 Methods and Procedures ............................................................... ..................................................................41 ARTICLE 17 -MISCELLANEOUS ................................................................. ..................................................................41 17.01 Giving Notice .................................:.............................................. ..................................................................41 17.02 Computation of Times .................................................................... ..................................................................41 17.03 Cumulative Remedies .................................................................... ..................................................................41 17.04 Survival of Obligations .................................................................. ..................................................................41 17.05 Controlling Law ............................................................................ ..................................................................41 17.06 Headings ....................................................................................... ..................................................................41 _ Q ~ <'i -~ ~ .~, ~-- ~.~ y Iv cx~ EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 5 GENERAL CONDITIONS ARTICLE I -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 Contr.~t Documents. M Q (~j 2. Ament--The written instrument which is vide of t~ ~reement between Owner and Contractor ~overg theCl~prk. -.i ?- J ~ U h- tV 3. anon for Payment--The form acceptable ~to Ef~meerClit is to be used by Contractor during the courst~-of t~ ork in requesting progress or final pa s and which is to be accompanied by such suppY~ng documentation as is required by the Contract Documents. 4. Asbestos--Any 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. Change 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. 10. 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. 11. 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 11.O1.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 l 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 substantial 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 time to time. 24. Laws and Regulations; Laws or Regtilations- -Anyand 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 all 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 Documents 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 Section 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 establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals--A~tth dule,~epared and maintained by Contractor, of requi~e~ubmik~'pls an~ the time requirements to support schedul'e~ peri`o?mance... of related construction activities. ~`~ -~~' N ("' 40. Schedule of Values--A s~~ir~}tle, ~gpare I' and maintained by Contractor, allocati~rtions of th Contract Price to various portions of tl~ ork ~ used as the basis for reviewing Contractor'$rApplicat~i0tts 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. Specifications--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. ~6. Succ~sful Bidder--The Bidder submitting a respon i~ BidXto~v~,vhom Owner makes an award. ® ~ ~47. S~p7ementary Conditions--That part of the R.~ontract Docu~eltts which amends or supplements these .,,(~ener~ond~dn~s. ~- c~ r - U ~~'~,,48. p~"ier--A manufacturer, fabricator, suppli- er, dis~butot;-~r~tterialman, or vendor having a direct contra~bwith C~tractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, 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 ko 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 from 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 - recommendation 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 (or EJCDC. All rights reserved. 00700 - 8 E. Furnish, Install, Perform, Provide 1. 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 ojBonds 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 Copies of Documents 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 Bid 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 Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contra® Price a~ subdi- vides the Work into component parts it~at(flicienk~etail to serve as the basis for progress :~a3~ment;~duringn performance of the Work. Such prig dill ir~i tde ""'~ appropriate amount of overhead and laces apptboable each item of Work. `~: r" JJJ ~~~ ~~i 0 ~7 2.06 Preconstruction Conference ,~.~ ~~ p4 A. Before any Work at theySite is meted, 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 Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.OS.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 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. vD ~ Q ARTI~E 3 ~ITRACT DOCUMENTS: INTENT, ~MEIINGJSE W ~.01 Nlnte~t ~.~.. ~' p... .a-,w A. '~ ontract Documents are complementary; what ~requtre y one is as binding as if required by all. cti --- B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, 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. 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 Contract 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 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or 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 clarification. Engineer's written interpretation or 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 CONDITIONS; HAZARDOUS ENVIRONMENTAL....CONDIONS; REFERENCE POINTS ~ "~' ~~ ~ '~ -`~ i~J 4.01 Availability of Lands ~{ ~~ cT• ~.,~ A. Owner shall furnish the 3ite{Tpwn~shall~ notify Contractor of any encumbrances ~tjr~trictions not of general application but specifically rel,~e~to us$~f the Site with which Contractor must comp~3+ m perfiaQning the Work. Owner will obtain in a timely manner i~ 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 fhe 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. Copyright ©2002 National Society of Professional 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 Contra Documents. Such "technical data" is identified in thejppleme~ary Conditions. Except for such reliance on su~"techni~ data," Contractor may not rely upon or (''''~~ake any c against Owner or Engineer, or any of heir late tlrities with respect to: ~} ...,,~ ~ 1. t~ ~mpleteness of such reports and drawings """for C~atract~br'~purposes, including, but not limited to, -any ,~spect~ ~' the means, methods, techniques, sequg~ces, procedures of construction to be employed by tractor and safety precautions and programs inci ent 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. 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 Cherewith (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 O 2002 National Society 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 A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, 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 monument is lost or destroyed or requirasarelocation because of necessary changes in grg~es or ld'tions, and shall be responsible for the acct ssaC'~ replagemen relocation of such reference dui#s c prope t monuments by professionally qualift~§i-ISersor}t,~l. ~., (~ CT 4.06 Hazardous Environmental Eehl,,,ldition~t Site ~~ ~ A. Reports and Drawings: ~•enc made to the Supplementary Conditions for a ident,~ftpation of those reports and drawings relati g to a ardous 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 General 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. Contra for shall be responsible for a Hazardous Envirmental ~ondition created with any materials brougJ~ to th~ Site by Contractor, Subcontractors, ~~''""~~Supp lers, ~ ~yone else for whom Contractor is ~respoble. ~ -- ,_.I }: ,...N .~ D. ~1~' Contractor encounters a Hazardous '""""' Envl~tlmeritalC:~ondition or if Contractor or anyone for who Con~rast~r is responsible creates a Hazardous Env}}~~onmedtA~ondition, Contractor shall immediately: (i) sire or oA~rwise isolate such condition; (ii) stop all Wor c~in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition 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. 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 make 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 F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to .Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. 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, LI.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.O1.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 maintain. 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 forth 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 offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of us~.rgsulting therefrom; and ~f,,~-" n ~° f,"? 6. claims for damages becauserei~odil~~jury or~ death of any person or property dama~~tsing ~t of tt>,~. ownership, maintenance or use of any pj.~kor veh®I.e. 11 t`"' B. The policies of insurance...r~uirec~iy thi® Paragraph 5.04 shall: ~ ~ 1. with respect to insura[~ce regd 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 reserved. 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 ~O 7. with respect to completed operations insur- ance, a~i d any ~surance coverage written on a claims- madc~sis, ~er4lein in effect for at least two years after ~inal rneti'L O W - .p a. (moo 'tractor shall furnish Owner and each other ,,.,,,,,, ~ additi~al insured identified in the Supple- (~ ~ meptar~t Conditions, to whom a certificate of ins a has been issued, evidence satisfactory to er and any such additional insured of ti+ contimxation 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 them, 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 form 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- cally required 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. rUI 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 and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject 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 distr~te it in accordance with such agreement as tt~parties interest may reach. If no other special agreets~rttlis rea~ied, the damaged Work shall be repaired or rt~at,"ed, toney'~'~ so received applied on account thereos~ the Work a the cost thereof covered by an appropr~~~han~Orde~ r-- B. Owner as fiduciary shall hav owe~p adj~ and settle any loss with the insurerst~~ess o~~ of the parties in interest shall object in writ~g withiri"15 days after the occurrence of loss to Ownet~"s exercl~,of this power. If such objection be made, Owner as ` tduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may 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; Option to 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. All 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 it~}rers prq~iding the property insurance pursuant to Parag~ph S~~ave acknowledged notice thereof and in writing eff any changes in coverage necessitated ~there~ Thtwnsurers providing the property insurance hall consen endorsement on the policy or policies, ~ut t~pro~ insurance shall not be canceled or ....perm[ to ~a on account of any such partial use or U O ARTI~CE 6 -CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision 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 Society 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 General 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 circumstances described below. 1. "Or-Equal " Items: If 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 written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the tions and achieve the result called~r by the general design, ~ ° ~ ~^' ~> ~ v ~ b) be similar i~sii'bstarts0 to specified, and -_; C"? ~` _~: r•- a~ gay c) be suited to tl~ Mme as specified; ~' tV 2) will state: t 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 EJCDC 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 substi~t mea method, technique, sequence, or proced~ite ctfG nstruction approved by Engineer. ontr or s14~1 ubmit sufficient information to allow nginr, in ~~neer's sole discretion, to determine that e su,~titutt{,~eposed is equivalent to that expressly alled~fby- by ~jt~ontract Documents. The requirements ~or rew byl-Eq~ineer will be similar to those provided m Par~kaph A.2. r.C. "Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.OS.A and 6.OS.B. 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 6.05.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 Ezpense: 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 Subeontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©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 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 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 the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices req d by and shall comply with all Laws and Regp"~ations a~lica- ble to the performance of the Work.~.l~Jpcept where - " { Lavand otherwise expressly required by applic~bl e Regulations, neither Owner nor Engit>~ shy be ~"" responsible for monitoring Contractor's cQl~)iancAOvith any Laws or Regulations. -~. ~ ~,,, - ~ R..q J 'h B. If Contractor performs any W ~ ~rtowi~lor .. having reason to know that it is contra to Lavers or Regulations, Contractor shall bear all aims, oe6lts, 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 Taxes 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. 6.11 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. Should any claim be made by any such owner or o~pant because of the performance of the Work, ContlRrtstor shal~romptly settle with such other party by negot~jion ~ ~'herwise resolve the claim by arbitration for other disp~„td_~solution proceeding or at law. !.~ ~ W 3. '~ a fullest extent permitted by Laws and ,~egu~jons, ntractor shall indemnify and hold "'1~artn~s Ov~gr nd Engineer, and the officers, directors, ~partn oyees, agents, consultants and subco~actor each and any of them from and against all cl~-s, 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 all 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.B 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 ~i mittals any related Work performed prior t ngmee~ review and approval of the pertinent submittal be at~the sole expense and responsibility of Contract3~z.`"; C. Submittal Procedures ~;,1 ~ p. r_' 1. Before submitting each ~~ Dr~ing r~ Sample, Contractor shall have determi~ nd v~fied: a. all field measurements, quat~' hies, di>!~tsions, 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 ©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 functioraiprg whole as indicated by the Contract Docu- ments. M d ~~ Enf~lt~r's review and approval will not end me -methods, techniques, sequences, or educe of ~apstruction (except where a 'particular ans, 8t~hod unique, sequence, or procedure of con- ructiot>Cxis spgc ally and expressly called for by the bntrac>ocut~ ) or to safety precautions or programs incident ereto. ~e review and approval of a separate item as ~h will tttft indicate approval of the assembly in which the item functions. 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. Resubmitta! 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 carryon 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 Indemniftcation 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 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, 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 Delegatiott 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 Documents, 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. ~n ~ ARTICLE 7 -OTHER WORK AT THL'S~-T'E ~ ~,~, t7~ 7.01 Related Work at Site - E"~ ~ ~g ~ ~J A. Owner may perform other ~l~relat!~ to the Project at the Site with Owner's employees, or ~ other direct contracts therefor, or have other work perfolS~ted 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 Claim 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 perfi~tance of ther work on the Project at the Site, the follo~ng will.~e set forth in Supplementary Condi- t}Qns: x ~ ~ ~o 1. the,,,,lgdividual or entity who will have au or~ty~CAnd ~~,onsibility for coordination of the vities a~i ong~H>te)various contractors will be identified; .~'* ~' G; ~" the Cs~~ific matters to be covered by such authority~d respd~ibility will be itemized; and c~.+ 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.O1.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.C and 14.07.C. 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 4A2 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 Limitations on 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 the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be ~providn the Supplementary Conditions. . ~; ~ -~ ....; _ ~ 'n 9.04 Authorized Variations in Work `.-, _.;~ N A. Engineer may authorize m~tl~ariatons in~ the Work from the requirements of IThe (~tractt""! Documents which do not involve an ~ ment m the Contract Price or the Contract Times at~ dre co~atible with the design concept of the compls~d Proj as a functioning whole as indicated by the Contract ocu- 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 Defective 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 Documents 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 General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 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 cl~ifications of Unit Price Work performed by Contra~r. Eng er will review with Contractor the Engintf~s pr~1i nary determinations on such matters fore~~~~..''end a written decision thereon (by ~r comm~ndat>~l~of an Application for Payment or herwis>e). E4,gpaeer's written decision thereon will be nal r~i birt~jr~j (except as modified by Engineer to ~reflect~tang@d-~~ctual conditions or more accurate data) upon Owner ~ ontractor, subject to the provisions of Paragl~h 10.05 c~+ 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work 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 to 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 Documents. 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 10 -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 General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00'700 - 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.O1.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 claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineert^w~ill rev each Claim and, within 30 days after reeyi t of ~ last submittal of the claimant or the last~itta~bf theme opposing party, if any, take one of the ~otC~wing~tions,~ C~ -.~, IV in writing: - ("` _f ~ ~ 1. deny the Claim in whole or iO ~t, 2. approve the Claim, or ~ ~ ~? D t*.J 3. notify the parties that the Engineer is uTi~ble 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. E. Engineer's written action under Paragraph 10.O5.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 16 within 30 days of such action or denial. EJCDC C-700 Standard General 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 because of the event giving rise to the Claim. Excep as- othe ise may be agreed to in writing by Owne~uchaC shall be in amounts no higher than hose wail the locality of the Project, shall include ~nly the folit~g items, and shall not include any of the hosts i~f8mizee(~ip-Paragraph 11.O1.B. "".. `r l"..) ~.,, ~ 1. Ps}~oll costs for employees in the direct empltfy- of Q,,qt~actor in the performance of the Work unde~cheduls~s of job classifications agreed upon by Ownt?•%and Co`ii tractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on 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 maybe obtained. 3. Payments 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 of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for 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 of job classifications referred to in Paragraph 11.O1.A.1 or specifically covered by Paragraph I I.Ol.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 oflices other than Contractor's oflice 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 them 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 11.O1.B. C. Contractor'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.O1.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 ,,,,,~ 4~, b. Contractor's costs for unloa;and ~tdling on the Site, labor, installation:ot~rhea~~ rofit;`"~ and other expenses contempl~d;for ~~casl~ allowances have been included,,,,,,,,` i~the trac Price and not in the allowances~arrtl no demandi~ for additional payment on accgyllft`~f atr~'pf the foregoing will be valid. ~ ~ ~ C. Contingency Allowance ~'' O 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 Society 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 if: 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 prcrease ia[ Contract Price as a result of having incul;r. ddit expense or Owner believes that Owner entitled to ~d~arease in Contract Price and the parties ~e un~e to 8,~ree as to the amount of any such increase decrCe~aVse. ..~r ~- V tx ~RTIC 12~ ~~I-IANGE OF CONTRACT PRICE; CHAN~ OF ~~TRACT TIMES -- r~•+ 12.01 Change of Contract 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 11.03); 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.OI.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of IS 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, I I.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 reserved. 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 time 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 Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal 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 applicable. 13.03 Tests ana Inspections rJ ~„ A. Contractor shall give Engin~tir~,mely~ptice of readiness of the Work for all requifed~"~nspec'~ions, .... tests, or approvals and shall cooperate wit~inspectt~ and testing personnel to facilitate required ins~ns o~tests. frt B. Owner shall employ and pay~l~Dhe ser~"`vices of an independent testing laboratory ~ierfot~Q all. inspections, tests, or approvals required c the CaNtact 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. If 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. 1i1•~. If Engineer considers it necessary or advisable that col0'~red WotdE be observed by Engineer or inspected or testes by ~, Contractor, at Engineer's request, ((''~all u over,(}~~ose, or otherwise make available for ~bservn, i4~k lion, or testing as Engineer may uire~tat pti of the Work in question, furnishing nect>pc~ry 1~»~material, and equipment. c~ ~"- 'Q ~. If ~ ~ found that the uncovered Work is defectiv~,,Contra r shall pay all claims, costs, losses, and da>~es finding 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 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 Frice 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 instructions: 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 terms 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 Engineer'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 Owner May 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. B. 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, and damages (including but not limited to all fees .and ch es of engineers, architects, attorneys, and ot~t r profeonals and all court or arbitration or other c~ftate resolution costs) incurred or sustained by Owner px ,~cercis~fg the rights and remedies under this Paragr~-~~3.09~11 be""~ charged against Contractor, and a Cha~rder~ctll be~ issued incorporating the necessary reYfSions in the Contract Documents with respect to the ~ and~vner shall be entitled to an appropriate decrea~i `he C~tract Price. If the parties are unable to agree a~s~~yb the amount of the adjustment, Owner may make a c,raim ther°~r 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 payments and will be incorporated into a form of Applica- 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 lust be satisfactory to Owner. M Q 2. Wing with the second Application for Paym~, ea t$lpplication shall include an affidavit of ~ontr~or s(~ing that all previous progress payments deceived on attnt of the Work have been applied on ~ccoui~o dlh~erge Contractor's legitimate obligations .assocl~d wi~i ~ior Applications for Payment. ll. -- '~ ~3. 'I~~mount of retainage with respect to progreaymenwill be as stipulated in the Agreement. B. Review ojApplications 1. Engineer 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 Payment 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 subseouent EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 inspections or tests, revise or revoke any such payment 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 1. 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 furnish- 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 a 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 of 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 m~e an inspection of the Work to determine the s~3us of completion. If Engineer does not ci r theWork substantially complete, Engineer will n~ont»tor in~ writing giving the reasons therefor. '` "~' ~ '°O ~ ~'~' hJ ~. C. If Engineer considers the Wi~l~ubstanttally complete, Engineer will deliver to Ownq[i1a tei~tive certificate of Substantial Completion wh ,~-all the date of Substantial Completion. There sha~hle`attac t:d to the certificate a tentative list of items to laa compl~i 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 Society 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 may 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 substa~ally complete, Contractor will certify to Owner and E1P~neer t such part of the Work is substantially comply ands est Engineer to issue a certificate of ~ubstaal Ct~t etion for that part of the Work. W ,,,a. Cq'r~ factor at any time may notify Owner and ..,~rtginitCx,I in ~ri t~r g that Contractor considers any such ~f.''art oftflre Wprk ady for its intended use and substan- lly caplet ")request Engineer to issue a certificate of Subs~-tial~o~letion for that part of the Work. r~ _" 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that 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 1. 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 Engineer 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 Delayed 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 of Claims 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 the 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 resume 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, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time~to time pursuant to Paragraph 6.04); a 2. Contractor's disregard of L ~ ~r RegationS"~°'~ of any public body having jurisdiction;~`~ ~ °'"' N ~°'°. 3. Contractor's disregard of ~~autho ity of~'~ Engineer; or ff1 il3 4. Contractor's violation in an~~stant~ way of any provisions of the Contract Documr~ts. ~ 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 EJCDC 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 inle<tlt to terminate to correct its failure to perform and proce~s dilig ly to cure such failure within no more than daysatSfceipt of said notice. ~- E. ~re Contractor's services have been so ~termi~llted b~?®tvner,, the termination will not affect any ~rights~ir rel,,xle~jes of Owner against Contractor then ~existi~ or ~#ri~ may thereafter accrue. Any retention or paynt~lit of ~teys due Contractor by Owner will not releaContract$l- from liability. r~.+ "' F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph S.O1.A, the termination procedures of that bond shall supersede the provisions 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 may, 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 p 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 40 governed by the Construction Industry Mediation Rules 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.O5.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 10.O5.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 Computation of Times 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 Cumulative 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, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, ~rran- ties, and guarantees made in, require ~ or gi''Gen in accordance with the Contract Documents,-as weds all"q'~ continuing obligations indicated in the ~o„~dtract"~ocu----~ ments, will survive final payment, rye' ^ letio~ and acceptance of the Work or termination o~~mple lon of~ the Contract or termination of the services gE~ont~tor. ©~ 17.05 Controlling Law ~ ~ ~s W A. This Contract is to be governed by thew of the state in which the Project is located. 17.06 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 c:ontrac[. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 41 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 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 wi#h 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 ~ Q ` r ~ ..rte ~• ~ ~ ~~ :~ w 0 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 Landfill Gas Collection System 2009 Expansion Project No. 191130J01 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 Documen#s. 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. ~,r`~NGINEER'S CONSULTANT" ("CONSULTANT") shall mean the consulting engineering ^f"i1'm wi which the OWNER has contracted to design the project and, to prepare plans and °gpecefitions. ~ --. "OW IFR" and "CITY" shall mean the City of Iowa City, Iowa acting through the City Council ~ c~°.~nd ~i authorized agents. CO~ACTING AUTHORITY," "DEPARTMENT OF TRANSPORTATION," or "COUNTY" shall n~gan the CITY. rw -- "IDOT STANDARD SPECIFICATIONS" shall mean the Iowa Department of Transportation "Standard Specifications for Highway and Bridge Construction," Series of 2001, as amended. "FURNISH" 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. 191130J01 Landfill Gas Collection System 2009 Expansion 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 Year'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 Day; the Fourth day of July, known as Independence Day; the first Monday in September, known as Labor Day; the eleventh day of November, known as Veteran's Day; the fourth Thursday in November, known as Thanksgiving Day; and the twenty-fifth day in December, known as Christmas Day. _ rJ '" When an official holiday falls on Sunday, the following Monday shall be desQgp~ted~s a substitute holiday, and observed as an official holiday. When an official holi~~fall~~n a 'T1 Saturday, the preceding Friday shall be designated as a substitute holiday, and'dobs~rved ~--- as an official holiday." -~ ~"' °~ (~ _.~ r-- m S-2 LIMITATIONS OF OPERATIONS. ~ ~ ~ Except for such work as may be required to properly maintain lights and. barricades, or'~er 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 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 Landfill Gas Collection System 2009 Expansion Project No. 191130J01 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: an rr x ~ Type of Coverage (~ ~ CotxllQehensive General Liability Each Occurrence Aggregate N ~dily Injury & Property Damage* $1,000,000 $2,000,000 ,,,_, Aut~Qr~obile Liability Combined Single Limit (,(,~ r-~dily Injury & Property Damage .$1,000,000 Ex, '~ Liability $1,000,000 $1,000,000 Work`er's Compensation Insurance as required by Chapter 85, Code of Iowa. *Property 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 orself-insured retention. SUPPLEMENTARY CONDITIONS 00800 - 4 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 3. If Contractor's liability insurance coverage is subject to any special exclusions qr 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 or is required to obtain replacement coverage from another carrier, Contractor shall either (1) purchase "tail" coverage from its first carrier effective for a minimum of two years after City Council acceptance of the work, or (2) purchase "prior acts" insurance coverage from its new carrier, covering prior acts during the period of this Contract from and after its inception. O ~ d. "Tail" or "prior acts" coverage so provided shall have the same cover, wi~the .,~.~ same limits, as the insurance specified in this Contract, and shall not$e~ubjavat to .,..,. any further limitations or exclusions, or have a higher deductible o~~f-inured ~"' retention than the insurance which it replaces. ..~ r-- ~ rn ~ ,. 5. The City reserves the right to waive any of the insurance requirements hers roved. The City also reserves the right to reject Contractor's insurance if not i omplig~r ce with the requirements herein provided, and on that basis to either award the contrast 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. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa Ci#y 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 dea#h, 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 low~a City, Iowa." S-4 ~1P~t~SION AND SUPERINTENDENCE. uJ . J dd t,$e fol~~i ng to Paragraph 6.01 of the General Conditions: .~. ;,- U ~ t~ntractor shall maintain a qualified and responsible person available 24 hours per ~~ c.ldgy, seven days per week to respond to emergencies which may occur after hours. C~tractor shall provide to Engineer the phone number and/or paging service of this individual." 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. 191130J01 Landfill Gas Collection System 2009 Expansion 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 employmen# 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 include the following clauses in any subcontracts: To discriminate against any individual in terms, conditions, or privileges of employment 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. To discharge from employment or refuse to hire any individual because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, ag~,.or dis~ility unless such disability is related to job performance of such person or employ. ~~ ~~_ ~;.~ S-8 CONTRACT COMPLIANCE PROGRAM (ANTI-DISCRIMINATION REQUIREN~IS).N ~ -1 ~ ~, ~' For all contracts of $25,000 or more, the Contractor shall abide by the requirements-~bf'the City's (9T'1 Contract Compliance Program, which are appended to these Supplementary Conditions, ` egi~aing on page CC-1. ~ ~ cxa ~ w S-9 MEASUREMENT AND PAYMENT 0 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- SUPPLEMENTARY CONDITIONS 00800 - 7 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa staking will be at the Contractor's expense and will be charged at a rate of $75 per hour. 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: f~ The ~Ilowing drawings of physical conditions in or relating to existing surtace and su~ ace structures (except Underground Utilities) which are at or contiguous to the site of Q th Qrk: Drawings, Specifications, and Contract Documents of the previous construction j,~ pro~5 at the site. ~'"" ~ Mis~ce~aneous engineering and landfill regulatory documents on file at Howard R. Green .: Cody. O BThe 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 SUPPLEMENTARY CONDITIONS 00800 - 8 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa percent of the Contract Price and a satisfactory Payment Bond in the amount of 100 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." O , ~, ... ~> n --a- S-17 LIQUIDATED DAMAGES. ~~-~ ~., "T'1 Add the following to paragraph 12.03 of the General Conditions: ~-! ) a , -._ „_ ~ and Contractor recognize that the Owner will suffer financial loss if~l~a worms is O "F wner . not completed within the Contract Times, plus any extensions authorized in,~cCordg4lce with the General Conditions. They also recognize the delays, expense, arm diffices involved in proving in a legal proceeding the actual loss suffered by the Owner i he work is not completed on time. Accordingly, instead of requiring any such proof, the 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 latest edition of the Iowa Code, including revisions." SUPPLEMENTARY CONDITIONS 00800 - 9 Howard R. Green Company Project No. 191130J01 S-20 DISPUTE RESOLUTION. Add the following to 16.01 of the General Conditions: Landfill Gas Collection System 2009 Expansion 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. u1 ~- .~ END OF SUPPLEMENTARY CONDITIONS ~O ~ GL .~ - ~+c W ~ ....,. ~ tic U ~ ~ .r ~ ~a ~ SUPPLEMENTARY CONDITIONS 00800 - 10 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa ADDITIONAL ARTICLES TO THE SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS Page No. Articles p 9 ( Y y) ....................................................... Contract Com liance Pro ram Cit of Iowa Cit 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 O ~~ r..~ ~ ,,,~ V„ J ..f~°,~ ~ ~aMM~ ~~ r".1 7~ t7a D ~ D ADDITIONAL ARTICLES TO THE SUPPLEMENTARY CONDITIONS 00820 Contract Compliance Program ~:~ fl ~' ~, ,~-y ~ ~ ~~ ti"~ - °` ~f ~ ~~~n ~ T a4 ~ W CITY OF IOWA 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: 1. 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, aad con tants are made aware of the City's Contract Compliance Program reporting responsibilities ~.,rece.~e the appropriate reporting forms. A notification of requirements will be included in any requea~t==_{{~~r pr~osal~ and notice of bids. `,-;- `'~ ~ ~°'~ _.~ ~,~ 4. Prior to execution of the contract, the completed and signed Assurance of Compliance ocatg~d on pages CC-2 and CC-3) or other required material must be received and approved by thr. ~r 5. Contracting departments are responsible for answering questions about contractor, c~sultar~nd 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~asstlcontractcompliance.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 regulations (see generally 29 U.S.C. § 1608 et sew.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. uti 3. ~ vide copy of your written Equal Employment Opportunity policy statement. her~~is statement posted? ~~ V ~,. 4. hat is ~e 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\contradcompliance.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 Signature Phone Number Title Print Name Date ..,:; r~ ~.,... ~.z ~ ~ ~"i'I ~~ ~~ D W O mgr\asst\contractcompliance.doc CC-3 SECTION III -SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES 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. RE~2UITMENT m (a) ~ Let $otential employees know you are an equal opportunity employer. This can be done by idying yourself on all recruitment advertising as "an equal opportunity employer". ~I (b) U~yt'cruitment sources that are likely to yield diverse applicant pools. Word-of-mouth recruitment ..oj N wAA fly perpetuate the current composition of your workforce. Send recruitment sources a letter ~- c~ ar~n&~illy which reaffirms your commitment to equal employment opportunity and requests their ~- as~ince in helping you reach diverse applicant pools. (c) ~ Anal~e and review your company's recruitment procedures to identify and eliminate discriminatory """' barriers. (d) Select 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 pertorm 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 ~~~®dJ '+~'lJ4_ ~O Cluj OP ~~ 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 provisi~s .. ~~ of the local ordinance in conjunction with your performance under~a` ~ ~~~ '"P1 contract with the City. ~ ~> °~' ~ ~m ~ ~~ ~' c, 12/01 mgr\asst\contractcompliance.doc CC-5 2-3-1 CHAPTER 3 DISCRIMINATORY PRACTICES 0 ...~ SECTION: 2-3-t: 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 v1 M SL &~ ~ ~ ~2-3~:~' EMPLOYMENT; EXCEPTIONS: ..~ >- NA. ~ ~ shall be unlawful for any employer ~ refuse to hire, accept, register, ~ t-- Us"~.ssify, upgrade or refer for employ- ~nt, or to otherwise discriminate in r., employment against any other person or to discharge any employee be- cause of age, color, creed, disability, 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 identtty, 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 employer, employment agency, labor organiza- tion or the employees or members thereof. to directly or indirectly adver- tise or in any other manner indicate or publicize that individuals are unwel- come, objectionable or not solicited for employment oI membershfp be- cause of age, color, creed, disability, gender .identity, marital status, nation- al origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) 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- Iowa city 897 2-3-1 2-3-1 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 Hurnan 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. F. The foNowing 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 qualifica- 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) 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 employment of individuals to render personal service to the person of the employer or members of the employer's family. 5. To employ on the~iasis sex in those certain instanc Sher-~ ex is a bona fide occupat~o~tat~ qu~~ficati~ reasonably necessary~wkt~t th~norr~ operation of a particClC~ry busdr-ess enterprise. The bona fi~i~ occ~atio qualification shall be +arpr n rowly. ~ ~ w 6. A State or Federal prog~ain 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, 11-8-1994) 897 Iowa City 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: Telephone Number: NOTE: This is a SAMPLE ONLY. You may wish to confer with your EEO officer or legal counsel to formulate a policy which specifically meets the needs of your company. ~ ~4 -~ ur -1 >- J ~ CJ N- ..,.. :~_ C.~ -~: a. ~`. ^., O cam. '- 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 and has conducted transact business in this state and having a place of business within the state, 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 as defined above and will remain such from the start of the project until its completion. COMPANY NAME: ~,~ CORPORATE OFFICER: _ ~ ~:~ ~ „t"~ ~~ ~ TITLE: ''"" - r.a ~'""' -~ C~) ~ ~'' DATE: ~` ~ ~"' ~ ~ a~ ~ ~ 0 3/09 data on cityntlEng/MasterSpecs/frontend.doc R-1 NOTE TO BIDDERS 2. 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 sufFcient favorable references are not verified or may be denied based on past experience on projects with the City of Iowa City. 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 ~•.., .~ ,,. ... :"" . r rr yy~ ~~ ,*"'"j ~ a~ .`^ ~ ys. ~~ ~C C.1E1 Y ~ NB-1 Division 01 GENERAL REQUIREMENTS ,~~ '' ]Y ,~ ~ ..,~.~ ~ t~ ~ ;t7 ;~ OQ 3> w Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01010 SUMMARY OF WORK PART 1 GENERAL 1.01 PROJECT DESCRIPTION A. The Work of this project consists of Landfill Gas Collection System 2009 Expansion at the Iowa City Landfill and Recycling Center, Iowa City, Iowa. Work generally includes: 1. Installation of new LFG horizontal collection wells and header pipe to existing LFG collection system. 2. Connection of existing leachate cleanouts to LFG collection system. 3. Installation of wellheads and flow measuring devices at each connection point to the existing header. 4. New leachate manhole and general upgrading of leachate structures to accommodate LFG collection. 1.02 DEFINITIONS A. Owner: City of Iowa City, 410 East Washington, Iowa City, Iowa 5224.x. Telep~one: (319) 356-5140. Fax: (319). 356-5009. a `~' ~, .- B. Engineer: Director of Public Works for the City of Iowa City, Iowa or ~ ~autl~ izec representative. Telephone: (319) 356-5144. Fax: (319) 356-5009. ~ ~ o~ j,,,~ C. Engineer's Consultant: Howard R. Green Company, 8710 Earhart La ~W, dar~ Rapids, IA 52404. Contact: Jon E. Scharf, P.E., Telephone: (651) 659-,~7~+4 or4~ene Fritch, P.E., Telephone: (319) 841-4304. ~ w 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 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 SUMMARY OF WORK 01010 - 1 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa Documents.. The Work shall be complete, and all work, materials, and services not 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 through third party. 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 M Insurance required to be purchased by the Contractor. 4. ~'he Owner has issued a Notice to Proceed. p1.OG~NOBY OTHERS ~~ --~ c~^~A. v~er's activities within the project area will be concurrent with the Work under this ~ ,~itract. Contractor shall conduct his operations so as to cause minimal interference ~ the work of such other contractors and landfill personnel, and shall cooperate fully c wit_B such 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 at the landfill are OFF-LIMITS to all .Contractor's personnel. 1.08 SEQUENCE OF CONSTRUCTION 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 SUMMARY OF WORK 01010 - 2 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 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 construction schedule. 1.09 WORKING HOURS A. The Contractor's hours of operations are to be Monday 8:00 A.M. through Saturday 6:00 P.M. (less legal holidays). B. The Contractor must request the Owner, in writing, 24 hours in advance of any 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 subsidiayr oblig on of Contractor and no extra payment shall be made by Owner on ac~~unt o~ such overtime work. _ ~ ~; "~1 C. Contractor shall secure the site when working after standard landfill work~lg~hou~. -< +-- 1.10 STORAGE AND CONSTRUCTION AREAS ~ ~ ~ x cxa A. Responsibility for protection and safekeeping of equipment and maters at 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. 1.11 SITE CONDITIONS A. The project site is an active municipal solid waste landfill and as such, conditions are subject to change with time. Vertical control should be expected (and anticipated) to SUMMARY OF WORK 01010 - 3 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 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 M to~nd during prosecution of the Work. a°C. ~ Contractor further acknowledges that he has satisfied himself as to the character, a ity and quantity of surface and subsurface materials or obstacles to be LLN ~ countered insofar as the information is reasonably ascertainable. from an inspection --~ ~ ~f tae sites, as well as, from information presented by the contract Documents, or any ~ Sher information made available to him prior to receipt of Bids. Any failure by the 6'tractor to acquaint himself with the available information will not relieve him from re nsibility for estimating properly the difficulty or cost of successfully performing the Work. The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Owner. 1.12 DIFFERING 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. 1.13 OWNER REPRESENTATIVE 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. SUMMARY OF WORK 01010 - 4 Howard R Green Company Project No. 191130J01 1.14 PERMITS, FEES AND NOTICES Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 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 were legally required at the time bids were received. 1.15 GROUNDWATER MONITORING AND LANDFILL GAS EXTRACTION WELLS A. The locations of ground water monitoring wells and landfill gas extraction wells are indicated on the Drawings. The Contractor shall take all precautions required to prevent damage to these wells. If conflicts arise, resolve these conflicts with the Engineer. B. Costs associated with damages to the ground water monitoring wells and landfill gas extraction wells as a result of Contractor negligence shall be deducted from the Contractor's final pay request. 1.16 BARRIERS ~~ A. Provide as required to prevent public entry to construction areas and to ~tect fisting facilities and adjacent properties from damage from construction operation ..~ ==~ t'~ END OF SECTION _,~ ~-. a` ~ m ~~ 7> w ~.. SUMMARY OF WORK 01010 - 5 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City landfill and Recycling Center Iowa City, love, SECTION 01225 MEASUREMENT AND PAYMENT PART 1 GENERAL _ ~ U ~ 1.01 SUMMARY .~.- _ ^+4/ A. Section Includes: ~ ~w ~ ~.• 1. Basis of Unit Prices and Bid Schedule -~-~ ~ ~ 2. Application for Payment. =°` ~7 ,~. ~` 2. Retainage. ~ ~ 3. Partial Payments. :~'`' 4. Final Payment. ~' "'~'' 5. Change Orders. 6. Measurement and Payment -Unit Prices. 1.02 BASIS Of UNIT PRICES AND BID SCHEDULE 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. 191130J01 Landfill Gas Collection System 2009 Expansion 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 shalt be made based on the Pay Request Form provided by the Owner. C. ~ ~he Application for Payment shall be based on the valuation of the Work done, as ,~ ~ ~rroell as, the materials and equipment not incorporated in the Work, but delivered and ~ ~ ~ ~uitably stored at the site as of the last day of the preceding month. '~ N -- cr D. ~ Flo payment will be made on account of materials and equipment stored at off-site =~ ~j cations without Owner's prior written approval to such payment. Such approval C;3hall contain procedures to establish Owner's title to and protect the Owner's interest `"`' n 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 A. 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. B. Retainage will be retained by Owner until final payment. 1.05 PARTIAL PAYMENT A. Monthly payment estimates will 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 Landfill Gas Collection System 2009 Expansion Project No. 191130J01 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 ~fect cthe Contract Sum/Price and Contract Time with full documentation and;~c$tat~ent ..~ describing the effect on Work by Contractor. ='~' - { ~ .~- =-~ C~ °` - ...~ x 1.08 MEASUREMENT AND PAYMENT (UNIT PRICES) m ~ ~ cx~ A. The quantities set forth in the Bid Schedule are estimates and have beerrovide~to establish a uniform basis for the comparison of bids. Owner reserves the rigltt-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. 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: Mobilization and General Project Administration: a. Mobilization and demobilization activities required for Work, 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. MEASUREMENT AND PAYMENT 01225 - 3 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City landfill and Recycling Center Iowa City, Iowa Also includes all administration, management, and coordination items required 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. Well Head Assembly: a. Well head assembly includes a complete well head installation comprised of all elements, #rom the new header pipe to the existing header stub-up as shown on the drawing details. Includes but is not limited to; piping, fittings, connections, valves, orifice plates, flanges, accessories. Spare orifice plates are incidental to this item. b. Payment for this item will be at the Contract unit price per each unit ~' installed. ~ d ~ ~ ~ Header Pipe, SDR-17 HDPE. 6" Dia. Solid: ~ u~ a. Includes 6" diameter solid HDPE pipe, trench excavation, bedding, and ;~ ~ ~ compacted clay backfill. Incidentals include but are not limited to; butt or ~' ~ • ~ .,„, ~ electro-fusion welding, flange connections, fittings, and testing. If required 4~ ~ for installation, this item also includes sheeting, shoring, and bracing; '°"" c.V?; dewatering and management of leachate; and surface water management. © b. Payment for this item will be at the Contract unit price per linear foot of pipe actually installed. 4. CMP Road Crossing (Header Protection): a. Includes providing 10" diameter CMP for gas header pipe to pass through at road crossings, including compacted bedding and granular backfill. Incidentals include but are not limited to; "Gas Pipeline" marking signs. b. Payment for this item will be at the Contract unit price per lineal foot of CMP provided. 5. Header/Leachate cleanout Pipe Connection: a. Includes connection of the new gas header pipe to existing leachate cleanout pipes. Incidentals include excavation around leachate cleanout, pipe fittings, butt or electro-fusion welding, bedding, replacing clay liner (if excavated in trench), and compacted clay b. backfill. c. Payment for this item will be at the Contract unit price per each connection of gas header pipe to a leachate cleanout. 6. LFG Collection Trench: a. Includes 6" diameter SDR-17 perforated HDPE pipe, filter aggregate used around the pipe and for condensate "sumps", trench excavation and backfill. Incidentals include but are not limited to; butt or electro-fusion MEASUREMENT AND PAYMENT 01225 - 4 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City landfill and Recycling Center Iowa City, Iowa welding, fittings, and testing. If required for installation, this item also includes sheeting, shoring, and bracing, dewatering and management of leachate, and surface water management. b. Payment for this item wilt be at the Contract unit price per linear foot of LFG collection trench provided. 7. HDPE Leachate Manhole (M-AA) Including 12" Valve: a. Includes replacement of existing manhole with double wall HDPE manhole structure (MH-AA) and bolted concrete ballast pad. Also includes 12" valve, valve stem extension and valve box. Incidentals include; excavation, bedding, backfilling, compaction, additional HDPE pipe required to reconnect existing leachate piping to manhole structure, topsoil salvage and replacement, and seeding. If required for installation, this item also includes sheeting, shoring, and bracing; dewatering; and surface water management. b. Payment for this item will be at the Contract unit price per ea~ com~`ete HDPE manhole and valve installation. ~ 'T'1 i 8. Leachate Manhole Inspection Ports and Misc. HDPE Manhole Imprgs'ier~nenCa ~ a. Includes all labor, materials and equipment for improvement~~'1exis$ing manhole structures, including but not limited to: securing bole cov~Ts, installing new manhole inspection ports and upgrading existing~r~ped~n ports. ~'' `'~ b. Payment will be the Contract lump sum price for this item. 9. Access Road - Class A Crushed Stone: a. Item includes providing Class A crushed stone (IDOT 4120.04) for surfacing of access roads at the header crossings disturbed from the construction. Includes furnishing material, placement, compaction, and grading. b. Payment for this item will be at the Contract unit price per ton. Measurement for this item shall be made on a certified scale. Scale tickets indicating the weight of the material, truck identification, and time delivered shall be tallied by the Contractor and submitted to the Engineer. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION MEASUREMENT AND PAYMENT 01225 - 5 Howard R Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01295 SCHEDULE OF VALUES PART 1 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. _ r.,~ O 1.02 SUBMITTALS: GENERAL c~ A. Submit to the Engineer a Schedule of Values based upon the Contract Pr1~~~".,,,and~ld ~ Schedule, listing the major elements of work and the dollar value for each-e~l~ner~, Ir within ten (10) days after the official Notice to Proceed. -~ r ~ rn ~ Q B. Upon request of the Engineer, support the values with data which will subtiat their correctness. D w C. The Schedule of Values, unless objected to by the Engineer, shall be used only as the basis for the Contractor's Applications for Payment. 1.03 FORM AND CONTENT A. 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. D. Identify each line item with the number and title of the payment item. SCHEDULE OF VALUES 01295 - 1 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 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 to#al 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 t~ ~ ~ Work Completed from Previous Applications ~, w ~? Work Completed this Application .,,,~ y: Materials Presently Stored "J ~ ~ ~ Total Completed and Stored to Date "'~ U `~,;, `~ >_- ~ Percentage of Item Complete ~ `~ ` ' - Balance to Finish v ~ Retainage ~., - G. The sum listed in the Schedule shall equal the total Contract Sum as provided by the Contractor 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. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01315 COORDINATION AND MEETINGS PART 1 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. C7 1. Work of this Section is incidental to the "Mobilization and G~~r?al Peoject..n Administration" item. ~ '~' °' ~° N r :- ~, °' m 1.03 COORDINATION :~ ~ ~,,, A. Coordinate scheduling, submittals, and Work of the various Sections of sp~cati@Os to assure efficient and orderly sequence of installation of interdependenty"~onstr~tion elements. .. 1.04 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a conference after Notice of Award. B. Attendance Required: Owner, Engineer, Engineer's Consultant, 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 Project No. 191130J01 Landfill Gas Collection System 2009 Expansion 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. 1.05 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. M Q cam. A~~ida: s ~ 1c= -Review minutes of previous mee#ings. ~„~„~ ~r ~ Review of Work progress. " ,~,,,J ~ ~ ~"" Field observations, problems, and decisions. ""' ~ 5-- ~ Identification of problems which impede planned progress. ~" ~ ~-•- ~ Review of submittals schedule and status of submittals. 6U p Review of off-site fabrication and delivery schedules. ~~~ 7. `- Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding Work period. 10. Coordination of projected progress. 11. Maintenance 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 Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01330 SUBMITTALS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Procedural requirements for Work-related submittals. a. Construction progress schedules. b. Proposed products list. c. Shop drawings. d. Product data. e. Manufacturer's instructions. f. Manufacturer's certificates O ' reements and workmanshinds intenance a ti g es, ma e. Guarantee, warran f. Test results. ~, -~; ,.,,~ ~ ~ o` B. Related Sections: ; ~ m 1. Divisions 1 and 2 1.02 MEASUREMENT AND PAYMENT 3> 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. SUBMITTALS 01330 - 1 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa E. Schedule submittals to expedite the Project, and deliver. Coordinate submission of related items. 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. I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly .report any inability to comply with provisions. 1.04 ACTION ON SUBMITTALS mA. Engineer's Action: ~.s Except for submittals for record and similar purposes, where action and return on O ~ tL CJ submittal is required or requested, Engineer will review each submittal, mark with '~" ~ ~: appropriate action, and return. Where submittal must be held for coordination, ~ ~J ~-- Engineer will so advise Contractor without delay. *"•- ~. ~.~-~ Engineer will stamp each submittal with action stamp, appropriately marked with ~- '~- ~ submittal action. ~.~ If information submitted is not sufficient to complete review of submittal, Engineer r•f -- wilt send transmittal to Contractor notifying that additional information is required. Submittal will not be returned. Submittal will be placed in an "on hold" status until Contractor provides additional information. B. Submittals returned to the Contractor will indicate one of the following: 1. Approved - 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. Resubmittat is not required. 3. Reiected -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 SUBMITTALS 01330 - 2 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 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. 1.05 CONSTRUCTION PROGRESS SCHEDULES 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 Worlaof serate stages and other logically grouped activities. Indicate the early and la ~tart,"arly-n and late finish, float dates, and duration. ,~~.,~ ~ ~„„.. ..~~ o~ F. Indicate estimated percentage of completion for each item of WaxNf ' at ~ach submission. ~~ G. Indicate submittal dates required for shop drawings, product data, s~nples,w9nd product delivery dates. H. Schedule Revisions: 1. Weekly to reflect changes in progress of Work. 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. SUBMITTALS 01330 - 3 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa B. After review, reproduce and distribute in accordance with Article on Procedures above and for Record Documents. 1.08 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Engineer. B. Mark each copy to identify applicable products, models, options, and other data. 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. 1l~en specified in individual specification Sections, submit manufacturers' printed ptructions for delivery, storage, assembly, installation, start-up, adjusting, and Q ~i~ hing, in quantities specified for Product Data. Lt,J ,,~ t~ ~_ .:~ ca B. ;,i~ntify conflicts between manufacturers' instructions and Contract Documents. ~... ~~" M-' ~~ ~"1'" 1.1i'~ MA4dl~FACTURER'S CERTIFICATES a "'~'A. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. 1.11 GUARANTEE, WARRANTIES, MAINTENANCE AGREEMENTS, AND WORKMANSHIP BONDS 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. SUBMITTALS 01330 - 4 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa C. Test results are submitted for review of conformance with specified requirements and information. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION _ p ~ ..... {NJ .,ty ~._2 ~ 1 -.~, f ~ ~~ ~„ W SUBMITTALS 01330 - 5 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01350 ON-SITE HEALTH AND SAFETY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY ~ c~ ..~.~ A. Section Includes: ~ ~`~ N ~"' 1. Health and Safety requirements at Landfill sites.. ~~~ ~; °' ~ _,~ r B. Related Sections: ~ 1. Divisions 1 and 2 ~ 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. 1.03 DESCRIPTION A. Construction/remediation activities at landfills or other waste disposal sites may place Contractor's personnel, personnel of other contractors hired by Owner to perform Work at site, and public in potentially hazardous situations due to exposure to landfill refuse, leachate and gases. 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 frorr. 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 ON-SITE HEALTH AND SAFETY REQUIREMENTS 01350 - 1 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 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 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.Q~, QUALITY ASSURANCE M Q ck~ A. ~gulatory Requirements: ~ ~-- 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. -- ac ~' ~ Comply with applicable laws and regulations of any public body having jurisdiction ~- ~ for safety of persons or property. C7 1. ~'OPER74TIONS AND EQUIPMENT SAFETY A. Contractor is responsible for initiating, maintaining, and supervising safety precautions and programs in connection with Work. Contractor shall take necessary precautions 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. ON-SITE HEALTH AND SAFETY REQUIREMENTS 01350 - 2 Howard R Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa 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 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. C~ 5. Work zones. ~ ~'' ~' ="~ a 6. Personnel training. - -d a ~ ~' s 7. Medical monitoring. -°ti ~ 8. Atmospheric monitoring. ~;, +-- 9. Personal protection, clothing, and equipment. 10. Decontamination procedures. ~ x cp 11. Emergency procedures. yr w 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 or 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 presence of methane gas. 3. Landfill gases may cause oxygen deficiency, explosive conditions, or toxic atmospheres in underground trenches, vaults, conduits and structures. 4. Sudden subsidence or collapse of the landfill surface during activities such 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 "Tt 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 ON-SITE HEALTH AND SAFETY REQUIREMENTS 01350 - 3 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 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. 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 p described in Contract Documents. ~ ~.- Submittal of Contractor's HASP shall neither impose on Engineer responsibility LL! ,~ ~ ~ for adequacy of HASP nor relieve Contractor from full responsibility therefore. .... ~ r'' ~- ~ PA'~T 2 cP$ODUCTS _O (N ' Used) PART 3 EXECUTION (Not Used) END OF SECTION ON-SITE HEALTH AND SAFETY REQUIREMENTS 01350 - 4 Howard R Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01360 PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Record documents maintained by Contractor during construction and submitted to Engineer at Contract Closeout. B. Related Sections: 1. Divisions 1 and 2 _ ~ 1.02 MEASUREMENT AND PAYMENT O ~n v ~~ TI A. Refer to Section 01225 -Measurement and Payment. c-> -~ "" 1. Work of this Section is incidental to the "Mobilization and Geq~rsal I~ojeci~ Administration" item. =~ m 1.03 SUBMITTALS :~ ~ ~- w A. At Substantial Completion: 1. Deliver one marked up set documents to Engineer. 1.04 SITE RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed shop drawings, 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 Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa PART 3 EXECUTION 3.01 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Maintain documents in clean, dry, legible condition and in good order. Do not use record documents for construction purposes. B. Make documents and samples available for inspection by Engineer or Owner. C. 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.'`tDrawings: Graphically depic# changes by modifying or adding to plans, details, Y sections, elevations, or schedules. Q „~~ ~,-Make changes on each sheet affected by changes. ~ Special attention shall be given to recording the horizontal and vertical location of ...~ ~, ,-all buried utilities that differ from the locations indicated or which were not indicated ~ ~ ~n the Contract Drawings. ~= T Specifications: C~. Mark Specification sections: to show substantial variations in actual Work - performed. 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. 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. PROJECT RECORD DOCUMENTS 01360 - 2 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 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 alt 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; header and gas collection top of pipe, connection points, well heads, 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. _ r.a C7 END OF SECTION ~ ~ -~. ~ ~~ _... N ~' -G r- ~ o ~, ~: p ~~ ~ w PROJECT RECORD DOCUMENTS 01360 - 3 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 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. p ~~_ ~ 1.02 MEASUREMENT AND PAYMENT '' -'~ ~' ~ ~ ~ N ~-- A. Refer to Section 01225 -Measurement and Payment. ~ ~'`~- ~ 1. Work of this Section is incidental to the "Mobilization and Gem ~ I I~ject~ Administration" item.©,;~ co T> W .... PART 2 PRODUCTS 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. 191130J01 water is needed for construction or testing. 2.05 TEMPORARY SANITARY FACILITIES Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa A. Provide temporary sanitary toilet facilities conforming to state and local health and sanitation regulations,. in sufficient 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 ~ fir&s by personnel at Project site. 2.0~ ~~URITY ® ~ u,~ ,~. ~~curity will not be provided by OWNER. ~~ jY- U ~ IPnOtractor shall be responsible for loss or injury to persons or property where Work is id~lved, and shall provide security and take precautionary measures to protect C~tractor's and Owner's interests. 2.08 CONTRACTOR'S FIELD OFFICE A. If required by Contractor, establish at site of Project on approval of Owner. General Construction: New or reconditioned mobile office trailer. B. Remove field office from site upon approval by Owner and immediately after acceptance of the entire work by the Owner. C. Contractor shall pay utility costs associated with the field office. 2.09 TRAFFIC CONTROL A. Provide temporary traffic control as defined in Supplementary Conditions. 2.10 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 TEMPORARY FACILITIES AND CONTROLS 01500 - 2 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 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 3.01 GENERAL A. Maintain and operate systems to ensure continuous service. B. Modify and extend systems as Work progress requires. p ~~, 3.02 REMOVAL ~ ~' = '~ A. Completely remove temporary materials, equipment, signs, and structures~~en nng~.. required. -~ ~ °"` -< r- B. In unfinished areas, clean and repair damage caused by temporary installa~iSfis o~se temporary facilities, restore drainage, and evenly grade, seed or plant a9~r~ces~ry 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 Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01600 MATERIALS AND EQUIPMENT PART 1 GENERAL 1.01 SUMMARY A. Section Includes: ~.-.,a, n N y~~~~ 1. Conditions for material substitutions. ~ ~;~ ~ ~ ~ 2. Delivery and handling of materials on-site. c:~ -~; a ~ 3. Protection of materials stored on-site =-~ ~ B. Related Sections: r''t ~ s -- 1. Divisions 1 and 2 ~ ~ °° ~ w 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. a. No payment will be made to Contractor for equipment or materials not properly stored, insured or without approved submittals. b. No payment will be made for equipment and materials stored off-site. c. Previous payments for items will be deducted from subsequent progress estimate(s) if proper storage procedures are not observed. 1.03 SUBSTITUTIONS A. Quality Assurance: 1. In making request for substitution or in using an approved product, Contractor represents: a.. He has investigated proposed product, and has determined that it is equal or superior in all respects to that specified, and that it will perform function for which it is intended. b. He will provide same guarantee for substitute item as for product specified. c. He will coordinate installation of accepted substitution into work, to include any modifications to the work if necessary, making such changes as may be required for work to be complete in all respects. d. He waives all claims for additional costs related to substitution which subsequently arise. MATERIALS AND EQUIPMENT 01600 - 1 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa B. Procedure for Requesting Substitution 1. Considered after award of Contract. 2. Written requests through Contractor only. 3. In accordance with Section 01330. .~I tl. C. Transmittal Contents: 1. Product identification: a. Manufacture's name. b. Telephone number and representative contact name. c. Specification section or drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents. 2. Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents. 3. Itemized comparison of original and proposed product addressing product ~. characteristics including but not necessarily limited to: 4a. Size. rib ~ fib. Composition or materials of construction. Qc. Weight. ..,, ~-cl. Electrical or mechanical requirements. N ~? product experience: ~- tea. Location of past projects utilizing product. ,~. ~ j Name and telephone number of persons associated with referenced projects p knowledgeable concerning proposed product. ~ c. Available field data and reports associated with proposed product. 5. Data relating to changes in construction schedule. 6. Data relating to changes in cost. 7. Samples: a. At request of Engineer. b. Full size if requested by Engineer. c. Held until substantial completion. d. Engineer not responsible for loss or damage to samples. D. Approval or Rejection 1. Written approval or rejection of substitution given by the Engineer.. 2. Engineer reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution results in a change of Contract price or time, provisions in General Conditions will be applied for adjustment. 4. Substitutions will be rejected if: a. Submittal is not through the Contractor with his stamp of approval. b. Requests are not made in accordance with this Section. c. In the Engineer's opinion, acceptance will require substantial revision of the original design. MATERIALS AND EQUIPMENT 01600 = 2 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa d. In the Engineer's opinion, substitution is not equal to original product specified or will not perform adequately the function for which it was intended. 1.03 DELIVERY A. Scheduling: 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Contractor shall review delivery and storage requirements for the proposed geosynthetic materials. B. Packaging: 1. Deliver products or equipment in manufacturer's original unbroken ca s or ier containers designed and constructed to protect the contents from phy~~or -~ environmental damage. °_'° --I -~ ~ ~ ,~, ~'- C. Identification: `t'~ ~ 1. Clearly and fully mark and identify as to manufacturer, item, and installa*i~ location. ~ x ~ D. Protection and Handling: ~' 1. Provide manufacturer's instructions for storage and handling. 1.04 MANUFACTURER'S INSTRUCTIONS A. Installation of equipment and materials shall comply with manufacturer's instructions. Obtain and distribute printed copies of such instructions to parties involved in installation. 1. Maintain one set of complete instructions at job site during installation and until completion of Work. B. Handle, store, install, connect, clean, condition, and adjust materials and equipment in accordance with manufacturer's written instructions and in conformance with Specifications. 1. If job conditions or specified requirements conflict with manufacturer's instructions, consult Engineer for further instructions. PART 2 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required by Contract for reuse. MATERIALS AND EQUIPMENT 01600 - 3 Howard R Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa PART 3 EXECUTION 3.01 PROTECTION, STORAGE AND HANDLING A. Manufacturer's Instruction: 1. Store and protect all products or equipment in accordance with manufacturer's written directions. a. Store products or equipment in locations to avoid physical damage to items while in storage. b. Handle products or equipment in accordance with manufacturer's recommendations and instructions. c. Store sensitive products in weather-tight, climate controlled enclosures. 2. Protect equipment from exposure to elements and keep thoroughly dry. 3. For exterior storage of fabricated products, place on sloped supports above the ground surface. 4. Cover products subject to deterioration with impervious sheet covering. Provide ~ ventilation to avoid condensation. r''^ 5 "Q When space heaters are provided in equipment, connect and operate heaters ~ Qduring storage until equipment is placed in service. Q ~ w . 3.02 STA~AGE AREAS """c~A. ~t~re in areas as shown on the Contract Drawings or as approved by Engineer. ~ ~ ~~ ~B. Thy Owner assumes no liability for materials stored by the Contractor. 3.03 FIELD QUALITY CONTROL A. Inspect Deliveries: 1. Inspect all products or equipment delivered to the site prior to unloading. Reject all products or equipment that are damaged, used, or in any other way unsatisfactory for use on this Project. B. Monitor Storage Area: 1. Monitor storage area to ensure suitable temperature and moisture conditions are maintained. END OF SECTION MATERIALS AND EQUIPMENT 01600 - 4 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01722 SURVEYING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Field surveying requirements. B. Related Sections 1. Division 1 and 2 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 -Measurement and Payment. 1. Owner will employ and pay for surveying services. 2. Coordination of surveying by Contractor is incidental General Project Administration" item. 1.03 GENERAL O =-~ ~ ^' ~ ~ ..r r ~~ GO A ''~ ca to the "Mobilization and A. Contractor shall provide and update a schedule for construction staking on a weekly 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. SURVEYING 01722 - 1 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion 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 2.01 SURVEYOR A. Surveyor shall be employed and paid for by Owner. ar PAR E ~UTION ~.01 ~EN4L ~ ~-' c~. f~~11~ purvey data shall use same control datum as that established in the Contract ,-- ~ ~ _ ~rmgs. :~.. U ~ ~. Prir~ry 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 A. Construction surveying as coordinated by Contractor. B. As-built survey: provide maps indicating x, y, z coordinates and appropriate labeling for the following: 1. At 100 ft. intervals, ground and top of pipe elevations for gas header and gas collection pipe, and locations of fittings and connection points. 2. Invert and rim elevations of new leachate manhole and invert elevations of associated piping. 3. Header/leachate pipe cleanout connection point . 4. Well heads 5. Gas header road crossings. SURVEYING 01722 - 2 Howard R Green Company Project No. 191130J01 3.03 DOCUMENTATION OF QUANTITIES Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa A. It is Contractor's responsibility to coordinate with Owner's surveyor to determine which items 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 _ ~~ O ^' y ~ C'? -''~ ~ N ~~r ~'' --~ C"5 0~ ~'~"~ "~ ri'1 ~~,,, O ~ ~~ CO ~ W N SURVEYING 01722 - 3 Howard R Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 - ~ 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. B. Related Sections: 1. Division 0 -Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 -General Requirements. ,~. ~' =~ 1.02 MEASUREMENT AND PAYMENT ~ -~, ~ ~;,. A. Refer to Section 01225 -Measurement and Payment. ~ m ~~, Rl 1. Work of this Section is incidental to the "Mobilization and General Proj t~ =~ Administration" item, except where direct payment is otherwise provide ~ a? 3> ~- ra 1.03 DEFINITIONS A. Punch List: The stated qualification accompanying either the Engineer's Certificate of Substantial Completion or the Certificate of Final Payment, or any list of construction items found to be deficient or incomplete through review of the Work by Engineer and communicated in writing to Contractor at any time during the Contract Period. 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. 5. Inventory of extra materials and spare parts delivered to the Owner. 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; CONTRACT CLOSEOUT 01780 - 1 Howard R Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa 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. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 UBSTANTIAL COMPLETION, ADJUSTMENT AND RELEASE OF RETAINAGE r+^- ~,. V the Work is found to be in a state of Substantial Completion with stated Q ~ c~~fications: 1~ engineer: Determine the value of the punch list work using either the Project ~ N ~ (approved schedule of values or other method at his discretion. •-- c~ ~- ~etainage shall not be reduced to less than five (5) percent of the Contract ~«~- U ;mount. ~. O ~. 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 representative and are operational. 5. Work is completed and ready for final inspection. B. Engineer and Owner will make an inspection with the Contractor to verify the status of completion within 5 calendar days after receipt of such certification. C. Should Engineer consider that the Work is incomplete or defective: 1. Engineer: 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. CONTRACT CLOSEOUT 01780 - 2 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 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. 3.04 FINAL APPLICATION FOR PAYMENT A. Prior to submitting final application for payment: 1. Complete demobilization. 2. Submit record drawings to Engineer. 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:~ ~~ a' m ~; r C~ ~ ~ vo D w N CONTRACT CLOSEOUT 01780 - 3 Division 02 SITE CONSTRUCTION O t"a ~ ~ =~- ~ _.. -~ ,~ r-- ~.n ~ ~ D ~- N Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02062 FILTER AGGREGATE PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Coarse filter stone for landfill gas (LFG) collection trenches ~ C7 ~~ ~', ~ ~ B. Related Sections ~ -~; ~,,~ ~.. 1. Section 02629 -Plastic Piping and Appurtances -=~ C1 ~ _~; r ~ ~ 1.02 MEASUREMENT AND PAYMENT ~ ~ T co A. Refer to Section 01225 -Measurement and Payment. ~''' w N 1.03 SUBMITTALS A. Submit to Engineer for review and approval prior to delivery. 1. Material source(s). 2. Proposed handling plan indicating storage locations, delivery schedule, and layout. 3. Test results for each source. PART 2 PRODUCTS 2.01 FILTER AGGREGATE A. Landfill Gas Extraction Well: Durable, rounded to subangular river rock or crushed rock containing no sandstone or carbonate materials such as limestone or dolomite. 1. Grain Size: Sieve Size Percent Passing 3" 100 2" 90-100 1 1 /2" 50-80 1 " 10-35 3/4" 0-10 '/2" 0-2 B. For use as bedding and filter stone around perforated pipe in LFG collection trenches. FILTER AGGREGATE 02062 - 1 Howard R. Green Company Project No. 191430J01 2.02 QUALITY CONTROL Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa A. Source testing by Contractor: 1. Source testing shall occur for each material at the specified frequency per source, and upon visually observable changes in material type for the following: Test Parameter ASTM Reference .Test Frequency Min. Number of Tests Particle Size D422 1/2000 cy 2 2. Submit to Engineer at least 7 days prior to installation. PART 3 EXECUTION 3.01 DELIVERY, STORAGE, AND HANDLING ~' Traport filter rock in clean truck beds. Loads containing residual materials will be red d. ~© ~ Ma-intain stockpiles free from mud, dirt, and other foreign material. Ensure that soil or ,,~ of 'foreign materials are not mixed in during relocation from stockpile. ~Jk cv ~ _ v X3.02 AQ,~AIkENT OF FILTER AGGREGATE MATERIAL U y Trer~h into landfill refuse in accordance with Section 02316 and the Drawings. 1. Observe minimum slope requirements for trench. B. Smooth irregularities of trench bottom with filter aggregate. Minimum thickness of aggregate beneath pipe is 1 ft. C. Work in and tamp the haunching material in the area between the bedding and the underside of the pipe before placing the remainder of the embedment in and above the pipe zone. 1. Documentation survey of top of pipe required in accordance with Section 01722. END OF SECTION FILTER AGGREGATE 02062 - 2 Howard R Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02232 SITE PREPARATION PART1 GENERAL 1.01 SUMMARY p • ~- A. Section Includes: ~`' ~ ~~~~..=y "'Tl 1. Site clearing and grubbing t-, -<, ~ ~,. 2. Stripping and stockpiling of topsoil :."~ ;;-a ,~ 3. Protection of utilities and other structures. : ~ rn ~ Q B. Related Sections include but are not necessarily limited to: ~~'` '~ 1. Section 02316 -Trenching, Backfilling and Compaction. 3> ~- N 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 -Measurement and Payment. 1.03 GENERAL A. Clearing and grubbing requirements apply to work outside of the landfill disposal area. 1. The area impacted by the work shall be cleared of all trees, shrubs, paving, 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. 2. 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. 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. -191130J01 Landfill Gas Collection System 2009 Expansion 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 ac#ion 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. At all times the Contractor shall conduct his operations so that necessary clearances are maintained and said utility facilities are protected. The Contractor must comply with all local, state, and federal, or other regulations in performing r~ work near utility facilities. r"' 3. ~ °o Should the Contractor damage any of the utility facilities during Contractor's ® ~ p ' operations or determine the work cannot be performed safely, the Contractor : ~ w shall immediately notify the utility involved and cease work until arrangements Ll.! ,~ ~ ~ are made to prevent further damage or a serious accident. Any and all damage, J cv ~ ~ 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 ~- U ~ disruption shall be borne by the Contractor. ~ 4.a 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. Electric Power Easement: Portions of the Work will occur under and/or near existing 345,000 volt overhead electric line easement. These electric lines are energized and accidental contact can cause serious injury or even death. Maintain proper safety clearances at all times. MidAmerican Energy Company, Davenport, IA 563/333-8186 PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 SITE CLEARING A. Topsoil Removal: Applies to work outside of the landfill disposal area, where topsoil is present. SITE PREPARATION 02232 - 2 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa 1. Remove and stockpile topsoil encountered in clearing and earthwork operations. a. Remove heavy growths of grass before stripping. b. Separate from underlying subsoil or objectionable material. B. Clearing and Grubbing: Applies to work outside of the landfill disposal area. 1. Clear from within limits of construction all trees not marked to remain. a. Include sh-rubs, 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 approved soil material unless further excavation or earthwork is indicated. C. Disposal of Materials: 1. Clean organic matter such as timber, stumps, brush, roots and grasses resulting from clearing and grubbing shall be disposed of at an on-site location determined by the Engineer. 2. Organic matter containing unacceptable amounts of trash and/or rubbish shall be disposed of at the current active landfill tipping face. _ © ~~ n -~- ..w, .~~ END OF SECTION ~l -- ~ _:;, N 1 _, x;7 C~ -~; ~._. C"~"I~"~"•' X cX9 D ~ N SITE PREPARATION 02232 - 3 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02316 TRENCHING, BACKFILLING AND COMPACTING PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Trench requirements for underground piping and appurtenances including requirements for excavation, backfill, and compaction. B. _ Related Sections O ~..,a 1. Section 02629 -Plastic Piping and Appurtances ~= ~ :.~ ~ 1.02 `~ ~~ MEASUREMENT AND PAYMENT R~,~-y ,_ N ~. 1 ~ A. -~: r Refer to Section 01225 -Measurement and Payment. -- 1. Payment for trenching, backfilling, and compacting is incidental and in~tx~ ed i~the installation unit price of pipe, manholes, culverts, and other systems. y N 1.03 REFERENCES A. ASTM D2922 -Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). B. ANSI/ASTM D698 -Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.5 Ib. (2.49 Kg) Rammer and 12 inch (304.8 mm) Drop. C. Iowa Department of Transportation "Standard Specifications for Highway and Bridge Construction," latest edition and current supplements thereto. 1.04 DEFINITt~NS B. Trenching and Backfilling: All excavation and backfilling to desired elevations and dimensions indicated in the Drawings, compacting, disposal of surplus material, furnishing additional backfill material, and all other work incidental to the construction of trenches, including any additional excavation. C. Material Classification. 1. Earth: All materials not classified as rock or rubble, includes: clay, silt, sand, gravel, hardpan,and stones. TRENCHING, BACKFILLING AND COMPACTING 02316 - 1 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa 2. Rock: Buried boulders larger than 1/3 cubic yards in volume or materials so hard and dense that continuous loosening by pneumatic tools is required for removal. 3. Rubble: Buried concrete foundations, beams, walls, and other materials which require continuous use of pneumatic tools. 1.05 SUBMITTALS A. Gradation test results for each source of pipe bedding. 1.06 QUALITY ASSURANCE A. Owner will provide for personnel on-site to test materials and monitor compliance with the requirements of these Specifications. 1. Contractor will afford these representatives access to the job site for the performance of their duties as described in the Contract Documents. B. ~En~i~r will: ~1. Approve materials proposed for incorporation into the work. ~2. r,~~spect subgrades and excavations and evaluate suitability of materials encountered. J ~`r3. , .I~termine extent of any over-excavation required to remove unsuitable materials ~„j,,, ' ' ~ w-u~der areas of construction. "'~'4. Ut~'spect placement of fill materials for compliance with these specifications. _ 5 .. ~rform compaction tests for backfill, if required. ~6~ Observe construction operations and monitor for compliance with Contract Documents. C. Owner will pay for passing tests. Retesting due to initial test failures shall be paid for by the Contractor. 1.07 PROJECT/SITE CONDITIONS A. Avoid overloading or surcharge a sufficient distance back from edge of excavation to prevent slides or caving. Maintain and trim excavated materials in such manner to be as little inconvenience as possible to public and adjoining property owners. Conform. to OSHA Requirements. B. Contractor responsible for providing adequate barricades and protection around excavation and work areas. C. Protect and maintain bench marks, monuments or other established points and reference points and if disturbed or destroyed, replace items to full satisfaction of Engineer. D. Verify location of existing underground utilities. TRENCHING, BACKFILLING AND COMPACTING 02316 - 2 Howard R. Green Company Project No. 191130J01 PART 2 PRODUCTS 2.01 BEDDING MATERIALS A B C. Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa Bedding for pipes and structures shall be approved imported material. Material to be free of foreign substance, debris, large stones, roots, organic or frozen material, expansive material and other deleterious materials. Granular pipe bedding: clean stone; comply with following gradation, dependent upon pipe diameter. Pipe 4" -18" Diameter Pipe Over 18" Diameter Sieve (Percent Passing) (Percent Passing) 1" 100 100 3/4" 90-100 90-10~1j 3/8" 50-90 20-5~ ~~ No. 4 35-80 0-10 =~ ~ ~ #10 20-65 0-5 ~ ~ ~ #40 10-35 ~ t,,~ #200 3-10 Stabilizing Material: Sharp, clean crushed stone; comply with following gradation: Sieve Percent Passing 2-1 /2" 100 2" 90-100 1-1 /2" 35-70 1" 0-15 1/2" 0-5 'T'1 TRENCHING, BACKFILLING AND COMPACTING 02316 - 3 Howard R. Green Company Project No. 191130J01 2.02 SELECT BACKFILL MATERIALS Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa A. Trench backfill shall be approved select material obtained from site orfromoff-site borrow areas. Material 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 1 1/2 inches, and debris. 1. Select refuse, relatively free of soil, shall be used as backfill over gas collection trench as indicated on drawing details. PART 3 EXECUTION 3.01 EXAMINATION A. Protect existing structures and utilities and clear and grub in accordance with Section 02232. 3.02 EXCAVATION Ea Excavation. 1:~ ~ccavate all material encountered to depth and dimensions indicated on Drawings. ~~ ~ ~ a. Comply with OSHA and all other governmental regulations. Contractor solely --a ~- responsible for complying with the regulations. `~ U -~- ` ,J ~ --b. Pile excavated material suitable for backfill in an orderly manner a sufficient ~:~ ~.'. ~ distance from edge of excavation to avoid rollbacks, slides, or cave-ins. ~c. Remove spoil not suitable for backfill. ,~ 2." excavate to full depth by machine; level trench bottom to provide uniform bearing and `"``' support for full length of pipe. 3. Excavate by hand: a. Under and around utilities. b. Where overhead clearance prevents use of machine. c. Under trees and shrubs where shown on Drawings. 4. Keep sides of trench as nearly vertical as practicable within the limits of excavation codes and safety requirements; maintain vertical walls of excavation below top of pipe. Provide trench wall support as needed. 5. Trench width as shown on Drawings. 6. Conform to best trench bottom construction practices as recommended by pipe manufacturer. 7. Backfill trench bottoms carried below required grade; backfill to properelevation with material as specified for pipe bedding. 8. When unstable material is encountered which may not provide a suitable foundation for pipe. a. Notify Engineer immediately. b. Engineer will investigate questionable material to determine its suitability for pipe foundation. c. If material is considered unsuitable for pipe foundations, Engineer will specify TRENCHING, BACKFILLING AND COMPACTING 02316 - 4 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa and authorize remedial measures in writing. d. If removal of unsuitable material is authorized replace with trench stabilizing material. Provide minimum of 4 inches of bedding material on top of stabilizing material. Bedding material graded sufficiently coarse to prevent movement and loss of bedding into trench stabilizing material. 9. When the material being excavated is such that it is physically impossible to stabilize the trench bottom or secure a uniform bearing using dewatering and a granular foundation and in the judgment of the Engineer, concrete encasement, concrete cradling or pilings are necessary to support the pipe, provide such support when directed in writing by the Engineer. 10. Provide cradling or strengthening at Contractor's expense if specified trench width is exceeded. B. Sheeting, Shoring, and Bracing 1. Construct sheeting, shoring, and bracing required to hold walls of excavation and to provide safety for workers, to protect existing utilities and structures, and to permit dry conditions for construction. a. Sheeting: wood or steel. b. Construct and maintain sheeting and shoring in accordance with OSHA ~r d all other governmental regulations. Contractor solely responsible~gr corrying with the regulations. ~ ~ :-u~c 2. Leave in place wood sheeting driven below level of pipe. Remove uppe'~'pArt ofaaood ~ sheeting to a level 5'-0" (2m) below finish grade. ~ -'' ~ ~"~" 3. Pull steel sheeting except where shown on Drawings. ~~-- m 4. When movable trench shield is used below spring line of pipe, lift shield for t~',,J~any forward movement to avoid pipe displacement. Fill void left by remdof sld, between consolidated fill and stable trench wall, with consolidated fil~f the same type as specified adjacent to the pipe. *~ C. Dewatering 1. Do all work in dry conditions; obtain the Engineer's approval of proposed methods of dewatering. 2. Provide for handling water encountered during construction. a. Divert stream flow and sewage away from areas of construction. b. Prevent surface water from flowing into excavation; remove water as it accumulates. c. If groundwater is encountered, provide sumps in the trench or some other methods for removal of water and stabilization of trench bottom. d. Do not pump water to existing sanitary sewers or onto adjacent property without approval of the Engineer and adjacent property owner. 3. Lay no pipe in, and place no concrete on, excessively wet soil. 4. Protect against settlement or damage to adjacent property. 5. Trench dewatering is incidental to the project. 6. Notify Engineer if removal of leachate is required for construction. Leachate shall be disposed of on-site as directed by Engineer. Provide tanks, trucks, and/or piping systems as required for on-site handling of leachate. TRENCHING, BACKFILLING AND COMPACTING 02316 - 5 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa 3.03 BEDDING AND BACKFILL A. Do not use frozen material or place fill on frozen subgrade. B. Place bedding material in trench and compact with hand operated vibrating compactor in 2- to 4-in. thick layers under pipe haunches. C. Bedding and Initial Cover Material Limits: Minimum of 6 in. above, below, and each side of pipe. D. Lift Thickness and Compaction: 1. Place select backfill in uniform depth layers not more than 8-inches deep. Complete compaction of each layer before placing material for the next layer. a. Compaction of refuse backfill not required. 2. Above the cover zone material, the use of heavy roller type compaction equipment shall be limited to safe pipe loading. 3. Place trench backfill only after initial backfill has been placed, compacted, and approved. 4. Trench backfill, material and compaction requirements depend on what area the pipe ~ is located beneath as specified. 6+~ d a. Open Rural Areas: In open rural areas where there is no vehicular traffic, such c~ti ~ ~' as fields, and along railroads, no special compaction will be required. Backfill is Q ~ © select material. The material may be placed with bulldozers or backfilling ~ „~ ~ machines of other types. Mound earth approximately 12" (300 mm) in height ..J N U E-: over trench; mound shall be neatly rounded off for further settlement. -- c~ ~ ~ b. Grass Parking Areas and Unpaved Areas: Select material as previously ~- - ~ defined. Compact backfill material to a minimum of 90% Standard Proctor U "' Densit ASTM D698 Fill u p g p Y ( ). pper ortion of trench in rass areas with 6 inches - minimum of topsoil. c. Paved Areas and Landfill Embankments: Select material compacted in 8" lifts with pneumatic or mechanical tampers to finish grade. or subgrade. Compact to a minimum of 95% Standard Proctor Density (ASTM D698). d. LFG Collection Trench: Refuse backfill directly over rock filter aggregate shall be relatively free of soil. No special compaction will be required. 3.04 QUALITY CONTROL A. Source Testing by Contractor: 1. One sieve analysis for each type of bedding material (ASTM D422). B. Conformance Testing by Engineer: 1. Density and moisture will be tested at the discretion of the Engineer. 2. If tests fail, rework backfill or subgrade and retest until specified density is obtained. END OF SECTION TRENCHING, BACKFILLING AND COMPACTING 02316 - 6 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02628 HDPE MANHOLE STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Prefabricated HDPE manholes. B. Related Sections 1. Section 02316 -Trenching, Backfilling, and Compacting 2. Section 02629 -Plastic Piping and Appurtenances 1.02 MEASUREMENT AND PAYMENT ~ ~,,, --~ A. Refer to Section 01225 -Measurement and Payment. ~ ~.~ =~, C-~ "~ N 1.03 REFERENCES .,..~ ~ ~ `~ ~- m. A. ASTM D-3350 Specifications for Polyethylene Plastics Pipe and Fittings I~~rial>~ B. ASTM D-2657 Practice for Heat Joining of Polyolefin Pipe and Fittings ~ N C. ASTM C-1147 Standard Practice for Determining the Short Term Tensile Weld Strength of Chemical-Resistant Thermoplastics. D. ASTM D-1505 Standard Test Method for Density of Plastics by the Density-Gradient Technique E. ASTM D-1238 Standard Testing Method for Flow Rates of Thermoplastics by Extrusion Plastometer F. ASTM D-638 Standard Test Method for Tensile Properties of Plastics G. ASTM D-1693 Standard Test Method for Environmental Stress-Cracking of Ethylene Plastics H. ASTM D-2837 Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials I. ASTM F-714 Specification for Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter J. ASTM D-2321 Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications K. ASTM F- 1759 Standard Practice for Design of High-Density Polyethylene (HDPE) Manholes for Subsurface Applications ~_ i~t'1 HDPE MANHOLE STRUCTURES 02628 - 1 Howard R Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa 1.04 SUBMITTALS A. Contractor shall verify elevations of existing manhole and pipe sizes and inverts. Submit information to Engineer for review prior to submittal of shop drawings. B. Shop drawings (plan and elevation views) from fabricator for manholes showing components and dimensions. Indicate elevations for all piping entering each manhole. C. Factory Test Results and Material Certification: 1. Certification that the HDPE material meets the specifications. 2. The fabrication technician shall be certified for butt fusion welding of high density polyethylene per ASTM D 2657 and for extrusion/hot air welding per ASTM C 1147. 3. The fabricator shall determine that the welds are leak free. A written certification shall be sent to the engineer certifying the manholes' test results as part of the submittals. 4. Written quality assurance program used during fabrication of the manholes. The fabricator may be required to submit their overall QA/QC program for fabricating thermoplastic sump structures, the welding certification program for fabricating Qthermoplastic sump structures, the welding certification program for the fabrication ~ technician per ASTM C 1147 and the facility safety program. ~ w~ PA~' 2 ~ft~DUCTS .... ~- c~ ~,,,~,. 2.O~MAACTURERS U ~;~. ``'' 1. Forrer Supply Co., Inc. 2. HD Supply, Inc. 3. Equal 2.02 MANHOLES AND APPURTENANCES ' A. Materials: 1. HDPE Material -High density, high molecular weight conforming to ASTM D 3350 with minimum cell classification values of 345434C. All pipe and fittings supplied shall be equal to HDPE material that meets this same specification. 2. Physical Properties of HDPE Compound a. Density no less than 0.945 gms/ccm as referenced in ASTM D-1505. b. Melt index no greater than 0.15 gms/10 minutes when tested in accordance with ASTM D-1238 -Condition 3.2.3. c. Flexural modulus 110,000 to less than 160,000 psi as referenced in ASTM D- 638. d. Tensile strength shall be 3,200 to less than 3,500 psi as referenced in ASTM D-638. HDPE MANHOLE STRUCTURES 02628 - 2 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa e. Environmental Stress Crack Resistance (ESCR) in excess of 1,500 hours with zero failures when tested in accordance with ASTM D-1693 -Condition C. f. Hydrostatic Design Basis 1,600 psi at 23 degrees C when tested in accordance with ASTM D-2837. B. Manufacture Requirements: 1. Constructed to the dimensions shown on the drawings, and depths provided by the Contractor from field measurements. 2. The bottoms of the manholes shall be extrusion welded to the manhole cylinder using proper extrusion welding practices. 3 The inlets and outlets shall be extrusion welded on the inside and outside of the . structure using good welding practice. Gussets shall be attached at 90 degrees, 180 degrees, 270 degrees, and 360 degrees around the inlets and outlets unless 4 impractical. All manhole connections larger than 4" nominal OD pipe shall be butt fusion . electrofusion welded or flanged connections. For 4" OD pipe and smaller a welded , threaded transition fitting can also be used as well as the acceptable connections 5 listed above. Manholes shall be factory tested with 5 psi air for 30 minutes (with a 15 minute . ualization period) or with ultra-sound by the fabricator and certified to sure e q pres have leak free welds. Data to be supplied with the submittal. 6. The manhole shall be made from HDPE solid wall pipe extruded according to 7. ASTM F-714. Flange Connections. Flange adapters (where shown in the drawings) shall be attached to HDPE manholes inlets and outlets stubs during fabrication by butt fusion welds per ASTM D 2657. A stainless steel back up ring will be used with each flanged connection. The rings will use a standard ANSI 150# bolt©attern 2.03 SOURCE QUALITY CONTROL ~ ~ ~ "T'1 a A. Tests and Inspections -~ c~ Each manhole shall be permanently labeled at the factory. -~ r"` 1 ~ . 2. Each manhole shall be factory tested and certified water tight. - ~ ~ shall be accompanied with fac~Dg~ test the site t li d 3. , o very e Each manhole, upon certification. D ~"~ N PART 3 EXECUTION 3.01 EXAMINATION/STORAGE/HANDLING A. Contractor shall examine and verify conditions affecting installation of the manholes prior to commencing work. HDPE MANHOLE STRUCTURES 02628 - 3 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa B. Manholes shall be stored on clean, level, dry ground to prevent undue scratching or gouging of the pipe. The handling of the manhole should be done in such a manner that it is not damaged. Nylon slings are suggested. 3.02 INSTALLATION A. HDPE manholes should be installed in stable soils or fills. Materials used and compaction rates shall be as indicated on the drawings. Install manholes in a dry trench, using a stable foundation compacted to a minimum of 95% standard proctor density, or install on concrete anchor slab if indicated on drawings. Manholes should. be backfilled in 12" lifts of clean fill compacted to a minimum of 95% standard proctor density, extending one diameter around the manhole. Do not use excavated refuse to backfill around manholes. 3.03 FIELD QUALITY CONTROL A. Inspect existing manholes prior to installation for physical damage and report to Engineer. END OF SECTION .,..) M M ,~ ~O ~~ .J ?- (V :~'- U ~... ~ ,~ ""' U ;;~,. o HDPE MANHOLE STRUCTURES 02628 - 4 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02629 PLASTIC PIPING AND APPURTENANCES PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. HDPE piping for landfill gas and leachate collection. _ B. Related Sections Q °` '~ "" ~ ~ 1. Section 02316 -Trenching, Backfilling, and Compacting 3 ~7 '"'w ' 2. Section 02628 -HDPE Manhole Structures ~ ~ N ~ ~ 1.02 MEASUREMENT AND PAYMENT ~ ~ ~ ~ ;~ c~ Refer to Section 01225 -Measurement and Payment. A ~. w . ti 1.03 SUBMITTALS A. Product technical data including: 1. Acknowledgement that products submitted meet requirements of standards referenced. 2. Copies of manufacturer's written directions regarding material handling, delivery, storage and installation. 3. Pipe and Fittings technical data. B. Test reports: 1. Copies of pressure test and mandrel results on all piping systems. 2. Pipe and fitting mill certifications. 3. Welding certifications for operators welding steel, stainless steel, or HDPE pipe. PART 2 PRODUCTS 2.01 HDPE PIPE MATERIALS A. High Density Polyethylene (HDPE) pipe: high performance, high molecular weight, high density polyethylene pipe. 1. SDR 17. 2. ASTM D 1248 (Type III, Class C, Category 5, P34). 3. Minimum cell classification values: 345434 as referenced in ASTM D 3350 -1981 a. 4. Density: no less than 0.941 - 0.955 gms/cm3 as reference in ASTM D 1505. 5. Melt Flow: no greater than 0.15 gms/10 min. when tested in accordance with ASTM PLASTIC PIPING AND APPURTENANCES 02629 - 1 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa D 1238 -Condition E. Melt flow shall be no greater than 4.0 gms/10 min. when tested in accordance with ASTM D 1238 -Condition F. 6. Flexural Modulus: 110,000 to less than 160,000 psi as reference in ASTM D 790. 7. Tensile Strength at Yield: 3,200 less than 3,500 psi as referenced in ASTM D 790. 8. Environmen#al Stress Crack Resistance (ESCR): in excess of 1,500 hours with zero failures when tested in accordance with ASTM D 1693 -Condition C. 9. Hydrostatic Design Basis: 1,600 psi at 23° C when tested in accordance with ASTM D 2837. B. Identify each length of pipe clearly at intervals of 5 ft or less. Include manufacturer's name and trademark. Nominal size of pipe, appurtenant information regarding polymer cell classification and critical identifications regarding performance specifications, and "NSF" approvals when applicable. C. HDPE Fittings 1. Fittings from polyethylene compound having cell classification equal to or exceeding compound used in pipe to ensure compatibility of polyethylene resins. M " 2. Provide molded fittings rather than factory fabricated fittings in available diameters ~' ' ~' . 3. Q Be of same manufacture as pipe being provided. Engineer may allow substitution for x ~ approved material with use of flanged joint sections. D. page Joints: ,..~ ~°.,, ~ a= 150 1b carbon steel or convoluted epoxy coated ductile iron backup flanges as ~ c~ ~' ~" recommended by manufacturer. Cadmium plated carbon steel nuts and bolts. ~ 3. ~j Flanges and bolt patterns consistent with ANSI 816.5, AWWA C207, ASTM A536 ` ~`w' and as recommended by manufacturer. ' E. Fitting dimensions shall conform to standard dimensions and tolerances, ASTM D3261. F. Markings, ea. fitting: 1. Manufacturer's name or trademark. 2. Nominal size. 3. Type of plastic pipe (i.e., PE 3408). 4. Standard dimension ratio. 5. Extrusion date, lot number or batch number. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that survey benchmark and intended elevations for the work are as indicated on the drawings. PLASTIC PIPING AND APPURTENANCES 02629 - 2 Howard R. Green Company Project No. 191130J01 3.02 HDPE PIPE INSTALLATION Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa A. Trench, backfill, and compact in accordance with Section 02316. 1. Lay pipe to slope gradients noted on drawings; with maximum variation from true slope of 1/8 inch in 10 feet. 2. Install structures (manholes and cleanouts, etc.) as shown on plans. Backfill uniformly around. 3. Handle joined segments of pipe so as to avoid damage to the pipe or joining system. When lifting sections of pipe, avoid changes or cable type chokers. Nylon slings are preferred. Use spreader bars when lifting long fused sections. 4. Install HDPE pipe as flexible pipe, and all sections of these specifications with respect to trench installation of the flexible pressure pipe shall apply, except where Specifications contained or details on the Plans dictate otherwise. B. Heat Fusion of Pipe: 1. Weld in accordance with manufacturer's recommendation for butt fusion methods. Provide qualified fusion operators. 2. Butt fusion equipment for joining procedures shall be capable of meet conons recommended by pipe manufacturer including, but not limited to,~pe~ure requirements, alignment, and fusion pressures. ~ ~{ , '1'1 3. For cleaning pipe ends, solutions such as detergents and solvents, w req~t ed, ~,.., shall be used in accordance with manufacturer's recommendations. =i C`~ o- 4. Do not bend pipe to greater degree than minimum radius reco~nde~ by manufacturer for type and grade. ~ 5. Do not subject pipe to strains that will overstress or buckle piping ~r irr4~ibse excessive stress on joints. ~'' 6. Branch saddle fusions shall be joined in accordance with manufact er's recommendations and procedures. Branch saddle fusion equipment shall be of size to facilitate saddle fusion within trench. 7. Before butt fusing pipe, inspect each length for presence of dirt, sand, mud, shavings, and other debris or animals. Remove debris from pipe. 8. Cover at end of each working day open ends of fused pipe. Cap to prevent entry by animals or debris. 9. Use compatible fusion techniques when polyethylene of different melt indexes are fused together. Refer to manufacturer's specifications for compatible fusion. C. Flange Jointing: 1. Use on flanged pipe connection sections. 2. Connect slip-on carbon steel backup flanges with nuts and bolts. Convoluted ductile iron backup rings may be substituted for joining HDPE pipes per manufacturer's recommendations. 3. Butt fuse fabricated flange adapters to pipe. 4. Observe following precautions in connection of flange joints. a. Align flanges or flange/valve connections to provide tight seal. Gaskets are required for flange/valve connections. PLASTIC PIPING AND APPURTENANCES 02629 - 3 Howard R. Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa b. Place U.S. Standard round washers as may be required on some flanges in accordance with manufacturer's recommendations. Bolts shall be lubricated in accordance with manufacturer's recommendations. c. Tighten flange bolts in sequence and accordance with manufacturer's recommendations. Do not over-torque bolts. 5. Pull bolt down by degrees to uniform torque in accordance with manufacturer's recommendations. 6. Protect below grade bolts with Tapecoat mastic and tape. D. Pipe Placement: 1. Grade control equipment shall maintain design grades and slopes during installation of pipe. 2. Dewatering: Remove standing water in trench before pipe installation. 3. Unless otherwise specifically stated, install pipe in accordance with manufacturer's recommendations. 4. Maximum lengths of fused pipe to be handled as one section shall be placed according to manufacturer's recommendations as to pipe size, pipe SDR, and topography so as not to cause excessive gouging or surface abrasion; but not to exceed 400 ft. m 5. Q Cap pipe sections longer than single joint (usually 40 ft) on both ends during ~ placement except during fusing operations. ® ~ ~ Q Prevent migration of dirt and debris through perforations during placement. Remove ~ ~, dirt or debris from pipe before backfilling. ~ N ~ F.... Notify Engineer prior to installing pipe into trench and allow time for Engineer's •... ~. ~;~ inspection. Correct irregularities found during inspection. 11.. ~- K; Complete tie-ins within trench whenever possible to prevent overstressed ~: connections. 9. O Allow pipe sufficient time to adjust to trench temperature prior to testing, segment tie-ins or backfilling activity. 10. Place in trench by allowing minimum 12 in./100 ft for thermal contraction and expansion. E. Perforations: 1. Provide factory pipe perforations in accordance with Drawings. Use standard jig or frame to produce even, uniform perforations. 2. Remove cuttings from pipe before installations. 3.04 FIELD QUALITY CONTROL A. Deflection test all pipe; test with a 95% diameter mandrel; maximum deflection: 5%. B. Pressure test all solid pipe; Air Pressure Test: ASTM C828. C. Repair all observed leaks, regardless of test results. END OF SECTION PLASTIC PIPING AND APPURTENANCES 02629 - 4 Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02721 AGGREGATE PAVING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Crushed stone paving for access roads. 1.02 MEASUREMENT AND PAYMENT A. Refer to Section 01225 -Measurement and Payment. 1.03 REFERENCE Iowa Department of Transportation (DOT) "Standard Specifications for H© hway~nd A . Bridge Construction," current edition. ~~ `~ ~ 1.04 SUBMITTALS ~ ~ w ~"" -~ ~ a` ~ A. Source test results. ~_ ~ ~- d ~ PART 2 PRODUCTS ~'' w w 2.01 MATERIALS A. Top course 1. Crushed stone consisting of a uniform mixture of coarse and fine particles produced by crushing limestone, dolomite, or quartz. 2. Class A crushed stone, Iowa DOT 4120.04. 3. Gradation: Sieve Size Percent Passin 1 ~~ 100 3/4" 95-100 +/2~~ 70-90 ~ 30-55 #g 15-40 #200 6-16 AGGREGATE PAVING 02721 - 1 Howard R. Green Company Project No. 191130J01 2.02 SOURCE QUALITY CONTROL Landfill Gas Collection System 2009 Expansion Iowa City Landfill and Recycling Center Iowa City, Iowa A. Source testing by CONTRACTOR. 1. Particle size analysis (ASTM C136) for each product, one test for every 1,000 cy placed. PART 3 EXECUTION 3.01 PREPARATION A. Verify substrate has been inspected, gradients and elevations are correct, and is dry. B. Correct irregularities in substrate gradient and elevation by scarifying, reshaping, and re-compacting. C. Do not place aggregate on soft, muddy, or frozen surfaces. 3.02 INSTALLATION A. Installed total thickness: as specified on Drawings. B Compact after each layer has been placed and spread to thickness, width, and contour before succeeding layer is placed. C. Prior to and during compaction shape material and maintain to dimensions and contour. Keep surface of each layer true and smooth. D. Each layer shall be compacted until there is no further evidence of consolidation using a steel wheeled roller or pneumatic tired roller. Apply water if required for compaction. 3.03~IELD QUALITY CONTROL ~ d cYB-. R ~f roll in presence of En inee g r. ~ -- ~ -~ u~ ~~ ~ cw ~ ~ END OF SECTION ~ C7 AGGREGATE PAVING 02721 - 2 ~~ 4d 1 Prepared by: Dan Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 09-95 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 20, 2009, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION 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 20T" day of April, 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 6th day of _ A_vTril :2009. ATTEST: ~ X . ~~~ CITY ERK MA Approved by V ~C~-Z.G~ ~ rZ~~~2.~ City Attorney's Office 3 ~3~ o q Pwenglres\landfill cull 2009.ddc Resolution No. 09-95 Page 2 It was moved by Hayek and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia ~_ Hayek x O'Donnell ~_ Wilburn x Wright wpdata/glossary/resolution-ic.doc ~~~ ~ 04-20-09 11 Prepared by: Daniel Scott, Project Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 09-129 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION 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 12th day of May, 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 19th day of May, 2009, or at a special meeting called for that purpose. Passed and approved this 20th day of ATTEST: ~ • ~~%u/!~ CITY ERK ~ ~~ City Attorney's Office hl ~y~o9 pwengtres~LandfillGasCollection-09 4/09 Resolution No. 09-129 Page 2 It was moved by Wright and seconded by adopted, and upon roll call there were: AYES: NAYS: ~_ x ~_ x ~_ X -~ O'Donnell ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be wpdatalglossary/resolution-ic.doc p -~~ ~'~, Prepared by: Dan Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA (319)356-5144 RESOLUTION NO. n4_i 5g RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO THE NOVEMBER 5, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, on November 5, 2007, the City entered into a Consultant Agreement with Howard R. Green Company Consulting Engineers ("Howard R. Green") of Cedar Rapids, Iowa for the professional engineering services that are required to construct necessary facilities to continue landfilling operations on the western portion of the currently permitted site. Said agreement was subsequently amended on August 11, 2008; and WHEREAS, the Iowa Environmental Protection Commission revised the Iowa Administrative Rules pertaining to Sanitary Disposal Projects in December, 2008; and WHEREAS, said revised Rules contain new and/or amended requirements regarding the documentation that is to be submitted to the Department of Natural Resources for review and approval for the siting and development of proposed landfill expansion projects; and WHEREAS, a second amendment to the November 5, 2007 Agreement, as amended, for professional engineering services has been negotiated with and executed by Howard R. Green to address the revised Rules requirements; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to amend the Consultant Agreement with Howard R. Green. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Amendment to Consultant Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the provision of engineering services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement Amendment for and on behalf of the City of Iowa City, Iowa. Passed and approved this 5th day of ATTEST: CITY City Attorney's Office yea ~~~ pwe~glresllandfill amend2.doc Resolution No. 09-159 Page 2 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _~ ~ Champion x Correia ~_ Hayek x O'Donnell ~_ Wilburn x Wright wpdata/gbssary/resolution-ic.doc AMENDMENT TO CONSULTANT AGREEMENT THIS AGREEMENT, as entered into on this the day of 2009, is an AMENDMENT (AMENDMENT #2) to the CONSULTANT AGREEMENT dated November 5, 2007 and subsequent Amendment (AMENDMENT #1) dated August 11, 2008 between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY, and Howard R. Green Company (HRG) of Cedar Rapids, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY secured the services of CONSULTANT to prepare construction plans, project manual, and detailed construction specifications; to submit construction documents to the Iowa Department of Natural Resources (IDNR, or Department) for review and approval; to provide for assistance in receiving bids and awarding construction contract(s); and to provide for assistance to the CITY in contract and construction administration, all as related to the design and construction of the expansion area west of the active landfill cells operating at the Iowa City Landfill and Recycling Center, and; WHEREAS, the Iowa Environmental Protection Commission (EPC) adopted amendments to the Iowa Administrative Rules pertaining to Sanitary Disposal Projects effective December 10, 2007. Further revisions to said amendments were adopted by the EPC in December 2008. The Rute Amendments adopted by the commission impose both additional (new) and different requirements relative to the documentation that is to be submitted to the department for review and approval for the siting and development of proposed landfill expansion projects, and; WHEREAS, this AMENDMENT is intended to supplement the original CONSULTANT AGREEMENT and prior AMENDMENT. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide the additional services as set forth herein. SCOPE OF SERVICES In addition to the Scope of Services in the November 5, 2007 CONSULTANT AGREEMENT and the August 11, 2008 AMENDMENT #1, the CONSULTANT agrees to perform the following additional services for the CITY, and to do so in a timely and satisfactory manner. (Note that to maintain compliance with milestones established by the Department and other regulatory agencies, many of the additional services described herein have been completed or are in progress as of this writing, as listed in Section III, COMPENSATION FOR SERVICES.) A. FY91 Abutment Liner/Regulatory Issues As required under the CONSULTANT AGREEMENT, AMENDMENT #1, and as directed by the CITY, CONSULTANT proceeded with the original FY09 landfill cell design based on the Administrative Rules that were adopted by the Environmental Protection Commission on December 10, 2007. Concurrent with the ongoing design effort, the 2007 rule requirements pertaining to abutment liners were being debated by the public and the Administrative Rules Committee of the Department. Ultimately in December of 2008, the Department again revised the Administrative Rules, specifically sub-rules 113.2(8) and 113.2(10) and Rule 113.3 of 567-Chapter 113. Up to that point in time, CONSULTANT expended considerable effort at the request of the CITY, pursuing additional options developed by both the CONSULTANT and Page 1 of 4 \\HRGCRNAS\DATA\PROJ\191130) WDMINW MDJF2_FY09\AMD#2-040909-IC.DOC the CITY, which were intended to comply with the December 10, 2007 edition rules, as being interpreted by the Department at that time. Those additional tasks (performed subsequent to AMENDMENT #1) induded: • Communications (phone calls, email, and meetings) with the Department and with the CITY regarding strategies for complying with the proposed rule changes and the associated requirements for; abutment liners, vertical expansions, and liner modeling. • Research of options for construction of barriers between landfill cells FY95 and FY91. Options included excavation and construction of a sloped abutment liner or vertically constructed clay barrier, slurry wall, and other physical barriers. The research included preliminary evaluation of quantities, constructability and technical feasibility. • Research of computer modeling approaches intended to simulate potential leachate migration through the existing clay soil between FY95 and FY91, and through the existing day liner of FY91, all in accordance with recent revisions to the modeling requirements as recently adopted by the U.S. EPA and the Department. • Explore the possible westerly expansion of Cells FY95 and FY96, as such possible expansion could be deemed consistent with pending rule changes relative to the requirements for abutment liners and vertical expansion of previously approved (complaint) existing landfill cells. • Meetings with CITY to present design related options and potential implications of proposed rule changes. • Resolution of related issues with IDNR staff. B. Design Changes Associated with IDNR Rule Interpretation and Revisions The Administrative Rule changes adopted by the Department in 2007 and the revisions of December 2008 have imposed both new and different requirements relative to the design and construction of new landfill units. The interpretations of certain requirements are developing over time and are being clarified by the Department since the rules were adopted. Based on recent communications of CONSULTANT with Department staff, the Department will require that new landfill cell designs include additional elements that were not originally induded in the FY09 design effort, as outlined under the AGREEMENT or AMENDMENT #1. These additional elements are described as follows: Rule 113.7(5)b.(10), regarding leachate collection systems, states that "... the containment structures and countermeasures for leachate storage [outside of the lined cell] shall be at least as protective of groundwater at the liner of the MSWLF unit on a performance basis." The Department has interpreted this to require that all piping and structures that carry leachate outside of the lined cell be doubly contained. CONSULTANT will modify the existing FY09 design to include double wall leachate piping, fittings, cleanouts, and structures (manholes). It is CONSULTANT'S understanding from the Department that this applies to new piping and structures. Therefore, existing piping and structures will only be modified to the extent necessary for the FY09 construction. Further, it is assumed that the previous design documents of the existing leachate collection system are sufficient for submittal, if so requested by the Department. This AMENDMENT does not include additional engineering verification of leachate quantities and adequacy of the existing piping and lagoon system. Page2of4 \\HRGCRNAS\DATA\PROJ1191130J1ADM IN W MD#2_FY09\AMD#2-040909-IC.DOC Rule 113.6(2)i., regarding separation of groundwater from the liner, states that "The separation of the base of an MSWLF unit from the high water table shall be measured and maintained in a manner acceptable to the department." The Department has interpreted this to mean that groundwater head levels must be directly measured underneath the liner. It is CONSULTANT'S understanding that the mere presence of a granular dewatering layer under the liner, or monitoring of piezometers installed at the edge of the cell, is no longer acceptable. CONSULTANT will modify the existing design to include one groundwater piezometer installed to address this requirement. The device will be placed under the side-slope of the liner and will monitor head levels in the groundwater drainage layer directly beneath the liner. Rule 113.7(4)b., regarding MSWLF unit sub grade, states that "The material beneath the MSWLF unit shall have sufficient strength to support the weight of the unit during all phases of construction and operation." Although previous MSWLF units at the site have been constructed on similar sub grade material will no difficulty, the Department is requiring documentation in the form of engineering calculations that demonstrate that potential sub grade settlement is acceptable. CONSULTANT will perform calculations using available soils information and assumed geotechnical parameters (based on literature values) for the soil types present at the site. This task does not include additional subsurface investigation or geotechnical testing. The Department's December 2008 rule revision effectively rescinded the December 2007 requirement of abutment liners for waste placed over existing compliant cells. Because of this rule change, the incorporation of the relatively small area that abuts FY95 and FY96 had become more viable and advantageous to the CITY for cell development. Considering the rule revision, the CITY requested that CONSULTANT expand the original design of FY09 to include the area to the south that abuts Cells FY95 and FY96. Additional engineering effort associated with this task includes: • Design of cell grades and layout for the expanded area, including access road, modification of existing manholes, and new leachate and groundwater piping. • Expansion of the "DOPs" drawings to indude the new area, including final cover grades, and modifications of storm water structures. • Calculation of material quantities for bidding. • Calculation of additional waste capacity to be gained from the expanded area. • Amendment of the current Storm Water Pollution Prevention Plan (SWPPP) as required under NPDES General Permit #1 to accommodate the additional portion of FY-09. GENERAL TERMS This AMENDMENT TO CONSULTANT AGREEMENT is subject to the same terms and conditions as listed in Section III of the of the original Consultant Agreement as executed on November 5, 2007. Page3of4 \\HRGCRNAS\DATA\PROJ\191130J1ADMIN\AMD#2 FY09V+MDp2-040909-IC.DOC III. COMPENSATION FOR SERVICES The effort for the additional andlor remaining services described herein is as follows. A. FY91 Abutment Liner/Regulatory Issues (completed) $ 28,600 B. Design Changes Assoaated with IDNR Rule Interpretation and Revisions in ro ress $ 38,000 This AMENDMENT TO CONSULTANT AGREEMENT provides for an additional cost of $ 66, 600. IV. MISCELLANEOUS a. The insurance requirements are the same as for the original CONSULTANT AGREEMENT as executed on May 1, 2007. b. All provisions of this agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. c. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire amendment to the original Agreement, and that no other monies or considerations have been solicited. Agreed to on this ~~'' day of ~1 , 2009. FORT CITY By: R a D. Bailey, Mayor FOR THE CONSULTAANT ' By: ~!~~~ G'~ Michael G. Fisher ATTEST: f aria Karr, City Clerk Approved by:G~ ~ ~~~i-' City Attorney's Office t1 ~~ yl ~ ~ Title: Vice President Page4of4 \\H RGCRNAS\DATAIPROJ1191130J\ADM IN\AMD#2_FY09\AMD#2-040909-IC. DOC ~f ~~~ Prepared by: Dan Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA (319)356-5144 RESOLUTION NO. 09-160 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO THE MAY 1, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR LANDFILL GAS, AIR AND WATER QUALITY MONITORING AT THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, the City entered into a Consultant Agreement with Howard R. Green Company Consulting Engineers ("Howard R. Green") on May 1, 2007 for the professional engineering services required to operate and monitor the landfill gas collection system, and the groundwater and surface water, and prepare necessary air and water quality reports. Said agreement was amended on August 11, 2008 to reflect revisions to the Iowa Administrative Rules; and WHEREAS, the Iowa Environmental Protection Commission further revised the Iowa Administrative Rules subsequent to the August 11, 2008 Amendment; and WHEREAS, a second amendment to the May 1, 2007 Agreement is now necessary and has been negotiated with and executed by Howard R. Green to address the revised Rules requirements regarding the monitoring and reporting of landfill gas, air and water quality, particularly regarding the increased number of wells required to be monitored and the number of annual tests that must be performed; and WHEREAS, the City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said second amendment to the May 1, 2007 Agreement with Howard R. Green. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Amendment to Consultant Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the provision of engineering services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement Amendment for and on behalf of the City of Iowa City, Iowa. Passed and approved this ATTEST: CITY Attorney's Office ~~~~'~~ pwengVesllandfill amend05.01#2.doc Resolution No. 09-160 Page 2 It was moved by Wilburn and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- x x ~_ _x- x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc AMENDMENT TO CONSULTANT AGREEMENT THIS AGREEMENT, as entered into on this the s~ day of ~J(.~, 2009, is an AMENDMENT (AMENDMENT #2) to the CONSULTANT AGREEMENT dated May 1, 2007 and subsequent Amendment (AMENDMENT #1) dated August 11, 2008 between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY, and Howard R. Green Company of Cedar Rapids, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY secured the services of CONSULTANT to (a), provide assistance to the CITY in the implementation of the Hydrologic Monitoring System Plan and in the related routine annual services at the Iowa CITY Landfill and Recycling Center, with the intention to enable the facility to remain in compliance with the requirements of the then current Iowa Department of Natural Resources (IDNR, or department) Sanitary Disposal Permit, and the then current Iowa Administrative Rules pertaining to the operation of Sanitary Disposal Projects and (b), provide assistance to the CITY in maintaining compliance with the Iowa Department of Natural Resources Title V Air Emissions Operating Permit for the subject facility, and; WHEREAS, the AGREEMENT was intended to cover CONSULTANT'S services as generally defined above for a period of three (3) calendar years, to include 2007, 2008 and 2009, and; WHEREAS, AMENDMENT #1 provided for additional services that were required by amendments to the Iowa Administrative Rules that were promulgated after the effective date of the AGREEMENT. As noted in AMENDMENT #1, certain monitoring and reporting tasks would remain undefined until certain monitoring and reporting tasks were completed for the 2008 monitoring period. WHEREAS, this AMENDMENT #2 provides for additional services completed or ongoing in 2008 and 2009 and is intended to supplement the original AGREEMENT and prior AMENDMENT #1. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide the additional services as set forth herein. SCOPE OF SERVICES The CONSULTANT agrees to perform the following additional services for the CITY, and to do so in a timely and satisfactory manner. Note that to maintain compliance with milestones established by the IDNR, some of the additional services described herein have been completed or are in progress as of this writing. A. Hvdrologic Monitoring System Plan Implementation The Hydrologic Monitoring System Plan (HMSP) was submitted to the IDNR in August 2008. As of this writing the HMSP has not yet been reviewed by IDNR. This task includes discussion of the plan with IDNR upon their review and a meeting with the CITY to discuss the plan's implications for groundwater monitoring requirements. It does not include revisions to the HMSP or the Hydrogeologic Investigation Report (HIR). Implementation of the HMSP recommendations includes two major components, including construction of new monitoring wells and groundwater sampling. \\HRGCRNAS\DATA\PROJ\723920JOSWOMIMAMD#21AMD#2-041709-IC_AS07-09.DOC Page 1 of 6 1. Monitoring Wells CONSULTANT will provide support to the CITY in the construction of 18 new groundwater monitoring wells. During this same drilling mobilization, one new landfill gas monitoring well will also be installed. Assistance will be provided as follows: (1) obtain and review driller quotes and provide a recommendation to the CITY to select a drilling contractor, (2) an HR Green geologist will make one trip to the facility to observe the staked well locations and review those locations with the CITY in relation to well spacing and waste boundary setback requirements, (3) schedule the drilling contractor, (4) provide direction to the driller on the collection and testing requirements for the soil samples, (5) provide part time construction observation including seven one-half day trips to the facility, (6) advise the CITY regarding their collection of water levels; review the CITY's water level readings to track well stabilization, (7) conduct slug testing of the 18 groundwater monitoring wetls including data collection, review and analyze the data to determine the well-specific hydraulic conductivity values, which will be reported to IDNR in the Annual Water Quality Report (AWQR), and (8) complete the IDNR's construction /documentation form for each well, which also will be reported to the IDNR in the AWQR. Services not included herein are (1) surveying to stake or re-stake the proposed well locations or to obtain as-built horizontal and vertical control, which will be needed for the documentation, (2) collection of water level measurements, (3) construction observation beyond the seven trips described above, and (4) coordination, surveying, measurements, testing, and construction observation related to the nine monitoring wells proposed in the HMSP that will be installed concurrent with construction of the expansion cells, and related to existing wells that will be plugged and abandoned concurrent with the construction of the expansion cells. 2. Groundwater Sampling CONSULTANT will provide support to the CITY in their sampling of 21 existing monitoring wells and 18 new monitoring wells. Assistance will be provided as follows: (1) verify the sampling plan with the IDNR prior to the first sampling event, (2) attend 1 meeting with the CITY to discuss the sampling plan and procedures, (3) advise the CITY regarding detection monitoring for the new wells, (4) advise the CITY regarding assessment monitoring for the existing wells, (5) advise the CITY regarding independent events to establish background for detected Appendix II constituents, and (6) documentation for the landfill operating record. Services not included herein are (1) field assistance with sample collection and shipping, (2) coordination of commercial analytical services, and (3) resampling to verify findings, which is not anticipated. B. Annual Statistical Analysis The development and implementation of site-specific statistical methods and the performance of the statistical analysis occurred after receipt of the analytical data in December 2008, subsequent to AMENDMENT #1. At that \\HRGORNAS\DATA\PROJ\723920JOSWDMINWMOtF2V1MD#2-041709-IC_AS07-09.DOC Page 2 of 6 point in time the data was evaluated and the appropriate statistical methods and analysis pursued under the requirements of IAC Chapter 113.10(4)"g-h". The level of effort required for the 2008 AWQR relative to previous AWQRs completed under the old rule and original AGREEMENT was greatly expanded, in significant part due to the statistical requirements. During late 2008 and early 2009 a statistical analysis methodology was developed specifically for the uppermost aquifer at the Iowa City Landfill & Recycling Center. The methodology satisfies the requirements of 40 CFR Part 258 RCRA Subtitle D methods. The selection of an appropriate methodology followed careful review of site-specific information pertaining to the geology, hydrogeology, groundwater and leachate composition, waste placement, and extensive discussion with IDNR staff. The analytical data were screened in relation to background seasonal and geologic variation and potential statistical methods were evaluated. Based on the evaluation, appropriate statistical methods were recommended for inorganic (metals) and organic (volatile organic compounds) constituents. The recommended statistical methods were illustrated conveniently by flow charts and comply with the performance standards pursuant to IAC 113.10(4)h. Specialized groundwater statistical analysis software (SanitasTM Groundwater Statistical Software, Version 8.7) was purchased to facilitate the analysis and Sanitas Technologies, a firm specializing in groundwater statistics, was consulted to formulate the methodology. Analysis for the 2008 AWQR was performed to establish upper statistical limits used to determine whether or not statistically significant increases over background had occurred. The analysis report included a summary of the data, time-series graphs, box-graphs, trend graphs, and narrative providing detailed descriptions of the background data screening, application of the appropriate statistical method, data analysis, and statistical analysis results. Sanitas Technologies was consulted for the statistical treatment and analysis of the data. The level of effort will necessarily increase again for the 2009 AWQR to analyze the next group of data collected in 2009 and early 2010. The data will be substantially increased relative to the first year, where the number of wells will approximately double to incorporate 18 new wells into the detection monitoring program, and where 21 existing wells will continue into the assessment monitoring program and into independent monitoring to establish background quality; and where the list of constituents increases by over 300 percent from detection monitoring to assessment monitoring. Sanitas Technologies will be consulted again for quality assurance, review, and treatment and analysis of the data. C. Annual Water Quality Resort The scope of the site-specific annual reporting requirements is largely dictated by the level of effort required for statistical analysis, which again was defined only after receipt of the analytical data in December 2008, subsequent to AMENDMENT #1. Under revised IAC Chapter 113.10 the AWQR to the department will detail the water quality monitoring sampling locations and results, assessments, selection of remedies, implementation of corrective action, and the results of corrective action remedies to address SSIs, if any, during the previous year. The report includes a site map that delineates all monitoring points where \\HRGCRNAS\DATA\PROJ1723920JOSWDMIMAMD#2NMD/f2-041709-IC_AS07-09.DOC Page 3 of 6 water quality samples were taken, and plumes of contamination, if any. The report contains a narrative explaining and interpreting all of the data collected during the previous year. The report is due each year on a date set by the department in the facility's permit. Specifically for the 2009 AWQR (which is due in 2010), the level of effort will be increased relative to the 2008 AWQR reflecting the number of increased wells entering detection monitoring, the expanded sampling fist for assessment monitoring, associated analytical requirements, and reporting requirements under IAC Chapter 113.10. The number of wells will approximately double to incorporate 18 new wells into the detection monitoring program and 21 existing wells will continue into the assessment monitoring program and into independent monitoring to establish background quality. The results of the statistical analyses will be reported in the AWQR, including extensive documentation of the data, input into the statistical software, trend analyses, methods, seasonal constituent variation, detections, statistically significant increases, and narrative description and interpretation of results in context of the hydrogeologic setting and hydrologic monitoring system plan. The Well Maintenance and Reevaluation Plan requires an assessment of well depth measurements to determine if the wells are physically intact and not filling with sediment. The results of slug testing for the new wells will be reported and compared to previous record of the uppermost aquifer. Documentation of new well construction, sample collection, analytical results, and statistical analyses of the data will be reported. Analytical data that is reported at least 45 days prior to the AWQR due date can be included in the report. Services not included herein are summaries of activities associated with selection of remedies and corrective action, which are not anticipated prior to submittal of the 2009 AWQR. RELATED SERVICES CONTRACTED SEPARATELY BY CITY The services included under this AMENDMENT #2 are dependent on performance of well drilling and analytical laboratory services. Historically, these services had been subcontracted by the CONSULTANT and/or performed by the CITY. Due to the expected cost of this work, the CITY and the CONSULTANT agree that this work will be contracted separately by the CITY and/or performed by the CITY. The contractor's invoices for these services will be reviewed by the CONSULTANT for conformance with the project and then forwarded to the CITY with recommendation of payment. For CITY budgetary purposes, the following engineer's cost opinions are presented for the services that the CITY will contract or perform separately during calendar year 2009, with some groundwater sampling and analytical costs rolling into calendar year 2010 and the installation of about nine wells and associated soils tests likely delayed until construction of the new expansion cell(s) pending DNR approval. Actual costs are to be negotiated directly between the CITY and the service provider and adjusted on a unit cost basis, as needed. CONSULTANT has obtained these budgetary costs by soliciting proposals from private sector well drilling and analytical laboratory companies for the anticipated but as yet not fully defined, work. Note that the scope of these requirements is as outlined in the 2008 AWQR. \\HRGCRNAS\DATA\PROJ\723920J051ADMINWMD#2WMD#2-041709-IC_AS07-09.DOC Page 4 of 6 Description Opinion of Probable Cost Monitoring Well Installation (27 wells) $41,000 Soils Tests for Geologic Characterization $12,000 Detection Monitoring Appendix I List $33,000 Assessment Monitoring Appendix II List $24,000 Establish Background Water Quality (15 wells) 14 000 IV. V. TOTAL -CONTRACTED SEPARATELY BY CITY $124,000 Note that the above costs are presented to the CITY for informational purposes only and are not intended to be tied in any way to this AMENDMENT #2. GENERAL TERMS This AMENDMENT TO CONSULTANT AGREEMENT is subject to the same terms and conditions as listed in Section III of the of the original Consultant Agreement as executed on May 1, 2007. COMPENSATION FOR SERVICES The compensation for the additional services described herein is as follows. Note that the total cost for each item is shown along with the corresponding deduction for the items that were induded under the original AGREEMENT. A. Hydrologic Monitoring System Plan Implementation 1. Groundwater and Landfill Gas Monitoring Wells $31,400 2. Groundwater Sampling $13,300 Less Original Contract Amount -Sampling Assistance (2009) - ($400) Less Original Contract Amount -Event Reports (2009) - 2 000 Subtotal: HMSP Implementation $42,300 B. Annual Statistical Analysis 2008 Annual Statistical Analysis (submitted April 2009) $30,500 2009 Annual Statistical Analysis (due 2010) 35 200 Subtotal: 2008 and 2009 Annual Statistical Analysis $65,700 C. Annual Water Quality Report 2008 AWQR (submitted April 2009) $38,900 2009 AWQR $58,400 Less Original Contract Amount (2008) - ($14,000) Less Original Contract Amount (2009) - 14 000 Subtotal: 2008 and 2009 AWQRs $69,300 This AMENDMENT TO CONSULTANT AGREEMENT provides for an additional $177.300.00. MISCELLANEOUS A. The insurance requirements are the same as for the original Consultant Agreement as executed on May 1, 2007. B. All provisions of this agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. \\HRGCRNAS\DATA\PROJ\723920J05WDMIMAMD821AMD#2-041709-IC_AS07-09.DOC Page 5 of 6 C. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire amendment to the original Agreement, and that no other monies or considerations have been solicited. FORT CITY FOR THE CONSULTANT B r sy: ~ ~ ~.~~ y~ R is D. Bailey ~ / Title: or Title: ~~_11~~~~f~'~~ Date: M.la o?oo Date: a ATTEST: .-r/ /~ . i~~ Maria K. Karr, City Clerk Applrovod gy ~~~~ ~.,~r ~7Z~iy ' pity attorney's Office ~ f ~z q ~o 11HRGCRNAS\DATA\PROJV23920J05WDMIMAMD#2WMD#2-041709-IC AS07.09.DOC Page 6 of 6 Publish 4/13 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION 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 Landfill Gas Collection System 2009 Expansion Project in said city at 7:00 p.m. on the 20th day of April, 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 Publish 4/27 ADVERTISEMENT FOR BIDS LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION 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 12th day of May, 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 19th day of May, 2009, or at a special meeting called for that purpose. The Project will involve the following: Landfill gas extraction system expansion at the Iowa City Landfill and Recycling Center. This includes installation of horizontal gas wells, well heads, and various modifications to the existing collection system. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 8710 Earhart Lane SW, Cedar Rapids, IA 52404, 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: July 3, 2009 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 Howard R. Green Company (Attention Pam Denison), 8710 Earhart Lane SW, Cedar Rapids, IA 52404, by bona fide bidders. A $40.00 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 April 28, 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 Printer's Fee $. CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, S5: THE IOWA~CITY PRESS-CITIZEN FED. ID #~42-0330670 I, ~~ €R ~S'I.J A KT2 Biiel£a, 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): ~.- Jt ~ _ Legal Cl~i k U Subscribed and sworn to efore me this ~~~`' day o A.D. 20~_. Notar Public OTZ putc o ~, {- ~`• Commission Number 732619 . pires 0 Comrnissior M ~ 11 y owc January 27, OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTI- MATED COST FOR THE LANDFILL GAS. COLLECTION SYSTEM 2009 EXPANSION PRO- JECT AT THE IOWA CITY LAND- FILLAND RECYCLING CENTER TO.A~4TQ~CPAYERS QFTHE 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 Gas Collection System 2009 Expansion Project in said city at 7:00 p.m. on the 20th day of April, 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 can- celled, at the neM 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 of 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 71917 April 13, 2009 Printer's Fee $ ~ ~9. D~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, 5S: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~ ~ G ~. f~ Su~Af:TZ Bea, being duly sworn, say that I am the legal clerk of the IOWA CITY PRE5S-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): Legal Cle 5ubscritied and sworn to before me this ~~" day o A.D. 20~" otary Public L1ND(~ KROTZ ~ctxt s ~ Commission Number 73res _°, ~, ° My Commis27 2o11P o~} _ January OFFICIAL PUBLIEATION __ ADVERTISEMENT FOR BIDS LANDFILL GAS COLLECTION SYSTEM 2l>09 EXPANSION PRO- JECT AT THE IOWA CITY LAND- FILL 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 12th day of May, 2009. Sealed. proposals will be •opened immediately thereafter by the City Engineer or designee. Bids submit- ted by fax machine shall riot be deemed a "sealed bid" for' purpos- es of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will tie acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. oh the fi9th day of May, 2009, or at a special, meeting called for that purpose. ' The Project will'invoNe the following• LAndfr~l gas extraction system axpansitirr~ at the Iowa City Landfill an~1 Recycling Center. This includes installation of hori- zontal gas wells, well heads, and various 'modifications to the existing collection system. All work is` to be done in strict compliance' with the plans and specifications prepared by Howard R. Green Company, 8710 Earhart Lane SV1(, Cedar Rapids, IA 52404, which have. heretofore been approved by the City Council, and are. on file foc public examination in tfte' Office of the City Clerk. Each proposal shall be completed on a form famished by the City and rrwst 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 stun of 1D%-, of the bid. The bid security shall be made pay-able 'to the TREASUF(ER OF THE -CITY OF IOWA CITY, 90WA, and shall-be forfeited• to the City of Iowa City in the event the. successful bidder fails to enterfnto a contract within ten (10): calendar days of the City Council's award of the confract and ' post bond'satisfactory to the City ensuring the faithful performance of the- contract and maintenance of said Project,rf required, pursuant to the provi-signs of this notice and the other contract documents. Bid bonds of .the .lowest two or more bidders may be retained fora peri- od of not to exceed fifteen (15) cal- endar days following award of the contract, or until rejection is made. Other bid .bonds will ba returned after the canvass and tabulation of bids is completed and reported to the City Council. The stccessful bidder will be required to furnish a bond in an amount equal to one hundred per- cent (100°1°) of the contract price, said bond to be issued by a respon- sible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City ftom all claims and dam- ages of any kind caused directly or indirectly by the operation of the trorttract, and shall also guarantee the rttaintenance of the improve- ment for a period of two (2) year(s) from and After its completion and formal act>eptance by the City Council. The following limitations shall apply to this Project: Completion Date: July 3, 2009 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 Howard R. Green Company (Attention Pam Denison), 8710 Eafiart Lane SW, Cedar Rapids, IA 52404, by bona fide bid- ders. A $40.00 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 April 28, 2009 at the landfill site. Attendance at the pre- bid conference is recommended but riot required. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of mirronty 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 t"edn 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-. acts 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 rejectany orrall 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 72007 April 27, 2009 Prop 15. Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 09-186 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION PROJECT. WHEREAS, Summers Enterprise of Masonville, Iowa has submitted the lowest responsible bid of $227,926.10 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 Summers Enterprise, 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 19th day of ~ May , 20 09 \\\\ C.Q~ ATTEST: ~ ~wa DEPUTY CI ERK Approved by " 1~~~ City Attorney's Office ~~~ o ~ It was moved by Wright and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x ~- x x ~- x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pweng\res\awrdcon-LGCS09.doc 5/09 A .. ..i Howard R. Green Company Landfill Gas Collection System 2009 Expansion Project No. 191130J01 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 SL,~m~1p~'~` F~,~roc;s~ Tn~. ("Contractor"). Whereas the City has prepared certain plans, specifications, proposal and bid documents dated the ~_ day of '?I,tn~ , 2009, for Landfill Gas Collection System 2009 Expansion, Iowa City Landfill and Recycling Center ("Project"), and 1 1 A r 1 C 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 / 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 Requirement); i. Instructions to Bidders; ,~. j. Form of Proposal and Bid Documents; '° ; ; - ~ k. Performance and Payment Bond; `= ~' ~ ' sv I. General Conditions; w' `' '" ~ ~ ~ m. Supplementary Conditions; and ~~ O n. This Instrument (Form of Agreement). A - ~. .c7 ~.~> 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 Project No. 191130J01 Landfill Gas Collection System 2009 Expansion 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): _ >> r~~ a .. ~:: - ~ ,_., _...._ ;v ~. .,C as °''` y~« 1 O: ~ ;~o ~ .~ 4. Payments are to be made to the Contractor in accordance with the Supplementary Conditions. DATED this day of (.u~ , 20~. CITY B CONTRALTO B ~ (Title) 1"l~e,Si ~~~ Mayor ATTEST: ~~ City Clerk ATTEST: ,~~~~ ~r-tiP~ (Title) rP~rl'J (C mpany Official) Approved By: A !y`~/ PvGV City Attorney's Office 7 2i vq FORM OF AGREEMENT 00500 - 2 BOND#GRIA17021 B Howard R Green Company Landfil~ Gas Collection System 2009 Expansion Project No 19113CJ01 Iowa City Landfill and Recycling Center lo~nra City, totiva PERFORMANCE AND PAYMENT BOND ......~ Summers' Enterprise, Inc. 1776 Buchanan-Delaware Ave, Masonville, IA 50654 g==as {y (insert the name and address or legal title of the Contractor) ; ,, - ~ h,~ Principal, hereinafter called the Contractor and Granite Re, Inc. -~-1 ~'~ -~ 14001 Quailbrook Drive, Oklahoma City, OK 73134 as Surety, herfter~ (insert the legal title of the Surety) ~ ~` `.a 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 Two Hundred Twenty-Seven Thousand Nine Hundred Twenty-Six and 10/100 Dollars ($227,926.10 )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 June 1st, 2009 (date) entered into a written Agreement with Owner for the Landfill Gas Collection System 2009 Expansion Project; and WHEREAS, the Agreement requires execution of this Pertormance 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 v~ith 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 :.: i'1 PERFOR~IIANCE & PAYMENT BOND 00610 - 1 Howard R Green Company Project No. 191130J01 Landfill Gas Collection System 2009 Expansion 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 thz 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 andlor 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 format acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any persor. 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 1st DAY OF June , 2009. IN THE PRESENCE OF: Summers' Enterprise, Inc. _ (Principal) .~ ~ AO ~/~1 Y,~/Nnn I w }'~ Witness TO~d `- (Tale) t'P~S~dent• Granite Re, Inc. C7D ,~* ~" ur ~ ) ~ ~; L sca, t o hey-in-Fact t ` v .~ -~ ~ ~ ~u Witness li J. Hansen Title) I ~ ~- - ;~ r- J. Ryan Bonding, nc. ~~- "~- "~ ~- 2920 Enloe St, Ste 103 ..~?c'*3 ` r tiff (Streeq c" ~ ~` Hudson, WI 54016 ~'~,~:, ~..__ :~.-< (City, State, ip 800-535-0006 (Phone) PERFORMANCE 8 PAYMENT BOND 00610 - 2 ACKNOWLEDGMENT OF•PRINC)PAL (Individual) State of ___ --- County of On this _ day of , in the year 20 ,before me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument, and acknowledge(s) to me that he executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of _ _ County of On this - _ ___ __ _ day of _ _ , in the year 20 ,before me personally come(s) a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of County of On this day of , in the year 20 ,before me personally come(s) _ __ , to me known, who, being duly sworn, deposes and says that he resides in the City of that he is the of the the corporation described in and which executed the foregoing instrument,and that he signed his name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY State of Wisconsin County of St. Croix On this 1st day of June , in the year 2009 ,before me personally come(s) Liz Mosca Attorney(s)-in-Fact of Granite Re, Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he/she reside(s) in Hudson. WI that he/she is (are) the Attorney(s)-in-Fact of company Granite Re. Inc. ,the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and tlaatlhb :eal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Compal~y,ti~arie#~~at,he signed said instrument as Attomey(s)-in-Fact of the said Company by like order. ` ,- :,~ ~'g: f~ ... _ t 0 I 'j,±', GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; BRYAN JAY HUFT; LIZ MOSCA its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; BRYAN JAY HUFT; LIZ MOSCA may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and SecretarylTreasurer, this 2"a day of December, 2008. Q.'" TE Rl, ~' 0 aM~°14 ~ C President Kenneth D. Whittin on _ STATE OF OKLAHOMA ) SEA L , -7 i J COUNTY OF OKLAHOMA) Rodman A. Frates, Secretary/Treasurer On this 2"d day of December, 2008, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. A ~R ~pTA My Commission Expires: May 9, 2012 r Commission #: 00005708 Notary Publi GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 1 st day of Jun , 2009 ~„' E,~ w .~,a,,. SEA L ,w~~~,,. odman A. Frates, Secretary/Treasurer GR0800-1 ~,~'o ` Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 RESOLUTION NO. 10-285 RESOLUTION ACCEPTING THE WORK FOR THE LANDFILL GAS SYSTEM 2009 EXPANSION PROJECT 06-01-10 2f 7 WHEREAS, the Engineering Division has recommended that the work for construction of the Landfill Gas System 2009 Expansion Project, as included in a contract between the City of Iowa City and Summers Enterprise, Inc. of Masonville, Iowa, dated June 1St, 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 $236,637.04. 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 ~ st day of .T,inP , 20~_• MAYOR Approved by ATTEST: ~14~~ ~ • ~~'"~ CITY CLERK 1 City Attorney's Office s ~~ lc~ It was moved by Champion and seconded by wrj„ghr the Resolution be adopted, and upon roll call there were: AYES: x x x _~_ x x x Pweng/res/Acptwk-landfillgassystem. doc 5/1 D ABSENT: NAYS: Bailey Champion Dickens Hayek Mims Wilburn Wright 2 C C 2 LA Z 3 ri r% Ir I I c- -r LOCATION MAP SCALE 0 0.51 1.0 2.0 Miles C-04 DETAILS I 111%-F %AW%R%A5 I owl gut %a: 4%a us ow g%aw�w v4 #%A %AWW of incorporated herein, as an instrument rofessional service, is the property of Howard R. Green Company, and is not to be used, in whole or in part, for an other project without the written au horization of Howard R. Green Company. 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 and the laws of the State of Iowa. ��° � - 3 JON E. JON SCHARF DATE SCHARF i rise Number: 11786 11786 My license renewal date is DECEMBER 31 2009 Pages or sheets covered by this seal: G-01, C-01 THROUGH 'C-04 /Ow 2550 UNIVERSITY AVE W, SUITE -400N PHONE (651) 644-4389 WATTS 1-888-368-4389 FAX 651-644-9446 http:\\www.hrgreen.com CEDAR RAPIDS, IA DES MOINES, IA SIOUX CITY, IA -MOLINE, IL ST. PAUL, MN ST. LOUIS, MO SIOUX FALLS, SD HOUSTON, TX March 02, 2009 2:50:43 p.m. 191130J01\Dwgs\G\G-01.DWG ISSUED FOR BIDDING SHEET NO. G=01 0 > ww 0, > r ' ; , 1 f 1 i 1 , r a a _ € t , !.`! Y_.TES: 1. TOPOGRAPHIC BASE MAP BASED ON OCTOBER, 2006 AND SEPTEMBER, 20017 AERIAL DATA, CELLS FY95 —FY06 UPDATED BY CITY OF IOWA CITY IN OCTOBER 2006. 1 MAPPING DATUM: NAD 27 STATE PLANE, HORIZONTAL; NGVD 29, VERTICAL. LEGEND & GAS WELL (D TRENCH WELLHEAD TIE —IN LOCATION 0 CLEANOUT N CONTROL VALVE *.CONDENSATE KNOCKOUT o IN —LINE CONDENSATE SUMP o REMOTE CONDENSATE SUMP MH— MANHOLE C.4.— LEACHATE LINE CLEANOUT GAS HEADER do LATERALS TRENCH WELL ESTIMATED PROJECT QUANTITIES Item No. Description Unit Estimated Quantity As Built 1 Mobilization and General Project Administration LS 1 2 Well Head Assembly EA 9 3 Header Pipe, SDR -17 HDPE, 6" Dia., Solid LF 11540 4 CMP Road Crossing (Header Protection) LF 270 5 Heade'r /Leachate Cleanout Pipe Connection EA, 3 6 LFG. Collection Trench LF 41770 7 HDPE Leachate Manhole (MH AA), including 12" Valve EA 1 8 HDPE Leachate Manhole Inspection Ports and Misc. HDPE Manhole Improvements LS 1 9 Access Road Class A Crushed Stone Aggregate Ton 100 ,+ 1 1 " ': \. :,.. e. x,- ... .+m.r.•.:.m.. .ew,w_.. «.m- Jr,....t!, _.. ... z�ne�w.. . �t- ..'i"r ..m-.. e P TO \ .� . ,,. RE ER F ROJECT MANUAL FOR A COMPLETE DESCRIPTION OF ITEMS. - 0 'M _n, .,_ r E ! F .d f 5¢, .:,.: .. f `� f }pP9• '�f� .. ..,. � � C ."«'....i""w , r , � r ,. , . .tea..,.+..++. r✓� . 134:. 0 Z 0 C) Q x 0 x 0 LLj z 0 V) 0 x Ca 0 x V) x 0 (n x 4- x DRAWN By: CRR JOB DATE: 2009 APPROVED: JES PROJECT NUMBER- 191130J01 CAD DATE: 3/20/2009 CAD FILE. 0:\CAD\191130J01\DWGS\C\C-02.DWG NO. DATE BY REVISION DESCRIPTION IL Howard R. Green Company LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION IOWA CITY LANDFILL AND RECYCLING CENTER I0wA CITY, Iowa CIVIL 'HORIZONTAL WELL 2009 EXPANSION LAYOUT SHEET NO. C=02 MR I .54 BACKFILL WITH REFUSE 4"0 HDPE WELL RISER 2.33 (5 4 "0 FLEXIBLE HOSE- 4"0 HDPE FLANGE map-mawilzitim 0 4" SCH 80 PVC 90* BEND 4" SCH 80 PVC PIPE NPT, 7" LENGTH V) w >0 0 IV) 0 Iq - 0 z 0 Lo 6 w ow I stfe 0 z \ ss, COMPACT .BEDDING TO 95% STANDARD PROCTOR Lo COMPACT TRENCH BOTTOM 1.5 X PIPE O.D. MIN. WITH MECHANICAL VIBRATORY 30 IN, TYPICAL 3% SLOPE (MIN) PLATE TAMPER TO WELL HEAD DETAIL NQIES:o "0 HDPE MOLDED ELBOW 1. KEEP OPEN ENDS OF PIPES COVERED DURING INSTALLATION TO PREVENT DEBRIS AND RODENTS FROM ENTERING PIPES. "0 HDPE 2. TO MINIMIZE LANDFILL GAS MIGRATION IN GRANULAR BEDDING, 5 LF OF COMPACTED CLAY SHALL BE SUBSTITUTED FOR GRANULAR BEDDING SLOPE CUT EXISTING PIPE & CONNECT GAS COLLECTION PIPE WITH BUTT-WELDED TEE FITTING OR AS 0" HEADER AND PIPE COVER AT 50 FT INTERVALS ALONG HEADER TRENCH. APPROVED BY 'ENGINEER. 3. SEED AND MULCH AREA DISTURBED BY CONSTRUCTION. 110 HDPE 10 x6" TEE HEADER TRENCH 4.00 TO LEACHATE SCALE: NO SCALE COLLECTION SYSTEM EXISTING TRENCH WELL STUB-UP, (TYP) LEACHATE C.LEANOUT/LFG SYSTEM CONNECTION SCALE: NO SCALE SCALE: NO SCALE DRAWN BY: XXX JOB DATE: 2009 APPROVED: XXX PROJECT NUMBER:. 191130JOl CAD DATE: 3/20/2009 CAD FILE: 0:\CAD\191130J01\DW0S\C\C-03.DWG AM Ift /6\4"O GATE VALVE 6" ORIFACE PLATE( 6" 0 PERFORATED HDPE 1.00 MIN. PIPE SDR-17 1% MINIMUM 60* 4"0 HDPE FLANGE REMOVE EXISTING 6" BLIND SLOPE TOWARD END rN.) FLANGE AND INSTALL 6" HDPE OF COLLECTION TRENCH SAMPLE MONITORING BLIND FLANGE WITH 4" NPT FOR DRAINAGE PORT (TYP. 3) ul 3"0 ANALOG THERMOMETER WITH 1/2" NPT NUT CONNECTION TAPPED INTO WELL CASING. i MOUND SOIL AROUND FINISHED INSTALL 6" BELOW FLANGE. STRUCTURE TO PROVIDE EVEN SLOPE 1.00 MIN. 1.00 MIN. 4"01 HDPE WELL, RISER TO EXISTING SURFACE. MINIMUM 10 RADIUS AROUND WELL. SEED AND Ml 11 rW AREA nllqTl IPPFn PY V) w >0 0 IV) 0 Iq - 0 z 0 Lo 6 w ow I stfe 0 z \ ss, COMPACT .BEDDING TO 95% STANDARD PROCTOR Lo COMPACT TRENCH BOTTOM 1.5 X PIPE O.D. MIN. WITH MECHANICAL VIBRATORY 30 IN, TYPICAL 3% SLOPE (MIN) PLATE TAMPER TO WELL HEAD DETAIL NQIES:o "0 HDPE MOLDED ELBOW 1. KEEP OPEN ENDS OF PIPES COVERED DURING INSTALLATION TO PREVENT DEBRIS AND RODENTS FROM ENTERING PIPES. "0 HDPE 2. TO MINIMIZE LANDFILL GAS MIGRATION IN GRANULAR BEDDING, 5 LF OF COMPACTED CLAY SHALL BE SUBSTITUTED FOR GRANULAR BEDDING SLOPE CUT EXISTING PIPE & CONNECT GAS COLLECTION PIPE WITH BUTT-WELDED TEE FITTING OR AS 0" HEADER AND PIPE COVER AT 50 FT INTERVALS ALONG HEADER TRENCH. APPROVED BY 'ENGINEER. 3. SEED AND MULCH AREA DISTURBED BY CONSTRUCTION. 110 HDPE 10 x6" TEE HEADER TRENCH 4.00 TO LEACHATE SCALE: NO SCALE COLLECTION SYSTEM EXISTING TRENCH WELL STUB-UP, (TYP) LEACHATE C.LEANOUT/LFG SYSTEM CONNECTION SCALE: NO SCALE SCALE: NO SCALE DRAWN BY: XXX JOB DATE: 2009 APPROVED: XXX PROJECT NUMBER:. 191130JOl CAD DATE: 3/20/2009 CAD FILE: 0:\CAD\191130J01\DW0S\C\C-03.DWG AM Ift ISSUED FOR BIDDING SHEET NO. C=03 > 5— rN.) ISSUED FOR BIDDING SHEET NO. C=03 T w O�M TEMPORARY CAP CARRIER AND SECONDARY PIPE STUB (FOR FUTURE FY09 CELL) 14" x 12" SDR 17 HDPE LEACHATE HEADER (FOR FUTURE FY09 CELL) 24" ID HDPE MANWAY WITH HDPE AIRTIGHT COVER WITH BASKET AND EIGHT (8) SS BOLTS. 2" THICK HDPE CONTAINMENT RING 48" SDR 32.5 HDPE PIPE 8" SDR17 HDPE PIPE STUB WITH GUSSETS AND 8" TEE WITH BLIND FLANGE 14 "x12 "SDR 17 HDPE PIPE STUB WITH GUSSETS (FOR FUTURE FY09 CELL) 36" x 2" THICK HDPE CONTAINMENT BOTTOM- -,,, 6' x 6' x 12" CONCRETE BASE w/8-3/4 -0 STAINLESS STEEL THREADED ROD, WASHERS, AND NUTS AS ANCHORS —i #4 0 12" 0. C. E. W. - DRAWN BY: XXX JOB DATE: 2009 APPROVED: XXX PROJECT NUMBER: 191 130J01 CAD DATE: 3/23/2009 CAD FILE: 0: \CAD \191130J01 \DWGS \C \C- 04.DWG 11 . Y. 8" SDR -17 HDPE, GAS PIPELINE MARKER CONNECT TO EXISTING 14 "W X 7 "H WARNING ------ SIGN 0" MIN SIGN 0.063 ALUMINUM 5' -0" MIN BAKED ENAMEL FINISH, BLACK LETTERS GAS STEEL CHANNEL SIGN GAS f,'' PIPE— POST, BAKED ENAMEL PIPE— Ile,, . � ( • LINE FINISH LINE f f f f,.- �,\ �l\ 1 12 " SDR -17 HDPE, SURFACE GRAVEL ROAD 3{} CORRUGATED METAL PIPE � ! 1 FLANGE CONNECTIONS TO j f r n (CMP} CASING 1 2 NEOPRENE FULL FACE STEEL BACKUP RING {} ; r 0 � � VALVE AND EXISTING PIPE. HDPE PIPE FLANGE GASKET NUTS, BOLTS, AND WASHERS (CADMIUM OR ZINC PLATED) r r ` i HDPE FLANGE ADAPTOR �/� �t (1i'l ----- - - - - -- _------------------------------------ - - - - -- t HDPE PIPE O r tt - -- ------------------------ --------- - — -- -- — — 12" GATE PIPE BEDDING VALVE DETAIL NOTES. 1. IN AREAS WHERE ROAD CASING IS REQUIRED, USE GALVANIZED CMP CASING TWO PIPE SIZES LARGER THAN HEADER PIPE. 2. LOCATION OF ALL ROAD CASINGS TO BE COORDINATED WITH ENGINEER. INSPECTION PORT 4 3. SURFACE ACCESS ROAD WITH 4" THICK CRUSHED STONE (IOWA DOT 4120.04 ). C -04 FLANGE CONNECTION (TYP) TYPICAL HEADER CASING SCALE: No SCALE SCALE: No SCALE NEOPRENE FULL FACE STEEL BACKUP RING FLANGE GASKET NUTS, BOLTS, AND WASHERS BLIND FLANGE (CADMIUM OR ZINC PLATED) 2" THICK HDPE TOR HDPE FLANGE ADAPTOR HDPE PIPE CT — 1" PVC PLUG FOR LEAK DETECTION PVC SLIP COVER EL 693.00 END OF PIPE MECHANICAL PLUG (CHERNE GRIPPER OR EQUAL) BLIND FLANGE VALVE BOX BASE AND NO- -TILT 6" 0 SDR -17 PIPE. DROP COVER. ADD EXTENSIONS AS EXTRA "SION WELD TO SCALE: No SCALE NEEDED TO BRING TO GROUND.: MANHOLE TOP a- HDPE MANHOLE TOP au lfl SURFACE. MINIMUM OF 6" ADDITIONAL ADJUSTMENT WHEN BOX IS AT GROUND SURFACE. (TYLER MODEL 6860 OR EQUAL) GENERAL NOTES: VALVE STEM EXTENSION TO BRING 1. LANDFILL GAS AND CONDENSATE SYSTEM MAY CHANGE DUE TO SITE OPERATING NUT TO POINT 6" CONDITIONS AT THE TIME OF CONSTRUCTION. BELOW BOX COVER. PROVIDE MANHOLE INSPECTION PORT DETAIL 2. ALL PVC PIPE AND FITTINGS ARE SCH 80 EXCEPT AS NOTED. _VALVE WRENCH... 3. ALL HDPE PIPE IS SDR -17 AND ALL HDPE FITTINGS ARE SDR -11 EXCEPT SCALE: NO SCALE AS NOTED. 4. ALL NUTS, BOLTS, AND WASHERS ARE CADMIUM OR ZINC PLATED UNLESS 12 PLUG VALVE, FLANGED JOINTS, OTHERWISE NOTED. PLASTIC WRAP ALL BURIED FLANGES AND VALVES. CAST IRON BODY WITH RESILIENT FACED 5. BRACE RISER PIPES, VALVE STEM CASINGS, AND WELL HEADS AS PLUGS AND CORROSION RESISTANT REQUIRED TO KEEP VERTICAL PIPING STRAIGHT AND PARALLEL DURING SEATS SUITABLE FOR LANDFILL CONSTRUCTION. CFACHATF (DF7liRIK nR F(Jl1Al1_ 0 LEAC HATE MANHOLE SCALE: NO SCALE REVISION DESCRIPTION LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION IOWA CITY LANDFILL AND RECYCLING CENTER IOWA CITY, IOWA I SHEET■ 'O C=04