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Home My WebLink AboutLANDFILL & RECYCLING CENTER / FY06 CELL CONSTRUCTION / 2005 Lo,nclf/I ~ ReCYC\"'3 CerJ"'vIFYOh C.e 1/ Co hS ~V'\J C ~ OlrJ c?ooS ~'3 Q I 0-+ .;J. b<6- ~~L- oS p( q 'tiS ~..e c'r-f; cR+', on 'S J~ ," (Y1 o-C co r-J('C( c.J-- e. (?sJ, rn D.. ~ vi-' / r J . C:D~ +"',.- Lv."dI; It * R"''ftJ; J Ce"J-ev; f='y Db C"J[ i\..s -l-n.<<_ -I-',c",--_ Jj--JUl.- u,:> R~SDlLAt,t.O~ 05-d.d'l -S'C#;h;J cz p0..b/;c h..ll.ay<Y1~ DYI~/d /9/ tio!)5 OY' pIC\.VlS/ SffC;-f;CD.{~:Oyt,s) ~o,yv-. 0+ cun~Y-c<c-i; ~V1d €J.;~1L 0+ ((}s-l ,+Or fh-t CO/7.s~IU.C+;O~ ot-- Me -Xcw~ C;y ~h d +: / ( ~60fo C~/ ( QflciV'l{c.1'D~ :-RojQ.d: d; ,(~\JC---r~),1S C', -7 C lev,k ~f) fLtb L s, h /Lo+ ic~ ot' SClc1 h~C{ ~ ~ nj) Qrd d, y'<< c-+" "''Z\ C 'yE '(\'3-; i1 Nf" jD pia [e sa i d fl Cd'S Dn -f; 1,,- -h,,.. f'uY;c:.. )Y\5f~e-+; Or\.. 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H~ ,.- () ) '1 "-- -l-o 'f('ou;da \:'V'8;hQ'E'r'IV\.8' COf'lSCJ..l-/.Gth+ SQrV,ctr -fD.r 1L bsl,s",'d,e. 1f7clv;J C~n~~r -p r~ Q c-f-;. ) ~- O=r- D7. f-:.n~'lnu..v- 5 R~~+-- o7~ !l/ov~ Df R~so {v.-.-\-;o",\ 0 1- 3J7.r RJ:.c..0-~o ~ uJ<!l('1L +0(" +he.. Lc..nd~ {/ fjo' ,C'e II ~~~~on. R-o~~. I r i '- Consulting Engineers: HOWARD R. GREEN COMPANY PO Box 9009 Cedar Rapids, IA 52409 Opinion of Probable Cost FY06 Cell Construction City of Iowa City Sanitary Landfill Iowa City, Iowa - 2005 #728170J II:ml Description I Estimatedl Unit Unit Price Total Quantity 1 Excavation 381,000 c.y. $ 2.70 $ 1,028,700.00 2 C&D Waste Removal and Redisposal 30,000 c.y. $ 6.00 $ 180,000.00 3 Clay Liner 67,000 c.y. $ 3.50 $ 234,500.00 4 Leachate Drainage Layer, Tire Chips, 12" 5,990 ton $ 17.00 $ 101,830.00 5 Leachate Pipe, SDR 17 HDPE, 6" Dia., Perforated 661 Lf. $ 16.00 $ 10,576.00 6 Leachate Pipe, SDR 17 HDPE, 6" Dla., Solid 297 Lf. $ 15.00 $ 4,455.00 7 Leachate Pipe, SDR 17 HOPE, 8" Oia., Solid 122 Lf. $ 18.00 $ 2,196.00 8 Ground Water Pipe, SDR 35 PVC, 4" Dia., Perforated 1 ,446 Lf. $ 14.00 $ 20,244.00 9 Ground Water Pipe, SDR 35 PVC, 8" Dia., Solid 189 Lf. $ 18.00 $ 3,402.00 10 Storm Sewer Pipe, CMP, 12" Dia. 38 I.f. $ 20.00 $ 760.00 11 Storm Sewer Pipe, CMP, 18" Dia. 42 Lf. $ 25.00 $ 1,050.00 12 Storm Sewer Pipe, CMP, 30" Dia. 62 Lf. $ 32.00 $ 1,984.00 13 Storm Sewer Pipe, CMP, 42" Dia., Removal and Reinstall 162 Lf. $ 30.00 $ 4,860.00 14 Leachate Cleanout, 6" 1 each $ 200.00 $ 200.00 15 Ground Water Cleanout, 6" 2 each $ 200.00 $ 400.00 16 Gee-composite drainage layer 134,000 s.f. $ 0.50 $ 67,000.00 17 Valve, 6" 1 each $ 3,000.00 $ 3,000.00 18 Manhole and Appurtenances, HDPE, 48" Oia. 1 each $ 7,000.00 $ 7,000.00 19 Manhole Adjustment 3 each $ 500.00 $ 1,500.00 20 Class A Crushed Roadstone 5,650 ton $ 13.00 $ 73,450.00 21 Macadam Stone 6,100 ton $ 15.00 $ 91,500.00 22 Erosion Stone 68 ton $ 25.00 $ 1,700.00 23 Rip Rap Material - Class E Revetment 400 ton $ 25.00 $ 10,000.00 24 Engineering Geo-gridfor Road 16,670 s.y. $ 2.00 $ 33,340.00 25 Seeding I Fertilizing I Mulching - Rural Mix 35 acres $ 1,200.00 $ 42,000.00 26 Bales for Erosion Control 613 Lf. $ 2.00 $ 1,226.00 27 Placement of Compost windrows 415 c.y. $ 10.0C $ 150,000.00 28 Mobilization 1 Ls. 20.00 $ 2,076,873.00 Total of Items 1 through 28 " \",.:".., f'0 OWNERSHIP OF DOCUMENT Specification No. This document, and the ideas and designs incorporated herein, as an instrument of professional service, is the property of Howard R. Green Company and is not to be used, in whole or in part, for any other project without the written authorization of Howard R. Green Company. PROJECT MANUAL FOR IOWA CITY LANDFILL AND RECYCLING CENTER FY06 CELL CONSTRUCTION IOWA CITY, IOWA 2005 O:\PROJ\728170J\DESIGN\Specs\COVER.DOC ).> -:-",) ., , (J w '~i';:,">;t~,:::,.,/. I hereby certify that this engiM~Hing documgnt was pmpamd by mg or under my direct personal supervision nd that I am a duly licensed Professi I Engineer u he la of the State of Iowa. Date: 7 -C- "s- Name: License Number: 14049 My renewal date is: December 31,2006 Pages or sheets covered by this seal: Entire Bound Document -, .,/ '... ...L> ('.;) c...) O:\PROJ\728170J\DESIGN\Specs\CertificateBKH OS.doc Table of Contents Section Title # of Pages 00031 Notice of Public Hearing......................................... ............................................. 1 Advertisement For Bids..... ........................................ ....... ..... ............................... 3 Note to Bidders ....................... ....................................... ............ .......................... 1 Restriction on Non-Resident Bidding on Non-Federal-Aid Projects.................... 1 Contract Compliance Program - City of Iowa City ...............................................7 Instructions to Bidders ...... ...... ........................ .......... ............... ... .... .... ................. 7 Form of Proposal.. .....:................................................................ .......................... 4 Bid Bond.......... ...................... ............................................................................... 2 Notice of Award........................... ............................... .......................................... 2 Form of Agreement......................................................................... ..................... 2 Performance and Payment Bond................... ........................ .............. ............ ... 3 Notice to Proceed........................................................................... ....................... 1 '.._:;.,1 1 City of Iowa City - General Conditions.............................................:....C.'.......... 44 Supplementary Conditions.............................................................. ................ .1.. 15 Summary of Work ............................................................................ ..... ............... 4 Measurement and Payment..............................................................:............ .~. ~. 4 Coordination and Meetings.............................................................. ..~.:;........ ..('.:... 3 Abbreviations.................................................................................... .~~........... ~~. 3 Reference Standards...................................................................... ..................... 3 Submittals......................... ................................................................................... 5 Quality Control.....,...........,.......................................................................... ......... 8 Construction Facilities and Temporary Controls ................................................. 2 Material and Equipment............................................ ..... ...... ................................ 3 Starting of Systems....................................................:......................................... 2 Contract Closeout............................................................. ...... .... ......................... 2 Cleaning................................................................................................. ........ ...... 2 Operation and Maintenance Data..... ............................... ........... .... ........ ............. 5 Excavation, Backfilling & Compaction.... ........ ...... .............. ................ ............... 14 Trenching, Backfilling and Compacting ............................................................. 11 00100 00300 00410 00490 00500 00610 00670 00700 00800 01010 01025 01039 01070 01090 01300 01400 01500 01600 01650 01700 01710 01730 02220 02221 O:\PROJ\728170J\DESIGN\Specs\TOe OS.Doe Toe - 1 Table of Contents 02762 02779 02780 02781 02920 Landfill Piping........................................................................ ...... .............. ........... 7 Compacted Clay Liner.. ...................................................... ............... ...... ...... ...... 3 Drainage Layer................................ ........ .................................................... ......... 5 C&D Waste Removal and Redisposal.... .................................. ........................... 8 Surface Restoration ............. .... .................................................... ............. ........... 4 )> C) O:\PROJ\728170J\DESIGN\Specs\TOC 05.DOC TOC - 2 Howard R. Green Company Project No. 728170-J NOTICE OF PUBLIC HEARING FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00031 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE CONSTRUCTION OF THE FY06 CELL CONSTRUCTION PROJECT IN THE CITY OF IOWA CITY, IOWA. 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 FY06 Cell Construction Project in said City at 7:00 P.M. on the 19th day of July, 2005, said meeting to be held in the Emma J. Harvat Hall in the Civic Center, 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 Civic Center 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. --~, , ' ,/ "~ ? ('.) .j::"" MARIAN K. KARR, CITY CLERK 00031 - 1 Howard R. Green Company Project No. 728170-J ADVERTISEMENT FOR BIDS FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City,lowa ADVERTISEMENT FOR BIDS FY06 CELL CONSTRUCTION PROJECT 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 AM. on the 16th day of August, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. 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 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 16th day of August, 2005, or at such later time and place as may be scheduled. The Project will involve the following: FY06 Cell Construction at the Iowa City Landfill and Recycling Center. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 8710 Earhart Lane S.W., P.O. Box 900, Cedar Rapids, IA 52409-9009, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk, Each proposal shall be completed on a form furnished by the qity 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 maintenanCe of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. ( ,) ""-- y ~- .... AF -1 Howard R. Green Company Project No. 728170-J ADVERTISEMENT FOR BIDS FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 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: June 30,2006 Liquidated Damages: $1,000.00 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, 8710 Earhart Lane S.W., P.O. Box 900, Cedar Rapids, IA 52409-9009, by bona fide bidders. A $100.00 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. 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 ()f 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 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 ~ ... "'... (c) ).; ;- AF - 2 Howard R. Green Company Project No. 728170-J ADVERTISEMENT FOR BIDS FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required 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 -"'l'.: d I -../ J/ --.. "".-- );'" c',') .r:- AF-3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa NOTE TO BIDDERS 1. The successful bidder and all subcontractors are required to submit at least 4 days prior to award three references involving similar projects, including at least one municipal reference. Award of the bid or use of specific subcontractors may be denied if sufficient favorable references are not verified or may be denied based on past experience on projects with the City of Iowa City. 2. References shall be addressed to the City Engineer and include the name, address and phone number of the contact person, for City verification. 3. Bid submittals are: Envelope 1: Envelope 2: Bid Bond Form of Proposal r" ....., ~ ; ./ /' '.~ -. '- ;;~~ ( .) ~- - NOTE TO BIDDERS NB -1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 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 a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country. That preference is equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. "Resident bidder" is defined as a person authorized to transact business in this state and having a place of business within the state, and has conducted business for at least six months prior to the first advertisement for the public improvement. In the case of a corporation, the above requirements apply as well as the requirement that the corporation have at least fifty percent of its common stock owned by residents of this state. This qualification as resident bidder shall be maintained by the bidder and his/her contractors and subcontractors at the work site until the project is completed. I hereby certify that the undersigned is a resident bidder as defined above and will remain such from the start of the project until its completion. COMPANY NAME: CORPORATE OFFICER: TITLE: DATE: i.-.~ '"--~: C-.. 6/05 data on ciIynlIEnglMasterSpecsIrestriclion on nlll'H8sident bidding 05 ( , ..s:'- R-1 Contract Compliance Program ~,&... CITY OF IOWA CITY i~' ,,') ~.il , - , ' ._,".' .t::- 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, and consultants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any request for proposal and notice of bids. 4. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on pages CC-2 and CC-3) or other required material must be received and approved by the City. 5. Contracting departments are responsible for answering questions about contractor, consultant and vendor compliance during the course of the contract with the City. 6. All contractors, vendors, and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. 7. All contractors, vendors, and consultants must assure that their subcontractors abide by the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City City Code section 2-3-1. {-. i I' (,L':, 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 CC2 AND CC3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. r-- 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 affinnative 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 tennination; rates of payor other fonns 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 sea.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. r-- 3. Provide a copy of your written Equal Employment Opportunity policy statement r-- Where is this statement posted? r- 4. What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) Phone number Address 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. r-- r-- \,J,l I v/V\ \. U8 L'1 : J ' t. f'.1 r" . j >. ~ ' I';;{.... tn::-!7 ; .1 ti'''''' ..IV I ~.--I CC-2 6. How does your business currently inform applicants, employees, and recruibnent sources (including unions) that you are an Equal Employment Opportunity employer? The above responses to questions 1 through 6, are true and correctly reflect our Equal Employment Opportunity policies. Business Name Phone Number Signature Title Print Name Date \. l .,--, / .-- .' )7 .- - CC-3 SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES 1. COMPANY POLICY Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. In regard to dissemination of this policy, this can be done, for example, through the use of letters to all recruibnent 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. r-'" ! 4. RECRUITMENT (h) b:~I,'i n: \ .,';'''',',,-. l.'l:;;" j I "1:/ I"~, 0..... (a) (b) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruibnent advertising as "an equal opportunity employer". Use recruibnent sources that are likely to yield diverse applicant pools. Word-of-mouth recruibnent will only perpetuate the current composition of your workforce. Send recruibnent sources a letter annually which reaffinns your commibnent to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. Analyze and review your company's recruibnent procedures to identify and eliminate discriminatory barriers. Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. 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. Review the job application to insure that only job related questions are asked. Ask yourself "Is this infonnation necessary to judge an applicanfs ability to perform the job applied for?" Only use job-related tests which do not adversely affect any particular group of people. 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. 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 /; rr,ust make sure procedures for selecting candidates for promotion, transfer and training are based :UP9n,a ,fCiir assessment of an employee's ability and work record. Furthermore, all companies $hOUI,~)~ and otherwise publicize all job promotional opportunities and encourage all qualified employees to bid on them. (c) (d) (e) (f) (g) CC-4 I ~ 1 -~= -lit... ~~W~~ "",-... ~...~ ~~ ~ CftJ1 of ~ ~ C~ Attached for your information is a copy of Section 2 - 3 - 1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment. Please note that the protected characteristics include some not mandated for protection by Federal or State law. As a contractor, consultant or vendor doing business with the City of Iowa City yo,u are required to abide by the provisions of the local ordinance in conjunction with your performance under a contract with the City. r--~ ".: ~~-"'. ~ ' (.,) .- -4'. CC-5 2-8-1 2-3-1 CHAPTER 3 DISCRIMINATORY PRACTICES SECTION: .' 2-3-1 : 2-3-2: Employment; Exceptions Public Accommodation; Exceptions Credit Transactions; Exceptions Education Aiding Or Abetting; Retaliation; Intimidation 2-3-3: 2-3-4: 2-3-5: 2-3-1: EMPLOYMENT; EXCEPTIONS: A. It shall be unlawful for any employer to refuse to hire, accept, register, classify, upgrade or refer for employ- ment, or to otherwise discriminate in 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 Identity, marital status, national origin, race, religion, sex or sexual orientation of such ap- plicant or member. WI "('1/ VI Ii \l...J \ ( i j()- /...,_1....' Iowa City ! t~, . '. I ! ".j L~ 'J . j' ;:" S - ,;i ;-~ ] Z CC-6 C. It sha.1I 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 publlcfze that Individuals are unwel- come, Objectionable or not. solicited for employment Qr membership be- cause of age, color, creed, disability, gender identity, marital status, nation- al ongln, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) D. Employment policies relating to preg- nancy and .childbirth shall be governed by the following: 1. A written or unwritten employment polley 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, chlldblrt~ 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 pollcfes and practices involving terms and conditions of employment as applied to other tem- porary disabilities. r-'I E. It shall be unlawful for any person to solicit or require as a condition of employment of any employee or pro- 897 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 it the State epidemiologist determines and the Director of Public Health declares through the utilization of guidelines established by the Center for Disease Control of the United States Depart- ment of Health and Human Services, that a person with a condition related to acquired Immune deficiency syn- drome poses a significant risk of transmission of the human immunode- ficiency virus to other persons in a specific occupation. F. The following are exempted from the provisions of this Section: 1. Any bona fide religious institution or its educational facility, association, corporatlon- 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) 897 Iowa City CC-7 2-3-1 2. An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employ- ment or offer of employment shall not discriminate among the disabled or elderly on the basis of age, color, creed, disability, gender identity, mari- tal status, national origin, race, reli- gion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) 3. The employment of individuals for work within the home of the employer if the employer or members of the family reside therein during such em- ployment. 4. The 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 basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of a partIcular business or enterprise. The bona fide occupational qualification shall be interpreted nar- rowly. 6. A State or Federal program de- signed to benefit a specific age classi- fication which serves a bona fide pub- lic purpose. 7. To employ on the basis of disability in those certain Instances where pres- ence of disability is il:bona fide occu- pational quallficatiorhJ~sonably nec- essary to the norma}: ':operation of._a particular business or enterprise. The bona fide occupational qllallfication shall be interpreted narrowly. (Orq. 94-3647, 11-8-1994)~~ ... . .,.,~ Howard R. Green Company Project No, 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00100 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 a sub-bidder, who submits a bid to a Bidder. ARTICLE 2. INTERPRETATIONS AND ADDENDA. All questions about the meaning or intent of the contract Documents are to be directed to Engineer. Additions, deletions, or revisions to the Contract Documents considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer or Owner as having received the Contract Documents. Questions received less than 10 days prior to the date of Bids may not be answered. Only answers to such questions issued by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 2.1 Addenda may also be issued to make other additions, deletions, or revisions to the Contract Documents. ARTICLE 3. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND SITE. 3.1 It is the responsibility of each Bidder before submitting a Bid: A. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical" data referred to below); 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 6i:)betwe~n the Contract Documents and such other related data. ..':~ ( -', . ./ " ).;: (") -l:- INSTRUCTIONS TO BIDDERS 00100 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa 3.2 Reference is made to the Supplementary Conditions (Section 00800) 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. 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 Paragraph 4.02 of the CITY OF IOWA CITY GENERAL CONDITIONS, if not included in this document, 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 Paragraph 4.02 of the CITY OF IOWA CITY GENERAL CONDITIONS, are incorporated herein by reference. 3.4 Information and data reflected in the Contract Documents with respect to Underground Utilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by the owners of such Underground Utilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. 3.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Utilities, and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02, 4.03 and 4.04 of the CITY OF IOWA CITY GENERAL CONDITIONS. 3.6 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the work in accordance with the time, price, and other items and conditions of the Contract Documents. On reqJest, a minimum of.~ days in advance, the Owner will provide each Bidder access to the si~!~:~j:)f)~~~] such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. L ,} : II ! :'J [' -.::2 INSTRUCTIONS TO BIDDERS 00100 - 2 . 1.' Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 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. 3.7 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 structures are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents. 3.8 The submission of a Bid will constitute an incontrovertible representation by the Bidderthatthe Bidder has complied with every requirement of this Article and the following: A. That the Bid is premised upon performing the Work required by the Contract Documents without exception and such means, methods, techniques, sequences, or procedures of construction (if any) as may be required by the Contract Documents; B. That Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies in the Contract Documents and the written resolution thereof by 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 tenns and conditions for performance of the Work. ARTICLE 4. BID FORMS AND DELIVERY OF BID. The Bid shall be submitted on the bid brms herein. Please do not use the Form of Proposal included in the bound volume of the Project Manual. Separate copies of the bid form are included with this document. All blanks on the bid forms shall be completed in ink. All names must be printed below the signatures. Each Bid shall be submitted in a sealed envelope with FORM OF PROPOSAL and "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 proposal shall be addressed as follows: City of Iowa City, Iowa Attn: City Clerk 410 East Washington Street Iowa City, Iowa 52240-1826 ;- J Bids shall be filed prior to the time and at the place specified by the AdvertisemerffoLBids. ' Bid proposals received after the time for opening of bids will be returned to the bidder gnopeneo; ~ _ INSTRUCTIONS TO BIDDERS / 'ooroo - 3 r , C'i Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa ARTICLE 5. DISQUALIFICATION OF BIDDERS. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the Owner believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the Owner believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the Work. 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 e>eeed 25 percent of the Contract Price. ARTICLE 7. SUBSTITUTE OR "OR EQUAL" ITEMS. The procedures for the submittal of substitute or "Or Equal" products are specified in Section 01600 - Material and Equipment, and Section 00700 - CITY OF IOWA CITY GENERAL CONDITIONS. ARTICLE 8. COMPETENCY OF BIDDERS. In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid. ARTICLE 9. SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place stipulated 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 Adwrtisement for Bids. Said bond shall be made payable to the Treasurer of the City of Iowa City, Iowa, 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 General 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. I _ J c J '",-,'1 /j i(~) A fir) j\J 1\_ J \ L lJ : ~ 1 ! "I !!- j I r .; '.....' ----' 0'7 ,.I", INSTRUCTIONS TO BIDDERS 00100 - 4 ,.-. I , . ~ Howard R. Green Company Project No. 728170-J FY06 CeU Construction Iowa City Landfill and Recycling CeRIer Iowa City, I~ j; 0\ ARTICLE 11. DISCREPANCIES IN BIDS. In the event there is more than one Bid Item in a Bid Schedule, the Bidder shall furnish a price for all Bid Items in the Schedule, and failure to do so will render the Bid non-responsive and may cause its rejection. In the event there are Unit Price Bid Items in a Bid Schedule and the amount indicated for a Unit Price Bid Item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the Bidder shall be bound by said correction. In the event there is more than one Bid Item in a Bid Schedule and the total indicated for the Schedule does not agree with the sum of the prices Bid on the individual items, the prices Bid on the individual items shall govern and the total for the Schedule will be corrected accordingly, and the Bidder shall be bound by said correction. ARTICLE 12. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations, or provisos attached to the Bid shall render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic, or telephonic Bids or modifications will not be considered. ARTICLE 13. WITHDRAWAL OF BID. The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Advertisement for Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids. ARTICLE 14. AWARD OF CONTRACT. Award of the contract, if awarded, will be made to the lowest responsive, responsible Bidder whose Bid complies with the requirements of the Contract Documents. Unless otherwise specified, any such award will be made within the period stated in the Advertisement for Bids that the bids are to remain open. Unless otherwise indicated, a single award 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 altemate additive or deductive Bid Items as desired by the Owner to determine the award of the Contract. .- ARTICLE 15. RETURN OF BID SECURITY. Bid bonds of the lowest two or more bidders may be retained for a periOd 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. Bid guaranty of the successful bidder shall be retained until the contract is executed and a performance guaranty (if applicable) has been submitted. Should a 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 10 calendar days after the date of the Notice of Award, as issued by the Owner. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and forfeiture of the Bid security. If the lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the Owner may INSTRUCTIONS TO BIDDERS 00100 - 5 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa 1'1 award the Contract to the second lowest, responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such Bidder's Bid securities shall be likewise forfeited to the Owner. ARTICLE 17. ADDENDA. Each bid form shall include specific acknowledgment, in the space provided in Section 00300, FORM OF PROPOSAL, of receipt of all addenda issued and mailed by the Owner or Engineer during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. r- ARTICLE 18. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION. The Contractor shall comply with all state and federal laws and county and local ordinances and regulations which in any manner affect those engaged or employed in the Work. ARTICLE 19. PREBID CONFERENCE. A pre bid conference may be held at a time and place to be scheduled prior to the bid. Representatives of the Owner and Engineer will be present. A tour of the site will be conducted at the end of the conference. Meeting minutes and attendance list for the prebid conference will be made available to all those in attendance. Conduction of a Prebid Conference will be at the Owner's discretion. ARTICLE 20. UaUIDA TED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Advertisement for Bids. _..J ARTICLE 21. EXCISE TAX. Gross Receipts Excise Tax applicable for this project is at the rate prescribed for a qualifying utility. Contractors and subcontractors should include the applicable tax in their bid price for each item of Work. ARTICLE 22. FEDERAL TAX ID NUMBER. Each bidder shall state its Federal Tax Identification Number 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 23. 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 24. BIDDER'S CERTIFICATION. A. aUAUFICA TION OF BIDDER: ~ Bidder shall certify that he/she is, at the time of bidding, and shall be, throughout the period ofthe contract, licensed in the State.of Iowa to do the type of work contemplated in the project manual. Bidder shall further cer1~fythat.heLshe is~iIIed and regularly engaged in the general class and type of work callecL'1'oTil ff)e)p,*ct manual. [II: ! I ' "} j '" c_ -', '_,' "17 _ -.-'... C, INSTRUCTIONS TO BIDDERS 00100 - 6 r- ("' i :. Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City,lowa Bidder also certifies that he/she is knowledgeable of the unusual and peculiar hazards associated with the general class and type of work required to construct the specified project within the tenns given in the Project Manual. 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. ARTICLE 25. SCHEDULE OF VALUES. Each Bidder shall submit to Engineer within 3 days after the Bid opening a detailed "Schedule of Values" detailing costs associated with the work, as defined in the City of Iowa City General Conditions item 2.05.8.3. END OF INSTRUCTIONS TO BIDDERS -" );-' (.) (..il INSTRUCTIONS TO BIDDERS 00100 - 7 Howard R Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00100 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 a sub-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 I.ess than 10 days prior to the date of Bids may not be answered. Only answers to such questions issued by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 2.1 Addenda may also be issued to make other additions, deletions, or revisions to the Contract Documents. ARTICLE 3. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND SITE. 3.1 It is the responsibility of each Bidder before submitting a Bid: A. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical" data referred to below); 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 Qr.:,betweert the Contract Documents and such other related data. ?~ C ~-~~ "';":.>0 t." (..;} INSTRUCTIONS TO BIDDERS 00100 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 3.2 Reference is made to the Supplementary Conditions (Section 00800) for identification of: ,~; A. - -'.... Those reports of explorations and tests of subsurface conditions at the ~j~ whichh;:ive., ' 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. How~'ver, the interpretation of such technical data, including any interpolation or extrapolatiqn thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is.the responsibility of the Bidder. -'-::. ~ ....., B. Those drawings of physical condition in or relating to existing surface and s:ill5surface' 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 Paragraph 4.02 of the CITY OF IOWA CITY GENERAL CONDITIONS, if not included in this document, 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 Paragraph 4.02 of the CITY OF IOWA CITY GENERAL CONDITIONS, are incorporated herein by reference. 3.4 Information and data reflected in the.Contract Documents with respect to Underground Utilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by the owners of such Underground Utilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. 3.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Utilities, and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02, 4.03 and 4.04 of the CITY OF IOWA CITY GENERAL CONDITIONS. 3.6 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the work in accordance with the time, price, and other items and conditions of the Contract Documents. On request, a minimum of 2 days in advance, 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, INSTRUCTIONS TO BIDDERS 00100 - 2 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa and shall clean up and restore the site to its former condition upon completion of such explorations. 3.7 _ 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 structures are to be obtained and paid for by the Owner unless otherwise provided in the . Contract Documents. 3.8 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 the Work required by the Contract Documents without exception and such means, methods, techniques, sequences, or procedures of construction (if any) as may be required by the Contract Documents; B. That Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies in the Contract Documents and the written resolution thereof by 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 performance of the Work. ARTICLE 4. BID FORMS AND DELIVERY OF BID. The Bid shall be submitted on the bid forms herein. Please do not use the Form of Proposal included in the bound volume of the Project Manual. Separate copies of the bid form are included with this document. All blanks on the bid forms shall be completed in ink. All names must be printed below the signatures. Each Bid shall be submitted in a sealed envelope with FORM OF PROPOSAL and "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 proposal shall be addressed as follows: City of Iowa City, Iowa Attn: City Clerk 410 East Washington Street Iowa City, Iowa 52240-1826 i""-,) f"'~""'. ,'- .' Bids shall be filed prior to the time and at the place specified by the Advertisemertt;.19f-J3idf' Bid proposals received after the time for opening of bids will be returned to the bidder gtlQl>ened. . y c.), INSTRUCTIONS TO BIDDERS 00100 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa ARTICLE 5. DISQUALIFICATION OF BIDDERS. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the Owner believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the Owner believes that collusion exists among the Bidders, all Bids will be rejected. A party who' has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the Work. 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. The procedures for the submittal of substitute or "Or Equal" products are specified in Section 01600 - Material and Equipment, and Section 00700 - CITY OF IOWA CITY GENERAL CONDITIONS. ARTICLE 8. COMPETENCY OF BIDDERS. In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid. ARTICLE 9. SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place stipulated 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 Treasurer of the City of Iowa City, Iowa, 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 General 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 i~$ued by a surety authorized to do business in the State of Iowa. " ~~" (~... ( . ( , j~"l INSTRUCTIONS TO BIDDERS 00100 - 4 f. ." /. _.~ , 1, " '. Howard R. Green Company Project No. 728170-J FY06 Cell Construction" Iowa City Landfill and RecycnngCenter .:. Iowa City, Iowa ". ./ -. (' .\ V ARTICLE 11. DISCREPANCIES IN BIDS. In the event there is more than one Bid Item in a B* Schedule, the Bidder shall furnish a price for all Bid Items in the Schedule, and failure to do so will render the Bid non-responsive and may cause its rejection. In the event there are Unit Price Bid Items in a Bid Schedule and the amount indicated for a Unit Price Bid Item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected . accordingly, and the Bidder shall be bound by said correction. In the event there is more than one Bid Item in a Bid Schedule and the total indicated for the Schedule does not agree with the sum of the prices Bid on the individual items, the prices Bid on the individual items shall govern and the total for the Schedule will be corrected accordingly, and the Bidder shall be bound by said correction. ARTICLE 12. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized ~ conditions, limitations, or provisos attached to the Bid shall render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic, or telephonic Bids or modifications will not be considered. ARTICLE 13. WITHDRAWAL OF BID. The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Advertisement for Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids. ARTICLE 14. AWARD OF CONTRACT. Award of the contract, if awarded, will be made to the lowest responsive, responsible Bidder whose Bid complies with the requirements of the Contract Documents. Unless otherwise specified, any such award will be made within the period stated in the Advertisement for Bids that the bids are to remain open. Unless otherwise indicated, a single award 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. Bid bonds of the lowest two or more bidders may be retained for a period 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. Bid guaranty of the successful bidder shall be retained until the contract is executed and a performance guaranty (if applicable) has been submitted. Should a 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 10 calendar days after the date of the Notice of Award, as issued by the Owner. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements il') connection . therewith shall be just cause for annulment of the award and forfeiture of the Bid security. If the lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the Owner may award the Contract to the second lowest, responsive, responsible Bidder. On the failure or refusal INSTRUCTIONS TO BIDDERS 00100 - 5 ,> /..., /' ~ Howard R. Green Company Project No. 728170-J FY06 Cell Constru~ti6h Iowa City Landfill and Recytlj~~..t Center, low!iCitY, Iowa - of such second or third lowest Bidder to execute the Agreement, each such Bidder's Bid securities '-'J' shall be likewise forfeited to the Owner. .' ARTICLE 17. ADDENDA. Each bid form shall include specific acknowledgment, in the space provided in Section 00300, FORM OF PROPOSAL, of receipt of all addenda issued and mailed by the Owner or Engineer during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. ARTICLE 18. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION. The Contractor shall comply with all state and federal laws and county and local ordinances and regulations which in any manner affect those engaged or employed in the Work. ARTICLE 19. PREBID CONFERENCE. A prebid conference may be held at a time and place to be scheduled prior to the bid. Representatives of the Owner and Engineer will be present. A tour of the site will be conducted at the end of the conference. Meeting minutes and attendance list for the prebid conference will be made available to all those in attendance. Conduction of a Prebid Conference will be at the Owner's .discretion. ARTICLE 20. UQUIDA TED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Advertisement for Bids. ARTICLE 21. EXCISE TAX. Gross Receipts Excise Tax applicable for this project is at the rate prescribed for a qualifying utility. Contractors and subcontractors should include the applicable tax in their bid price for each item of Work. ARTICLE 22. FEDERAL TAX ID NUMBER. Each bidder shall state its Federal Tax Identification Number 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 23. 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 24. BIDDER'S CERTIFICATION. A. QUALIFICATION OF BIDDER: Bidder shall certify that he/she is, at the time of bidding, and shall be, throughout the period of the contract, licensed in the State of Iowa to do the type of work contemplated in the project manual. Bidder shall further certify that he/she is skilled and regularly engaged in the general class and type of work called for in the project manual. Bidder also certifies that he/she is knowledgeable of the unusual and peculiar hazards associated with the general class and type of work required to construct the specified INSTRUCTIONS TO BIDDERS 00100 - 6 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa project within the terms given in the Project Manual. 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. ARTICLE 25. SCHEDULE OF VALUES. Each Bidder shall submit to Engineer within 3 days after the Bid opening a detailed "Schedule of Values" detailing costs associated with the work, as defined .in the City of Iowa City General Conditions item 2.05.8.3. END OF INSTRUCTIONS TO BIDDERS -- . .... '(:'n INSTRUCTIONS TO BIDDERS 00100 - 7 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00300 FORM OF PROPOSAL FY06 CELL CONSTRUCTION IOWA CITY LANDFILL AND RECYCLING CENTER IOWA CITY, IOWA 2005 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 Clerk. City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 The undersigned bidder submits herewith bid security in the amount of $ , in accordance with the terms set forth in the "Project Manual." The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the Project as described in the Contract Documents, including Addenda , and , and to do all work at the prices set forth herein. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work. r'.<~- (-- )> () U1 FORM OF PROPOSAL 00300 - 1 Howard R. Green Company SCHEDULE OF PRICES FY06 Cell Construction Project No. 7728170-J Iowa City Sanitary Landfill Iowa City, Iowa Estimated Item # Description Quantity Unit Unit Price Total Excavation 381,000 c.y, $ $ 2 C&D Waste Removal and Redisposal 30,000 c.y. $ $ 3 Clay Liner 67,000 c.y. $ $ 4 Leachate Orainage Layer, Tire Chips, 12" 5,990 ton $ $ 5 Leachate Pipe, SDR 17 HOPE, 6" Dia., Perforated 661 Lf. $ $ 6 Leachate Pipe, SDR 17 HOPE, 6" Dia., Solid 297 Lt. $ $ 7 Leachate Pipe, SDR 17 HOPE, 8" Dia., Solid 122 Lf. $ $ _8 Ground Water Pipe, SDR 35 PVC, 4" Dia., Perforated 1 ,446 I.f. $ $ 9 Ground Water Pipe, SDR 35 PVC, 8" Dia., Solid 189 I.f. $ $ 10 Storm Sewer Pipe, CMP, 12" Dia. 38 Lf. $ $ 11 Storm Sewer Pipe, CMP, 18" Dia. 42 Lt. $ $ 12 Storm Sewer Pipe, CMP, 30" Dia. 62 Lt. $ $ 13 Storm Sewer Pipe, CMP, 42" Dia., Removal and Reinstall 162 Lf. $ $ 14 Leachate Cleanout, 6" each $ $ 15 Ground Water Cleanout, 6" 2 each $ $ 16 Geo-composite drainage layer 134,000 s.f. $ $ 17 Valve, 6" 1 each $ $ 18 Manhole and Appurtenances, HOPE, 48" Dia. each $ $ 19 Manhole Adjustment 3 each $ $ 20 Class A Crushed Roadstone 5,650 ton $ $ 21 Macadam Stone 6,100 ton $ $ 22 Erosion Stone 68 ton $ $ 23 Rip Rap Material - Class E Revetment 400 ton $ $ 24 Engineering Geo-gridfor Road 16,670 s.y. $ $ 25 Seeding I Fertilizing I Mulching - Rural Mix 35 acres $ $ 26 Bales for Erosion Control 613 Lt. $ $ 27 Placement of Compost windrows 415 c.y. $ $ 28 Mobilization 1 I.s. $ $ Total of Items 1 through 28 $ * The quantity is assumed. Final quantities will be determined from field meaurements. (... "1 U1 BID FORM 00300-2 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa The undersigned acknowledge receipt of the following Addendums: Addendum No.: Date Received: Addendum No.: Date Received: Addendum No.: Date Received: Addendum No.: Date Received: 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. (,..) Ln FORM OF PROPOSAL 00300 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the more specific shall prevail. Firm: Signature: Printed Name: Title: Address: Phone: Contact: FORM OF PROPOSAL -- "\ I .- .> ~n 00300 - 4 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00410 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 geclare 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 for Project. NOW, THEREFORE, / (,"1 0' (a) If said Bid shall be rejected. or in the alternate, -;7 (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 bond, as provided in the Project specifications or as required by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by any extension of the time within which the Owner may accept such Bid or may execute such contract documents, and said Surety does hereby waive notice of any such time extension. BID BOND 00410 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa The Principal and the Surety hereto execute this bid bond this day of , A.D., 20_. Witness Principal By (Seal) (Title) (Seal) Surety By Witness (Attorney-in-fact) Attach Power-of-Attorney , \ I ? :"' ,.) 0\ BID BOND 00410 - 2 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00490 NOTICE OF AWARD TO: PROJECT DESCRIPTION: FY06 Cell Construction, 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. day of .2005. Dated this CITY OF IOWA CITY, IOWA By Title NOTICE OF AWARD 00490 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction 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 ,2005. By Title t". 'j END OF SECTION 00490 "Y' r . v' NOTICE OF AWARD 00490 - 2 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00500 FORM OF AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and ("Contractor"). Whereas the City has prepared certain plans, specifications, proposal and bid documents dated the _ day of ,20_, for FY06 Cell Construction, Iowa City Landfill and Recycling Center ("Project"), and Whereas, said plans, specifications, proposal and bid documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby accepts the attached proposal and bid documents of the Contractor for the 'Project, and for the sums listed therein. 2. This Agreement consists of the following component parts which a~jncorpo(ated herein by reference: ':_)___. ' a. b. c. d. e. f. g. h. i. j. k. I. m. n. Addenda Numbers Plans; Specifications; Advertisement for Bids; Note to Bidders; Restriction on Non-Resident Bidding on Non-Federal-Aid Project~-; Contract Compliance Program (Anti-Discrimination Requirements); Instructions to Bidders; - Form of Proposal and Bid Documents; Notice of Award; Performance and Payment Bond; City of Iowa City General Conditions; Supplementary Conditions; and This Instrument (Form of Agreement). (;.) 0' 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. 728170-J FY06 Cell Construction 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. Payments are to be made to the Contractor in accordance with the Supplementary Conditions. . . DATED this day of ,20_ / CITY CONTRACTOR >7 By By (Title) Mayor ATTEST: ATTEST: (Title) City Clerk (Company Official) Approved By: City Attorney's Office END OF AGREEMENT FORM OF AGREEMENT 00500 - 2 "' ~ , .- ~ c~) cO' Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City;olowa SECTION 00610 PERFORMANCE AND PAYMENT BOND \, :") , as "' c<~"'\ V (insert the name and address or legal title of the Contractor) -,;y Principal, hereinafter called the Contractor and as Surety, hereinafter (here insert the legal title of the Surety) called the Surety, are held and firmly bound unto the City of Iowa City, Iowa. as obligee. hereinafter called the Owner, in the amount of Dollars ($ ) for the payment for which Contractor and Surety hereby bind themselves. their heirs, executors, administrators, successors and assigns, jointly and severally. - WHEREAS, Contractor has, as of , entered into a written (date) Agreement with Owner for the FY06 Cell Construction Project; and WHEREAS. the Agreement requires execution of this Performance and Payment Bond. to be completed by Contractor, in accordance with plans and specifications prepared by Howard R. Green Company, which Agreement is by reference made a part hereof, and the agreed-upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement. then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or PERFORMANCE & PAYMENT BOND 00610 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 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 though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the ~ improvements covered by this bond in good repair for a period of (_) 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. -, ' y C' G'''\ PERFORMANCE & PAYMENT BOND 00610 - 2 Howard R. Green Company Project No. 728170-J , . FY06 C'tyo,n~truction Iowa City Landfill and ReqcUn~ Genter, Iowa City, Iowa _ / IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety,jn accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firrT1s.'pr corporations having contracts directly with the Principal, including any of Principi:if'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. (j"".. ,) SIGNED AND SEALED THIS DAY OF ,2005. IN THE PRESENCE OF: (Principal) Witness (Title) (Surety) Witness (Title) (Street) (City, State, Zip) (Phone) PERFORMANCE & PAYMENT BOND 00610 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00670 NOTICE TO PROCEED -\ TO: -:o~.. DATE: c-') :,5'\ -)'7 FY06 Cell. Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 2005 410 East Washington Street Iowa City, Iowa 52240-1826 You are hereby notified to commence WORK in accordance with the Agreement dated , 2005, on or after . The date of completion of all WORK is June 30, 2006. HOWARD R. GREEN COMPANY By Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: , this the day of ,2005. By Title NOTICE TO PROCEED 00670 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00700 CITY OF IOWA CITY GENERAL CONDITIONS :.:: ." ~ (~~ ~d'\ -y CITY OF IOWA CITY GENERAL CONDITIONS 00700 TABLE OF CONTENTS \ ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ........................,..............................................................,...............;;.;;.;..;6 , ' 1.01 Defined T errns ...... ................. ............ ..................... ....... .............. ......... ......... ...... ................. ......... .......... :.::.;:~... 6 ">1 1.02 Terminology... ................. .......... ......... ....... ........................ .......... .......................... ........... ................................. 8 ., c; ARTICLE 2 - PRELIMINARY MATTERS ..................................................................................................................................9 2.01 Delivery of Bonds..........................,................................................................................................... ................ 9 2.02 Copies of Documents ..............................................,......................................................................................... 9 2.03 Commencement afContract Times; Notice to Proceed................................................................................... 9 2.04 Starting the Work........... .................... ......... .............. ..................................... ............. ..... ........... ........ .............. 9 2.05 Before Starting Construction ....... ................... .............. ............... ............ ............... ................. ....... ............. ..... 9 2.06 Preconstruction Conference... .................................. ......... ........... ................................................................ .... 10 2.07 Initial Acceptance of Schedules ............................................................................................,..,.................,...... 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......................................................................... 10 3.0 1 Intent ......... ...................... ................... ............ ...........................................,...... .......... ...... ........... ...................... 10 3.02 Reference Standards .....................................................................,................................................................... 11 3.03 Reporting and Resolving Discrepancies .......................................................................................................... 11 3.04 Amending and Supplementing Contract Documents ....................................................................................... 11 3.05 Reuse of Documents..........................................................................................................................................11 ARTICLE 4 - A V All.ABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.................,................................................................................................................................................... 12 4.01 Availability of Lands... ................. ................. ..... ......... ....... ...... .................................... ................. ................ .... 12 4.02 Subsurface and Physical Conditions ................................................................................................................ 12 4.03 Differing Subsurface or Physical Conditions............................................................:...................................... 12 4.04 Underground Facilities. .... .................. .............. ........ .......... ................................ ............ ...................... ........... 13 4.05 Reference Points .......................................................... .............................. ................... ..... ..... ....... ................... 14 4.06 Hazardous Environmental Condition at Site ...................................................................................................14 ARTICLE 5 - BONDS AND INSURANCE .................................................................................................................................. 15 5.01 Perform.ance. Payment, and Other Bonds........................................................................................................15 5.02 Licensed Sureties and Insurers............,............................................................................................................ 16 5.03 Certificates of Insurance ...... ....... .... ...... ........ ..... ................. ............................. ........... .......... ................. ........... 16 5.04 CONTRACTOR's Liability Insurance .............................................................................................................. 16 5.05 OWNER's Liability Insurance .......................................................................................................................... 17 5.06 Property Insurance ........................................................................................................................................... 17 5 .07 Waiver of Rights. ............ ......................................,. ........ ................ .............. ........ ............. ................................ 18 5.08 Receipt and Application of Insurance Proceeds .............................................................................................. 18 5.09 Acceptance of Bonds and Insurance; Option to Replace ................................................................................19 5.10 Partial Utilization, Acknowledgment of Property Insurer............................................................................... 19 ARTICLE 6 - CONTRACfOR'S RESPONSffiILITIES.............................................................................................................. 19 6.01 Supervision and Superintendence .................................................................................................................... 19 6.02 Labor; Working Hours .....................................................................................................................................19 6.03 Services, Materials, and Equipment ................................................................................................................. 19 6.04 Progress Schedule....... ..................... ..................... ...... ................ .............. ............. .......................................... 20 6.05 Substitutes and "Or-Equals" .............................................................................................,............................. 20 6.06 Concerning Subcontractors, Suppliers, and Others .......................................................................................21 00700 - 3 6.07 Patent Fees and Royalties ....................................................................................................~........................... 22 6.08 Permits .................................................................................................................................... ..........................22 6.09 lAws and Regulations ............,.......................................................................................................................... 23 6.10 Taxes ........ .................... ....... ...... ................ ............. ......... ......................................... ............. _........... ........... ..... 23 6.11 Use of Site and Other Areas ............................................................................................................................. 23 6.12 Record Documents ............ ............................................... .......... ..... .......................... ...................,..... .............. 23 6.13 Safety and Protection... ............... ..... ...................... ........ .................................. .......... ............ ................... ........ 24 6.14 Safety Representative ....... ................................................ ............... ............................................... ................... 24 6.15 Hazard Communication Programs ..................................................................................................................24 6.16 Emergencies.... .............. ......... ............,.......... .... ....... ........................... ................,......... ................. ........ ....... .... 24 6.17 Shop Drawings and Samples ............................................................................................................................ 24 6.18 Continuing the Work ............. ....... ......................... ................ ..................................... ................ ............ ..... ...... 26 6.19 CONTRACTOR's General Warranty and Guarantee...................................................................................... 26 6.20 Indemnification .................. ...................... ........................... ........ ....,......................... ......... .................... ........... 26 ARTICLE 7 - OTl:IER WORK........ ............ ........ ....... .................... ......... ..... ............ .......................... ............ ................................ 27 7.01 Related Work at Site .........................................................................................................................................27 7.02 Coordination ......................... ................. .................... ............... .......... .................... ........................ .................. 27 ARTIClE 8 - OWNER'S RESPONSffiILITIES...........................................;............................................................................... 27 8.01 Communications to Contractor...... ....................... .... ..... ..~......... .................. ................. ....................... ............ 27 8.02 Replacement of ENGINEER ........................... .......................,..........................................................................28 8.03 Furnish Data.... ................ ..... ...................................... ................ ......................... .......................... ......... ......,... 28 8.04 Pay Promptly lVhen Due ..........................................,.......................................................................................28 8.05 Lands and Easements; Reports and Tests ........................................................................................................28 8.06 Insurance......... ....... .................... .................................................................. .............. ............... .................. ...... 28 8.07 Change Orders ....................................................................................................................... ........................... 28 8.08 Inspections, Tests, and Approvals .....................................................,........,..................................................... 28 8.09 limitations on OWNER's Responsibilities .......................................................................................................28 8.10 Undisclosed Hazardous Environmental Condition .........................................................................................28 8.11 Evidence of Financial Arrangements ...........................................,.................................................... ...............28 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................................................................................ 28 9.01 OWNER'S Representative ........................ ........................................................................................................28 9.02 Visits to Site................. ........... .... ............ ................................................... ........ .............. ............... ............... .... 28 9.03 Project Representative....... .......... ....... ..... ...... ................ ............. ................. ..................................................... 29 9.04 Clarifications and Interpretations .......................................................................................... ........................... 29 9.05 Authorized Variations in Work.......... ....... ............ ..... ..... ........ .... ...................... ........................... ..................... 29 9;06 Rejecting Defective Work .................................................................................................................................29 9.07 Slwp Drawings, Change Orders and Payments ..............................................................................................29 9.08 Determinationsfor Unit Price Work ...............................................................................................................29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work ............................................ 29 9.10 Limitations on ENGINEER's Authority and Responsibilities..........................................................................30 , ARTICLE 10 - CHANGES IN Tl:IE WORK; CLAIMS ...............................................................................................................30 10.01 Authorized Changes in the Work........,...........................................................................................................30 10.02 Unautlwrized Changes in the Work ..........................................................................................................,.... 30 10.03 Execution of Change Orders ........................................................r;i:;:.{.~'~....;.....,..,..,.'.'.~r.r....................... 30 ~~:~ ~~f:sa:::; ~~::;,:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:~:~r::::::.:::::::';:b::~~~:~:::::::::::::::::::::::: ~ ~ () ~'1 . r ~ 1',.0 _ ARTICLE 11 - COST OF Tl:IE WORK; CASH ALLOWANCES; UNIT PRICE wbRt::..L..L::...;...;:..~~..,L~....................... 31 11.01 Cost of the Work ..................................................................................,.."...~..........:.............. ............................31 ''"- ----..-.; i; 00700 - 4 11.02 Cash Allowances..... .............. ............. ..... .......... ....................................... ....... ..... ...... ......... ....... .... ................. 33 11.03 Unit Price Work ..............................................................................................,...............................................34 ARTICLE 12 _ CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES........................................................ 34 12.01 Change of Contract Price...... .............. ........ ........... ....... ................ .............. ............................ .......... ............. 34 12.02 Change of Contract Times ..............................................................................................................................35 12.03 Delays Beyond CONTRACTOR's Control.....................................................................................................35 12.04 Delays Within CONTRACfOR's Control......................................................................................................35 12.05 Delays Beyond OWNER's and CONTRACTOR's Control............................................................................. 35 12.06 Delay Damages. ........... ....... .................. ........ ........................ ...............................,........... ............. .................. 35 ARTICLE 13 _ TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK .............................................................................................................................................., 36 :;:~~ 1:": % ~~~~~,::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~qZ::::::;: . 13 .03 Tests and Inspections ......... ............. ................................ ....... .......... ......... .............. ............ .:.'..;............... ..':..,. 36 13.04 Uncovering Work...... ................... ............. ................... .......... ....... .............. ................................... ......,.......... 36 13.05 OWNER May Stop the Work.....,................................................................................................;;................... 37 13.06 Correction or Renwval of Defective Work........................................................................,.................;..........::>7 13.07 Correction Period... ......................... ................... ........,............................................................ .....:_.:.:'........... ~7,~ 13.08 Acceptance of Defective Work........................................................................................................:;2~......... 31-)"' r 13.09 OWNER May Correct Defective Work...........................................................................................................38 ARTICLE 14 _ PAYMENTS TO CONTRACTOR AND COMPLETION.................................................................................. 38 14.01 Schedule of Values .......................................................................................................................................... 38 14.02 Progress Payments. ........... ..... ....... ..............................,..... .................. ........................ ......................... .......... 38 14.03 CONTRACfOR' s Warranty of Title ...............................................................................................................40 14.04 Substantial Completion.......... ......... ................................... ....................... ................ ...... ................................ 40 14.05 Partial Utilization. ............. ................................,.......... ............. .......... ...... ....................................... .............. 40 14.06 Final Inspection ........... ................... ......... .................................. ....... ........ ................................... ........ ........... 41 14.07 Final Payment.......... ...................... ........... ............ ............... ............. ........ .....................................................41 14.08 Final Completion Delayed ............................................................................................................................ 42 14.09 Waiver of Claims ............................................................................................................................................42 ARTICLE 15 _ SUSPENSION OF WORK AND TERMINATION ............................................................................................ 42 15.01 OWNER May Suspend Work ........................................................................................................................42 15.02 OWNER May Terminate for Cause ................................................................................................................42 15.03 OWNER May Terminate For Convenience.................................................................................................... 43 15.04 CONTRACfOR May Stop Work or Terminate .............................................................................................. 43 ARTICLE 16 _ DISPUTE RESOLUTION .................................................................................................,..................................43 16.01 Methods and Procedures ........................................................................................................................ ........43 ARTICLE 17 _ MISCElJ..ANEOUS .............................................................................................................................................. 44 17.01 Giving Notice ..................................................................................................................................................44 17.02 Computation of Times .....................................................................................................................................44 17.03 Cumulative Remedies .....................................................................................................................................44 17.04 Survival of Obligations ...................................................................................................................................44 17.05 Controlling Law ..............................................................................................................................................44 00700 - 5 ARTICLE 1 - DEFINITIONS AND TERMINOLOGY GENERAL CONDITIONS 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the tenns listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda-- Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement-- The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment--The form acceptable to ENGINEER which is to be used by CON- TRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting 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 submit- ted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents-- The Bidding Requirements and the proposed Contract Documents (in- cluding all Addenda issued prior to receipt of Bids). 7. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bond5--Performance and payment bonds and other ~1f?~ents of security. ~'I ~\';':~);'_ .., : ."_; ,J /\/\(j! .9. ~~Cha1'lge CJtd1r--A document recommended by EN:q-INEER which is signed by CONTRACTOR and OWNmt/ap(l/authQ..rizes,l!lJ..a4~ition, deletion, or revision in the Work or an"'adjusttnent lfu the Contract Price or the 00700 - 6 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 tenns 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--The Contract Docu- ments establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Con- tract Documents), CONTRACTOR's Bid (including docu- mentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR 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 Substantial Completion; and (ii) complete 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 l1.01.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 20. ENGINEER's Consultant--An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21. 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. 22. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. 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. 24. 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. 25. Laws and Regulations; Laws or Regulations-- Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone--A principal event specified in the Contract Documents relating to an intermediate completion ~ ~ date or time prior to Substantial ((~plelion of all the Work. '/~_: \ 28. Notice of Award--The written notice/J)~ OWNER to the apparent successful bidder statin.gthat up6fl, timely compliance by the apparent successful Ji~<1der witltc-' the conditions precedent listed therein, OWNER~will sign -'I and deliver the Agreement 29. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization--Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs--Polychlorinated biphenyls. 33. 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. 34. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. 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. 36. 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. 37. Resident Project Representative--The autho- rized representative of ENGINEER who may be assigned to the Site or any part thereof. 00700 - 7 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. Shop Drawings--AlI drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. 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. 41. Specifications-- That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. 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. 43. 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. 44. Supplementary Conditions-- That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. . . \:1?\'" f!~~g1;4und,\.. f~filit~es--AlI underground plpehnes, ~Qli4ui1S, ducts, cables, Wires, manholes, vaults, '....' , ., I :.~ tanks, tunnels, or 'other sue_Ii facilities or attachments, and any ~~CU:~1f~~,~ c~.n~i~ng such facilities: in~luding those that -oon~cty 'ekcttictty,g'h$.~S; 7steam, hqwd petroleum products, telephone or.' other' communications, cable '.~ q ~T_~ j: television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Wor~--Work to be paid for on the basis of unit prices. 48. Work-- The entire completed 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. 49. Work Change Directive--A written statement to CONTRAcrOR 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. 50. Written Amendment--A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and confor- mance 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 shall not be effective to assign to ENGINEER 00700 - 8 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 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or 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). D. 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 connec- tion 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. E. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning ar;e'<used in the Contract Documents in accordance with such-}ecognized, meaning. ARTICLE 2 - PRELIMINARY MATTERS ":~~," 2.01 Delivery of Bonds -<, :".-1 /'7 A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to . ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence 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. CONTRACTOR's Review of Contract Documents: 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; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, 00700 - 9 ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicat- ing 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 Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; 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 Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. 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. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by 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 2.0S.B, procedures for handling Shop Drawings and other su~mi~s, ~fop<::S. ~in9 IAppl~c~~1 for Payment, and mamtammg reqUired recOrds.' '~.' \1__, I \1 ': ;; ,"." , ,"', '[ Ii) "~' t', f" . ~ 1 :~ '; . ij i . I: : ',i j .~,,".J 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.0S.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such accep- tance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, schedul- ing, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereot) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equip- ment 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. 00700 - 10 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, organiza- tion, 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 Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provIsion of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consul- tants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambi- guity, or discrepancy within the Contract Documents or between the Contract Documents and any provi- sion 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 report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.I6.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failUre to report any such conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonabIy'::shouId have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise speci6cally stated in the Contract Documents, tl).epr<;'visio~1>f the Contract Documents shall take e~.edence '~n. resolving any conflict, error, aitW~uity, o(f" discrepancy between the provisions of ~Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provi- sions of the Contract Documents would result in violation 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 in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) 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: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarification. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing. or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereot) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not 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 00700 - 11 written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - A V AILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CON- TRACTOR and OWNER are unable to agree on entitle- ment to or on the amount or extent, if any, of any adjust- ment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, 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 equip- ment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: \7? 1. those reports of explorations and tests of " sU~SUI;f~e conditions at or contiguous to the Site tha(!)3NGINEER has used in preparing the Contract . DoCukents; and \ :' h _1/ . . J l, /., - 2:', those drawings of physical conditions in or rela.ting to existing surface or subsurface struc- ! : .__prres at or contiguous to the Site (except ; !..._.5 Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such ''technical data" is identified in the Supplementary Conditions. Except for such reliance on such ''technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 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 infor- mation. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface 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 connection 00700 - 12 therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACfOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet anyone 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 para- graphs 9.08 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 in respect of 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 c. CONTRACTOR failed to give the written notice within the time and,as, required by paragraph 4.03.A. ~ v>, /<-. 3. If OWNER and (~PstRACr9R are unable to agree on entitlemenrto>'ot on the :_aIDount or extent, if any, of any adjustment in the CQl1tt:act Price or Contract Times, or both, a~ ct~ maibe made therefor as provided in paragraph. 10:05~. However, OWNER, ENGINEER,';.. aM:'" ....,.,r J ENGINEER's Consultants shall not be:~J.iable 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 clata 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 Facili- ties, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary 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 informa- tion 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 Underground 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 00700 - 13 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 Underground 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 of 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 CON- TRACTOR 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 po~ '9'f'P;OOperw monl\lAe,9! is lost or destroyed or requires reloc~ti()nbet~~ of n&&siuy changes in grades or locations, and ~ shall be resPonsible for the accurate replacem~t, qrr Ir~h)Cat~on of such reference points or property Itio'llimtntsfbyprofe~siO~IYJqualified personnel. j . "'...- 00700 - 14 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 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 revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to I:le within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CON~ TRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) Secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); 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. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may 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 accor- dance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other 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.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- gence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consul- tants, and the officers, directors, partners, employees, agents, other 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.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- gence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance. Payment. and Other Bonds A CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRAC- TOR 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 Certifi- cates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR 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 00700 - 15 requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.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 Supple- mentary 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. 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; Vb/:'.:.":! ciaiJ:n$")fdrc:l~ges because of bodily injury >(jcCltpationaJ. i siC\m~s or disease, or death of CONTRACTOR's employees; 9:i :11 :'1 ,"" .; .,~ _I' .' 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 sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) 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 use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other 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; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; . 5. contain a provision or endorsement that the coverage afforded will not be canceled, materi- ally changed or renewal refused until at least thirty days prior written notice has been given to OWNER 00700 - 16 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 CON- TRACTOR may be correcting, removing, or replac- ing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability lnsurance A. In addition to the insurance required to be provid- ed 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 lnsurance A. Unless otherwise provided in the Supplementary 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, CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other 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 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 physicallo~s or damage to the Work. temporary buildin~s, false work, and materials and equipment in trarisit, and shall insure against at least the f6n()~ii1g perils Or causes of loss: fire, lightning, extended coverage,. theft, vandalism and malicious mischief, earthquake, , / . collapse, debris removal, demolition occasi9ned. by enforcement of Laws and Regulations, wateLdain~" age, and such other perils or causes of loss as~'y! be specifically 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 equip- ment 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 pay- ment 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, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, 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 certificates or other evidence thereot) 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 00700 - 17 and will contain waiver provisions In accordance 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 deductible amounts that are identified in the Supplementary 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 or Written Amendment. 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, ENGINEER, ENGINEER's Consultants, 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, and other 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, and other 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, ENGINEER, ENGINEER's Consultants, 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, and other 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, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other 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 peril 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, ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other 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 distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement ~,' reached, thedama&~, Work shall be repaired or replaced!" the: moneys, S9 'r~ived applied on account thereof, and the WOrk ahd the ebst thereof covered by an appropriate Change Order or Written Amendment. ,. 'I" ',',( d.' (. '1 ., ., --." -..I l "I .. ..I '..'1 B. OWNER as fiduciary shall have power to adjust and settle any loss with ~e inslU"er& UIJless one of the parties , j .-; : i --_: \,_j,_.,j ,: ......L'~ 00700 - 18 in interest shall object in writing within 15 days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest 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 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 2.05.C. 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 Con- tract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBll...ITIES 1'>, 6.01 Supervision and Superintendence /.: --, / ~''\ \'_~F-'J',. " A. CONTRACTOR shall supervi~.'in:;pect, anp direct the Work competently and efficiently, devoting such / ~ attention thereto and applying such skills and experti!ie 'ilS may be necessary to perform the Work in accordance 'With the Contract Documents. CONTRACTOR shall be'soJety responsible for the means, methods, techniques, sequences, and procedures of construction, but 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. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. '" .... / B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent thereto 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 superin- tendent shall be binding on CONTRACTOR. 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, layout, and construct the Work as required by the Contract Documents. CON- TRACTOR shall at all times maintain good discipline 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, and CON- TRACTOR will not permit overtime work or the performance of Work on 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 General Re- quirements, 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, 00700 - 19 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 warranties and guarantees specifically called for 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. 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 Docu- ments. 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. l. CONTRACTOR shall submit to ENGI- NEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the prog- ress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 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. 00700 - 20 l. "Or-Equal" Items: If in ENGINEER's sole discretion an item of material or equipment pro- posed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be con- sidered 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 substi- tute items. For the purposes of this paragraph 6.05.A.l, 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: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, 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 6.05.A.l, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGI- NEER 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 CON- TRACTOR. c. The procedure for review by ENGI- NEER will be as, set forth: ill paragraph 6.05.A.2.d, V~'\ls4ppiemet1ted ,. ili.Jhe General Requirements and as ENG~~ may decide is appropriate underthe circumstances. c: " .' ! I F ~-. t . .;, j ~ I I ',. ; ., , I .__~ d. CONTRACTOR shall first 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 shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the applica- tion, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate 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, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CON- TRACTOR may furnish or utilize a substitute means, meth- od, technique, sequence, or procedure of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subpara- graph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of accept- ability. No "or-equal" or substitute /,w,ill /be orde(ed, installed or utilized until ENGINEER's r(w~ll' 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 CON- TRACfOR 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 time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CON- TRACfOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. E CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or-equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACfOR 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 reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected 00700 - 21 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 or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver 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 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 shall it create any obligation on the part of OWNER or ENGINEER to payor to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual 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 performing or furnishing any of the Work to communicate with ENGI- NEER through CONTRACTOR. F. The divisions and sections of the Specifications 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 appropriate 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, ENGINEER, ENGINEER's Consultants, 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, and other 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, CONTRAC- TOR 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. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants 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 Supplementary 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, ~\~r~ are'n6iBid$~"'R.iJlthe Effective Date of the Agreement". CONTRA€TqR shall pay all charges of utility owners'for cOnIlections~to the Work, and OWNER shall paYe ~l s~argc:rs of .~uch1,lt,ijity., owners for capital costs related;ttier~to,such as plant investment fees. : ..:'.: . I:'.. 00700 - 22 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with. all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may 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. 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 equipment, 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;~djflcent land or areas resulting from the performa~'bfthe Work. ,. , , 2. Should any claim be ,made 6y':~n.J such owner or occupant because 'of the. perforrrulOce of the Work, CONTRACTOR shalr'i>romptly settle with such other party by negotiaii<iln or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion 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, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations 00700 - 23 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 ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions 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 equip- ment 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, pave- ments, roadways, structures, utilities, and Under- ground Facilities not designated for removal, reloca- tion, 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. All damage, i~ury, 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 Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, 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). 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 protection 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 to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified. J)~rfqIl;I\ance l1-D?, design criteria, materials, and si~IM'data to. show\'ENGINEER the services, materials, ~ and equipmeUtJ CONTRACTOR proposes to provide and to enable ENGINEER to review the information (for: fire "limited l'~~~~ required by paragraph 6.17 .E." I . "'.. ..., ---,. ~ 00700 - 24 B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGI- NEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assem- bly, and installation pertaining to the perfor- mance of the Work; c. all information relative to means, meth- ods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR 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 indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written 00700 - 25 notice of such variations, if any, that the Shdp Draw- ing or Sample submitted may have from,tlle requi(e- /' . . '. ments of the Contract Documents, ~lt'"f19tice to be in a written communication separ'ate from the submittal; and, in addition, shall cause a. specific .' notation to be made on each Shop Drawillg and Sample submitted to ENGINEER for review'iaiiq.' approval of each such variation. 'j E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample 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, con- form to the information given in the Contract Docu- ments and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CON- TRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.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 approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the require- ments of paragraph 6.17 .D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected 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 previ- ous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Docu- ments and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper main- tenance or operation by persons other than CON- TRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. 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 pay- ment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto b~<OWNEtt; f \ 1 \. i I 4. u~e or occupanc.y6f the Work or any part thereof by qW~R;,. .....1 I i I 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Draw- ing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consul- tants, and the officers, directors, partners, employees, agents, and other 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 the performance of the Work, provided that any such claim, cost, loss, or damage: 1. 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; and 2. is caused in whole or in part by any negli- gent act or omission of CONTRACTOR, any Sub- contractor, 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, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (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 00700 - 26 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 CONTRAC- TOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them 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. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a 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 and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees) proper and safe access to the Site and 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. Unless otherwise provided in the Contract Documents, 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 properly integrate with such other work. CON- TRACTOR shall not endanger any wor.k qf. others, by cutting, excavating, or otherwise altering ~.iw,rk and ~ill 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 CONTRACTO& ~r this paragraph are for the benefit of such utility owners..citJd other contractors to the extent that there are comparabk! I provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. /, , l/ \. / 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 performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. 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. 00700 - 27 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 Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly 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 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explora- tions 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 insurance 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. '7;-\/\(....! 'i .'..' \, ,',i~,("-'i 8.09 \ 1Jimitationso~'OWNER' s Responsibilities ,I ,',_: " , ' _.f ~~':: ~II T~ O\YNER,sl,1al~"7not supervise, direct, or have control or" authority ovet" nor be responsible for, CONTRAC;TOR's means, methods, techniques, sequences, or proc{:d~es of cortstruction, or the safety precautions and l ......,_; programs incident thereto, or for any failure of CON- TRACTOR to comply with Laws and Regulations applica- ble 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 00700 - 28 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 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACfOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACfOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACfOR 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 responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. 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 as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Docu- ments. Such written clarifications and interpretations will be binding on OWNER and CONTRACfOR. If OWNER and CONTRACfOR 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, that should be allowed as a result of a written clarification or interpre- tation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and wiiij~:binding "en OWNER and also on CONTRACfOR, wh6;shall perform' the Work involved promptly. If OWNER and CONTRAC- TOR are unable to agree on entitlement to or on the.amOll!lt or extent, if any, of any adjustment in the Contract Price,9i' Contract Times, or both, as a result of a Field Ordei,':if Claim may be made therefor as provided in paragraph 10.05. '..' '> /' 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or 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. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinationsfor Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACfOR. ENGINEER will review with CON- TRACfOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACfOR, subject to the provisions of paragraph 10.05. 9.09 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. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the 00700 - 29 interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, 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. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such' Claim, dispute, or other matter. 9.10 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 perfor- mance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accor- dance 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 mainte- nance 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 requirements 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 responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement 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 Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall 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 appropriate Change Orders recommended by ENGINEER (or Written ~ndm,ents) covering;. i '. .' _.. J 1. changes in the Work which are: (i) o~efe?!~y QWNE..RpUfS~-rto paragraph 1O.0I.A, (il) req\trred because ~ of- 'ac<:eptance of defective Work under paragrilph 13.08.A or OWNER's ,~.___. _< _J . j _mJ 00700 - 30 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 para- graph 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 and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter 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. Notice of the amount or extent of the Claim, dispute, or other matter 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, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days ,~ , ~". '" after receipt of the claimant's 1~. 's!lhmittal ',(imless ENGINEER allows additional time). - J?< ~ </, B. ENGINEER's Decision: ENGINEER will. render a formal decision in writing within 30 days after r~ipt of the last submittal of the claimant or the last sUbmittal:o/ the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is . taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRAC- TOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 1O.0S.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH 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 necessarily incurred and paid by CON- TRACTOR 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 detennined on the basis of Cost of the Work, the costs to be reimbursed 00700 - 31 to CONfRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of CONfRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONfRACTOR. 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 fur- nished 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 payments, 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 CONfRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CON- TRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGI- NEER, 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 00700 - 32 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 CONfRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and main- tenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facili- ties at the Site, and hand tools not owned by the workers, which are consumed in the performance 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 equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Wark. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- lations. e . Deposits lost for causes other than negli- gence 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. \/.."/~~s~ and~kes (and related expenses)pused' byd~ge to the Work, not compensated by insurance or otherwise, sustained by CO~GTOR in ,.connection-' with the perfor- mance of 'the' Work (exc~ptlo~ses and damages , ': "-... _..: I: within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have 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, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, 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, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and con- tracting 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 1 LOLA. 1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's. capital expenses, including interest on/(;()NTRACfQR's capital employed for the Work ~ntt:chilrges against , CONTRACTOR for delinquent payments. . , /' / . . 4. Costs due to the negligence of CQN- ,;) TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for wh'~ 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 11.0l.A and 11.01.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 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.0l.A and 11.01.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 Cash 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 as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no 00700 - 33 demand for additional payment on account of any of the foregoing will be valid. B. 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 Agree- ment. 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 9.08. B. 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. C. 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 mate- rially and significantly 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. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred addi- tional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or d~Iease. I Vi, ",: j ~>I : Ii ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. 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 application of such unit prices to the quantities of the items involved (subject to the provisions of para- graph 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 12.01.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 12.01.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 12.01.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 paragraphse11.01.A.l and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; 00700 - 34 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 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 1l.0 l.Al and 1l.0 l.A2 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 1l.0 l.A4, 11.01.A5, and 11.01.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 in- volved in anyone change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with para- graphs 12.0l.C.2.a through 12.0l.C.2.e, inclu- sive. 12.02 Change o/Contract Times A The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) 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. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) 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 neg\ect by OWNER, acts or neglect of utility owners or other contractors performing other work as ~~i>lated by' Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. /, , . / ..' .~ {,--:> 12.04 Delays Within CONTRACTOR's Control A The Contract Times (or Milestones) will not be extended due to 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 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: I. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. 00700 - 35 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, ENGINEER's Con- sultants, 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 and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph 13.04.B; and 3. as otherwise specifically provided in the Contract Documents. C. \.Jfi~WS or Regulations of any public body having jurisdidi6b!rdtuiierany ~9~k (or part thereof) specifically to be inspected, tested:of'l!.Wfuyed by an employee or other rep~~~ntative of such pu1?Jic body, CONTRACTOR shall assiim'e:tQtl r~ponsibility for arranging and obtaining such inspections,tfsts, or ~PPl'QVal,<;1 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 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 CONTRAC- TOR 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 CON- TRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGI- NEER 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 ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspect- ed or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is 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 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. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or 00700 - 36 Milestones), 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. 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). 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 Laws or Regulations or by the tenus 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.II.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) 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. If CONTRACTOR does not promptly comply with the tenus of such instructiom, 'or in an emergency where delay would cause se~o~risk of IQ.ss~ or damage, OWNER may have the/~e'etive Work " . / .' corrected or repaired or may have the rejcl:ted Work re- moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges oJ engineers, architects, attorneys, and other professionals'lU'lg., all court or arbitration or other dispute resolution costs}y 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. "/. /) B. 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 or by Written Amendment. C. 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. D. 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 fmal payment, ENGINEER) ptefers 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 00700 - 37 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 and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and 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 possession of CONTRACTOR's tools, appliances, con- struction equipment and machinery at the Site, and incorpo- rate 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 employ- ees, 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 charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorpo- rating 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. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) 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 provided in paragraph 2.07.A will serve as the basis for progress 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 estab- lished 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 Docu- ments. 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 Applica~ tion for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. '-.'t .. " " (~'i! 3. The ambUht.of tetainag<1 \y4!i"'respect to pro-gress payments will. be as' stipulated in the Agreement. C' -' , . \ ' . .,... ~ , ~. , ,'"IV " '..,. 00700 - 38 B. Review of Applications 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 indicated; b. the quality of the Work is generally in accordance with the Contract Documents (sub- ject to an evaluation of the Work as a function- ing whole prior to or upon Substantial Comple- tion, to the results of any subsequent tests called for in the Contract Documents, to a final deter- mination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. the conditions precedent to CONTRACTOR's being entitled to such pay- ment 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: (i) 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 responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) 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. 00700 - 39 r' " .', / //"""': '. , ." 4. Neither ENGmttR's review' of CONTRACTOR's Work for the PUJ:IX?ses of recO~~. mending payments nor ENGINEER's recorlW1enda- /> tion of any payment, including final pa~, will impose responsibility on ENGINEER to siiperise, direct, or control the Work or for the means, meth- ods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or 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 referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent 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 replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; oro 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 recom- mended 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 furnishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWN- ER 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 enwnerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CON- TRACTOR 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. \-l'! ,'-- v",/~': ( '! /j '! ._., 14.04 Substantu;Z1;C;ompletion' , , , , ") A. ~eu C.ONTRACTORconsiders the entire Work ready for its'l ihteh{fed use CONTRACTOR shall notify OWNER and ENGINEER. ~ writlngthlU 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. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after ~ consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation 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 Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree 00700 - 40 " <' 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:, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 14.07 Final Payment ( " A. Application for Payment ,/. , . /> 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 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 there- for. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graph 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. . 1. After CONTRACTOR has, '41 the opinion of ENGINEER, satisfactorily compi~ 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 docu- ments (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: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) 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. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 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. 14.06 Final Inspection 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 CON- TRACTOR 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. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observa- tion of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying docu- mentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the 00700 - 41 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 CON- TRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating 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 documentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWNER to CON- TRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confmns, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, 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 appear- ing 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 Docu- ments; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are 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 CON- TRACTOR 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 allowed an adjustment 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 anyone 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 materi- als 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); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equip- 00700 - 42 ment, 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), 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 finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. 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. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Terminate For Convenience A Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Docu- ments prior to the effective date of terminatioq, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as re- quired by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, ~ts.rlosses,~:damages (including but not limited 't&!a1tfees and ~harges of engineers, architects, attorneys, and ~ ~~r professionals and all court or arbitration or othe.(;! > dispute resolution costs) incurred in settlement of /' terminated contracts with Subcontractors;~~pliers, and others; and ~ I 4. for 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 MayStop Work or Terminate A If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or 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. 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 Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as 00700 - 43 either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 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 delivered in person to the individual or to a member of the fIrm or to an officer of the corporation for whom it is intended, or if delivered at or sent 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 Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and 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, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700 - 44 \u' c \~'.. -~ 'I ' J J -......1 'I ~, ". ( '-.--r - '. ..:,~ Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00800 SUPPLEMENTARY CONDITIONS t' '- SUPPLEMENTARY CONDITIONS 00800 -~\ \ , -'" -- - ,," .. (~ Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa S-1 S-2 S-3 S-4 S-5 S-6 S-7 S-8 S-9 S-10 S-11 S-12 S-13 S-14 S-15 S-16 S-17 S-18 S-19 S-20 S-21 S-22 S-23 S-24 8-25 S-26 SECTION 00800 SUPPLEMENTARY CONDITIONS ARTICLES WITHIN THIS SECTION Definitions Limitations of Operations Insurance Supervision and Superintendence Concerning Subcontractors, Suppliers and Others Compliance with OSHA Regulations Employment Practices Contract Compliance Program (Anti-Discrimination Requirements) Measurement and Payment Taxes Construction Stakes Restriction on Non-Resident Bidding on Non-Federal-Aid Projects Copies of Documents -. Reports of Physical Conditions Bonds Permits OWNER'S Responsibility Rental Liquidated Damages Amount of Retainage Final Payment Dispute Resolution with Performance Evaluation ENGINEER'S Consultant's (Consultant's) Authority Tests and Inspections Traffic Control Performance Evaluation 0;7 Caption and Introductory Statements These Supplementary Conditions amend or supplement the City of Iowa City General Conditions (Section 00700) 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 \ --;0, ( ~") 0...,> Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa S-1 DEFINITIONS. "CONFLlCr A case where an item of work is shown or specified differently in two or more places in the Contract Documents. An item of work shown in one portion of the Contract Documents but not in another is not a conflict. "ENGINEER" shall mean the Director of Public Works for the City of Iowa City, Iowa or his authorized representative, hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities, and have the right and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. The Project has been designed and plans and specifications have been prepared by Howard R. Green Company, who is hereinafter called ENGINEER'S Consultant. "ENGINEER'S CONSUL T ANr ("CONSUL T ANr) shall mean the consulting engineering firm with which the OWNER has contracted to design the project and, to prepare plans and specifications. l~_. "OWNER" and "CITY" shall mean the City of Iowa City, Iowa acting through the City Council and duly authorized agents. e-.; "CONTRACTING AUTHORITY," "DEPARTMENT OF TRANSPORTATION," or "COUNTY" . shall mean the CITY. "lOOT 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. "INSPECr 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. \/ \ i,' , " l' !] C' . ..;.;. . . i j , ':, "".:~ .'0 SUPPLEMENTARY CONDITIONS 00800 - 2 \.. _! ~:L'~; i .____.J Howard R. Green Company Project No. 728170-J FY06 Cell Construction <Io~a City Landfill and Recycling Center . 1/: ')1 Iowa City, Iowa l' ./ . /'" I "PUNCH LIST" List of incomplete items of work ari<;t~~f items of work which are not in conformance with the Contract. The list will bel prepared by the ENGINEER'S representative when the Contractor (1) notifies the ENGINEER'S representative in writing that the work has been completed in accordance with the contract and (2) requests in writing that the OWNER accept the work. "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 in accordance with Division 1 of the Project Manual. "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 N.ew 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. When an official holiday falls on Sunday, the following Monday shall be designated as a substitute holiday, and observed as an official holiday. When an official holiday falls on a Saturday, the preceding Friday shall be designated as a substitute holiday, and observed as an official holiday. 5-2 LIMIT A TION5 OF OPERA TION5. Except for such work as may be required to properly maintain lights and barricades, or other work related to safety, no work will be permitted on Sundays or legal holidays without specific permission of the ENGINEER. SUPPLEMENTARY CONDITIONS 00800 - 3 \ I L.~ Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa , "-.-" S-3 INSURANCE. A. CERTIFICATE OF INSURANCE; CANCELLATION OR MODIFICATION 1. Before commencing work, the Contractor shall submit to the City for approval a Certificate of Insurance, meeting the requirements specified herein, to be in effect for the full contract period. The name, address and phone number of the insurance company and agent must accompany the certificate. The liability limits required 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: i . I '--, Type of Coveraae Comprehensive General Liability Each ~ Occurrence Aaaregate Bodily Injury & Property Damage* $1,000,000 $2,000,000 Automobile Liability Combined Sinole Limit Bodily Injury & Property Damage $1,000,000 Excess Liability $1,000,000 $1,000,000 Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. r ,,~ ..- ( r- i *Property Damage liability insurance must provide explosion, collapse and underground coverage. I L The City requires that the Contractor's Insurance carrier be A rated or better by A.M. Best. r i_ \1/ ,"',1 ,. ',/\l .',' , . l ,~j I \ -',i;\ I,("\! '" Jk." i L. )'-'-1- I I c: fl. : 'I _, I SUPPLEMENTARY CONDITIONS 00800 - 4 I I L ~ ~ \, / Howard R. Green Company Project No. 728170-J , FY06 Cell Construction Ipwa City Landfill and Recycling Center . /1 Iowa City, Iowa 1// r, "8 In addition, the Contractor shall be required to co~p:!t with the following provisions with respect to insurance coverage: 7 ;.:<1 "'.... 1. The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable. or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage amount shall not be subject to reduction by virtue of investigation or defense costs incurred by Contractor's insurer. 2. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self-insured retention to be attributed to, the Contractor unless this requirement is waived by the City. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self-insured retention. 3. If Contractor's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided. such exclusions or limitations shall be noted on the Certificate of Insurance. 4. The City prefers that Contractor provide it with "occurrence form" liability insurance coverage. If Contractor can only provide "claims-made" insurance coverage, then the Contractor must comply with the following requirements: a. If the Contractor changes insurance carriers, or if Contractor's insurance coverage is canceled, during the contract period or within two years after City's acceptance of the work, Contractor agrees to immediately notify the City of such event. b. If Contractor's insurance is canceled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. c. If, during sa~d period, Contractor voluntarily changes insurance carriers or is required to obtain replacement coverage from another carrier, Contr!3ctor 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. d. "Tail" or "prior acts" coverage so provided shall have the same coverage, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self-insured retention than the insurance which it replaces. '.. SUPPLEMENTARY CONDITIONS 00800 - 5 ....., Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa ; ,~ 5. The City reserves the right to waive any of the insurance requirements herein provided. The City also reserves the right to reject Contractor's insurance if not in compliance with the requirements herein provided, and on that basis to either award the contractto the next low bidder, or declare a default and pursue any and all remedies available to the City. r-: , 6. In the event that any of the poiicies 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 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 r I' I. 1. The Contractor shall indemnify, defend and hold harmless the City of Iowa City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. 2. Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa. 3. It is further specifically stipulated that the Contractor's insurance coverage shall include an endorsement that, with regard to Contractor's insurance coverage, the Contractor shall never assert any claim against the City, its officers or employees, arising in any way from this Agreement. \../h " /", I vi ,/\l_.,o ,', \./.,..IC,I ,/ i;J \ .; ! '1",\ '.j ('{J.lli:'; ~ .'~r!' :J . I. c SUPPLEMENTARY CONDITIONS 1 i.,. j j _._, 00800 - 6 I it \ Howard R. Green Company Project No. 728170-J ,- .. FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City,lowa D. PROPERTY INSURANCE 1:'\ ..-. 1. Contractor shall secure all-risk type of builders risk insurance covering work performed under the contract and materials, equipment or other items to be incorporated therein, while the same are located at the construction site, stored off site, or at the place of manufacture. The policy shall cover not less than losses due to fire, flood, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke until the date of final acceptance of the Work. The policy may exclude loss or damage caused by or resulting from errors in design or from the use of substandard materials or supplies used knowingly by or at the direction of the insured, but not excluding results, physical loss, or damage to other property covered hereunder. Neither exclusion shall apply in the event of fire, explosion, or acts of God. 2. The maximum deductible allowable under this policy shall be $100,000. The policies providing this insurance shall name the OWNER, Contractor, Subcontractor, ENGINEER and their subconsultants as additional insureds as their respective interests shall appear. The making of progress payments to the Contractor shall not be construed as creating an insurable interest by or for the OWNER or being construed as relieving the Contractor or his Subcontractors of responsibility for loss or direct physical loss, damage or destruction occurring prior to final acceptance. S-4 SUPERVISION AND SUPERINTENDENCE. CONTRACTOR shall maintain a qualified and responsible person available 24 hours per day, seven days per week to respond to emergencies which may occur after hours. CONTRACTOR shall provide to ENGINEER the phone number and/or paging service of this individual. Contractor shall give the OWNER and ENGINEER written notification of the name of the Project Superintendent. A copy of the Drawings and Specifications shall be available on the project site at all times. S-5 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS. A. LISTING OF SUBCONTRACTORS Bidders shall list those persons, firms, companies or other parties to whom it proposeslintends 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. SUPPLEMENTARY CONDITIONS 00800 - 7 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa ',-, B. MINORITY BUSINESS ENTERPRISES If no minority business enterprises (MBE) are utilized, the CONTRACTOR shall furnish documentation of all efforts to recruit MBE's. C. SUBCONTRACT LIMITATIONS In addition to the provisions of Paragraphs 6.06: A, B, C, 0, E, F, and G of the Iowa City General Conditions, the Contractor shall perform not less than 50 percent of the Work with its own forces (Le., 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. c.- '--' 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. --, i i I . The Contractor will provide Material Safety Data Sheets (MSDS) for all hazardous chemicals or materials that will be at the job site. The Material Safety Data Sheets will be submitted to the ENGINEER prior to the start of construction and supplemented as necessary throughout the project. This data is being provided for informational purposes only and does not relieve the contractor of any obligations for compliance with applicable OSHA and State laws regarding hazardous chemicals and right-to-know. S-7 EMPLOYMENT PRACTICES. Neither the Contractor nor his/her subcontractors, shall employ any person whose physical or mental condition is such that his/her employment will endanger the health and safety of themselves or others employed on the project. Incompetent or incorrigible employees shall be dismissed from Work by Contractor or its representative when requested by ENGINEER, and such persons shall not again be permitted to return to Work without written consent of ENGINEER. , Cqntractor 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 be~use of sex, race, .col~~, religiQ!}\\tl~~Q~?1 ~~p'ip{ _~,exual ori~ntation, gender identity, mantal status, age or disabilIty unle~ ~~tl,I~lsablh~'l~'telated to Job performance of such person or employee. / · ..... '! :J S\l; i I '''1"' r":! ',' SUPPLEMENTARY CONDITIONS 00800 - 8 . , i ;, Howard R. Green Company Project No. 728170-J ,1-\ " '<:- 'FY06 vCeU Construction Iowa City La'lcffiUtmd REroy~ing Center lowa'City, Iowa - ( ..;J To discharge from employment or refuse to hire any individual because of 's~x, race, color, religion, national origin, sexual orientation, gender identity, marital status, age, or disability unless such d!sability is related to job performance of such person or employee. S-8 CONTRACT COMPLIANCE PROGRAM (ANTI-DISCRIMINATION REQUIREMENTS). For all contracts of $25,000 or more, the Contractor shall abide by the requirements of the City's Contract Compliance Program, which is included with these Specifications beginning on page CC-1. S-9 MEASUREMENT AND PAYMENT. Section 01025, Measurement and Payment, contained in Division 1 of these specifications defines all pay items and methods of measurement. S-10 TAXES. Chapters 422 and 423 of the Code of Iowa, as amended, require the Contractor to pay Sales or Use Tax on materials used in the construction. All Contractors shall prepare and require their subcontractors to prepare, sign and acknowledge before a Notary Public, Department of Revenue Form 35-002 listing their respective expenditures for all materials that become an integral part of the completed project;, the purchase price, the amount of Sales or Use Tax paid, the names of the material suppliers, and all other information required to complete said form. All Contractors shall file with the OWNER executed copies of these forms covering all material incorporated by them or their subcontractors. Receipt of said executed forms by the OWNER shall be a prerequisite to final payment of retained percentages of Contract price to the Contractor. The City will reimburse Contractor for taxes approved and reimbursed by the State of Iowa. Reimbursement to the Contractor will occur within 30 days of the City receiving reimbursement from the State. Tax statements submitted after the project has been accepted by the City Council will not be accepted or reimbursed. S-11 CONSTRUCTION STAKES. The Contractor shall be responsible for the preservation of stakes and marks. Any necessary re- staking will be at the Contractor's expense and will be charged at a rate of $75 per hour. 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. SUPPLEMENTARY CONDITIONS 00800 - 9 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa S-13 COPIES OF DOCUMENTS. The OWNER shall furnish to the Contractor 10 copies of the Contract Documents with 10 sets of full-scale drawings. Additional quantities of the Contract Documents will be furnished at reproduction cost. , ; S-14 REPORTS OF PHYSICAL CONDITIONS. In the preparation of the Contract Documents, the ENGINEER has relied upon: -....: A. The following drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Utilities) which are at or contiguous to the site of the Work: Drawings, Specifications, and contract documents of the previous construction projects at the site. -" 1. 2. 3. All of the above by Howard R. Green Company. ~ 8. The following reports of explorations and tests of subsurface conditions at the site of the Work: ,,~ 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 City of Iowa City General Conditions and identified and established above, the Contractor may rely upon the accuracy of all information contained in these reports and certain aspects of the drawings which are incorporated in the Contract Documents by reference. Copies of Soil Borings and related information specific to the C&D waste may be found at the end of Section 02781. S-15 BONDS. The Contractor shall furnish a satisfactory Performance Bond in the amount of 100 percent of the Contract Price and a satisfactory Payment Bond in the amount of 100 percent of the Contract Price as security for the faithful performa~I"Fl~d'ipaym~/)~',A~ all the Contractor obligations under the Contract Documents. vi, \u i; . ;.' '!>:, lv, i ,_J ..-, (' h . II : "j .:'; j . I "" SUPPLEMENTARY CONDITIONS '.... -. ; i : ! 00800 - 10 , , ~ / ~,! , Howard R. Green Company Project No. 728170-J / -". "" FY06 &wC'cmstructio~ , ~ Iowa City Landfill and Rec'yclil)g Center . Iowa Cify,{Qwa " II:' ~ S-16 PERMITS. " '>1 In addition to the provisions of Paragraph 6.08 of the City of Iowa City General Conditions, the following subparagraph shall be incorporated: The Contractor shall secure and pay for all permits and governmental fees, licenses and inspections for tile proper execution and completion of the Work which are customarily secured after execution of the Contract and which were legally required at the time bids were received. Included are all necessary Federal, State, and local permits required for any dewatering. The Contractor shall also prepare a Storm Water Pollution Prevention Plan to address the proposed construction, and procure the required National Pollutant Discharge Elimination System (NPDES) General Permit Number 2 for "Storm Water Discharge Associated With Industrial Activity For Construction Activities". The Contractor shall also provide all monitoring and test reporting relating to all discharges. S-17 OWNER'S RESPONSIBILITY. Add the following to paragraph to 8.09 of the City of Iowa City General Conditions. 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. S-18 RENTAL. The Contractor will be paid for the use of equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication: "Contractor's Equipment Cost Guide" as published by Dataquest (a company of the Dunn and Bradstreet Corporation), 1290 Ridder Park Drive, San Jose, CA 95131, telephone number (408) 437-8000 or outside of California (800) 227-8444. S-19 LIQUIDATED DAMAGES. Add the following to Paragraph 12.06 of the City of Iowa City General Conditions: OWNER and the Contractor recognize that the OWNER will suffer financial loss if the work is not completed within the time specified in the Notice of Hearing and Letting, plus any extensions thereof anowed in accordance with Article 12 of the City of Iowa City General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the work is not completed on SUPPLEMENTARY CONDITIONS 00800 - 11 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa ~"'"'" 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 ONE THOUSAND DOLLARS ($1,000.00) for each calendar day that expires after the time specified in the Notice of Hearing and Letting. S-20 AMOUNT OF RET AINAGE. Add the following to Paragraph 14.02.A.3 of the City of Iowa City General Conditions: 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 Chapter 573 of the Code of Iowa, 1997, as amended. S-21 FINAL PAYMENT. Add the following to Paragraph 14.07.C of the City of Iowa City General Conditions: Final payment of the retainage due the Contractor will be made not earlier than 31 days from the final acceptance of the work by the OWNER, subject to the conditions and in accordance with the provisions of Chapter 573 of the Code of Iowa, 1997, as amended. S-22 DISPUTE RESOLUTION. Add the following to Article 16 of the City of Iowa City General Conditions. Disputes arising out of this Agreement may be submitted to nonbinding mediation, and each party shall pay their portion of the mediator's fees. The mediator shall be neutral and mutually agreeable to all parties. In the absence of agreement as to the appointment of said mediator, all disputes shall be resolved by the courts as provided for under the laws of the state of Iowa. Under no circumstance shall binding arbitration be required. ' S-23 ENGINEER'S CONSULTANT'S (CONSULTANT'S) AUTHORITY. The ENGINEER'S CONSULTANT (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. \-! ',f, ('I . I , \ ,...)1 , \'1 I'''' (';, . I I :J f . I r' ."0, r '----" SUPPLEMENTARY CONDITIONS I: ...j t J , , : __...J 00800 -12 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa S-24 TESTS AND INSPECTIONS. As stated in the City of Iowa City General Conditions Section 13.03, the OWNER will perform all tests and inspections associated with the compacted clay liner, as required in Section 01400 QUALITY CONTROL, items 1.05F, G and H. The Contractor will appoint and employ services of an independent firm to perform all other testing and related services, as noted in 01400, 1.05 A, and all re-testing as noted in 01400, 1.05E. 5-25 TRAFFIC CONTROL. The OWNER will maintain routing landfilling operations at the site during the project. Therefore, in addition to the services, materials and equipment required in 6.03A of the City of Iowa city General Conditions, the 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. The Contractor shall give specific attention to traffic control associated with excavation of the C&D waste, and redisposal of this waste at landfill cells FY81 and FY83. 5-26 PERFORMANCE EVALUATION. The prime Contractor and each subcontractor's performance will be evaluated using the form at the end of this section. If a Contractor achieves an average score of less than four (4), the Contractor will be removed from the status of "Responsible Bidder", as referenced in the Iowa State Code, for a period of two (2) years. During that period the Contractor will not be eligible for award of Contract or subcontract with the City of Iowa City. f_ : 1 )> \". ,,"" co SUPPLEMENTARY CONDITIONS 00800 - 13 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa CONTRACTOR EVALUATION '. . -~. CONTRACTOR: EV ALUA TOR: Scoring: Rate on a scale of 0 to 10 with 0 being the worst score and 10 being the best. I. TECHNICAL COMPETENCE 1. Knowledgeable superintendent: Comments: 2. Knowledgeable foreman: Comments: 3. Skilled labor with adequate supervision: Comments: 4. Proper equipment for the job: Comments: \-1 i\ l, .'" "'; \ ' 1 " VI',' \,\,_'1 - \, ~ I, I -: / :' ':. ", /........! i i \/\~....) I I 1/--"1 , ,I ---, tl \, : II ' j . , C) _ , '-I"; J., SUPPLEMENTARY CONDITIONS 00800 - 14 , ' j, j -.--' Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa II. .PROJECT PERFORMANCE 1. Schedules work well: Comments: 2. Conducts work in an organized and continuous manner: Comments: ( 3. Constructs project with regard for abutting residents/businesses: Comments: ....- -- .' 4. Adapts to changes in conditions or scope: Comments: "):7 " "' 1.."'" c:> 5. Uses proper traffic control measures. Comments: 6. Conducts work with regard for employee and public safety. Comments: AVERAGE SCORE: END OF THE SUPPLEMENTARY CONDITIONS SUPPLEMENTARY CONDITIONS 00800 - 15 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa Cit~;:-Jowa {./ (") SECTION 01010 SUMMARY OF WORK PART 1 GENERAL ~ .' (-; ~(>1 1.01 PROJECT )/ The project consists of: FY06 Cell Construction, Iowa City Landfill and Recycling Center, City of Iowa City, Iowa. Included in this project is the excavation of existing construction and demolition (C&D) waste and associated soil from a former fill area located adjacent to the proposed FY06 cell, and the re-disposal of the excavated C&D waste in the area designated on the construction drawings. 1.02 OWNER A. The Owner of the Project is the City of Iowa City, 410 East Washington, Iowa City, Iowa 52240. Telephone: (319) 356-5140. Fax: (319) 356-5009. 1.03 ENGINEER The Engineer for the Project is the Director of Public Works for the City of Iowa City, Iowa or his authorized representative. Telephone: (319) 356-5144. Fax: (319) 356-5009. 1.04 ENGINEER'S CONSULTANT (CONSULTANT) The ENGINEER'S CONSULTANT (CONSULTANT) for the Project is Howard R. Green Company, 8710 Earhart Lane SW, Cedar Rapids, Iowa 52404. Telephone: (319) 841- 4000. Fax: (319) 841-4012. 1.05 CONSTRUCTION CONTRACTS The Owner will award a single construction contract for the total Work of the Project. 1.06 EXISTING ENGINEERING PLANS Not applicable - - (~~5 ,'~ .J ":::'J <......; U,-- ":,1 '.' ::---=: (, >:::::~ SUMMARY OF WORK 01010 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 1.07 COMMENCEMENT OF WORK The Contractor shall not commence Work nor allow Subcontractors or Sub-subcontractors to commence Work until: 1. The Contract has been fully executed. 2. The Owner has approved the Contractor's Performance and Payment Bonds. 3. The Owner has approved evidence of the Contractor's Liability Insurance and other Insurance required to be purchased by the Contractor. 4. The Engineer on behalf of the Owner, has issued a Notice to Proceed. 1.08 WORK SEQUENCE A. The Contractor shall coordinate the construction schedule and operations with Owner/Engineer. B. The Project involves occasional contact with the public. The Contractor is encouraged to perform his or her operations as professionally as possible to minimize conflicts with the public and adjacent property owners. ,......., C. Maintain the adjacent landfill areas in operation during construction. D. Specific Construction sequencing as follows: Fall Construction 1. Construct lower access road along the westerly ends of landfill cells FY 96, FY 98 and FY 02, Phase 2A. 2. Construct addition to access road at northeast corner of proposed landfill cell FY 06. 3. Prepare existing landfills cells FY 81 and FY 83 for receipt of C&D waste, including excavation of excess soil stockpile from these cells. The excavated soil shall be used as cover materiCiI, or stockpiled as directed at the designated stockpile area on landfill cells FY 95 and FY 96. 4. Excavate and re-dispose of C&D waste and associated soil, including application of cover material. 5; Construct addition to south service road. 6. Excavate for proposed FY 06 landfill cell. The excess excavation is to be placed at the designated stockpile area on landfill cells FY 95 and FY 96. 7. Provide temporary seeding erosion control. 8. Construct the groundwater drainage system for proposed landfill cell FY 06. -~ ~' ~//\;\ C,~:!i " , /,1,,1',(1! '. II \ --' I Ii:] ,~ iJ ':1 ; I! , ;;1= ~. ("\ r,( ;ij I ~ _. SUMMARY OF WORK 01010 - 2 ..... H '_.~.~.J Io: Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa Spring Construction 9. Construct the 5-feet thick compacted clay liner for the proposed landfill cell FY 06. Any exposed portion of the liner is to be protected from the freeze-thaw cycle during the construction period. Compaction of the top 12 inches of the liner to be reverified. It may be necessary to recompact at the Contractor's expense. 10. Construct the leachate collection piping system for proposed landfill cell FY 06. 11. Complete drainage control/letdown structure at the southwest corner of landfill cell FY91. 12. Provide drainage for excavated FY 06 landfill cell area. Grade to drain to the existing silt basin located to the west of landfill cells FY 96, FY 98 and FY 02, Phase 2A. 13. Complete final grading, erosion control and seeding. 14. Contact Engineer prior to placing geo-composite/shredded tire drainage layer in cell, to allow for IDNR inspection. 15. Place geo-composite/shredded tire drainage layer. E. Working Hours: The Contractor will be allowed to work 24 hours per day, six days a week on the project site. No work will be allowed on Sundays or holidays. Secure the site when working after standard landfill operating hour. Pipe installation will only be allowed from 8:00 a.m. to 5 p.m.; earthwork will be allowed at any time during these specified working hours. 1.09 OWNER OCCUPANCY A. The Owner shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the time for completing the entire Work or such portions as may not have expired; but such taking, possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of, or delays the Work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. 1.10 COMPLETION OF WORK Project will be completed by June 30, 2006. 1.11 LAYOUT OF WORK Not applicable "'~,-".., (.._-~ '_'J SUMMARY OF WORK 01010 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 1.12 PERMITS, FEES AND NOTICES The Contractor shall secure and pay for all permits and governmental fees, licenses and inspections for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which were legally required at the time bids were received. Included are all necessary Federal, State, and local permits required for any dewatering. The Contractor shall also prepare a Storm Water Pollution Prevention Plan to address the proposed construction, and procure the required National Pollutant Discharge Elimination System (NPDES) General Permit Number 2 for "Storm Water Discharge Associated With Industrial Activity For Construction Activities". The Contractor shall also provide all monitoring and test reporting relating to the discharges. ......-, END OF SECTION 01010 '-" ...--.., '-.' \-1 i' r ," : V! ': \-,... , .. ""01 \-:'i"~\ I <J .-, t. i. .: I I '.:_ i j . II ,. ,... ~, SUMMARY OF WORK 01010 - 4 ~ ,-.-. , r--, Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01025 MEASUREMENT AND PAYMENT PART 1 GENERAL i 1.01 SUMMARY l__ ' A. Section Includes: 1. Measurement and Payment - Unit Prices. 2. Application for Payment. 3. Retainage. 4. Partial Payments. 5. Final Payment. 6. Change Orders. ~- \ ":; , )7 (",,) (j) 1.02 MEASUREMENT AND PAYMENT - UNIT PRICES A: Measurement and Payment for each Bid Item is as follows: 1. Excavation: The quantity for which payment will be made is to be the quantity shown in the contract documents per cubic yard. This work shall include all excavation from the existing ground surface down to the top of the proposed compacted clay liner, and excavation for borrow where so ordered; excavation for shoulders, slopes, open channel ditches; all excavation, fill and compaction required to construct all Service and Access Roads as shown in the contract documents; and removal and disposal of all materials of items for which direct payment is otherwise provided. This work shall include all cutting, filling, grading and finish grading, backfilling, compaction, and related work as specified in the contract documents. 2. C&D Waste Removal and Redisposal: The quantity for which payment will be made is to be the quantity shown in the contract documents per cubic yard. This work shall include all excavation from the existing ground surface down to two feet below the bottom of the proposed clay liner. The unit price for excavation shall include the cost to excavate the redisposal area, haul and bury the excavated C&D material to the redisposal area, and to place and grade two feet 'of cover dirt material over the placed C&D material. This work shall include all cutting, filling, grading and finish grading, backfilling, compaction, and related work as specified in the contract documents. 3. Clay Liner: Payment is based on actual construction quantity per cubic yard, measured on the actual fill area and design depths of the in-place liner. This work shall include all excavation and recompaction for the 5-foot thick compacted clay liner, including all necessary excavation and recompaction to replace areas where sand seams or other unsuitable materials are encountered. MEASUREMENT AND PAYMENT 01025 - 1 Howard R. Green Company Project No. 728170-J " FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 4. Leachate Drainage Layer, Tire Chips, 12": Payment is based on actual construction quantity per ton, measured on the actual compacted clay liner area of the cell bottom and side slopes at the 12 inch design depth of in-place drainage layer material (tire chips ). 5. Leachate Pipe, SDR 17 HDPE, 6" Dia., Perforated: Payment is based on actual construction quantity to the nearest linear foot. This work shall include all pipe, fittings, testing, installation, excavation, bedding, backfilling, and compaction. 6. Leachate Pipe, SDR 17 HDPE, 6" Dia., Solid: Payment is based on actual construction quantity to the nearest linear foot. This work shall include all pipe, fittings, testing, installation, excavation, bedding, backfilling, and compaction. r-, 7. Leachate Pipe, SDR 17 HOPE, 8" Dia., Solid: Payment is based on actual construction quantity to the nearest linear foot. This work shall include all pipe, fittings, testing, installation, excavation, bedding, backfilling, and compactiori. 8. Ground Water Pipe, SDR 35 PVC, 4" Dia., Perforated: Payment is based on actual construction quantity to the nearest linear foot. This work shall include all pipe, fittings, testing, installation, excavation, bedding, backfilling, and compaction. 9. Ground Water Pipe, SDR 35 PVC, 8" Dia., Solid: Payment is based on actual construction quantity to the nearest linear foot. This work shall include all pipe, fittings, testing, installation, excavation, bedding, backfilling, and compaction. 10. Storm Sewer Pipe, CMP, 12" Dia.: Payment is based on actual construction quantity to the nearest linear foot. This work shall include all pipe, fittings, testing, installation, excavation, bedding, backfilling, and compaction. .--'" , I 11. Storm Sewer Pipe, CMP, 18" Dia.: Payment is based on actual construction quantity to the nearest linear foot. This work shall include all pipe, fittings, testing, installation, excavation, bedding, backfilling, and compaction. CI 12. Storm Sewer Pipe, CMP, 30" Dia.: Payment isbased on actual construction quantity to the nearest linear foot. This work shall inClude all pipe, fittings, testing, installation, excavation, bedding, backfilling, and compaction. ,........ 13. Storm Sewer Pipe, CMP, 42" Dia.: Payment is based on actual construction quantity to the nearest linear foot. This work shall include all pipe, fittings, testing, installation, excavation, bedding, backfilling, and compaction. 14. Leachate Cleanout, 6": Payment is based on actual construction quantity per each. This work shall include all testing, installation, excavation, bedding, backfilling, and compaction. \11' I.,: ,! "! ,\,\0\ , 11';'1; '1'/ ; 1,"\, 15. Ground Water Cleanout, 6": Payment is based on actuat construction quantity per each. This work shall include all testing, ,i.ns~all~~ior;l~ ~X<4v~tiOJ;l, bedding, backfilling, t"J . t : i I .' J. ,~, ., MEASUREMENT AND PAYMENT \........ i ": I J 01025 - 2 '--' Howard R. Green Company Project No. 728170-J . \?] FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa ( and compaction. , , r'''}, , \~.-'~;0 16. Geo-Composite Drainage Layer: Payment is based on actual construction quantity per square foot, measured on the actual compacted clay liner of the cell bottom. 17. Valve, 6": Payment is based on actual construction quantity per each. This work shall include all testing, installation, excavation, bedding, backfilling, and compaction. 18. Manhole and Appurtenances, HDPE, 48" Dia.: Payment is based on actual construction quantity per each. This work shall include manhole sections, ring and cover, testing, installation, excavation, bedding, backfilling, and compaction.' 19. Manhole Adjustment: Payment is based on actual construction quantity per each. This work shall include manhole ring extension, valve stem extensions, pvc pipe extensions, testing, installation, excavation, backfilling, and compaction necessary to complete a manhole adjustment as per the contract documents. 20. Class A Crushed Stone: Payment is based on actual construction quantity per ton necessary to construct all Service Roads, Access Roads and Rain Day Pads as per the contract documents. 21. Macadam Stone: Payment is based on actual construction quantity per ton necessary to construct all Service Roads, Access Roads and Rain Day Pads as per the contract documents. 22. Erosion Stone: Payment is based on actual construction quantity per ton used at storm sewer inlets as per the contract documents. 23. Rip Rap Material - Class E Revetment: Payment is based on actual construction quantity per ton used at storm sewer outlets and for slope protection as per the contract documents. 24. Engineering Geo-Grid for Road: Payment is based on actual construction quantity per square yard necessary to construct all Service Roads and Access Roads as per the contract documents. 25. Seeding / Fertilizing / Mulching - Rural Mix: The quantity for which payment will be made is to be the quantity shown in the contract documents per acre. This work includes labor and materials required in the contract documents to restore disturbed areas to similar or better condition than existed prior to construction. 26. Sales for Erosion Control: Payment is based on actual construction quantity per linear foot. This work includes all labor and materials necessary to install bales for erosion control as per the contract documents. 27. Placement of Compost Windrows: Payment is based on actual construction quantity MEASUREMENT AND PAYMENT 01025 - 3 '- Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa per cubic yard measured by the actual areas and depths of the compost windrows. This work includes all labor and materials necessary to place compost windrows as per the contract documents. 28. Mobilization: The Contractor will be paid the lump sum contract unit price. This work includes preparatory work and operations for all items under the contract, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site, which must be performed or costs incurred prior to the beginning work on the various items on the project site. Mobilization may include bonding, permits and demobilization costs. c~ B. Authority: Measurement methods are delineated in the individual specification sections. C. Take all measurements and compute quantities. The Engineer will verify measurements and quantities. D. Unit Quantities: Quantities and measurements indicated in the Schedule of Prices are for contract purposes only. Quantities and measurements supplied or placed in the Work shall determine payment. Actual quantities provided will determine payment. E. Payment Includes: Full compensation for all required labor, Products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit. F. 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. i--.-J' G. Unless specifically noted as a bid item in the Form of Proposal, all other work which must be performed to complete the project shall be considered as "Incidental Work" and the cost of such work (including furnishing and installing materials) shall be included in the unit prices of items of work. H. Mobilization shall consist of preparatory work and operations for all items under the contract, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site, and for the establishment of all offices, buildings, and other facilities, which must be performed or costs incurred prior to beginning work on the various items on the project site. This item may include demobilization costs. '---.~' Nothing herein shall be construed to limit or preclude partial payments otherwise provided for by the contract. \j l!\i~i I ;',/\0 \ The proposal will have a lump sum item for M~ilii.~tion.Th~ bidder will indicate the bid price in dollars, and this will be the contract price for this item.r" t"j ~1 : II " ! ';t ~: -,. :; '---' "-..~ ---' , , \,! i I; ~_,..... 01025 - 4 MEASUREMENT AND PAYMENT i-i Howard R. Green Company Project No. 728170-J / /1,/.. f.. .~. r.;/ ~,) ';J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa '1 ,>' 1. Partial Payments. a. 50 percent of the original contract price for this item may be paid in the first payment application. The remainder of this item may be paid in the second payment. 2. Full Payment. Upon completion of all work on the project required by the contract, full payment will be made for this contract item, including any amount not paid as a partial payment. 1.03 APPLICATION FOR PAYMENT A. The Contractor shall submit his Application for Payment to the Owner once each month. The dates to be determined at the Preconstruction Meeting. B. The Application for Payment shall be made on the Pay Request Form provided by the Owner. C. The Application for Payment shall be based on the valuation of the Work done and materials and equipment not incorporated in the Work, but delivered and suitably stored at the site as of the last day of the preceding month. D. No payment will be made on account of materials and equipment stored at off site locations. Such approval shall contain procedures to establish the Owner's title to and protect the Owner's interest in the materials and equipment including insurance, designate a location for storage, and provide for protection and transportation to the site. The Contractor shall submit such data substantiating his right to payment as the Owner/Engineer may require. 1.04 RET AINAGE A. To insure the proper performance of the contract, the Owner will retain 5 percent of the amount due the Contractor on account of progress payments. B. Such Retainage will be retained by the Owner until final payment 1.05 PARTIAL PAYMENT A. Monthly payment estimates will be considered by the City, and payment will be made within 30 days following approval by the City. 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 MEASUREMENT AND PAYMENT 01025 - 5 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa ------' ~ 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 City Council at the regular council meeting and final payment will be made not earlier than 31 days following acceptance of the work by the Owner. 1.07 CHANGE ORDERS A. If the Owner desires a change in the Work, the Engineer and Owner will notify the Contractor and provide a written description, in the form of drawings or otherwise, of the change. l.._~' B. The Contractor shall promptly submit to the Engineer in writing a firm proposal for changes in the Contract Sum and Contract Time, if any, resulting from the proposed change. ,----' C. The Owner shall have 30 days or such other time as may be agreed upon, in which to accept or reject the Contractor's proposal after its submission, and the Contractor shall not modify or withdraw the proposal during this period without the Owner's consent. D. The Contractor may also propose changes by submitting a request for change to the Engineer and Owner, describing the proposed change and its full effect on the work. Include a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time with full documentation and a statement describing the effect on Work by the Contractor. --- ~' PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01025 ~ ~ ..J \-/" . '.lJ ,,' -' J I I ') 1\1 : i i : :;;" MEASUREMENTAND PAYMENT 1 i 1 :~'.j 01025 - 6 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01039 COORDINATION AND MEETINGS PART 1. GENERAL 1.01 SECTION INCLUDES A. Coordination. c- B. Field engineering. -- C. Preconstruction conference. -)7 c"') cP D. Progress meetings. 1.02 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B. Verify that utility requirement characteristics of operating equipment are compatible with building utilities. Coordinate Work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. C. Coordinate space requirements and installation of mechanical and electrical work, which are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. D. . Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion. 1.03 FIELD ENGINEERING A. Contractor to locate and protect survey control and reference points. B. Control datum for survey is that established by Owner-provided survey. C. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. COORDINATION AND MEETINGS 01039 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa r-- 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. 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 maximum monthly intervals. B. Make aITangementsfor meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within two days to Engineer, Owner, participants, and those affected by decisions made. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner's field representative, and Engineer or Engineer's Consultant, as appropriate to agenda topics for each meeting. ,..-. D. Agenda: 1. 2. 3. 4. 5. Review minutes of previous meetings. Review of Work progress. Field observations, problems, and decisions. Identification of problems which impede planned progress. Review of submittals schedule and \~7J~I:Of)~pb(Tli~~~~)! >.~j Ii' '~,J +, f] -I I l;1 (' _ " . 11 ...; v ."\ r COORDINATION AND MEETINGS 01039 - 2 . ; ~ : __ J ~' Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 6. 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 01039 .c..;,"\ .Y (j) COORDINATION AND MEETINGS 01039 - 3 Howard R Green Company Project No. 728170-J PART 1 GENERAL 1.01 GENERAL FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01070 ABBREVIA liONS A. Wherever in these Specifications references are made to the standards, specifications, or other published data of the various international, national, regional, or local organizations, such organizations may be referred to by their acronym or abbreviation only. As a guide to the user of these Specifications, the following acronyms or abbreviations which may appear in these Specifications shall have the meanings indicated herein. 1.02 ABBREVIATIONS AAMA AASHTO AATCC ACI AFBMA AGA AGMA AI AlA AISC AISI AITC AMCA ANS ANSI APA API APWA ASA ASAE ASCE ASHRAE ASME ASQC ASSE ASTM AWPA ABBREVIATIONS Architectural Aluminum Manufacturer's Association American Association of State Highway and Transportation Officials American Association of Textile Chemists and Colorists American Concrete Institute Anti-Friction Bearing Manufacturer's Association, Inc. American Gas Association American Gear Manufacturers Association The Asphalt Institute American Institute of Architects American Institute of Steel Construction American Iron and Steel Institute American Institute of Timber Construction Air Moving and Conditioning Association American Nuclear Society American National Standards Institute, Inc. American Plywood Association American Petroleum Institute American Public Works Association Acoustical Society of America American Society of Agricultural Engineers American Society of Civil Engineers American SoCiety of Heating, Refrigerating, and Air Conditioning Engineers American Society of Mechanical Engineers American Society for Quality Control American Society of Sanitary Engineers American Society for Testing and Materials American Wood Preservers Association - , , , . .~ 1 - .~"./ ,.,.-...... C) CO 01070-1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa AWPI AWS AWWA BBC BHMA CBM CEMA CGA CMA CRSI EIA ETL EPA FM FPL HI IAPMO ICBO IEEE IES IME IP IPC ISA ISO ITE MBMA MPTA MSS NMMM NACE NBS NEC NEMA NFPA NFPA NLGI NMA NSF NWMA OSHA PCA PPI ABBREVIATIONS American Wood Preservers Institute American Welding Society American Water Works Association Basic Building Code, Building Officials and Code Administrators International , Builders Hardware Manufactureros Association Certified Ballast Manufacturers Conveyors Equipment Manufactureros Association Compressed Gas Association Concrete Masonry Association Concrete Reinforcing Steel Institute Electronic Industries Association Electrical Test Laboratories Environmental Protection Agency Factory Mutual System Forest Products Laboratory Hydronics Institute International Association of Plumbing and Mechanical Officials International Conference of Building Officials Institute of Electrical and Electronics Engineers Illuminating Engineering Society Institute of Makers of Explosives Institute of Petroleum (London) Institute of Printed Circuits Instrument Society of America International Organization for Standardization Institute of Traffic Engineers Metal Building Manufactureros Association Mechanical Power Transmission Association Manufacturing Standardization Society National Association of Architectural Metal Manufactureros National Association of Corrosion Engineers National Bureau of Standards National Electrical Code National Electrical Manufactureros Association National Fire Protection Association National Forest Products Association National Lubricating Grease Institute National Microfilm Association National Sanitation Foundation National Woodwork Manufacturers Association Occupational Safety and Health Administration Portland Cement Associatio"\lt'\,',! i'/\()! Plastics Pipe Institute I ';,~ ,'\ ".i il t.", ,~., .1! I C _ '"'l !" j"; .!. \..... ..: '........ r ~, , 1 j i .'~-j .. --1 01070 - 2 Howard R. Green Company Project No. 728170-J RCRA RVIA RWMA SAE SAMA SMA SMACCNA SPI SPIB SPR SSBC SSPC SSPWC UBC UL WCLlB WCRSI WEF WIC WRI WWPA PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used ABBREVIATIONS FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa Resource Conservation and Recovery Act "Recreational Vehicle Industry Association Resistance Welder ManufacturerDS Association Society of Automotive Engineers Scientific Apparatus Makers Association Screen Manufacturers Association Sheet Metal and Air Conditioning Contractors National Association Society of the Plastics Industry, Inc. Southern Pine Inspection Bureau Simplified Practice Recommendation Southern Standard Building Code, Southern Building Code Congress Steel Structures Painting Council Standard Specifications for Public Works Construction Uniform Building Code Underwriters Laboratories, Inc. West Coast Lumber Inspection Bureau Western Concrete Reinforcing Steel Institute Water Environment Federation Woodwork Institute of California Wire Reinforcement Institute, Inc. Western Wood Products Association .., _.~- y (,) ...0 END OF SECTION 01070 01070 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01090 REFERENCE STANDARDS PART 1 GENERAL ~ .' 1.01 GENERAL 'Y (>'"' W A. Titles of Sections and Paragraphs: Captions accompanying specification sections and paragraphs are for convenience of reference only, and do not form a part of the Specifications. B. Applicable Publications: Whenever in these Specifications references are made to published specifications, codes, standards, or other requirements, it shall be understood that wherever no date is specified, only the latest specifications, standards, or requirements of the respective issuing agencies which have been published as of the date that the Work is advertised for bids, shall apply; except to the extent that said standards or requirements may be in conflict with applicable laws, ordinances, or governing codes. No requirements set forth herein or shown on the Drawings shall be waived because of any provision of, or omission from, said standards or requirements. C. Specialists, Assignments: In certain instances, specification text requires (or implies) that specific work is to be assigned to specialists or expert entities, who must be engaged for the performance of that work. Such assignments shall be recognized as special requirements over which the Contractor has no choice or option. These requirements shall not be interpreted so as to conflict with the enforcement of building codes and similar regulations governing the Work; also they are not intended to interfere with local union jurisdiction settlements and similar conventions. Such assignments are intended to establish which party or entity involved in a specific unit of work is recognized as DexpertD for the indicated construction processes or operations. Nevertheless, the final responsibility for fulfillment of the entire set of contract requirements remains with the Contractor. 1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Without limiting the generality of other requirements of the Specifications, all work specifjed herein shall conform to or exceed the requirements of applicable codes and the applicable requirements of the following documents. 1. American Association of State Highway and Transportation Officials (AASHTO). 2. American Concrete Institute (ACI). 3. American Society for Testing Materials (ASTM). 4. Iowa Department of Transportation Standard Specifications (lOOT) and current Supplemental Specifications REFERENCE STANDARDS 01090 -1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 5. 6. 7. 8. 9. 10. 11. American National Standards Institute (ANSI). American Water Works Association (AWWA). American Welding Society (AWS). Federal Specifications (FS). National Electrical Safety Code (NESC). Iowa Occupational Safety and Health Act of 1972 (IOSHA). Manual of Accident Prevention in Construction by Associated General Contractors of America, Inc. (AGC). American Disabilities Act (ADA). , , Standards and Codes of the State of Iowa and the Ordinances of the City of Iowa City, Iowa. Other Standards and Codes which may be applicable to acceptable standards of the industry for equipment, materials, and installation under the contract. 12. 13. 14. B. In case of conflict between codes, reference standards, drawings and the other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the Engineer for clarification and directions prior to ordering or providing any materials or furnishing labor. The Contractor shall bid for the most stringent requirements. C. The Contractor shall construct the Work specified herein in accordance with the requirements of the Contract Documents and the referenced portions of those referenced codes, standards, and specifications listed herein. D. References herein to "OSHA Regulations for Construction" shall mean Title 29, Part 1926, Construction Safety and Health Regulations, Code of Federal Regulations (OSHA), including all changes and amendments thereto. E. References herein to "OSHA Standards" shall mean Title 29, Part 1910, Occupational Safety and Health Standards, Code of Federal Regulations (OSHA), including all changes and amendments thereto. 1.03 REGULATIONS RELATED TO HAZARDOUS MATERIALS A. The Contractor is responsible that all work included inthe Contract Documents, regardless if shown or not, shall comply with all EPA, OSHA, RCRA, NFPA, and any other Federal, State, and Local Regulations governing the storage and conveyance of hazardous materials, including petroleum products. B. Where no specific regulations exist, all chemical, hazardous, and petroleum product piping and storage in underground locations must be installed with double containment piping and tanks, or in separate concrete trenches and vaults, or with an approved lining which cannot be penetrated by the chemi~~"unless waived in writing by the Owner. ,i/ <;:':~),' '/'v"()! . J' ; 1-1/ ,I,; .; I:' . "1 r. '" I..) .... -,,1 REFERENCE STANDARDS 01090 - 2 \..... ~. J 1___1 ,-., Howard R. Green Company Project No. 728170-J PART 2 PRODUCTS Not Used PART 3 EXECUTION, Not Used REFERENCE STANDARDS FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa END OF SECTION 01090 -....' ~ .. -- .....,'.~. / -. .... C,) ")7 \.0 01090 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01300 SUBMITTALS PART 1 GENERAL 1.01 SUMMARY A. Submittal procedures. c.< B. Construction progress schedules. C. Proposed products list. D. Shop drawings. E. Product data. ~.~C, ,,~."..... .' .p (...) -.;:J F. Samples. G. Manufacturers' instructions. H. Manufacturers' certificates. 1.02 RELATED SECTIONS A. Section 01400 - Quality Control: Manufacturer's field services and reports. B. Section 01700 - Contract Closeout: Contract warranty and manufacturer's certificates closeout submittals. C. Section 01730- Operation and Maintenance Data 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. SUBMITTALS 01300 -1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 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. 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 CONSTRUCTION PROGRESS SCHEDULES A. Submitinitial progress schedule in duplicate within 15 days after date of Owner-Contractor Agreement for Engineer review. ,...-..... B. Revise and resubmit as required. C. Submit revised schedules with Application for Payment, identifying changes since previous version. D. Submit a horizontal bar chart with separate line for each major section of Work or operation, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. F. Indicate estimated percentage of completion for each item of Work at each submission. G. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates, including those furnished by Owner and under Allowances. " \-I' ",';' . F if \ i ! ... tj (j ::: 'i : '1 SUBMITTALS 01300 - 2 li_"j ~ , ~ Howard R. Green Company Project No. 728170-J " FY06 Cell Construction Iowa City Landfill and Recycling Center . ., Iowa City, Iowa t),~? 1.05 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. 1.06 SHOP DRAWINGS A. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Engineer. B. After review, reproduce and distribute in accordance with Article on Procedures above and for Record Documents described in Section 01700 - Contract Closeout. 1.07 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus two copies which will be retained by the Engineer. B. Mark each copi 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 described in Section 01700 - Contract Closeout. 1.08 SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. B. . Submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for Engineer's selection. C. Include identification on each sample, with full Project information. D. Submit two samples as specified in individual specification Sections; one of which will be retained by Engineer. E. Reviewed samples which may be used in the Work are indicated in individual specification - Sections. SUBMITTALS 01300 - 3 ,- Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 1.09 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.10 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not used END OF SECTION 01300 \.- (', f ,~.... l I, "// >." _', (-".1 i",..'1 \1 .-. t'1;:!i'""'; r:_' I, ",. \..' SUBMITTALS 01300 - 4 '- .; __; I, __,J e: I .2'~ Ula> ci t30 z ,~~ iG i)c ~ ::: a:: 0 ~Gl 'E 0= -e: ~~ Ul g.2 -: c: .s= .. ""a! 0 ... 3:E en ~ 0 Z Z Z ~-c 0 0 Ell)..... e: e: .oce: 0 Gi 0 i= ::>~- ~ :g 0 U).a '- e: 4>.,0 ..c ~ Gl <( a::a::LL .C en en . in ~ 0 0 Ul W Gl !::: CIltiiQ 0:: :I: a::a::LL 0 0:: :!!; -E Ul 0 0 it: () w z w t5 z "C ~ (3 .!! Ul 0 :::> C Z z ro Ul 0 W ., ~ () m en m Gl "C"C E >. ro .. G) Q) Gl g,t~ 0::: m 0 ;>> 0 en m4>" Z f- :;a::a:: 4> !!. () ..J .0 w ~ .0 ~ t: .. ~' <( 0 I ., () ::> Z () t:: ~ 1ija::a:: en 0::: ii5 ~ c - ~ oi= en - z.. D:: en ..0 z oa! w : a>~ w .~ e: ~ eo z o...() (5 Z .".'''' I- w - -' C) -.'..... .- .",..-"" Z .'. / ., O' ~ <(C,.__ c-- Gl )7 0: ~ "" i= C D- o::: 0 0 I-- () J: ~ en 1--...; ZO O~ ..J ()c ~ CD 0 > 0 CD CD :iE = .c. CD" Ul ~o Z ~ ~ ci a; ~ ~oz e: 0 Ul e: I-- CD a! oE I/) "tJ~ it: I--$! 0 .ell ()e: WO I-- a! t:~ 0 0 ~ IO Gi ()ui I-- 0::= Z ;;; <(a! 0 t5 ii::G> 0 ~ w~ :::> WO e: ZUl a! ~ -Ul elCD Ul zs ~ wo m ci CD >.~ E z .o~ E UlO CD ci Clo 0::: a! rn ...; Z e: rn ::"""CD 0:: 0::: 0::: .~ 5 :g .g 0 0 0 a! ~ <(8 I-- I-- I-- -c~ () () () gs _Gl ~ ~ ~ ~~ Ul -g~ Ul "0 e: .0 I-- I-- I-- CD "0 a> .2 ,gc6 :::> Z Z Z -c :i::5 CD :; Ul 0 0 0 >.0 > CD~ Gl "0 >. .0 :::> . () () () <( m e:e: .ij .c ;=.3 eno 0:: ~~ 0 in z a> o Ul 0:: 15 '0'0 e: ~ CD Gl Gl CD ~ ,gE ro ro "e-[ CD Z 00 0 0 0...0... <(J:: U') Ol N .... M 0:: .... o o M () en Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01400 QUALITY CONTROL PART1 GENERAL r; \:~~.~ \ \ 1.01 SECTION INCLUDES '- A. Quality assurance and control of installation. B. References. - -",. ~..."~ ." ").7 c:' \,.;;) C. Field samples. D. Inspection and testing laboratory services. E. Manufacturers' field services and reports. 1.02 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. F. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. 1.03 REFERENCES A. Conform to reference standard by date of issue current on date for receiving bids or date of Owner-Contractor Agreement when there are no Bids. QUALITY CONTROL 01400 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 1.04 FIELD SAMPLES A. Install field samples at the site as required by individual specifications Sections for review. B. Acceptable samples represent a quality level for the Work. C. Where field sample is specified in individual Sections to be removed, clear area after field sample has been accepted by Engineer. 1.05 INSPECTION AND TESTING LABORATORY SERVICES A. Except as noted in 1.05 F, G, and H below, in association with construction of the compacted clay liner, the Contractor will appoint and employ services of an independent firm to perform tests and other services specified in individual specification sections and as required by the Engineer. B. The independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required by the Engineer. I~.- . C. Reports will be submitted by the independent firm to the Engineer, in duplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage and assistance as requested. 1. Notify Engineer and independent firm 24 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. r- E. Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Engineer. Payment for retesting will be charged to the Contractor by deducting inspection or testing charges from the Contract Sum. F. The Owner will employ and pay for services of the testing laboratory for tests required to show compliance with the specifications for the compacted clay liner. Test results shall be submitted directly to the Owner/Engineer. Test results will be made available to the Contractor. G. The Owner will determine moisture density relations of soils encountered during construction in accordance with the Standard Proctor method, and will provide a graph of Proctor soil density versus water content for'v~,~,SOjl ,type,e,~.i~~,~ntered. \. ' iil , " ,- t'1 ,1:1 : ; 1, I (' QUALITY CONTROL 01400 - 2 "- , ' ii_oj i' Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa H. The Owner will test the clay liner fill soil density and moisture content a minimum of one test per eight-inch (8") lift per acre. If the clay liner or liner sub-grade fail density tests, the Contractor will be required to rework the liner or sub-grade. The Owner will retest until the specified density is obtained. The cost of all re-testing will be borne by the Contractor. I. Borrow site soil sample analysis by Terracon Consultants Inc. is bound in this document for the Contractor( s)' information 1.06 MANUFACTURERS' FIELD SERVICES AND REPORTS A. When specified in individual specification Sections, require material or Product ::;uppliers or manufacturers to provide qualified service representatives to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust, and balance of equipment, and to initiate instructions when necessary. B. Individuals to report observations and site decisions or instructions given by Manufacturer's Service Representatives to applicators or installers that are supplemental or contrary to manufacturers' written instructions. C. Submit report in duplicate within 30 days of observation to Engineer for review. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used / " 3--:; .' .. ""'~ ' '-J END OF SECTION 01400 QUALITY CONTROL 01400 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heat, ventilation, telephone service, water, and sanitary facilities. B. Temporary Controls: Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities: Access roads, parking, progress cleaning, project signage. and temporary buildings. 1.02 TEMPORARY ELECTRICITY A. ' Provide and pay for power service required from Utility source. 1.03 TEMPORARY HEAT A. Provide and pay for heat devices and heat as required to maintain specified conditions for construction operations. 1.04 TELEPHONE SERVICE A. Provide, maintain and pay for telephone service to field office at time of project mobilization. Cellular phone service is acceptable. 1.05 TEMPORARY WATER SERVICE ?:~ ~:.~, , A. Make suitable arrangements for temporary water service at Contractor's~r:rense if water is needed for construction or testing. ,- 1.06 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. r,,~::, CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 1 ,....., Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 1- 1.07 WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. '--.J 1.08 TRAFFIC CONTROL A. Provide temporary traffic control as defined in Supplementary Conditions Section S- 26. 1.09 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification Sections. 1.10 ACCESS ROADS 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. 1.11 PROGRESS CLEANING L.. .' A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. L.. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used ~ 1 END OF SECTION 01500 \_/'" t. ,~",f J. 1 Vi, \ !' I , " ""I f ',i\ ~ 1 , 1 1~_.1 t".\, ." , I'. ~ j j, c _ ....... I"" : li i _...,.~ CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS "- -: ~. ,.. - , , , ' 'i i ; __..j 01500 - 2 ,.., L-- Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01600 MATERIAL AND EQUIPMENT PART 1 GENERAL SECTION INCLUDES 1.01 A. B. C. D. E. 1.02 A. B. -. '- 1.03 A. Products. Transportation and handling. Storage and protection. y~ \-> Product options. Substitutions. RELATED SECTIONS Instructions to Bidders: Article 7 - Substitutions "Or Equal" Items. Section 01400 - Quality Control: Product quality monitoring. PRODUCTS 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 for reuse. 1.04 TRANSPORTATION AND HANDLING A. Transport and handle products in accordance with manufacturer's instructions. B. Promptly inspect shipments to assure that- products comply with requirements, quantities are correct, and products are undamaged. C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. MATERIAL AND EQUIPMENT 01600 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa L__l 1.05 STORAGE AND PROTECTION A. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather-tight, climate controlled enclosures. B. For exterior storage of fabricated products, place on sloped supports, above ground. r- C. Provide off-site storage and protection when site does not permit on-site storage or protection. D. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. 1.06 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. I B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. r-- C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. - '-' 1.06 SUBSTITUTIONS A. Instructions to Bidders specify time restrictions for submitting requests for Substitutions during the bidding period to requirements specified in this Section. B. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. C. Document each request with complete data substantiating compliance of proposed ' . Substitution with Contract Documents. D. A request constitutes a representation that the Contractor: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the Substitution as for the specified product. 3. Will coordinate installation and make changes to other Work which may be required for the Work to be complete with no additional cost to Owner. \"""" ~-f 1, (, I '" j I "i \\.._) t \ ',/'" '\(', ,I \ jl iJ \\....1 I' ... ' I I ' Hi (', t. ~1 : I ' " , - MATERIAL AND EQUIPMENT 01600 - 2 ,- ] '.......J Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 4. Waives claims for additional costs or time extension which may subsequently become apparent. 5. Will reimburse Owner for review or redesign services associated with re-approval by authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit three copies of request for Substitution for consideration. Limit each request to one proposed Substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. 3. The Engineer will notify Contractor, in writing, of decision to accept or reject request. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01600 .' ....J.'> r -. \._-:J MATERIAL AND EQUIPMENT 01600 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01650 STARTING OF SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES ,r--', A. Starting systems. B. Demonstration and instructions. C. Demonstration and instructions. .~':.'7 /' -.;.) 1.02 RELATED SECTIONS A. Section 01400 - Quality Control: Manufacturers' field reports. B. Section 01700 - Contract Closeout: System operation and maintenance data and extra materials. 1.03 STARTING SYSTEMS A. Coordinate schedule for start-up of various equipment and systems. B. Notify Engineer seven days prior to start-up of each item. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. D. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify wiring and support components for equipment are complete and tested. F. Execute start-up under supervision of responsible manufacturer's representative in accordance with manufacturers' instructions. G. When specified in individual specification Sections, require manufacturer to provide authorized representative to be present at site to inspect, check and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation. STARTING OF SYSTEMS 01650 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa H. Submit a written report in accordance with Section 01400 that equipment or system has been properly installed and is functioning correctly, if required in individual specification. I. Perform subsequent testing, adjusting, and balancing of equipment and systems as required to provide operation according to the manufacturer's recommendations and the Contract Documents. 1.04 DEMONSTRATION AND INSTRUCTIONS A. Demonstrate operation and maintenance of Products to Owner's personnel prior to date of Substantial Completion. 1. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owners' personnel in detail to explain all aspects of operation and maintenance. 2. Demonstrate start-up, operation, control, adjustment, trouble-shooting, servicing, maintenance, and shutdown of each item of equipment. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01650 ~, ~. \--1'" ,0, '/VI\\,,) '-- II ! ~ 8 I) : II :~'Sl L - '-I~,' 1;",1. '-- STARTING OF SYSTEMS 01650 - 2 i: I t.__.,; Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL /.--.... 1.01 SUMMARY A. Section Includes: 1. Closeout procedures. 2. Project record documents. 3. Spare parts and maintenance materials. -)>"1' ....0 1.02 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. D. Submit Contractor's Statement listing all Iowa sales/use taxes, waivers of liens from all Subcontractors and suppliers, and other items required by the Contract Documents. 1.03 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the contract. 5. Reviewed shop drawings, product data, and samples. 6. Results of all field tests. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. CONTRACT CLOSEOUT 01700 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa D. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 3. Field changes of dimension and detail. 4. Details not on original Contract Drawings. E. Submit documents to Engineer prior to claim for final Application for Payment. 1.04 SPARE PARTS AND MAINTENANCE MATERIALS ;-; f A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to Owner prior to substantial completion. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01700 1,../' 1,"-' vj'i It,_' , i\ ,.."-,1 / V \1,--/' I \. !~. --, ! I :') 811 :11 [ i.: ._ I,' CONTRACT CLOSEOUT 01700 - 2 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recyclin!l Center 'i~wa City, .Iowa "\ , PART1 GENERAL SUMMARY 1.01 A. ~ 1.02 A. 1.03 A. SECTION 01710 CLEANING -."-."* /" ..P Section Includes: 1. Cleaning during the progress at the completion of the Work as required by General Conditions: DISPOSAL REQUIREMENTS Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. RESPONSIBILITIES AND COORDINATION BETWEEN PRIME CONTRACTORS Contractor responsible for cleaning his own installed materials and equipment, both during and at the completion of construction. Each Contractor is responsible for removing and disposing waste, rubbish, and debris to the active landfill working face. B. If the Contractor fails to clean exposed surfaces and/or remove debris from site, the Owner may clean up and charge the cost to the Contractor responsible as the Owner determines to be just. PART 2 PRODUCTS 2.01 MATERIALS CLEANING A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleanir;Jg material manufacturer. 01710 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa '-. PART 3 EXECUTION 3.01 DURING CONSTRUCTION A. Execute periodic cleaning to keep the work, the site, and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. B. Remove waste materials, debris, and rubbish from the site periodically and dispose of at the current landfill tipping face. 3.02 FINAL CLEANING -'~ i A. In addition to the requirements for clean-up as specified in the General Conditions, the Contractor shall remove to the Owner's satisfaction, all asphalt or concrete spilled on or around the buildings. Dispose of all rubbish and debris from the site at the current landfill tipping face. B. Employ skilled workmen for final cleaning. C. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from sight-exposed interior and exterior surfaces. 1.-' D. Prior to final completion, or Owner occupancy, the Contractor shall conduct an inspection of sight-exposed interior and exterior surfaces, and all work areas, to verify that the entire work is clean. :"--' t_ END OF SECTION 01710 -", l_ ~ CLEANING 01710 - 2 .-. Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 01730 OPERATION AND MAINTENANCE DATA ( PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Submittals. 2. Quality Assurance. 3. Content of Manual. 4. Manual for Equipment and System$. 5. Instruction of Owner's Personnel. , ',; , /" ....:J 1.02 SUBMITTALS A. Prepare data in form of an instructional manual for use by OWNER's personnel. B. Format: 1. Size 8-1/2" x 11". 2. Paper: 20 lb. minimum, white, for typed pages. 3. Test: Manufacturer's printed data, or neatly typewritten. 4. Drawings: a. Provide reinforced punched binder tab, bind in with text. b. Fold larger Drawings to size of text pages. 5. Provide fly-leaf for each separate product. or each piece of operating equipment. a. Provide typed description of product, and major component parts of equipment. b. Provide indexed tabs. 6. Cover: Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS." List: a. Title of Project. b. Identity of separate structure as applicable. c. Identity of general subject matter covered in manual. 7. Binders: ' a. Commercial quality 3-ring binders with durable and cleanable plastic covers. b. Maximum ring size: 3". c. When multiple binders are used, correlate data into related consistent groupings. C. Submittal Schedule: 1. Submit two copies of preliminary draft of Submittal Schedules prior to start of work. ENGINEER will review draft and return one copy with comments. --- OPERATION AND MAINTENANCE DATA 01730 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa '-' 2. Submit one copy of completed data in final form 45 days prior to final inspection or acceptance. Copy will be returned after final inspection or acceptance, with comments. 3. Submit three copies of approved data in final form prior to final inspection or acceptance. 1.03 QUALITY ASSURANCE A. Preparation of data shall be done by personnel: 1. Trained and experienced in maintenance and operation of described products. 2. Familiar with requirements of this section. - 3. Skilled as technical writers to extent required to communicate essential data. 4. Skilled as draftsmen competent to prepare required drawings. 1.04 CONTENT OF MANUAL A. Neatly typewritten table of contents for each volume, arranged in systematic order. 1. CONTRACTOR, name of responsible principal, address, and telephone number. 2. List of each product required to be included, indexed to content of volume. 3. List, with each product, name, address, and telephone number of: a. Subcontractor or installer. b. Maintenance contractor, as appropriate. c. Identify area of responsibility of each. d. Local source of supply for parts and replacement and list of recommended spare parts. 4. Identify each product by product name and other identifying symbols as set forth in Contract documents, including nameplate information and shop order numbers for each item of equipment furnished. B. Product data: 1. Include only those sheets which are pertinent to specific product. 2. Annotate each sheet to: a. Clearly identify specific product or part installed. b. Clearly identify data applicable to installation. c. Delete references t6 inapplicable information. 'C. Drawings: 1. Supplement product data with Drawings as necessary to clearly illustrate: a. Relations of component parts of equipment arid systems. b. ' Control and flow diagrams. 2. Coordinate Drawings with information in Project record documents to assure correct illustration of completed installation. 3. Do not use Project record documents as main~f,~,~~e :R~~~i~'D\ \,-\'-J ",,--, l" '. . ! I , I' >, U ~ t . ~ · , ,~ .., , ,I n'" I ~, OPERATION AND MAINTENANCE DATA ".~ \ \ I, 01730 - 2 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa 'City Landfill and Recycling Center Iowa City, Iowa D. Written text, as required to supplement product data for particular installation. 1. Organize in consistent format under separate headings for different procedures. 2. Provide logical sequence of instructions for each procedure. E. Copy of each warranty, Bond, and service contract issued. Provide information sheet for OWNER's personnel, giving: 1. Proper procedures in event of failure. 2. Instances which might affect validity of warranties or Bonds. 1.05 MANUAL FOR EQUIPMENT AND SYSTEMS A Submit three copies of complete Operation and Maintenance manual in final form. B. Contents, for each unit of equipment and system, as appropriate: 1. Description of unit and component parts: a. Function, normal operating characteristics, and limiting conditions. b. Performance curves, engineering data, and tests. c. Complete nomenclature and commercial number of replaceable parts. 2. Operating procedures: a. Startup, break-in, routine, and normal operating instructions. :.' b. Regulations, control, stopping, shutdown, and emergency instructions. c. Summer and winter operating instructions. d. Special operating instructions. 3. Maintenance procedures: a. Routine operations. b. Guide to "trouble-shooting." c. Disassembly, repair, and reassembly. d. Alignment, adjusting, and checking. Servicing and lubrication schedule; List of lubricants required. Manufacturer's printed operating and maintenance instructions. Description of sequence of operation by control manufacturer. Original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. a. Predicted life of parts subject to wear. b. Items recommended to be stocked as spare parts. 8. As-installed control diagrams by controls manufacturer. 9. Each contractor's coordination Drawings. As-installed color coded piping diagrams. 10. Chart of valve tag numbers, with location and function of each valve. 11 . List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage. 12. Other data as required under pertinent sections of specifications. y ~,. o 4. 5. 6. 7. OPERATION AND MAINTENANCE DATA 01730 - 3 r- Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa C. Content, for each electrical and electronic system, as appropriate. 1. Description of system and component parts: a. Function, normal operating characteristics, and limiting conditions. b., Performance curves, engineering data, and tests. c. Complete nomenclature and commercial number of replacement parts. 2. Circuit directories of panel boards: a. Electrical service. b. Controls. c. Communications. 3. As-installed color coded wiring diagrams. 4. Operating procedures: a. Routine and normal operating instructions. b. Sequences required. c. Special operating instructions. 5.- Maintenance procedures: a. Routine operations. b. Guide to "trouble-shooting". c. Disassembly, repair, and assembly. d. Adjustment and checking. 6. Manufacturer's printed operating and maintenance instructions. 7. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage. 8. Other data as required under pertinent sections of specifications. I L- ~-' D. Prepare and include additional data when need for such data becomes apparent during instruction of OWNER's personnel. E. Additional requirements for operating and maintenance data: Respective sections of specifications. F. Provide complete information for products specified in: Section 11350 Roughing Filter Media System. 1.06 INSTRUCTION OF OWNER'S PERSONNEL A. Prior to final inspection or acceptance, fully instruct OWNER's designated operating and maintenance personnel in operation, adjustment and maintenance of products, equipment and systems. B. Manual for equipment and systems shall constitute basis of instruction. Review contents of manual with personnel in full detail to explain all aspects of operations and maintenance. \..../ ~_}, Ir1: j '.:, ~ v I, \"_I! ,\, '" \', ,1--". , " , ' ! ("'j " (' I' . I II "} l" i . I ... ~ ~,:., OPERATION AND MAINTENANCE DATA 01730 - 4 : ; --~.1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01730 ,,0-,... ;.v' c> OPERATION AND MAINTENANCE DATA 01730 - 5 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa C.ity, Iowa SECTION 02220 EXCAVATION, BACKFILLING & COMPACTION ~' PART1 GENERAL 1.01 SUMMARY ..:;) ""7 A. Section includes specific excavation and backfilling, and grading for structures, to include: 1. Landfill cell construction. 2. Dewatering, sheeting, steel sheet pile, shoring and bracing, and associated work. 3. Importing fill materials. 4. Disposal of excess or unsatisfactory materials. 5. Underground obstructions. B. Measurement and Payment 1. If quantity of following item is changed from that required by Contract Documents, Contract Sum will be adjusted on basis of unit adjustment price set forth in Form of Bid. a. Structural Excavation, cubic yard (CY): Unit adjustment price includes all costs in connection with removal of material; obtaining, placing and compacting structural fill as specified; dewatering; sheeting, shoring, and bracing; disposal of excavated material as specified; grading; and all other incidental work. Cubic yards of structural excavation defined as volume of earth in its original space within neat lines of foundations and footing projections. b. Unit adjustment price will apply to excavation for new structures not included in Contract or directed removal of unsuitable material below soil-supported foundations. Other structural excavation shall be included in Base Proposal Sum. c. Excavation for Landfill Cell: This work shall include all excavation from the existing ground surface down to the top of the proposed compacted clay liner, and excavation for borrow where so ordered; excavation for shoulders, slopes, open channel ditches, intersections, approaches, and private entrances or driveways, all in conformity with alignment grades and prescribed cross- sections above the finish grade; and removal and disposal of all materials, except materials or items for which direct payment is otherwise provided. This work shall include all cutting, filling, grading and finish grading, backfilling, compaction, and related work as specified herein. d. Compacted clay liner: This work shall include all excavation and re- compaction for the proposed 5-feet thick compacted claycliner, including all necessary excavation and re-compaction to replace areas where sand seams or other unsuitable materials are encountered. EXCAVATION, BACKFILLING & COMPACTION 02220 --1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa l_' 1.02 REFERENCES A. ASTM D1556 - Density of Soil in Place by the Sand-Cone Method. B. ASTM D 1557 - Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 10 Ib (4.54 kg) Rammer and 18 inch (454 mm) Drop. ~' C. ASTM D2167 - Density of Soil in Place by the Rubber-Balloon Method. D. ASTM D2922 - Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth ). E. ANSI/ASTM 0698 - Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.51b (2.49 Kg) Rammer and 12 inch (304.8 mm) Drop. F. Iowa Department of Transportation "Standard Specifications for Highway and Bridge Construction," latest edition and current supplements thereto. 1.03 DEFINITIONS A. Excavation Classification of Materials 1. Earth. All materials not classified as rock or rubble, includes: Clay, silt, sand, gravel, hardpan, disintegrated shale and rock debris, junk, brick,loose stones, and boulders less than 1/3 cubic yards (0.25 cu.m.) in volume. 2. Rock. Buried boulders larger than 1/3 cubic yards (0.25 cu.m.) in volume or materials so hard and dense that continuous loosening by pneumatic tools or blasting is required for removal. 3; Rubble. Buried concrete foundations, beams, walls, and other materials which require continuous use of pneumatic tools or blasting. 1.04 SUBMITTALS A. Submit under provisions of Section 01300. 1.05 QUALITY ASSURANCE A. The Contractor shall employ and pay for services of the independent testing laboratory for tests required to show compliance with the specifications. Test results shall be submitted directly to the Owner/Engineer. Selection of the testing laboratory is subject to approval of , the Owner/Engineer. B. Determine moisture density relations of soils encountered during construction in accordance with Standard Proctor Method. Provide gra~,9f{'P;foct~r~5;oUi~~('j1ity versus water content for all backfill material. See Section 01400, tte'iti It;06f\: i'" ,. " I "/"' C. Reference to percent maximum density shall mean a so~ 9~ensitv.rotl~s"$~~Q~,~ tt,le stated v I . II ",i ~' "",,,,'" r L EXCAVATION, BACKFILLING & COMPACTION 02220 - 2 :- , L___ '\ Howard R. Green Company Project No. 728170-J ! , I.' P i, ! 0 FY06 Cell Construction Iowa City landfill and Recycling Center Iowa City, Iowa percentage of maximum density for's~U:~s determined by ASTM D698, Moisture Density Relations of Soils Standard Proctor Method. 1.06 PROJECT/SITE CONDITIONS A. Field Measurements. Verify that survey benchmark and intended elevations for the Work are as shown on Dr~wings. B. Stockpiling Excess Materials. Remove excess topsoil and excavated material suitable for liner construction excess material as shown on the drawings. C. Waste Materials. Remove brush, rubbish, spoil, and material not suitable for backfill and dispose of at the active landfill working face. Coordinate activities with landfill personnel. 1. Remove waste material promptly as it is generated by construction operations; do not permit to accumulate. See also "Cleanup," this Section. 2. Grade disposal areas periodically to reasonably neat surface to provide for drainage and access by others. 3. Haul routes: a. Determine haul roads with approval of agency having jurisdiction over proposed roadway. b. Make condition survey of haul roads prior to use and document with necessary photographs and written descriptions. c. Keep reasonably free from debris from construction operations. d. Clean a minimum of twice a week. e. Repair any damaged haul routes to match existing conditions before use. D. Existing Utilities 1. Before starting operations in any area in the vicinity of utility facilities, the Contractor shall notify each utility of any operation which may affect their facilities. Such notice shall be provided to each utility sufficiently in advance of such operations to allow the utility time to mark the location of, relocate, adjust, or otherwise protect their facilities. The Contractor shall reach an agreement with each utility on appropriate action necessary to protect or relocate the utility facilities. The cost of such action to protect the facilities, except for locates, shall be borne by the Contractor. The One- Call System (Iowa: 1-800-292-8989) shall be utilized for locates for those utilities which subscribe to this service. 2. 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 work near utility facilities. EXCAVATION, BACKFILLING & COMPACTION 02220 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 3. Should the Contractor damage any of the utility facilities during Contractor's operations or determine the work cannot be performed safely, the Contractor shall immediately notify the utility involved and cease work until arrangements are made to prevent further damage or a serious accident. Any and all damage, including disruption of service, to any utility facility resulting from Contractor's operation will be repaired by the utilitY; the cost of said repairs and service disruption shall be borne by the Contractor. 4. Failure of the Contractor to provide timely notice to the utility or to conduct his operations in such manner that proper clearances are maintained and the utility facilities are protected at all times will be ground for the issuance of a Stop Work Order. 5. Notify Engineer of unexpected subsurface conditions and discontinue work in area until Engineer provides notification to resume work. E. Project Record Documents 1. Accurately record actual locations of utilities remaining, by horizontal dimensions, elevations or inverts, and slope gradients. F. Regulatory Requirements 1. Conform to applicable city, county, state and federal codes for disposal of debris, and use of herbicides. PART 2 PRODUCTS 2.01 EXCAVATION CLASSIFICATION OF MATERIALS A. Earth. All materials not classified as rock or rubble, includes: Clay, silt, sand, gravel, hardpan, disintegrated shale and rock debris, junk, brick, loose stones, and boulders less than 1/3 cubic yards (0.25 cu m) in volume. B. Rock. Buried boulders larger than 1/3 cubic yards (0.25 cum) in volume or materials so hard and dense that continuous loosening by pneumatic tools or blasting is required for removal. C. Rubble. Buried concrete foundations, beams, walls, and other materials which require continuous use of pneumatic tools or blasting. D. Construction and Demolition (C&D) Waste see Section 02781. ~l//\f,:'~,-') ~ i\/\(~)! \. I' k-\; 8"J : i I "'J ~ ,"'" n "1 EXCAVATION, BACKFILLING & COMPACTION 02220 - 4 '--- ...... Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 2.02 TOPSOIL A. Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, taken from drained site; free of roots, rocks larger than 1 inch (25 mm), subsoil, debris, and large weeds, clay or impurities, plants; pH value of minimum 5.4 and maximum 7.0. 2.03 CRUSHED STONE BASE A. Material: Crushed stone shall be limestone, dolomite, or quartzite. 1. The abrasion loss, as determined by MSHTO T96, Method C, shall not exceed 45. When particles retained on the NO.4 sieve are subjected to freezing and thawing, Iowa DOT Materials Laboratory Test Method 211, Method C, the loss shall not exceed 10 percent. The aggregate shall have a nominal maximum size of 3 inches, and retained on a 314-inch screen. 2.04 COMPACTED FILL A. Excavated material, graded, free of lumps larger than 6 inches (150 mm), rocks larger than 3 inches (75 mm), and debris. 2.05 ACCESSORIES A. Filter Fabric: Manufacturer's standard nonwoven pervious geotextile fabric of polypropylene, nylon or polyester fibers, or a combination. 1. Provide filter fabrics that meet or exceed the listed minimum physical properties determined according to ASTM D 4759 and the referenced standard test method in parentheses: a. Grab Tensile Strength (ASTM D 4632): 1001bs. b. Apparent Opening Size (ASTM D 4751): #100 U.S. Standardsiey-e. c. Permeability (ASTM D 4491): 150 gallons per minute per sq.ft.. PART 3 EXECUTION 3.01 EXAMINATION ./ j.; A. Verify that survey benchmark and intended elevations for the work are as indicateft. EXCAVATION, BACKFILLING & COMPACTION 02220 - 5 -, Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City,lowa ,-..., 3.02 PREPARATION A. Excavate as required for construction work. B. Identify required lines, levels, contours, and datum. C. Identify known underground, above ground; and aerial utilities. Stake and flag locations. D. Notify the gas, electric, telephone, cable, water, sanitary storm and other utility companies prior to any excavation in the site area. E. Protect plant life, lawns, and other features remaining as a portion of final landscaping. '-- F. Protect benchmarks, existing structures, fences, and landfill structures from excavation equipment and vehicular traffic. ,:..- G. Use special care when excavating under and around existing facilities. Support existing facilities and earth under facilities to prevent settlement resulting from construction operations. H. Grade top perimeter of excavation to prevent surface water from draining into excavation. I. Remove lumped subsoil, boulders and rock up to 1/3 CY (0.25 cu m) measured by volume. Larger material will be removed in accordance with Section 02221. J. Correct unauthorized excavation at no extra cost to Owner. 3.03 TOPSOIL EXCAVATION r~\ A. Excavate topsoil from areas to be further excavated or re-graded. B. Stockpile in area designated on site or in areas to be used for revegetation. Spread excess topsoil on top of stockpile area and road side slopes after design grade has been met. i '--.:' C. Do not excavate wet topsoil. 3.04 SUBSOIL EXCAVATION A. Excavate subsoil from areas to be further excavated or regraded. , , '-- B. Stockpile in area designated on site. v/~ '''~.'i\i\()t : 1 (''''~) 'j r- , r~l . 1 l !, ~l (, . '11 <, {' '- :...,; -- EXCAVATION, BACKFILLING & COMPACTION 02220 - 6 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 3.05 ROCK EXCAVATION A. Rock excavation is defined as rock requiring the use of pneumatic tools or explosives for removal. B. When the material can be excavated by means other than pneumatic tools or explosives, such as a ripper, this excavation shall be considered as earth excavation and, as such, payment shall not be made for rock excavation. C. When rock is encountered, the Contractor shall excavate and haul all rock to an approved site available to the Contractor at no additional cost to the Owner. D. The cost for rock excavation hauling and disposal shall be included in the unit price as shown on Form of Proposal. , Base bid price shall include rock removal as shown on plans for softeners, recarb tanks, Clarifiers, lime silos, soda ash tank, and the aerator head tank. E. Excavate to provide pipe-bedding cushion for pipeline structures and appurtenances in accordance with Section 3.2. F. Remove and dispose of excavated rock not suitable for backfill; disposal is incidental to cost of rock excavation. G. Trench bottoms carried below required elevation - replace with pipe bedding at no additional expense to Owner. H. Where excavation is to receive concrete, the excavation shall be to the design lines and grades shown and in the event excavation is outside such lines and grades, the areas of excess excavation shall be filled with concrete at no added expense to the Owner. I. In excavating rock, the Engineer shall be notified so that rock quantities mci~:be measured and cross-sectioned. Rock excavated or blasted before such measurernenfwill hot be allowed. 3.06 RUBBLE EXCAVATION A. Removal: As specified for rock. " .- B. Remove and dispose of excavated rubble not suitable for backfill; disposal ?s'incide~1 to cost of rubble excavation. C. Trench bottoms carried below required elevation: Replace with pipe bedding at no additional expense to Owner. EXCAVATION, BACKFILLING & COMPACTION 02220 - 7 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa r--. ,~ 3.07 EXCAVATION FOR LANDFILL CELL A. The estimated quantity for excavation for the proposed landfill cell is based on the displacement excavation to the top of the clay liner, and does not include the excavation for the 5-feet thick clay liner itself. Also, it does not include the excavation of the C&D waste, and associated soil. Unless changes occur in the scope or extent of grading because of design modifications, payment for excavation for the cell will be made on the basis of plan quantity. B. All holes resulting from operations of the Contractor, including removal of posts, utility poles, or foundation studies, shall be filled and consolidated to finished grade as directed by the Engineer to prevent future settlement. The voids shall be filled as soon as practical, preferably the day created and not later than the following day. Any portion of the right-of- way or project limits disturbed by any such operations shall be restored to an acceptable condition. This operation shall be considered incidental to other bid items in project. c- ' L-e '-- C. The Contractor shall apply necessary moisture to the construction area and haul roads to prevent the spread of dust. Following excavation and grading on this project the Contractor shall be responsible for disposing of excess material off the project. D. The bid item for excavation and grading shall also include stockpiling and grading as shown on the plans. E. In the event any unsuitable bearing material is encountered at design depth, this condition shall be called to the attention of the Owner, or his representative, by the Contractor and a determination will be made prior to continuance. In the event over-excavation and special backfill are required, the Contractor shall proceed as instructed by the Owner, or his representative. If unsuitable bearing subgrade conditions were caused by the Contractors operations at the site, then the cost of reestablishing suitable bearing conditions shall be at the expense of the Contractor and as directed by the Owner, or his representative. If unsuitable bearing conditions are a natural occurrence the extra cost shall be paid by the Owner. --, I I "...,..-.-J F. Strip grass and vegetation from entire construction area and dispose of at landfill or stockpile on site, at a location secured by the Contractor. G. Remove topsoil to minimum depth of eight inches (8') and stockpile for reuse to finish earth surfaces. Topsoil shall be transported and stockpiled by the Contractor. ..... H. Provide temporary drainage facilities to prevent damage when necessary to interrupt natural drainage or flow of artificial drains. \" I' I '; i\/\(~I! SJ:) ;; ~ ;,~'J (: --" EXCAVATION, BACKFILLING & COMPACTION 02220 - 8 "'-- ,~, ~ ; -_...: ,..---." Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 3.08 FILL AND BACKFILL FOR STRUCTURES A. Backfill voids resulting from demolition and excavation to obtain grade required around structures. B. Backfilling around structures: 1. Backfill after concrete has attained sufficient strength to withstand backfill pressures without detrimental effects. 2. Prevent displacement of construction during backfilling operations; backfill opposite sides simultaneously. C. Fill to elevations or grades shown and required for drainage. Maintain surface and slopes for drainage during operations. D. Placement: 1. Maintain surfaces free of water, debris, and excessively wet, frozen, and other deleterious materials. 2. Place backfill and fill materials in successive horizontal layers not more than 8" (200 mm) in loose depth. 3. Place materials at proper moisture content for obtaining densities as specified. Generally maintain within 2% of optimum. 4. Material too dry or too wet to compact properly shall be moistened or aerated to extent necessary to produce desired results. E. Compaction: 1. Compact structural fill below foundation and floor slabs from bedrock to elevation 714 to at least 98% modified proctor density, ASTM 015557. 2. Compact structural fill beneath and within 10 ft. (3 m) of sidewalks, drives, and parking areas to at least 92% of maximum density as determined by ASTM 01557. 3. Compact structural fill in other areas to at least 88% of maximum density as determined by ASTM 01557. 4. Sampling and testing shall be performed in each layer of fill and backfill placed to confirm adequacy of compaction. 5. Pneumatic tired rollers or heavy vibratory compactors shall not be u~~ within 6 ft. (2 m) of structure, walls, pipes, or other construction which might be':da.rnaged, by compaction equipment. - ....'...... .....} j;. Q EXCAVATION, BACKFILLING & COMPACTION 02220 - 9 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 3.09 EMBANKMENT CONSTRUCTION A. Prepare site, place, and compact excavated materials to required elevation and cross section. '-~ B. Scarify, disc, and roll foundation areas as necessary to provide proper bond with first layer of new fill. C. If soft or yielding materials are encountered, remove unstable materials and replace with suitable materials and compact. D. Place no roots, brush, grass, or other organic material in embankment; place no material on embankment when material or foundation is frozen. E. Step or bench all existing slopes greater than five (5) horizontal to one (1) vertical to connect existing grade with new fill. F. Select material for each portion of embankment with approval of Engineer; select materials to avoid sharp change in texture. G. Use fill material free of lenses, pockets, streaks or layers, or materials differing from surrounding materials. H. Construct embankment in horizontal layers not more than eight inches (8") in loose thickness. ' I. Deposit each layer over full width of embankment as separate and distinct operation. J. After layer is deposited, smooth to uniform depth by means of suitable motor patrol or bulldozer. K. Compact selected materials in horizontal layers with tamping or sheepsfoot roller; use roller designed to provide at least two hundred pounds per square inch (200 psi) distributed on one (1) row of knobs; tamping feet must project not less than six and one-half inches (6-1/2") from face of drum. L. Compact layer by rolling with tamping type roller until full weight of roller is supported by tamping feet, but with not less than one (1) pass per inch of loose thickness of layer. M. Roller will be considered to be supported entirely on its tamping feet when feet do not penetrate more than three inches (3") into material being compacted. LJ':,;'. ': \/ / \,' '.,".,,) ....". I \. I' ,", 1 ;.':'."=) S!1 :: II f ,", f' EXCAVATION, BACKFILLING & COMPACTION 02220 -10 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa N. If soil is wet so that it will not sufficiently compact by one (1 ) passage of roller per inch of loose thickness, provide minimum of one discing per two inches (2") of loose thickness. 1. Cut and stir full depth of layer. 2. Allow interval of not longer than two (2) hours between successive discings, or as directed by Engineer. 3. After discing is completed, compact layer by specified rolling. O. If soil is dry so that it will not satisfactorily compact by rolling, moisten material before compaction; manipulate material to secure proper distribution of moisture before compaction. P. Place fill and compact on all sides of structures to same level as fill operation progresses to protect structures against displacement or other damage. Q. Areas adjacent to structures which cannot be tamped with rollers: Hand tamp with mechanical tamper to same degree of compaction as specified for other parts of embankment. R. Whenever operations are suspended during periods of rain or the likelihood thereof, smooth and compact surface to shed water readily. S. Compact fill areas in street right-of-way under pavement and under utilities to not less than ninety-five percent (95%) maximum density; moisture content not less than two percent (2%) below optimum or more than three percent (3%) above optimum m~sture cc;>n,tent. 3.10 DEWATERING A. Groundwater may be encountered while excavating. B. Do all work in dry conditions; obtain the Engineer's approval of proposecf".methOQ? of dewatering. )>'" ,- o Prevent surface water from flowing into excavations; promptly remove any water accumulated. C. D. Maintain dewatering operations to prevent groundwater from exceeding elevations shown on Drawings until construction work has been completed to level indicated. E. Do not pump water to existing sanitary sewers or onto adjacent property without approval of the Engineer and adjacent property owner. EXCAVATION, BACKFILLING & COMPACTION 02220 - 11 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa F. Dewatering shall not be paid for as a separate pay item, but shall be considered incidental to the project. G. Methods used shall not cause settlement or damage to adjacent property. -, 3.11 SHEETING, SHORING, AND BRACING A. Where required or when the material to be excavated is unstable, or the bottom of the trench will not hold its form when excavated, install tight sheeting and shoring to a depth necessary to control the action of the bottom. B. Support to prevent any movement which would in any way injure adjacent property, private or public utilities, minimize the width necessary for proper construction procedures, or otherwise injure or delay the work. C. Contractor to assume all liability for any and all damages to property, or injury to workmen and other persons, which may occur if sheeting is not used. D. Contractor shall furnish and place such sheeting and shoring, sheet piling, planking, and bracing as may be required to support all sides of excavation. E. Contractor shall install sheeting and shoring in a manner to minimize vibration in adjacent buildings and structures. F. Leave in place all sheeting below a level two feet (2') above top of pipe. G. Pull steel sheeting except where shown on Drawings. '.......J H. Sheeting, shoring, and bracing shall not be paid for as a separate pay item, but shall be considered incidental to the project. I. Sheeting and shoring shall be in accordance with OSHA and all other governmental regulations. The Contractor shall be solely responsible for complying with the regulations. 3.12 SHEET PILING A. Steel sheet piles that are installed shall be interlocking type with a web thickness not less than 3/8 inches. The interlock shall be of a type reviewed by the engineer. Used sheet piles shall be put in proper condition before redriving. The details at angles in sheet-pile walls shall be adapted to the type of pile used and shall be subject to the review of the engineer. Steel sheet piles need not be painted unless specified on the plans. ,,, " '. r-I' vi \, '! S IJ : j; : -, ( EXCAVATION, BACKFILLING & COMPACTION i" r~_ 02220 -12 ''-.- ..; '_~ i; _...1 ,. Howard R. Green Company Project No. 728170-J , ' '/ I' FY06 Cell Construction Iowa City Landfill and Recycling Center :] Iowa City, Iowa 3.13 B. . , ; '.' ; \ The contractor shall furnish, put ir(p1acEl~nddmaintain such sheet pile, bracing, and shoring, etc., as may be necessary to supporfttie sides of the excavation and to prevent any movement of earth other than that intended to be accomplished by the excavation. such sheet pile shoring and bracing shall be done as may be necessary for the protection of the work and for the safety of personnel and shall comply with the safety precautions as outlined in the Associated General Contractors of America, "Manual of Accident Prevention in Construction", and the "Occupational Safety and Health Act" of 1970 (OSHA). Sheet piles shall be driven and excavation work conducted in such a manner as to prevent material in back of sheeting from running under sheeting and into the excavation. C. Care shall be taken to prevent voids outside of sheeting; but if voids are formed, they shall be immediately filled and well compacted. D. Sheeting, if used, shall be extracted. E. Steel sheeting shall be used where indicated on the drawings or as directed by the engineer. F. Sheet pile design shall be done by a registered engineer in the State of Iowa. Contractor shall submit a copy of the calculations to the engineer. G. Contractor shall review soil borings for existing conditions. H. The contractor is to provide a written methodology for sheeting/bracing the excavation for the sand pit pumping station. Alternates to those proposed by the engineer require approval prior to beginning work. CONFLICT WITH EXISTING UTILITIES AND SERVICES A. All cables, conduit, and pipe exposed during construction will be secured in such a manner that no deflection or sagging occurs during or after construction. All backfill shall be natural earth materials excluding rocks, foreign materials, or other abrasive materials that may be injurious to the cables. B. Compact backfill under existing utility crossing to ninety-five per cent (95%) maximum density; moisture content not less than two percent (2%) below optimum or more than three percent (3%) above optimum moisture content. C. Drain tile repair: 1. Notify the Engineer promptly when drain tile are encountered during excavation; note location of tile; promptly repair all drain tile damaged during construction. 2. Replace drain tile with length of ductile iron pipe as specified for sanitary sewers or helically corrugated steel pipe with standard galvanizing coating extending at least twelve inches (12") il')to undisturbed earth on each side or trench. 3. Diameter of replacement piping greater than or equal to existing tile diameter. EXCAVATION, BACKFILLING & COMPACTION 02220 -13 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 4. Install steel or reinforced concrete support beams as required and subject to the Engineer's review. 5. Connect to existing pipe with manufactured pipe adapter, coupling or six inches (6") thick by twelve inches (12") long concrete collar. 6. Compact backfill under drain tile repair to ninety-five percent (95%) maximum density for distance equal to trench depth each side of drain tile. 7. Leave repair exposed for inspection by the Engineer. ~ 3.14 DISPOSAL OF MATERIAL '-.J A. Dispose of excavated material in disposal area identified by Owner. B. Dispose of debris, large stones, rocks, roots, and organic materials as directed by Owner. c......- 3.15 CLEANUP A. Clean up each portion of construction as it is completed. B. Clean up and remove rubbish, debris, and surplus material. C. Leave site in neat condition. D. Reopen to traffic as soon as practicable. 3.16 FIELD QUALITY CONTROL A. Field inspection and testing will be performed under provisions of Section 01400. B. If tests indicate work does not meet specified requirements, remove work, replace and retest at no cost to Owner. END OF SECTION 02220 \-" , ,''', , \' i ''</ \:", ,~) " I' " ,. , ''''I "",'If 1 'I'ljl i"-" , '![-') ..J ,--.. " ! : ,. C' ~1 : 1 j ! ~~; ,- - :"' r'~ '-' j .,,,. EXCAVATION, BACKFILLING & COMPACTION ! ! 02220 - 14 ,~ Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 'SECTION 02221 TRENCHING, BACKFILLING AND COMPACTING PART 1 GENERAL 1.01 A. 1.02 1.03 " /~ SUMMARY .:., / .- )7 o Section Includes: Excavation classification of materials, backfill and bedding materials, excavation for trenches, structures, and appurtenances, rock and rubble excavating, sheeting, shoring, and bracing, dewatering, backfill for structures and trenches, utility crossings and standard trench section requirements. B. Measurement and Payment. 1. Payment is incidental and included in the installation unit price of pipe, fittings, valves, hydrants, manholes, inlets, water distribution systems, storm sewer system, sanitary sewer system, and other systems. 2. Rock removal, if applicable, will be paid at the unit price bid. If no bid item is provided for rock removal, price will be negotiated prior to commencement of removal. REFERENCES A. ASTM 02922 - Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth ). B. ANSI/ASTM 0698 - Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.5 lb. (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. DEFINITIONS A. 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. B. Material Classification. 1. Earth: All materials not classified as rock or rubble, includes: clay, silt, sand, gravel, hardpan, disintegrated shale and rock debris, junk, brick, loose stones, and boulders less than 1/3 cubic yards in volume. TRENCHING, BACKFILLING AND COMPACTING 02221 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction 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. . 4. Topsoil: a. Topsoil removed from the site: Upper portion of the soil profile containing a good supply of humus and a high degree of fertility; free from rocks, clods and other debris larger than 2" in diameter. b. Topsoil brought onto the site: Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, taken from drained site; free of roots, rocks larger than 1 inch, subsoil, debris, large weeds, clay or impurities, plants; pH value of minimum 5.4 and maximum 7.0. '-.-' C. Excavation Type. 1. Earth Excavation: Material that can be excavated by means other than pneumatic tools, such as a ripper. 2. Rock Excavation: Rock requiring the continual use of pneumatic tools for removal. 3. Rubble Excavation: Rubble requiring the continual use of pneumatic tools for removal. 1..- / , ,~ D. Typical detail drawings for trenching, backfilling, and compacting are at the end of this Section. E. Percent maximum density shall mean a soil density mo less than the stated percent of optimum density for soil as determined by ASTM D698, Standard Proctor Density of ASTM D1557, Modified Proctor Density. 1.04 SUBMITTALS A. Submit under provisions of Section 01300. B. Proposed methods to handle water encountered during construction. C. Project Record Documents. 1. Accurately record actual locations of utilities placed or encountered using horizontal dimensions, elevations or inverts. and slope gradients. 1.05 QUALITY ASSURANCE A. The Contractor shall employ and pay for services of the independent testing laboratory for tests required to show compliance with the specifications. Test results shall be submitted directly to the Owner/Engineer. Selection of the testing laboratory is subject to approval of the Owner/Engineer. '.: /\.'\ () t \ " i '\ ,..I E>1 ;]: ' ,~'! "' ,.';.,1 TRENCHING, BACKFILLING AND COMPACTING '..... _", ~.,.. I _~__ 02221 - 2 Howard R. Green Company Project No. 728170-J i,' : !:, I ~ FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa ( f"-"',t B. Determine moisture ICr~h'sity\-relatid~/,~ soils encountered during construction in accordance with Standard Proctor Method. Provide graph of Proctor soil density versus water content for reach soil encountered. C. Provide gradation and materials tests for pipe bedding and stabilizing material. D. Test trench backfill soil density and moisture at three tests per three-foot (3') lift per four hundred lineal feet (400LF) of trench under pavements. 1. If trench backfill or pavement subgrade fails density tests, rework backfill or subgrade and retest until specified density is obtained. E. Jacking, boring, or tunneling Contractor shall be a company specializing in the applicable jacking, boring or tunneling work with a minimum of 5 years and 25 jobs of satisfactory documented experience. 1.06 PROJECT/SITE CONDITIONS A. Existing Utilities 1. Before starting operations in any area in the vicinity of utility facilities, notify each utility of any operation which may affect their facilities. Provide notice 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. Reach an agreement with each utility on appropriate action necessary to protect or relocate the utility facilities. The cost of such action to protect the facilities, except for locates, be borne by the Contractor. Utilize One-Call System (Iowa: 1-800-292-8989), for locates for those utilities which subscribe to this service. Contact all other utilities that do not subscribe to the One-Call System. 2. At all times conduct operation so that necessary clearances are maintained and said utility facilities are protected. Comply with all Local, State, and Federal, or other regulations in performing work near utility facilities. 3. Should the Contractor damage any of -the utility facilities during Contractor's operations or determine the work cannot be performed safely. Immediately notify the utility involved and cease work until arrangements are made to prevent further damage or a serious accident. 4. Failure of the Contractor to provide timely notice to the utility or to conduct his operations in such manner that proper clearances are maintained and the utility facilities are protected at all times will be grounds 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. B. Owner shall identify a location to deposit excess topsoil and excavated material suitable for backfill. 1. Grade disposal areas periodically to reasonably neat surface to provide for drainage and access by others. C. Contractor responsible for providing adequate barricades and protection around excavation and work areas. TRENCHING, BACKFILLING AND COMPACTING 02221 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa D. Trees, Hedges and Shrubbery: 1. Minimize damage caused by construction operations. Exercise care in operating equipment beneath or adjacent to trees to prevent damage. 2. Trim and repair trees, hedges, and shrubbery damaged by construction operations; remove broken branches. 3. Cut no tree roots larger than 3" diameter (75 mm). 4. Notify Engineer prior to removing trees larger than 2" (50 mm)diameter; and hedges and shrubbery. 5. Dispose of all items to an off-site location obtained by Contractor. --: '-~ 1.07 SEQUENCING/SCHEDULING , --- A. Schedule work to avoid property owner inconvenience insofar as practicable during construction. PART 2 PRODUCTS 2.01 BACKFILL AND BEDDING MATERIALS , '- A. Select Backfill: Select backfill and bedding for pipes and structures shall be approved select material obtained from site or from off-site borrow areas. Material to be free of foreign substance, debris, large stones, rocks (1~", 37 mm.), roots, organic or frozen material, expansive material and other deleterious materials. See details on Drawings and/or Typical Detail drawings herein for typical extent of select bedding and backfill. B. Topsoil: ,.-. 1. Upper portion of soil profile removed prior to excavation containing a good supply of humus and a high degree of fertility . Topsoil is free of rocks, clods, and other debris larger than 2" in diameter. 2. Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, taken from drained site: free of roots, rocks larger than 1 inch, subsoil, debris, large weeds, clay or impurities, plants: pH value of minimum 5.4 and maximum 7.0. ---, , \ . ", -;:fi\,; ,.J i " ; '~, r I, .' l' "l . i j ., ....i.., TRENCHING, BACKFILLING AND COMPACTING 02221 - 4 r- '--- Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center j,' ,r; Iowa City, Iowa 1.-.- , . C. Granular pipe bedding: cle~Il"t)~FtiShediS~011~:'N1\Tlply with following gradation, dependent upon pipe diameter. Pipe 4" - 18" Diameter Pipe Over 18" Diameter Sieve (Percent Passing) (Percent Passing) 1-1/2" -- 100 1" 100 95-100 3/4" 80-95 35-70 1/2" 35-60 25-50 3/8" 20-40 10-30 No.4 0-5 0-5 D. Alternate granular pipe bedding material: lOOT 4120.04 Class A. crushed stone may be used in stable trench conditions as approved by Engineer. E. 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 F. Granular pipe bedding for perforated pipe. 1. Clean well-rounded washed river gravel, free of clay and objectionable clay coatings; angular stone, limestone or dolomite are not acceptable. 2. Gradation: 100% passing the 2 screen; 100% retained on the %" screen. 3. Abrasion Loss: AASHTO T96, Method C: 45 maximum. 4. Freeze and Thaw Loss: Iowa DOT Materials Test Method 211, Method A: 10% maximum. TRENCHING, BACKFILLING AND COMPACTING 02221 - 5 --- Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa \.~-~ PART 3 EXECUTION 3.01 EXAMINATION A. Verify that survey benchmark and intended elevations for the Work are as indicated on Drawings. 3.02 PREPARATION A. Obstructions. 1. Remove trees, brush, rubbish, spoil, and other obstructions as necessary for construction. 2. Remove, replace and repair fences, signs and other obstructions as necessary for construction; return all items to equal or better than original conditions. 3. Provide and remove adequate temporary fencing for any fences that are disturbed by construction operations. 4. Remove waste material promptly as it is generated by construction operations; do not permit it to accumulate. See also "Cleanup," this Section. ~.., B. Topsoil: Strip and stockpile topsoil for use in surface restoration. '~ C. Haul Routes. 1. Determine haul roads with approval of agency having jurisdiction over proposed roadway. 2. Make condition survey of haul roads prior to use and document with necessary photographs and written descriptions. ' 3. Keep reasonably free from debris from construction operations. 4. Clean a minimum of twice a week. 5. Repair any damaged haul routes to match existing conditions before use. ~, r-- 3.03 EXECUTION A. Earth Excavation. 1. Excavate all material encountered to depth and dimensions indicated on Drawings. a. Comply with OSHA and all other governmental regulations. Contractor solely responsible for complying with the regulations. 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; waste at disposal area obtained by the Contractor at no cost to the Owner. 2. Excavate to full depth by machine; level trench bottom to provide uniform bearing and support for full length of pipe. r---. ,.- , \-/ " '.i / ,'. \.. / \/\ (-:) ! --.; (' ,'] : )1 C; 1 ~ . TRENCHING, BACKFILLING AND COMPACTING , i., " . j 02221 - 6 '--' \.-.... Howard R. Green Company Project No. 728170-J j I i L FY06 Cell Construction Iowa City Landfill and Recycling Center !J Iowa City, Iowa 3. i [i \i';~ ./'\ Excavate by hand: ~'i I 'I a. Under and around utilities. b. Where overhead clearance prevents use of machine. c. Under trees and shrubs where shown on Drawings. 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. Minimize the width of trench below the top of the pipe, but maintain trench width of no less than pipe 0.0. plus 24". Conform to best trench bottom construction practices as recommended by pipe manufacturer. Backfill trench bottoms carried below required grade; backfill to proper elevation with crushed stone as specified for sewer pipe bedding at no expense to the Owner. 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. If material is considered unsuitable for pipe foundations, Engineer will specify and authorize remedial measures in writing. If removal of unsuitable material is authorized replace with trench stabilizing material. Provide minimum of 4 inches (100 mm) of bedding material on top of stabilizing material to prevent point load. Bedding material graded sufficiently coarse to prevent movement and loss of bedding into trench stabilizing material. 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. Concrete encasement, concrete cradling and pilings, if not shown on the Drawings or indicated in these specifications: paid for as extra work. Provide cradling or strengthening at Contractor's expense if above trench width is exceeded. I j \ 4. 5. 6. 7. 8. c. d. 9. 10. 11. B. Rock Excavation 1. When rock is encountered at locations generally indicated on the Drawings, excavate and haul all rock to an approved site obtained by the Contractor at no additional cost to the Owner. Where unanticipated rock is encountered, notify Engineer prior to removal. 2. Excavate all rock encountered to depth and dimensions indicated on Drawings using pneumatic tools. Provide for pipe bedding cushion for pipeline structures and appurtenances with Typical Detail Drawings herein. a. Comply with OSHA and all other governmental regulations. Contractor solely responsible for complying with the regulations. TRENCHING, BACKFILLING AND COMPACTING 02221 - 7 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa ....-... ,-... I L 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; waste at disposal area obtained by the Contractor at no cost to the Owner. C. Rubble Excavation 1. Removal: As specified for rock. 2. Remove and dispose of excavated rubble not suitable for backfill. D. 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 and all other governmental regulations. Contractor solely responsible for complying with the regulations. 2. Leave in place wood sheeting driven below level of pipe. Remove upper part of wood sheeting to a level 5'-0" (2m) below finish grade. 3. Pull steel sheeting except where shown on Drawings. 4. When movable trench shield is used below spring line of pipe, lift shield prior to any forward movement to avoid pipe displacement. Fill void left by removal of shield, between consolidated fill and stable trench wall, with consolidated fill of the same type as specified adjacent to the pipe. '--.-' '~~ E. 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. F. Bedding and Backfill for Trenches 1. Place bedding from bottom of pipe trench to pipe spring line as indicated on applicable Typical Detail Drawings contained ~~r~~, ~e9di,ng "i,q~des material below bottom of pipe as specified. Compact bea6ihg.b~9W b,o~6:(h-(jf pipe prior to installation of pipe to minimize settlement. ~', I I ! '.J ~, (", . ! I (., J ': I ~._, .....~ ~1 .~ TRENCHING, BACKFILLING AND COMPACTING \,.._ .~ ., _... i ~_--l '-' 02221 - 8 '----' Howard R. Green Company Project No. 728170-J ! ~ , ' i j' FY06 Cell Construction Iowa City Landfill and Recycling Center o Iowa City, Iowa ( ~ .r ._'" '1 " " 2. Provide bell holes at e~n pipe joint; aiJQw'~ccess completely around circumference of pipe for proper jointing operations. 3. Bedding for Gravity Lines: a. Granular pipe bedding material. b. Thickness of bedding material below the bottom of pipe barrel of 1/8 pipe O.D., or 4-inch (100 mm) minimum. c. Compacted in 6-inch (150 mm) lifts from trench bottom to pipe spring line. d. Compact to a minimum of 90% Standard Proctor Density (ASTM 0698). 4. Bedding for Pressure Lines: a. Native select material or granular pipe bedding material. b. Where rock or other unyielding material is encountered in trench bottom, provide a cushion of granular pipe bedding with thickness as shown on Typical Detail Drawing herein. c. Compact bedding and cushioning materials compacted in 6-inch (150 mm) lifts from trench bottom to pipe spring line. d. Compact to a minimum of 90% Standard Proctor Density. 5. Construct structures and appurtenances and perform backfilling as work progresses. 6. Initial Backfill. a. Vitrified Clay; High Density Polyethylene; Polyvinyl Chloride; and Truss Pipe: Carefully place and compact initial backfill with pneumatic or mechanical tampers from the spring line to a point 1 foot (1/3 m) above tope of pipe barrel. Backfill material shall be crushed stone as specified for bedding in Part 2.02. C. ' b. Ductile Iron Pipe, Polyvinyl Chloride (pressure) and Reinforced Concrete Pipe: Material and compaction as specified for trench backfill. 7. Backfill trench after locations of connections and appurtenances have been recorded. Conform to applicable Typical Detail Drawings contained herein. 8. Placement of Backfill: a. Place initial backfill material only after installation of pipe and bedding material has been completed. b. Place all initial backfill in such a manner so not to damage or displace pipe. c. Backfill simultaneously on both sides of pipe to prevent displacement. d. Compact to minimize settlement of trench backfill and provide optimum support of pipe. 9. Place trench backfill only after initial backfill has been placed, compacted, and approved. Trench backfill, material and compaction requirements depend on what area the pipe is located beneath as specified. Trench backfill begins 1 foot (1/3 m) above pipe barrel and terminates at final grade or subgrade. 10. Trench Backfill. a. Open Rural Areas: In open rural areas where there is no vehicular traffic, such as fields, and along railroads, no special compaction will be required. Backfill is select material. The material may be placed with bulldozers or backfilling machines of other types. Mound earth approximately 12" (300 mm) in height over trench; mound shall be neatly rounded off for further settlement. TRENCHING, BACKFILLING AND COMPACTING 02221 - 9 r Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa r--- \~- ~ b. Grass Parking Areas and Unpaved Areas: Select material as previously defined. Compact backfill material to a minimum of 90% Standard Proctor Density (ASTM D698). Fill upper portion oftrench in grass areas with 6 inches minimum of topsoil. c. Paved Areas: Select material compacted in 6" (150 mm) lifts with pneumatic or mechanical tampers to finish grade or subgrade. Compact to a minimum of 95% Standard Proctor Density (ASTM D698). 11. Backfill with material removed from excavation except where imported backfill is specified; use no debris, frozen earth, large clods, stones, or other unsuitable material. If native material is too wet or dry to achieve specified compaction, Contractor required to dry or wet material or replace with approved imported material at no additional cost to the Owner. 12. Place backfill into the trench at an angle to minimize impact on installed pipe is minimized. r" , ~ 'L_ ~- G. Backfill for Structures 1. Backfill after concrete or masonry has cured for 5 days and has been reviewed and approved by Engineer. 2. Backfill with material removed from excavation except where granular backfill is specified; use no debris, frozen earth, large clods, stones, or other unsuitable material. 3. Backfill simultaneously on all sides of structures; protect structures from damage at all times. 4. Compact backfill at structures to density not less than specified for adjacent trench, or as shown on the Drawings. 5. Terminate backfill at finish grade as shown on Drawings; dispose of excess excavated material as directed by Engineer. 6. Prepare backfill for surface restoration as specified for adjacent trench. r-- ! ,....., j L r- H. Existing Utility Crossings 1. Notify utility companies before excavating; utilize Iowa One-Call system; conform to current utility notification requirements. 2. Where new construction crosses or closely parallels existing utilities or utility services, excavate in advance of pipe laying to determine location and crossing arrangement, including exact construction line and grade. 3. Utility mains shown on Drawings, in conflict with new facilities: Perform relocation or make arrangements wit utility to perform Work at no additional cost to Owner. 4. Utility mains not shown on Drawings, in conflict with new facilities: Notify Engineer immediately. 5. Provide compacted sand or granular material under all existing utilities or service lines that are located above the new pipeline. Compact material to a minimum of 95% Standard Proctor Density. 6. Repair any drainage tile interrupted during the course of construction according to details on Drawings and/or Typical Detail ~wings:' '., \i\:\~')! , ' ,.. , """'1 -' r-- :..~----' r I I ~ L_ (' :, . ! I ' ., " ~ . j :. TRENCHING, BACKFILLING AND COMPACTING \..-.... -.-. 02221 -10 r--" Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa I. Provide compacted sand or granular material under all existing utilities or service lines that are located above the new pipeline. Compact material to a minimum of 95% Standard Proctor Density. J. Notify utility companies before excavating; utilize Iowa One-Call system; conform to current utility notification requirements. 3.04 FIELD QUALITY CONTROL A. Complete as indicated in Part I - Quality Assurance, this Section. B. If tests indicate work does not meet specified requirements, remove work, replace and retest at no cost to Owner. C. Frequency of Tests: Perform soil density tests uniformly throughout the placing of the fill to maintain quality control at all times. Testing in accordance with ASTM D2922 and D698. 3.05 CLEANUP A. Clean up each portion of construction as it is completed. 1. Restore obstructions removed to accommodate construction equipment or to facilitate excavation. 2. Clean up and remove rubbish, debris, and surplus material. B. Leave site in neat condition. END OF SECTION 02221 o TRENCHING, BACKFILLING AND COMPACTING 02221 - 11 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02762 LANDFILL PIPING PART 1 GENERAL 1.01 - SUMMARY A. Section Includes: 1. Leachate Piping. 2. Groundwater Collection Piping. 3. Storm Water Piping. .--- )7 (;) B. Measurement and Payment 1. Method of Measurement a. Pipe and Fittings: To the nearest linear foot. b. Manholes and Cleanouts: By the unit. 2. Basis of Payment a. Pipe and Fittings: Paid for at the contract price per linear foot. Includes pipe, fittings, testing, installation, excavation, bedding, backfilling, and compaction. b. Manholes and Cleanouts: Paid for at the contract price per each. Includes manhole sections, ring and cover, testing, installation, excavation, bedding, backfilling, and compaction. 1.02 RELATED SECTIONS A. Section 02220 - Excavation, Backfilling & Compaction. B. Section 02221 - Trenching, Backfilling & Compacting. 1.03 SUBMITTALS A. Submit under provisions of Section 01300. B. Product Data: Provide data indicating pipe and pipe accessories. C. Manufacturer's Certificate: Certify that products meet or exceed specified requirements. 1.04 PROJECT RECORD DOCUMENTS A. Submit documents under provisions of Section 01700 and 01730. B. Record location of pipe runs, connections, manholes, c1eanouts and invert elevations. LANDFILL PIPING 02762 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa C. Identify and describe unexpected variations to subsoil conditions or discovery of uncharted utilities. 1.05 FIELD MEASUREMENTS A. Verify that field measurements and elevations are as indicated. 1.06 COORDINATION A. Coordinate work under provisions of Section 01039. ',,--, PART 2 Materials '---- 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 0 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/1 0 min. when tested in accordance with ASTM 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. Environmental 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 230 C when tested in accordance with ASTM D 2837. ~ L.. B. HDPE Pipe Accessories 1. Pipe Joints: Heat fusion or mechanical joining system. . 2. Fittings: Conform to pipe material specifications. Same rt:\anufacturer as pipe. ,...., , ....... C. HDPE Manholes 1. ASTM 0 3350, ASTM F 894 - Class 160 profile wall or solid high-density polyethylene. Solid Wall Thickness: 1" wall, 1-1/2" base, 1" top, 1" manhole cover. Profile Wall Thickness: 2" wall, 2" base. Weld all joints on both sides. Base flange with ~"O?les f?ran~~9rp,9Its. Valve Extension ~iems:-'l;iOP!=ptatewelded to wall. Valve Covers: HDPEpipestll'b v;lelded to cover, slip-on PVC cap. Manhole Covet; 'f~:',qia.m~ter opening 1" plate cover. G ~ "1~ .,) L- ,...,"'1 2. 3. 4. 5. 6. 7. 8. \.._~ "';'''''_1,., LANDFILL PIPING ! ~ 02762 - 2 '" '----...;; j ._J , - Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 9. Depth to place 48" top plate above grade. 10. Flanges for Interior Valves and Exterior Pipes: Viton gaskets, stainless steel bolts. 2.02 VALVES A. Non-rising stem gate valves, flanged connections. B. PVC body, PVC stainless steel, or PFDF gate, stainless steel bolts and metal parts, Viton seals and elastomers. C. Stainless steel extension stem and operating nut. D. Provide one valve wrench for each manhole. E. ASHAI American or equivalent. 2.03 POLYVINYL CHLORIDE PIPE (PVC) A. Polyvinyl chloride solid wall pipe: ASTM D 3034 Minimum wall thickness: SDR 35 with 46 psi minimum stiffness Joints: ASTM D 3212 Gaskets: ASTM F 477 ")./" o B. Flanges 1. Flanges shall be one piece solid design or two-part van stone type which use the tapered, serrated face and full face gasket technique for joining and are compatible with ANSI B16.5 Class 150 metal flanges.' 2. Flanges shall be pressure rated at 150 psi for water service at 730F, non-shock and have a minimum burst requirements of 3.3 times the rated pressure. 3. Bolts shall be type 316 stainless steel ASTM A 193, Grade B8M hex head and nuts shall be ASTM A 194, Grade 8m hex head. 4. Gaskets shall be full-face neoprene. 2.04 CORRUGATED METAL PIPE (CMP) A. Corrugated Metal Pipe 1. Corrugated Metal Pipe: AASHTO M36, Type 1. Thickness shall conform to the following: Pipe Diameter 12-24 30-36 42-54 60-72 Thickness 16 ga. 14 ga. 12 ga. 10 ga. 2. Corrugated Metal Pipe Coating: AASHTO M190, Type A bituminous coating. 3. Corrugated Metal Pipe Joint Device: Manufacturer standard coupling bands, with LANDFILL PIPING 02762 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa same coating as pipe. 4. Label each piece by type and show date of manufacturer. S. lOOT "Standard Specifications for Highway & Bridge Construction, .. latest edition and current supplements thereto. 2.05 REINFORCED CONCRETE PIPE (RCP) All reinforced concrete pipe used on this project will be supplied by the Owner, as used pipe. All of this RCP is either currently stockpiled on site, at the westerly end of landfill cell FY 95, or is currently in use at the northwest corner of landfill cell FY 98. In the latter case, the pipe is to be removed and reinstalled by the Contractor as a part of this project. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that survey benchmark and intended elevations for the work are as indicated on the drawings. '~ 3.02 INSTALLATION A. Leachate Piping 1. Install pipe. fittings, and accessories in accordance with these specifications and manufacturer's instruction. 2. Lay pipe to slope gradients noted on drawings; with maximum variation from true slope of 1/8 inch (3 mm) in 10 feet (3 M). 3. Refer to Section 02221 for trenching, backfilling and compacting requirements. Do not displace or damage pipe when compacting. 4. Install manholes and cleanouts as shown on plans. Backfill uniformly around. 5. Store on clean level ground to prevent undue scratching or gouging of the pipe. If the pipe must be stacked for storage, such stacking should be done in accordance with the pipe manufacturer's recommendation. 6. 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. 7. Cut and remove segments of pipe having cuts or gouges in excess of 10% of the wall thickness of the pipe. Rejoin the undamaged portions of the pipe using one of the methods identified below. r-~ L.... \./,' 'I, . ,. ~;!'~ t--l! ~ "-.; j '::>, .'.' ' (, ~ .. i j , - .' \J LANDFILL PIPING 02762 - 4 i ;' _........ -------- .. " , " :.'..--, , I : . t.... , I , ' , ") FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa Howard R. Green Company Project No. 728170-J ("1 ~ _ I 8. Join sections of P@yethyle;neprofj'~,X"all pipe into continuous lengths on the job site. Joining method: heat fusion mettrbCi, or a mechanical system, performed in strict accordance with the pipe manufacturer's recommendations. The heat fusion equipment shall be capable of meeting all conditions recommended by the pipe manufacturer, including, but not limited to, temperature requirements, alignment and fusion pressures. 9. Install HDPE pipe as flexible pipe, and all sections ofthese 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. Groundwater Collection Piping 1. Install pipe, fittings, and accessories in accordance with these specifications and manufacturer's instruction. 2. Lay pipe to slope gradients noted on drawings; with maximum variation from true slope of 1/8 inch (3 mm) in 10 feet(3 M). 3. Refer to Section 02221 for trenching, backfilling and compacting requirements. Do not displace or damage pipe when compacting. 4. Install manholes and cleanouts as shown on plans. Backfill uniformly around. 5. Store on clean level ground to prevent undue scratching or gouging of the pipe. If the pipe must be stacked for storage, such stacking should be done in accordance with the pipe manufacturer's recommendation. 6. 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. 7. Cut and remove segments of pipe having cuts or gouges in excess of 10% of the wall thickness of the pipe. Rejoin the undamaged portions of the pipe using one of the methods identified below. 8. Join sections of polyethylene profile wall pipe into continuous lengths on the job site. Joining method: heat fusion method, or a mechanical system, performed in strict accordance with the pipe manufacturer's recommendations. The heat fusion equipment shall be capable of meeting all conditions recommended by the pipe manufacturer, including, but not limited to, temperature requirements, alignment and fusion pressures. 9. Install HDPE pipe as flexible pipe, and all sections ofthese specifications with respect to trench installation of the flexible pressure pipe shall apply, except where Specifications contained or details on the Plans dictate otherwise. C. Storm Water Piping 1. Refer to Section 02221 for trenching, backfilling,and compaction requirements. Do not displace or damage pipe when compacting. 2. Install pipe, fittings and accessories in accordance with these specifications and manufacturer's instructions. 3. Begin at lowest point on line; lay bell ends pointing upstream. 4. Visually inspect pipe for defects before carefully lowering into trench; lay true to line and grade; provide for uniform bearing of the pipe barrel on the trench bottom. 5. Lift or roll pipe into position. Do not drop or drag pipe over prepared bedding. LANDFILL PIPING 02762 - 5 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 6. Shore pipe to required position; retain in place until after compaction of adjacent fills. Ensure pipe remains in correct position and to required slope. 7. Provide smooth and uniform invert; bear tongue against groove shoulders. 8. Make joints with equipment recommended by pipe manufacturer; do not use backhoe to push joints together. ' 9. Pipe joint gasket lubricant shall be a type approved by the pipe manufacturer. 10. Keep pipe free of all dirt and foreign material. 11. Saw cut end of pipe or other manufacturer approved method, at manholes and intakes; do not hammer, cut, or break pipe. 12. Line and grade: a. Use laser light equipment or batter boards for line and grade control. i. Use detection equipment to monitor laser light to prevent movement or drift of line from line and grade. ii. Use minimum of three batter boards not more than 25' apart. b. Check line and grade of each pipe length; horizontal and vertical alignment of the installed pipe shall not vary more than plus or minus 1/8" per foot of pipe diameter. c. Check sewer grade at rnaximum 100' intervals with level and level rod. d. Continuously check alignment of sewer by flashing light between manholes or between last piece of pipe laid and opening at downstream manhole. e. Correct misalignment, displacement, or otherwise defective sewer. 13. Where indicated on the Drawings, the Contractor will be required to connect the proposed storm sewer into an existing manhole or intake. These connections shall be structurally sound and watertight. They shall be constructed in such a way to minimize impedance of flow. 14. Lift holes shall be plugged with a non-shrink grout from an approved mix. 15. Use manufactured special adaptors or couplings with full-width stainless steel bands whenever possible. If coupling is not available, use concrete collar 6" thick and 12" each way from joint; reinforce with 6" x 6" 0 W2.0 x W2.9 welded wire fabric. Concrete collar to be approved by Engineer prior to use. L- L~_ 3.03 FIELD QUALITY CONTROL A. Field inspection and testing will be performed under provisions of Section 01400 and 02221. B. If test indicates Work does not rneet specified requirements, remove Work, replace and retest at no cost to Owner. Refer to Section 01019 and 01025 Defect Assessment. C. Frequency of Test: Section 02221; deflection test all pipe; pressure test all solid pipe. D. Air Pressure Test: ASTM C828. \".' -/:, , f I, \ ! 1-- ?,!. .11 ".; "" I 'i i .... f': ? LANDFILL PIPING 1 f 02762 - 6 ~.. -.- -, ...-,j Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa E. Deflection Test: Test with a 95% diameter mandrel; maximum deflection: 5%. F. Repair all observed leaks, regardless of test results. G . Televise all pipes with internal television in presence of Engineer; provide tape of television inspection to Engineer. 3.04 PROTECTION A. Protect finished installation under provisions of Section 01500. END OF SECTION 02762 LANDFILL PIPING 02762 - 7 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02779 COMPACTED CLAY LINER PART1 GENERAL ...,.. :. 1.01 RELATED REQUIREMENTS -::-. Requirements of the General Conditions, Supplementary Conditions and Division 1"gemeral '- Requirements of this Project Manual apply to Work under this Section. :> I 1.02 RELATED SECTIONS A. Section 02920 - Surface Restoration. 1.03 REFERENCES A. IDOT "Standard Specifications for Highway and Bridge Construction," latest edition and current supplements thereto. B. ASTM 02922 - Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth ). C. 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. 1.04 MEASUREMENT AND PAYMENT A. Compacted Clay Liner: Payment is based on actual construction quantities, measured on the actual fill area and design depths of the in-place liner. 1.05 QUALITY ASSURANCE A. The Owner will employ and pay for services of the testing laboratory for tests required to show compliance with the specifications for the compacted clay liner. Test results shall be submitted directly to the Owner/Engineer. Test results will be made available to the , Contractor. B. The Owner will determine moisture density relations of soils encountered during construction in accordance with the Standard Proctor method, and will provide a graph of Proctor soil density versus water content for each soil type encountered. COMPACTED CLAY LINER 02779 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa C. The Owner will test the clay liner fill soil density and moisture content a minimum of one test per eight-inch (8") lift per acre. If the clay liner or liner sub-grade fail density tests, the Contractor will be required to rework the liner or sub-grade. The Owner will retest until the specified density is obtained. The cost of all re-testing will be borne by the Contractor. (Borrow site soil sample analysis by Terracon Consultants Inc. is included for the Contractor's information at the end of this section). ,-. PART 2 PRODUCTS 2.01 CLAY BORROW MATERIAL r-'. A. Select clay materials for use in the compacted clay liner shall be excavated from the cell area. All sand or other unsuitable materials shall be removed from the cell area and stockpiled as directed by the Engineer. PART 3 EXECUTION 3.01 GENERAL A. Excavate all materials encountered to depth indicated or specified; comply with State and Federal safety regulations. B. Pile excavated material suitable for backfill in an orderly manner sufficient distance back from edge of excavation to avoid roll back, slides, or cave-ins. C. Remove soil unsuitable for backfill; waste to stockpile as directed by the Engineer. D. Where new construction crosses or closely parallels existing utilities or utility services, excavate in advance; determine location and crossing arrangement including line and grade. E. Earth: all materials not classified as rock or rubble; includes clay, silt, sand, gravel, hardp~n, disintegrated shale and rock debris, junk brick, loose stones, and boulders that can be removed by use of suitable excavating equipment. r F. Rock: boulders larger than seventy-five per cent (75%) of rated capacity of excavating equipment in use or solid deposits so firmly cemented together that they cannot be removed without continuous use of pneumatic tools or blasting. G. Rubble: buried concrete foundations, beams, walls, and other materials which require continuous use of pneumatic tools or blasting. , \.,' . 'v J 'I" _'I r , L 2 '; : jr COMPACTED CLAY LINER 02779 - 2 .'"'' ..... ., ~~'. j; ...~-,; Howard R. Green Company Project No. 728170-J : - ,. ! ~ , I" j, FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa . r'l,: H. Reference to per~~htrtlaximurric:f~iri~ity shall mean a soil density not less than the stated percent of maximum density for soil as determined by ASTM 0 698, "Moisture Density Relations of Soils" Standard Proctor Method. 3.02 CLAY LINER A. Spread suitable mixtures of clay material in continuous horizontal layers of not more than eight inches in thickness prior to compaction. On-site clay materials from the excavation are to be used. B. Use clay free of rocks and miscellaneous debris; break all dirt clods. C. Bring the material to 0':'5% above optimum moisture content by wetting, drying or mixing in a manner approved by the Engineer before compaction is started. Uniformly compact with a sheepsfoot roller or other comparable equipment weighing not less than 1,000 pounds per lineal foot of tread. Obtain compaction; each succeeding eight-inch layer of fill shall be given not less than eight passes by the roller. D. Compact until 95% Standard Proctor Density is achieved. The average of all density tests must equal or exceed 91% Standard Proctor Density, and no test below 90% will be accepted. The Owner will perform all required liner compaction testing. Minimum test requirements are one (1) test per 8" lift per acre. E. Final roll the clay liner surface with a smooth roller; produce a surface with no more than 1/2" irregularity; wet as needed. 3.03 DEWATERING A Do all work in dry conditions. Provide for handling water encountered during construction. B. Prevent surface water from flowing into excavation; remove water as it accumulates. C. Divert stream flow away from areas of construction. D. Do not pump water onto adjacent property without approval of property owner. E. Do not use sanitary sewers or leachate piping for disposal of uncontaminated trench water. END OF SECTION 02779 COMPACTED CLAY LINER 02779 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02780 DRAINAGE LAYER PART 1 GENERAL 1.01 SECTION INCLUDES " -' A. Summary of Work B. Related Sections C. References D. Measurement and Payment E. Submittals F. Project Record Documents G. Project/Site Conditions and Sequencing/Scheduling H. Coordination and Meetings )7 - 1.02 SUMMARY OF WORK A. The work covered by this section includes furnishing and installing the leachate collection drainage layer, consisting of a double-sided geo-composite overlaid by shredded tires for the cell bottom, and shredded tires only for the side slopes of the proposed cell. 1.03 RELATED SECTIONS A. Section 01039 - Coordination and Meetings B. Section 01300 - Submittals C. Section 01400 - Quali!y Control D. Section 01500 - Construction Facilities and Temporary Controls E. Section 01600 - Material and Equipment F. Section 01700 - Contract Closeout G. Section 02779 - Clay Liner 1.04 REFERENCES A. Drainage Net: Material Density - ASTM D 1505, or ASTM D 792 Melt Index - ASTM 0 1238, condition E Thickness - ASTM D 5199 Carbon Black Content - ASTM D 1603 Tensile Strength - ASTM D 5035 Non-composite Transmissivity - ASTM 04716 B. Geo-textile Fabric: DRAINAGE LAYER 02780 - 1 Howard R. Green Company' Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa Unit Weight - ASTM D 5261 Grab Tensile - ASTM D 4632 Puncture - ASTM D 4833 AOS - ASTM D 4751 Non-composite Flow Rate - ASTM 0 4491 C. Tire shreds: Gradation - ASTM D 422 1.05 MEASUREMENT AND PAYMENT A. Geo-composite: Payment is based on the construction quantity, measured on the actual compacted clay liner area of the cell bottom. B. Leachate Drainage Layer (12 inches of Tire Shreds): Payment is based on construction quantity, measured on the actual compacted clay liner area of the cell bottom and side slopes, at the 12 inch design depth of in-place drainage layer material (tire shreds). 1.06 SUBMITTALS A. Submit for both the double-sided geo-composite and the tire shreds in accordance with Section 01300. 1.07 PROJECT RECORD DOCUMENTS A. Submit documents under provisions of Section 01700. ,-. 1.08 PROJECT/SITE CONDITIONS AND SEQUENCING/SCHEDULING A. Placement of the leachate drainage layer materials (geo-composite and tire shreds) shall be closely coordinated with construction of the compacted clay liner, as follows: 1. The compacted clay liner, including the leachate collection piping system, shall be completed, to include all field density testing and inspection by and receipt of approval by IDNR, prior to placement of the drainage layer system(s). 2. The finished surface of the compacted clay liner shall be intact, unaffected by vehicular traffic, erosion, or freeze-thaw, and shall be free from foreign and organic material, sharp objects, or debris of any kind, that would result in a surface that is,not satisfactory for placement of the geo-composite and/or tire shred drainage layer systems. 3. To prevent damage to the surface of the clay liner, only rubber-tired equipment may be used directly on the finished clay liner. Tire shreds may be placed and spread on the geo-composite using only track-~~t~~iP.rnent"'W9t!9rg directly on the tire shreds. [/..., Z "~ : ~ j . . { DRAINAGE LAYER 02780 - 2 '...... ..._...; 1_ r-- L_n~___ . . . >\ Howard R. Green Company Project No. 728170-J ..." , r!. , I t.;, i j i' 1'1 FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa ,-..... I;. 4. ~;p;~~~f~~~~S~~gt~~l~. S~~~d:r:~~'~~~e~;a~~~~~~~~~:~ ;hO~t ~~~5~0v::,~1~~~~~~ 2005, but that do not receive the completed drainage layer system prior to November 30, 2005, will be assumed to undergo freeze-thaw during the winter of 2005-2006. For these areas, as soon as field conditions are favorable in the spring of 2006, the surface shall be scarified to a depth of at least eight (8) inches, and re-compacted. Retesting of the re-compacted areas to determine the final field density will be required. Also,lDNR verification and approval of the re-testing will be required prior to resumption of placement of the remainder of the unfinished drainage layer in the spring of 2006. 5. Geo-composite material and tire shreds may be stored on site, in the area(s) designated on the drawings. All geo-composite stored on site shall be securely contained in the manufacturer's original plastic cover. Tire shreds stored on site shall be protected to prevent the incorporation of soil or other foreign material. Similarly, when the tire shreds are removed from the stockpile and transported to the cell area, the methods used shall ensure that soil or other foreign materials are not mixed in with the shreds. 6. All installed geo-composite shall be completely covered with tire shreds within ten (10) calendar days. 7. Storage area( s) shall be returned to their previous condition following placement of the drainage layer materials. 1.09 COORDINATION AND MEETINGS A. Coordinate work under provisions of Section 01039. PART 2 MATERIALS 2.01 DOUBLE SIDED GEO-COMPOSITE A. The double-sided geo-composite shall consist of a two-stranded, high-density polyethylene (HDPE) drainage net, sandwiched between and heat bonded to two layers of non-woven, needle punched polyester or polypropylene geo-textile fabric. The HDPE drainage net segment shall meet the standards listed in 1.04 A above, and shall have a finished thickness of 200 mils. The geo-textile fabric shall meet the standards listed in 1.04 B above, and shall have a weight of six (6) ounces per square yard. The geo-composite shall be number GC-06D-2.0, as manufactured by POLY-FLEX, Inc. or approved equal. 2.02 TIRE SHREDS A. Tire shreds shall meet the standard listed above in 1.04 C. Nominal size shall be 4 inches by 4 inches. The tire shreds shall be free from loose bead or body wires that may cause damage to the geo-composite. DRAINAGE LAYER 02780 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa PART 3 EXECUTION 3.01 PLACING DRAINAGE LAYER SYSTEMS A. Method of Placement of Geo-composite 1. Make any necessary adjustments to the finished surface of the compacted clay liner so as to make ready to receive the geo-composite and/or tire shreds. 2. Place rolls of geo-composite on the bottom compacted clay liner using a spreader bar assembly attached to a loader bucket, or by other methods approved by the manufacturer. The method used shall not damage the clay liner surface, or the geo- composite. To prevent damage to the surface of the clay liner, only rubber-tired equipment may be used directly on the finished clay liner. 3. Sandbags shall be used to secure the leading edge of the geo-composite during installation to prevent"uplift by the wind. , 4. The geo-composite shall be anchored at the edges of the cell bottom in an anchor trench as shown on the drawings. 5. Any damaged geo-composite panels shall be repaired with a patch of the same material extending at least one (1) foot beyond the damaged area. B. Field Seaming of Geo-composite 1. Geo-composite shall be overlapped a minimum of two (2) inches. 2. Non:-black plastic ties shall be used at five (5) feet intervals in the direction of the roll length and at two (2) feet intervals across the ends of the panels to secure the panels to one another. Metallic ties are not to be used. r-, C. Covering the Geo-composite and Placement of Tire Shreds 1. The geo-composite shall be covered with tire shreds as soon as possible, but not more than ten (10) days after placement. 2. To prevent damage to the surface of the clay liner, only rubber-tired equipment may be used directly on the finished clay liner. Tire shreds may be placed and spread on the geo-composite using only track-type equipment, working directly on the tire shreds. Only track-type equipment may be used to place and spread the tire shreds directly on the side slopes of the cell, again working only directly on the tire shreds. 3. Placing and spreading the tire shred cover on the geo-composite shall be done in a manner to prevent damage to the geo-composite. No construction equipment may operate directly on the geo-composite. ,- 3.02 FIELD QUALITY CONTROL ' A. Field inspection and will be performed under provisions of Section 01400. B. If inspection indicates Work does not meet specified requirements, or that material has been damaged, remove W6rk/~plage! ~d {~~l~?ect at no cost to the Owner. , 1/ ..-....,.// , . .~" .J 3.03 PROTECTION -. , G ',' ,- l',i: DRAINAGE LAYER 02780 - 4 I . ~._'._~ Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa A. Protect finished installation under provisions of Section 01500. END OF SECTION 02780 . ( (, ',-' )---' .,f-'- - DRAINAGE LAYER 02780 - 5 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02781 C&D WASTE REMOVAL AND REDISPOSAL PART 1 GENERAL 1.01 SECTION INCLUDES A. Summary of Work B. Related Sections C. References D. Measurement and Payment E. Submittals F. Project/Site Conditions G. Sequencing/Scheduling H. Operator Safety I. Coordination and Meetings ,,/ '" ,- -;.:> -- 1.02 SUMMARY OF WORK A. The work covered by this section includes excavation of existing construction and demolition (C&D) waste, and associated adjacent soil, from the general area of the northwest comer of the proposed cell, and re-disposal of this waste in the area within existing landfill cells FY 81 and FY 83, as illustrated on the drawings. 1.03 RELATED SECTIONS A. Section 01039 - Coordination and Meetings B. Section 01300 - Submittals C. Section 01500 - Construction Facilities and Temporary Controls D. Section 01700 - Contract Closeout E. Section 02920 - Surface Restoration 1.04 REFERENCES A. lOOT "Standard Specifications for Highway and Bridge Construction," latest edition and current supplements thereto. B. ASTM D2922 - Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). C. ANSI/ASTM D698 - Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.51b (2.49 Kg) Rammer and 12 inch (304.8 mm) Drop. C&D WASTE REMOVAL AND REDISPOSAL 02781 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa D. [567] Iowa Administrative Code Section 100.2 - Definitions E. [567] Iowa Administrative Code Section 100.5 - Disruption and excavation of sanitary landfills or closed dumps. F. [567] Iowa Administrative Code Section113.26 - General Requirements For All Sanitary Landfills. L__ G. [567] Iowa Administrative Code Section 113.28 - Specific Requirements For A Sanitary Landfill Proposing To Accept All Solid Waste Except Toxic Or Hazardous Waste. H. [567] Iowa Administrative Code Section 114.28 - Specific requirements for a sanitary landfill proposing to accept only construction and demolition waste. I. Title 40, Code of Federal Regulations (CFR), Part 61.150 - Standard For Waste Disposal For Manufacturing, Fabricating, Demolition, Renovation, And Spraying Operations. J. Title 40, CFR 961.154 - Standard For Active Waste Disposal Sites. K. Title 40, CFR 9 257.2 - Definitions. L. Title 40, CFR 9258.2 - Definitions. M. Title 40, CFR 9258.26 - Run-On/Run-Off Control Systems. N. Title 40, CFR 9 258.27 - Surface Water Requirements. O. Title 29, CFR 91910.120 - Hazardous Waste Operations And Emergency Response. P. Title 29, CFR 91910.1001 - Asbestos. a. Title 29, CFR 91926.55 - Gases, Vapors, Fumes, Dusts, And Mists. 1.05 A. MEASUREMENT AND PAYMENT If quantity of following item is changed from that required by Contract Documents, Contract 9.~m will be adjusted on basis of unit adjustment price set forth in Form of Bid. (',} _...... t. ~ ,..' -1. Structural Excavation, cubic yard (CY): Unit adjustment price includes all costs in -. connection with removal of material; obtaining, placing and compacting structural fill .' as specified; dewatering; sheeting, shoring, and bracing; disposal of excavated material as specified; grading; and all other incidental work. Cubic yards of structural .::.excavation defined as volume of earth in its original space within neat lines of :]}oundations and footing projections I:?~ C&D WASTE REMOVAL AND REDISPOSAL 02781 - 2 ,._-, . , Howard R. Green Company Project No. 728170-J 'f \., I I. , I ' I i I ~ t.:, . FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 'i ,~ - <- 1.06 SUBMITTALS A. Include the schedule for rernoval and re-disposal of the C&D waste in the rnaster schedule required in Section 01300, SUBMITTALS, Item 1.04. 1.07 PROJECT/SITE CONDITIONS A. Background The C&D waste to be removed and re-disposed as a part of this project originated from Urban Renewal activities in downtown Iowa City in approximately 1973. The subject waste was originally disposed in an area generally located at the northwest corner of proposed landfill cell FY 06, as shown on the drawings. The estimated fill boundary limits are as determined by exploratory drilling conducted by the City of Iowa City. A copy of the soil boring logs, and associated information, is included at the end of this section. The defined area encompasses a footprint of approximately three acres. The depth of waste varies, but based on the exploratory drilling, the quantity of C&D waste in this fill area is estimated to be approximately 35,000 cubic yards. Of this total amount, approximately 30,000 cubic yards are to be excavated and re-disposed to facilitate the construction of proposed landfill cell FY 06/07. B. Waste Characteristics The waste materials in this fill area are presumed to be only C&D wastes, generated from the demolition of buildings and related structures associated with urban renewal in Iowa City, and trees that were disposed in this same fill area. The types of waste materials involved may include those waste materials defined as Construction and Demolition Waste in [567] lAC 100.2, Definitions, (wood, metals, and rubble (including stone, brick, or similar inorganic material) which result from construction or demolition of structures, and including trees). It is presumed that the C&D waste materials may include waste lead-based paint-containing materials, and asbestos containing materials (ACM). The specific quantities of any of the aforementioned types of materials are unknown. C. Excavation and Re-disposal Operating Plan Excess earth excavation from the past construction of landfill cells FY 98 and FY 02, Phase 2 A was stockpiled on top of landfill cells FY 81 and FY 83. That earth stockpile ultimately covered some ten acres. The surcharge of the stockpile has caused consolidation of the underlying solid waste, in some areas estimated to be as much as ten feet. This earth stockpile is being steadily consumed by routine landfill operations, with the material being used as cover and for the construction of haul roads. C&D WASTE REMOVAL AND REDISPOSAL 02781 - 3 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa Following removal of the remaining earth stockpile, the intent is to restore the surface of these cells to the finished grade and slope that existed before the stockpile was created. However, removal of the entire earth stockpile will result in the creation of a large depression on the surface of these cells. The City will either have to sacrifice this remaining soil, or fill the resulting depression with approved waste to adequately restore the final grade and slope. Given the shortag'e of soil cover material at the landfill, the City applied for and has received approval from the Iowa Department of Natural resources to re-dispose of the excavated C&D waste in this stockpile area. Additional excavation of this existing stockpile in the area of landfill cells FY 81 and FY 83, where settlement has occurred, will provide sufficient volume for re-disposal of the C&D waste. The contractor shall, therefore, excavate a portion ofthis existing stockpile area, as illustrated on the drawings. The C&D waste will then be re-disposed in the depression created by excavation of the stockpile. Soil removed from the stockpile on landfill cells FY 81 and FY 83 shall be transported and p,laced along with excavation from the new cell on top of landfill cell FY 95, as shown on the drawings. Excavated C&D waste materials, including excavated immediately adjacent-soil, shall be immediately and continually transported by the Contractor to the designated re-disposal area. No interim stockpiling of any such excavated materials will be allowed. Excavation and re-disposal of irnmediately adjacent-soil will be limited to that soil which, by visual examination, appears to contain solid waste materials, or leachate from the C&D waste. No specific testing or other forms of identification to determine whether or not immediately adjacent-soil should be removed and re-disposed with the C&D waste will be required. Immediately adjacent-soil not determined to contain either C&D waste materials or leachate from the C&D waste, shall be stockpiled on landfill cell FY 95, or used as final cover on the new C&D area. Excavated soil cover material from the existing C&D fill area not containing C&D or other solid waste shall be stockpiled for use as final cover on the re-disposed C&D waste. . The planned excavation will include all of the C&D waste, all cover material over the C&D waste area, and additional soil immediately around and below the waste; at the minimum, to the horizontal and vertical limits of proposed landfill cell FY 06, as shown on the drawings. Over -excavation of C&D waste to obtain a satisfactory sub-base for the compacted clay liner for the new landfill cell will be as directed by the Engineer. 1.08 SEQUENCING/SCHEDULING ,J.,.-. <,,' ,# The general excavation and stockpiling of soil for the new cell shall progress only to the point required to obtain adequate access to the C&D waste to be excavated. At this point of the construction project, general excavation shall cease and specific excavation of the C&D vyaste materials, including the immediate-surrounding soil and cover material, shall -C<?p1mence. ,To minimize exposure of the C&D waste materials, existing cover shall be ,~re(fi9ved from the C&D fill area on a schedule only as required to obtain access to the waste being excavated, leaving un-excavatedwaste materials covered for as long as possible. c-'> .' " \.. ,. "v' ,- c C&D WASTE REMOVAL AND REDISPOSAL 02781 - 4 I I '--- t..,~,u i f -"i Howard R. Green Company Project No. 728170-J ,.:; ;!.' I "ji lit. f,: . FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa , ,....~'. \ , . . . \ Following completion of_.the excavatiorj'/~A.d re-disposal of the C&D waste, and the associated immediately adjacent-soil, routine excavation and stockpiling of soil from the cell shall continue, followed by other associated construction of the cell. For the C&D waste. a maximum of four (4) weeks will be allowed to complete the process of excavation. re-disposal and placement of final cover. 1.09 OPERATOR SAFETY There are no known hazardous wastes disposed in the C&D waste area. Further, this area is not designated as a hazardous waste disposal area, and it does not involve hazardous waste operations or emergency response as defined in 29 CFR 1910.120. It is not subject to clean-up operations required by a governmental body, whether Federal, state, local or other involving hazardous substances that are conducted at uncontrolled hazardous waste sites, or sites otherwise identified in 29 CFR 1910.120 (a) (1) (i). Finally, the site is not subject to corrective actions involving clean-up operations at sites covered by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended. The construction drawings, specifications and related contract documents for the construction of proposed landfill cell FY 06/07 require the contractor to determine the applicability of Federal, state, or local Occupational Safety and Health Administration (OSHA) regulations. The contractor (firm), and all associated sub-contractors (firms) shall assume all responsibility associated with determining the applicability of such regulations, and the associated need to develop and implement a written safety and health program for their employees involved in the excavation and re-disposal process. Further, they shall prepare and make available to their employees any required written safety and health program, including a comprehensive work plan for the site, a site-specific safety and health plan, a safety and health risk or hazard analysis for each site task and operation, appropriate employee training, employee medical surveillance, the supplying of required personal protective equipment, and ambient air testing. The contractor( s) and associated sub-contractor( s) shall implement the necessary frequency and types of air monitoring, personnel monitoring, and environmental sampling. Applicable site control measures are required, including decontamination procedures and emergency response plan meetings. Finally, the contractor(s) and sub-contractor(s) shall comply with 29 CFR 1910.120,29 CFR 1910.1001,29 CFR 1926.55, and other Federal, state and local safety and health regulations, as applicable. 1.1 0 COORDINATION AND MEETINGS A. Coordinate work under provisions of Section 01039. C&D WASTE REMOVAL AND REDISPOSAL 02781 - 5 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa PART 2 MATERIALS Not Used PART 3 EXECUTION 3.01 C&D WASTE EXCAVATION AND REDISPOSAL A. Excavation and Re-disposal Routine excavation and stockpiling of soil for the new cell shall proceed as required to access the C&D waste fill area. At this point of the construction project, general excavation shall cease and specific excavation of the C&D waste materials, including the cover material and the immediately adjacent surrounding soil, shall commence. To minimize exposure of the C&D waste materials, existing cover material shall be removed from the C&D fill area on a schedule only as required to obtain access to the waste being excavated, leaving un- excavated waste materials covered for as long as possible. Excavated waste materials, including excavated immediately adjacent-soil, shall be immediately and continually transported by the Contractor to the designated re-disposal area. No stockpiling of any such excavated materials will be allowed. Excavation and re- disposal of immediately adjacent soil will be limited to that soil which, by visual examination, appears to contain C&D waste materials, or leachate from the C&D waste. No specific testing or other forms of identification, to determine whether or not immediately adjacent soil should be removed and re-disposed with the C&D waste, will be conducted by the City or the Engineer. Excavated cover material not containing solid waste shall be stockpiled for future use as cover on the re-disposed C&D waste. The C&D waste being re-disposed shall be placed and compacted in accordance with [567] lAC 113.28 (2) a, and 114.28 (2) a. B. Covering of the Re-disposed Waste It is presumed that the C&D waste to be excavated and re-disposed will not contain any putrescible animal or vegetable wastes; however, application of daily (6"minimum) cover during the re-disposal process will be in accordance with 40 CFR Part 61.154 (c) and (c )1. As an alternative to the 6" daily soil cover, a resinous or petroleum-based dust suppression agent may be used as illustrated in 40 CFR Part61.154(c)(2). Weekly (12" minimum), and intermediate (2-feet minimum) cover shall be as required in [567] lAC 114.28 (2) (b) and (c). respectively. As an alternative to the 12" of weekly soil cover, the Contractor may elect to use a synthetic alternative cover material\~Le.: ,CQnCRv~r.~m. . ! - I 1 ..): -~ 1 I (., . : l j C&D WASTE REMOVAL AND REDISPOSAL ; t _..~.J 02781 - 6 :"'~- ; ..,~....~ .. Howard R. Green Company Project No. 728170-J ,'. I I I" ..: . ., FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa The use of alternativ~:~dd~er material~My~keferred for the daily and weeklv cover reQuired for the re-disposed C&D waste. The City currently uses Con Cover SW as daily and intermediate cover. and the Contractor is encouraQed to work with the City to utilize its equipment to place the alternative cover material. Any cost associated with the use of the City's eQuipment. labor or materials shall be reimbursed to the City bv the Contractor. The final cover will consist of two feet of soil, taken either from the existing cover on the C&D area, or from other on-site earth stockpiles. Placement of this cover material, final grading and seeding will be by the Contractor. C. Control of Run-on and Run-off As required by [567] lAC 113.26 (2) h, surface water run-on and run-off at the active C&D waste re-disposal area shall be controlled by the Contractor with drainage facilities meeting the requirements of [567] lAC 113.26 (1) f. (Also see item E below). D. Control of Dust To control dust emissions from the C&D waste being excavated and re-disposed, the Contractor shall wet the material with water prior to loading and hauling to the re-disposal area. Waste that is sufficiently wet upon excavation will not require additional wetting. 3.02 KEEPING AND MAINTENANCE OF RECORDS As noted above, excavated C&D wastes are presumed to include asbestos containing materials (ACM) and, as such, no specific testing or other forms of identification to determine the ACM content will be conducted. Also, segregation of suspected ACM-containing waste prior to re-disposal is not required. The City will maintain records documenting the site operational area ofthe re-disposed C&D waste, including coordinates location and vertical elevation keyed to site mapping, and the total quantity of re-disposed C&D waste in cubic yards. This recorded documentation will generally be as described in the Sanitary Disposal Project Permit, Section IX, General Provisions, under sub-section 13 (g) of the section authorizing the disposal of ACM wastes. Also, the coordinate (X, Y) location of the re-disposed C&D waste will be recorded by the City on 'as-built drawings for the construction of proposed landfill cell FY 06/07. No testing or other identification, or specific documentation or maintenance of records, will be completed by the City of Iowa City for the C&D waste that may contain, or is suspected of containing ACM. Except as required for maintenance of operator safety, no testing or other identification, or specific documentation or maintenance of records, need be completed by the Contractor for C&D waste that may contain, or is suspected of containing asbestos and/or waste lead- based paint-containing materials. C&D WASTE REMOVAL AND REDISPOSAL 02781 - 7 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 3.03 FIELD QUALITY CONTROL A. Field inspection will be performed under provisions of Section 01400. B. If inspection indicates Work does not meet specified requirements, or that material has been damaged, remove Work, replace and re-inspect at no cost to the Owner. 3.04 PROTECTION A. Protect finished installation under provisions of Section 01500. END OF SECTION 02781 c-'~ .of. ... ./ " (-. ~""'- \ -" t. l~_""" C&D WASTE REMOVAL AND REDISPOSAL 02781 - 8 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 02920 SURFACE RESTORATION PART1 GENERAL 1.01 SECTION INCLUDES .-- .- .' ~...'- A. References B. Measurement and Payment C. Quality Assurance D. Regulatory Requirements ).7 -~ 1.02 REFERENCES A. lOOT "Standard Specifications for Highway and Bridge Construction", latest edition and current supplements thereto. 1.03 MEASUREMENT AND PAYMENT A. Basis of Measurement: As described in the Schedule of Prices in the Form of Proposal. B. Basis of Payment: Includes labor and materials required herein to restore disturbed areas to similar or better condition than existed prior to construction. 1.04 QUALITY ASSURANCE A. The Contractor shall employ and pay for seNices of the independent testing laboratory for tests required to show compliance with the specifications. Test results shall be submitted directly to the Owner/Engineer. Selection of the testing laboratory is subject to approval of the Owner/Engineer. B. Certify that materials supplied meet the applicable specifications herein. 1.05 REGULATORY REQUIREMENTS A. Comply with all Local, State, and Federal regulations regarding erosion control and clean water regulations. SURFACE RESTORATION 02920 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa PART 2 PRODUCTS 2.01 MATERIAL A. Topsoil: Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, taken from site; free of roots, rocks larger than 1 ", subsoil, debris, large weeds, clay or impurities, plants; pH value of minimum 5.4 and maximum 7.0. B. Fertilizer: Granular type and delivered to site in the original bag in good condition for proper distribution. C. Seed Mixture: lOOT 2601.04 C. Rural Seed Mix D. Temporary Seed Mixture: (Not Applicable) E. Special Seed-Steep Slopes: (Not Applicable) F. Mulch Material: Oat straw or equivalent. G. Granular Surfacing: Class A crushed stone; lOOT 4120.04. H. Erosion Stone 1. Erosion stone, nominal 6" size. 2. Iowa DOT Gradation No. 34. 3. Iowa DOT 4130.05. r~ I I. Rip Rap 1. IDOT Class E revetment stone. PART 3 EXECUTION 3.01 FINAL GRADING A. Restore all disturbed areas to existing site contours. B. Grade around installed structures including wells, valves, and manholes to allow drainage away from each structure to prevent ponding. Elevate the surface to allow for settling. C. Perform incidental grading on site to eliminate erosion gullies and ruts, and shall provide proper cross section for drainage as directed by the Engineer. D. If ext~a earthwork fill is needr,~'. provide fill to conform to lines and grades as shown on DraWings. ": /' ':: ': . \ . /, "'. GO- l~ : ' I i "'. SURFACE RESTORATION \. 02920 - 2 ......".' Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 3.02 PREPARATION OF SEED BED A. Areas Accessible to Machinery: Thoroughly work areas accessible to field machinery to a depth of not less than 3". Soil brought to a loose, friable condition, and picked free of rocks and concrete chunks in excess of 1" diameter. Where weed growth has developed extensively, use of a disk is allowed to disk these weeds into the ground if the weeds can be completely covered by this method. B. Areas Inaccessible to Machinery: Prepare areas inaccessible to field machinery by hand to a depth of not less than 1-1/2". The soil shall be brought to a loose friable condition. C. The seedbed shall be inspected and approved by the Engineer prior to seeding. 3.03 FERTILIZATION A. Rate of Fertilizer: Spread fertilizer uniformly at a rate of 650 pounds per acre of 15-15-15 commercial fertilizer or equivalent per acre. B. Fertilize all areas to be seeded. 3.04 SEEDING A. Seeding Dates: Spring seeding dates shall be between March 1 st and May 30th. Fall seeding dates shall be between August 10th and September 30th. Legumes shall only be seeded during Spring planting season before April 15th. B. Method of Seeding: On areas accessible to field machinery, all grasses and legume seed will be applied with a seed drill with a no till attachment. Hydraulic seeder on areas inaccessible to field machinery. C. Guarantee: If less than 50% of seed fails to become established and sUNive to the next season in any given area three (3) square feet or larger, the Contractor shall be responsible for preparing the seed bed and reseeding as specified in Section 02920. 3.05 MULCHING A. Mulch all seeded areas as soon as seed is applied. B. Rate: Apply mulch material at a rate of two tons per acre. C. Application of Mulch: With exception to Crownvetch, the mulching shall be the final operation of seeding. Evenly and uniformly distribute and anchor the mulch into the soil. Anchor mulch into soil by means of dull blades or di~q\ .~ '~ \ ,~,; \-1 " SURFACE RESTORATION \ \, \ ' ., ,,,' " \ \ (,1 02920 - 3 j. Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 3.06 GRANULAR SURFACING A. Temporary Accesses: Compact and shape subgrade to drain, place and maintain all weather surface capable of providing two way access to emergency vehicles and landfill vehicles. B. Permanent Accesses and existing granular surfaced alley (winter shutdown and permanent): Compact and shape subgrade to drain, place granular surfacing a minimum 6" thick, uniformly spread and compact material; maintain surfacing until project acceptance. END OF SECTION 02920 - "'< -." ..- ,-,,/ ~. \.....) , ' ". 1 "I SURFACE RESTORATION 02920 - 4 ~ I ,? . \ \: ,- \ > , r~, . ...\ ~ W r- Zz Wo o- r- ~o<( Z:J r-or-Q - > tn ~ OoZ>~ <(Wo~o ~~OON OCJ<( -ZJ~ <(Wo JU- JU) _0 u.> Cu. Z <( J z >, 0 f- C <( m u Q 0 E ---1 I- a u U w -") 0 C a: CD 0... ~ U 0:::: u L m 3 I x w o z [f) lQ Q: 5 [f) 5 ~ ~ ~ ~ ~ ~ fi1 ~ fi1 [f) [f) ':!: [f) fn ~ 8 ~ ~ ~ :;! ~ o ~ ~ F ~ <( <( 5 ~ ~ ~ ~ ~ ~ D. ~ ~ ~ ~ 15 :g :g ~ z F ~ ~ i!: ~ ~ 2i 2i ~ 0 ~ ~ ~ [f) ~ ~~~~(f)ozffitn o 000 ::l ~ ~ oil oil ~ ~ ffi ~ Cl. U u a.. 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III C Z 0 ~ ~ g % 0 0:: 5 0:: ~ IX) g ! 0 0:: ~ ~ 0 '" 0 '" ~ ~ ~ in ~..,: 8 ~ ... ~ -q '" -q :J: .0 :J: .0 VI N III N 1-- ~ N 8;; 5 in g. I- III ~8 Cl. <0 Cl. ;0 0 '" '" Q -< ~ '" ~ Q < ~ '" '" VI C)~cn VI ",~CJ) %-0 % - 0 I- ~,-,I- I- ~,-,I- % "'%0 % "'%0 '" ::l!~~ '" ::l!~~ ::l! ::l! % ~:!~ i3 "''''u '-' % ::l! < ~ ~ ~ '" ~ . li;~~gj ~ zo15 ~ aE!U~ o~UI- -~ ",,,,,,,g -~ UJ W g Oicmo:: ...I ~OCDQ: ...I " ::>W~CL ~ ::l! ::>w~a.. ::> 5~ 0 ::> 50i 0 ~ ::l! ~ ::l! Z ~~"'~ Z ~~"'~ 2 u ::l ~ 0 [ 2 u ::l ~ 0 ;: :0 u -< i:i: ~ u '", u;C;:li; III III ~ ~ ~ '" ~~~ VI ~~~ ~ ~ ~ ~ ~ "'u It: "'u It: '" lQ...~ III VI '" '" ~ o::...~ ~ ::>0 W III ::>0 8~a6 8~cb VI 0 u ~ VI z ~~ ",0::::> ~ ",0::::> W ~1 ~8V} ~ ~811l u 5 go:: w ~ in "'~ VI '-'0 . Cl. . Cl. '" "'0 "'0 1-,1- 1-1- U. U. ::>'" ::>'" ~ < ~< % % 0 0 U U ~ ~ ci Z :J: U % '" I!: 0:: 0 :J: lD ~ :J: illl :~~~ ~ ~ 3 3 Prepared by: Daniel Scott, Engineering, 410 E. Washington St, Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. OS-??7 RESOLUTION SETTING A PUBLIC HEARING ON JULY 19, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FY06 CELL CONSTRUCTION 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: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned projects to be held on the 19th day of July, 2005, 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 11 th day of .Tuly ,20 0') ~~. ;;f~ - MAYOR ATTEST:~,(. ~J CITY ERK Approved by ~~ CI Y A orne '5 Office 7/(/~s It was moved by Vanderhoef and seconded by O'nonnel.' be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: ~, X Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn X X X X X 11' pweng/res/landfillcel106.doc ADVERTISEMENT FOR BIDS FY06 CELL CONSTRUCTION PROJECT 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 16th day of August, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. 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 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 16th day of August, 2005, or at such later time and place as may be scheduled. The Project will involve the following: FY06 Cell Construction at the Iowa City Landfill and Recycling Center. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 8710 Earhart Lane S.W., P.O. Box 900, Cedar Rapids, IA 52409-9009, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, lOW A, 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 maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds 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 fumish 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: June 30, 2006 Liquidated Damages: $1,000.00 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, 8710 Earhart Lane S.W., P.O. Box 900, Cedar Rapids, IA 52409-9009, by bona fide bidders. A $100.00 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. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the 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 required 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 o:-5~ (j , .('1, Prepared by Daniel Scott, Sr. Civil Engr., Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. O'l-?4 i RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FY06 CELL CONSTRUCTION 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 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 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. 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 City Hall, until 10:30 a.m. on the 16th day of August, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids Will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. HaNat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 16th day of August, 2005, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 19th day of July ,20 05 ~(Al~ L.). ~4- OR Approved by - ATTEST: 7Jt~ i! ~ CITY CtERK H~~ 7/i,lDs- City Attorney's Office Resolution No. 05-243 Page 2 It was moved by V:mnprnnpf and seconded by adopted, and upon roll call there were: AYES: NAYS: x X X X X X pweng/resl06cellconstructdoc Elliott the Resolution be ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef x Wilburn Printer's Fee $ It fl f.., ~ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ill # 42-0330670 I, Orlene Maher, 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 I times(s), on the following dates(s): ~J~d-J4/ :J--0o5 _~OQu~ ~a1v.-/ Legal Clerk Subscribed and sworn to before me this 15-ih day of ~ A.D. 20 0<) '-:;L -=I ~ . Notary Public f..~ ....._..i.tul.....;;.~on l'~Lir,DGi /32619 My Commisalon Expires .-....y %1, 2008 OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMAT- ED COST FOR THE FY06 CELL CON- STRUCTION PROJECT IN THE CITY OF IOWA CITY,IOWA 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, Iqwa, will con-duct a public hearing on plans, specifications, form of contract and estI- mated cost for the con,struction of the FY06 Cell Construction Project in said City at 7:00 p.m. on the 19th day of July, 2005, said meeting to be held in the Emma J. HaMt Hall in the City Hall 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 con, tract and estimated cost ara now on file in I the office of the City Clerk in the City Hall ! in Iowa City, Iowa, and may be inspected , by, any interest-ed 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, specifi- ca.tions, contract or the cost of making said Improvement. This notice is given by order of the City Coun-cil ofthe City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK 60091 July 14, 2005 11" LlNlMkRO'iZ - ~ ~r~h.J'*r'*-'8 , ~.... I fi:....".,. l',"'!r-~ r~"'''l., ~ -' .,. , ~ Comrr'. . ":.~. r r". Printer's Fee $ S<l.3<6 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ill # 42-0330670 I, Orlene Maher, 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 J times(s), on the following dates(s): J u \- 'J :l (") ()..()()5 ~QaAAQ ~ Legal Clerk Subscribed and sworn to before me this d~ day of cl.Q'1- A.D. 20 D'S"'. 0 ~21/1,a( Notary Public .--.... ... ,,:.2DAKROTZ '::;:;-;:n::::cn Number 732818 My Commission ,ExpirII January 27. llQOI 1.; 'j ~. ~o;;? 1- OFFICIAL PUBLICATION ADVERTISEMENT FOR BIDS FY06 CELL CONSTRUCTION PROJECT IOWA CITY LANDFILL AND RECYCUNq CENTER Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 16th day of August, 2005, or at a later date and/or time as detennined by the Director of Public Works or designee, with notice of said later date and/or time to be pub- lished as required by law. Sealed propos- als 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 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 16th day of August, 2005. or at such later time and place as may be scheduled. The Project will involve the following: FY06 Cell Construction at the Iowa City Landfill and Recycling Center. All work is to be done in strict compli- ance with the plans and specifications prepared by Howard R. Green Company. 8710 Earhart Lane S.W., P.O. BOX 900, Cedar Rapids, IA 52409-9009, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a fonn furnished by the City and must be accompanied in a sealed envelope, sep- arate from the one containing the pro- posal, by a bid bond executed by a cor- poration authorized to contract a$ a sure- ty 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 perfonnance of the contract and maintenance of said Project, if required, pursuant to the provi, sions 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)calen- dar 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 10 fumish 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 f--. l:- of all materials and labor, and also pre>' tect and save hannless 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 . completron and formal acceptance by the City Council. The following limitations shall apply to this Project Completion Date: June 30, 2006 Uquidated Damages: $1,000.00 per day The plans, specifications and proposed contract cJocuments may be examined at the office of the City Clerk. Copies of said plans and specifications and fonn of pro- posal blanks may be secured at the Office of Howard R. Green Company, 8710 Earhart Lane S.W., P.O. BOx 900, Cedar Rapids, IA 52409-9009. by bona fide bidders. A $100.00 non-refundable fee is required for each set of plans and speci- fications provided to bidders or other interested persons. The fee shall be in the fonn of a check, made payable to Howard R. Green Company. Prospective biddllrs are advised that the City of Iowa City desires to employ minor- ity contractors and subcontractors on City projects. A listing of minority contrac- tors can be obtained from the Iowa' Deparllflent of Economic Development at (515)242-4721 and the Iowa Department of Transportation Contracts OffICe . at (515) 239-1422. Bidders shall list on the Fonn of Proposal the names of persons, finns, 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 contract shall submit a list on the Fonn of Agreement of the proposed subcontrac- tors, together with quantities, unit prices and extended dollar amounts. By virtue of stalutO/}' authority, prefer, ence must be given to products and pro- visions 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 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 irregular, ilies. Published upon order of the City Council of Iowa City, Iowa. MARIAN K KARR, CITY CLERK 60110 July 26, 2005 ----~7" \ J ~\l Prepared by: Dan Scott, Sr. Civil Engineer, 410 E. Washington S1., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 05-282 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY LANDFILL FY06 CELL CONSTRUCTION PROJECT. WHEREAS, JB Holland Construction of Decorah, Iowa has submitted the lowest responsible bid of $1,249,918.53 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to JB Holland Construction, 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. Passed and approved this 16th day of August ,20 05 ~~ fL~ AYOR ATTEST: ~ ~ ~) CITY CLERK Approved by ~ I/fl:ituI ~ City Attorney's Office '<61t te Ie> s.- It was moved by O'Donnell and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Bailey the Resolution be ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pweng\res~andfillfy06cell.doc Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa SECTION 00500 FORM OF AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and JB Holland Construction, Inc. ("Contractor"). Whereas the City has prepared certain plans, specifications, proposal and bid documents dated the ~ day of AIIISI/I~+ , 200:> , for FY06 Cell Construction, Iowa City Landfill and Recycling Center ("Project"), and Whereas, said plans, specifications, proposal and bid documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby accepts the attached proposal and bid documents of the Contractor for the Project, and for the sums listed therein. 2. This Agreement consists of the following component parts which are incorporated herein by reference: a. Addenda Numbers b. Plans; c. Specifications; d. Advertisement for Bids; e. Note to Bidders; f. Restriction on Non-Resident Bidding on Non-Federal-Aid Projects; g. Contract Compliance Program (Anti-Discrimination Require~ts); h. Instructions to Bidders; ;Eo i. Form of Proposal and Bid Documents; ):> -J j. Notice of Award; 0--< k. Performance and Payment Bond; ;:<!p I. City of Iowa City General Conditions; ~ m m. Supplementary Conditions; and O~ n. This Instrument (Form of Agreement). ~ o 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. r-.,) c:::t c:::;o c.n en r'T1 -0 Tl N r- r ):10 rn :J: 0 - .. FORM OF AGREEMENT 00500 - 1 Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa City, Iowa 3. The names of subcontractors approved by City, together with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): Thurn Seedinq, 16978 Asburv Road. Dubuque. IA 52002 Contract Item: Item 25. Seedina. Fertilizinq & Mulchina 35 Acre @ $615.00/Acre Contract Item: Item 26. Bales for Erosion Control 615 LF @ $2.50/LF Total Subcontract: $ 23.057.50 f'o,,;) o ~ ~Q ~ 4. Payments are to be made to the Contractor in accordance with the cS)Jp:gle~taf I I Conditions. ~ ~ : m O~ = 0 DATED this Il/a.. day of ~(;(sl- ,20 OJ''. ~ .. c ~-~/. 4/~- CONTRACTOR ~:~~~ (Title) Vice PresidentlSecretarvlTreasurer Mayor ka--^A ) City Clerk Title Controller (Company Official) ATTEST: YheL~~ ~. ATTEST: Approved By: K~ cr~,1J.r City A:f:.~ffi~e END OF AGREEMENT FORM OF AGREEMENT 00500 - 2 Mowarc! R. Green Company Project No, 728110.J FY06 Cell Construction Iowa City Landfill and Recycling Center Iowa CiLy, Iowa SECTION 00610 PERFORMANCe AND PAYMENT BOND JB Holland Construction, Inc. (insert the name and address or legal title of the Contractor) Principal. hereinafter called ~he Contractor an~ Merchants Bonding Company (Mutual) as Surety, hereinafter ,2S (here insert the legal title of the Surety) caned the ~urety, are held and firmly bound u!oto the' City of Iowa City, Iowa. as obligee, h~elnafter call~d the. Owner;" in the amount of One Million Two Hundred Forty Nine Thousand - NIne Hundred EIghteen and 5,,/100 dollars ($ 1,2l1.9.918 53/100 ) for .the payment for which Contractor and Surety 'nereby bind themselves, their heirs, executors, administrators. successor:s and assigns. jointly and severalty. WHEREAS, COntl'actor has. as of . entered into 2. written (date) Agreement with Owner fc r the FY06 Cell Construction Project; ana WHEREAS, the Agreement requires execution of this Perfo:mance and Payment Bond, to be completed by ,Contractor.. in accordance with plans and speCifiCations prepared by Howard R. Green Compary, which Agreement fs by reference. made a part hereof: and the agreed-upon work is hereafter referred to as the Project NOW, THEREFORE. THE COf\DITJONS OF. THI~ OBLIGATlON are such that. if Contractor shall promptly and faithfully perform said Agreement. then the obligation of this bend shall he nlJlI and void; otherVJise it shall remain in full force and effect until satisfactory completion of the Project . A. The surety hereby waives notice o~ any alteration or extension of time made by the Owner. B. Whenever Contractor shalt be, and 'is declared by Owner to be, in default under the Agreement. the ONner having performed Owners obligations thereunder, the Surety may promptly remedy the default. or shall promp~ . 1. Complete the Projec~ in accoi-dance with the terms and Agreement. or - ~ condjtlo~ of t"@ ~O ~ 0::2 ~ =io ,-< hi :J:IIo -:0 :x Qx = s;: .. PERFORMANCE & PAYMENT BOND JJ r m o c Howard R. Green Company Project No. 728170-J FY06 Cell Construction Iowa City Landfill and Recyeling Center Iowa City,lowa 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 b~tween such bidder and Owner, and ma~e available, as work progresses (even though there may be a default or a sU~ssioh of defauits 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 alT!o~nt set forth in the first paragraph hereof. The term "balance of the Contract Price ,\' as u~ed in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, t0geth~r with any.addenda and/or . amendments . there~o,' less the. amount properly paid by Owner' to Contractor. C. The Contractor and Contractor's Surety shalj be .obligateq to keep the. improvements covered by this bond in good repair for a period' of One year (1) years from the date of formal acceptance of the improvements by the. Owner, 0, No right of action shall accrue to 9r 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, ro.:J 0 = = ~O c:.n en I"T1 0=2 ." 11 N r -0 ~r;; ;bit m -:0 :x 0 ~^ - .. )> <:) PERFORMANCE,& PAYMENT BOND '00610 - 2 Howard R. Green Company Project No. 72S170.J FY06 Cell Consrtuction Iowa City Landfill and Recycling Center Iowa City. Iowa 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' Principars subcontractors, all claims dt,le them for labor performed or materials furnished in the performanCe of the Agreement for whose benefit this bond is. give!": 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 IN THE PRESENCE OF: PERFORMANCE & PAYMENT BOND DAY OF ,2005. Des Moines, IA 50309 (City, State; Zip) 515-309-6219 '(Phone) o ~O -l 0-< -0 ,=<! r m -:0 ~^ )> 00810 - 3 ....., c::;, c::;, c.n en FTl -0 N ,- 'FJ r- m o 2:a :x - - .. o I Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a oolporaUon duly organized under the laws of the Slate of Iowa, and having lis principal office In the City of Des MoInes, County of Polk, Slale of Iowa, hath made, consUluled and appointed, and does by these presenls make, conslllule and appolnl Terry A. Schultz, Dione R. Young, Bnny A. McGee, John W. Abrold, John R. Fay, Jennifer Stnrlc, Karlene Kentner, Matt FIlY of Des Moines and Stale of Iowa Its true and lawful Attorney-in-Fact, with full power and authority hereby conferred In Its name, place and slead, to sign. execule, acknowledge and deHver in lis behalf as surety any and all bonds, undertakings, recognizances or other wrilten obligations In the nature thereof, subjeclto the IImltaUon that any such Instrumenl shall not exceed the amount of: ' TWO MILLION FIVE HUNDRED THOUSAND (52,500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as If such bond or undertakIng was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby raUfied and confirmed. ThIs Power-of-Allomey Is made and execuled pursuenlto and by authority of the following Amended SubsUtuted and Restated By- Laws adoptad by the Board of Directors oftha MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The ChaIrman of the Board or Presidenl or any Vice Presldenl or Secretary shall have p~!lnd authority to appoint Attorneys-In-Fact, and 10 authorize them 10 execute on behalf of the Company, and allach the Seal W3he Company therelo, bonds and undertakings. recognizances, contracts of Indemnity and other wriUngs obH99 In the rfiF,re thereof. ~ (/) ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be a fa~e to any Power of Attorney or CertificaUon thereof authorizing the execuUon and delivery of any bond ertal5liiQ, recognizance, or other suretyship obligations of the Company, and such signature and seal when so usaGal1 hawJlip same force and effect as though manually fixed. 2. P In Wllness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused thasa presents to be signed by ItS P~n14 Its corporale seal 10 be herelo affixed, this 1st day of seplember, 2004, Q::O _ ....... ~?:- - ... ~~~~~.~~~;... MERCHANTS BONDING COMPA~MUTU~ .<b~..~\\PO-9~'.~.. 0 . . c;.) "',.A'.;..t.. -GI):~ fI'" 0 :~:- -0- 0:-- . ~~ 1933 ::::: . .J'.. . c:::-. · -~'. .' :Y. o. ~.. ...~t:::. ..~Ii'."'.. "... .. -ct . ....... STATE OF IOWA COUNTY OF POLK ss. 11 - ~ o ~ ~ 7.,L Pres On this 1s1 day ofseplember, 2004, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he Is President of tha MERCHANTS BONDING COMPANY (MUTUAL), the corporaUon desalbed In the foregoing Instrumen~ and that \he Seal affixed 10 the said Inslrument Is the Corporals Seal of the said CorporaUon and that the said Instrumenl was signed and sealed In behalf of said Corporation by authority of lis Board of Directors. In Testimony Whereof, I have hereunto &at my hand and affixed my OffIcIal Seal althe City of Des Moines, Iowa, the day and year first above wriUen. @ CINDY SMYTH . 'r Commission Number 173504 DOl My Comml&slon ExDlros March 16, 200S STATE OF IOWA COUNTY OF POLK ss, &'1~ Notary PubIk:, Polk County, ICNifJ I. William Warner, Jr" Secretaly of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing Is a true and correct copy of the POWER-oF-ATTORNEY executed by saId MERCHANTS BONDING COMPANY (MUlUAL), which is sUllln full force and elfecl and has nol been amended or revoked, In Witness Whereof, I have hereunto sel my hand and affixed the seal of the Company on this POA 0001 (9/04) ....... o. ~~G Co.. .. ~~......... ""~..o ..~..~\\PO-9..;;..~.. - . ~ ........;..t.. .f!::;;e -0- fI". . :z:- 0:-- . ~:. 1933 ;==: .~. . C::-o . v'. .. :Y. o ~. .~~. 0.. '.:Jif. ...... 'i0..- .. * . ....... day of ,2005, j;/~~~~, Seas/81Y ACORD. CERTIFICA TE OF LIABILITY INSURANCE OP 10 3~ DATE (MMIDDIYYYYI HOLLA-3 08/30/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Millhiser Smith Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3100 Oakland Road NE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 3100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cedar Rapids XA 52406-3100 Phone: 319-365-8611 Fax:319-365-6919 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A General Casualty Ins. Cos, INSURER B: Accident Fund Ins Company J B Holland Construction INSURER C: com~any Inc 209 H1ghwas 9 West INSURER 0 Decorah IA 2101 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING />NY REQUIREMENT. TERM OR CONDITION OF />NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSUR/>NCE AFFORDED BY THE POLICiES DESCRiBED HEREiN is SUBJECT TO Al.L THE TERMS. EXCLUSIONS />ND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I"LTR NsRt TYPE OF INSURANCE POLICY NUMBER DATE (MMlDDIYYI DATE (MM/DDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 f-- A ~ COMMERCIAl. GENERAl. LIABILITY CCI0263911 07/19/05 07/19/06 PREMISES (Ee occurence) $ 100,000 f-- tJ CLAIMS MADE ~ OCCUR MED EXP (Anyone P'lrson) $ 5,000 PERSONAL & MJV INJURY Sl,OOO,OOO- f-- GENERAL AGGREGATE $2,000,000' f-- GENt AGGREGATE LIMIT APPLIES PER: PRODUCTS, COMPJOP AGG $ 1,000,000 II POLICY IXl ~8T n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f-- $1,000,000. A ~ />NY AUTO CBA0263911 07/19/05 07/19/06 (Ee eccident) Al.L OWNED AUTOS BODILY INJURY f-- (Per person) $ SCHEDULED AUTOS f-- ~ HIRED AUTOS BODILY INJURY 1; (Per eccident) $ ~ NON-OWNED AUTOS f-- PROPERTY DAMAGE S (Per eccident) GARAGE LIABILITY AUTO ON.. y. EAACCIDENT $ R />NY AUTO , OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCC~ENCE S4,OOO,OOO A ~ OCCUR D ClAIMS MADE CCI0263911 07/19/05 07/19/06 AGGREGATE S4,OOO,OOO $ =xl DEDUCTIBLE $ X RETENTION sO S WORKERS COMPENSAnoN />ND X IrORY LIMITS I IVER A EMPlOYERS' lIABILITY WC5091848 07/19/05 07/19/06 $ 500,000 />NY PROPRIETORIPARTNERlEXECUTIVE EL EACH ACCIDENT OFFICERlMEMBER EXCLUDED? E.L. DISEASE, EA EMPLOYEE S 500,000 . ~~~,~s~~~V~~~~S below E.L. DISEASE, P~ LIMIT s.500,OOO OTHER ~ :s CI'i :s.Q ~ ,-.."S ......: DESCRIPTION OF OPERATIONS J LOCATIONS J VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS ::...:: I\) -!J Additional Insured: (owner) City of Iowa City (Engineer) Howard R Green;:;;! 0 - r- Project: FY06 Cell Contruction, Iowa City Landfill and Recycling center,' Fn .b. FE Iowa City, IA C5::xJ ~ ~~ - - );. " - '-' CERTIFICATE HOLDER CANCELLATION IOWAC-1 SHOULD ANi OF THE ABOVE DESCRIBED POLICIES BE CANCEUED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL 10 DAYS WRITTEN - City of Iowa City NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Building Oept IMPOSE NO OBLIGATION OR LIABILITY OF ft.N( KIND UPON THE INSURER, ITS AGENTS OR Ci ty Hall REPRESENTATIVES. Iowa City IA 52240 AUTHORIZED REPRESENTATIVE Randv L Price ACORD 2S (2001/08) @ACORD CORPORATION 1988 p.~\ , ~ -. L1L..J Prepared by: Kumi Morris, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044 RESOLUTION NO. 06-178 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 SHIVE HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE EASTSIDE RECYCLING CENTER PROJECT. WHEREAS, the City of Iowa City desires to develop a recycling center on a purchased site located at 2401 Scott Boulevard; and WHEREAS, the above mentioned project will entail generation of a phasing plan with a refined cost estimate, topographic survey and LEED study; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary design to cost opinion for construction of the Eastside Recycling Center Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Shive-Hattery, Inc., to provide said services; and WHEREAS, it is in the public interest to enter'into said Consultant Agreement with Shive-Hattery, Inc. 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 in triplicate. Passed and approved this 12th dayof De~ .2006~ C l r- M OR - . Approv d by ~ -- ATTEST: ~~,.,~ ~ CI ERK ' r2./'tbtP pwenglmasterslRes-eastsiderecyclingcenter,doc Resolution No. Page 2 06-378 It was moved by Champion and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: x x x "X X X X ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 'r> CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 10th day of November, 2006, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. Whereas the City seeks to develop a recycling center on a purchased site located at 2401 Scott Boulevard consisting of the following preliminary list of functions: . Habitat ReStore . Electronic Waste Facility . Furniture Project . Sand/Salt Storage Facility . Salvage Barn . Concrete Truck Wash Station . Recycling Drop Site . Bulk Water Distribution Station . Oil Drop Site . Education Area . Compost Station . Administrative Spaces . Wood Chip Station . Household Hazardous Waste Trailer 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. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Pre-DesiQn: Pre-design services are those necessary to establish the programmatic, financial and time requirements and limitations for the project. The pre-design services for this project shall consist of: 1. Programming - Develop detailed needs for each functional component of the project and establish overall owner goals and objectives. This will include working with the project committee, individual activities' representatives, maintenance personnel, City representatives, and others designated by the City. 2. Site Topography SUNey - A site survey shall be performed that incorporates the entire proposed parcel plus the extent of adjacent properties and rights-of-way as needed for subsequent design of the project. A metes and boundary survey shall be provided by 'the City. 3. Existing Building Exterior - Research and review the information available involving the exterior massing and materials of the existing City-owner building now occupied by the tenant, Iowa Valley Habitat for Humanity. The purpose is to identify and document existing conditions that could significantly affect the design concept for the improvement of the exterior of the building and for compatibility with the design concept of the other new buildings. East Side Recycling Center Page 1 of 5 1 06171-0 -2- 4. Geotechnical Investigation - Investigate the soil properties to assist in the foundation evaluation of the proposed addition. The physical soil testing service will be subcontracted by Shive-Hattery to a local soils consultant. 5. Public Presentations - Prepare rendered presentation quality drawings and other documents for meetings including the City Council and staff. Schematic Design: Based on the approved conceptual design and program documents, prepare schematic design documents for all phases of the project identified in the Conceptual Study Report, dated November 8, 2006. The deliverables will consist of the following: (1) A presentation quality, rendered site plan and schematic engineering site plans depicting vehicular circulation, site layout, grading, and utility schematics. (2) A presentation quality floor plan for each of the proposed buildings or enclosures. (3) A set of presentation quality elevations for the proposed new buildings and above grade enclosures, and the existing building exterior. (4) A schematic design narrative to accompany drawings and indicate preliminary background information and design concepts forming the basis for the project design. This will include a preliminary phasing approach. (5) An update of the project cost opinion based on the approved schematic design drawings. This will include anticipated costs for construction, design, administration, and other related expenses. (6) A summary report containing a preliminary assessment of the project's potential for LEED certification. This will be the result of a meeting with a multi-disciplined design team and owner representatives in which the US Green Building Council's LEED Rating System, version 2.2 will be reviewed. SeNices bv the City The City shall provide legal, accounting/financial/appraisal and insurance counseling seNices that may be necessary. The City shall provide identification and removal of hazardous substances and Phase II site evaluation and remediation. The City shall provide for the vacation of easements which may be removed during the development of the project and shall provide consultant with all legal descriptions related to the property and any covenants affecting development of the site. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown: Pre-design Schematic Design Cost Opinion Total 2 weeks (topo at 4 weeks) 4 weeks 2 weeks 8 weeks The seNices shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the scope of seNices, with a mutually agreed upon schedule. - 3- III. 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, gender identity, 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, gender identity, 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 shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend 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 furnish 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 -4- 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 shall 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 acknowledged 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. 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 The City will compensate the Consultant the following lump sum, payable in phases for the above-described design services: Pre-DesiQn Programming Site Topography SUNey Existing Building Exterior Documentation Geotechnical Investigation Public Presentations Total Pre-Design Fee Schematic DesiQn Schematic design documents Schematic design narrative Cost opinion update LEED Assessment Total Schematic Design Fee Total Services Fee $8,000 5,500 1,000 5,000 600 $20,100 $35,000 2,000 2,500 4,000 ~43,500 $63,600 In addition to this fee, our project-related expenses will be reimbursed at our Standard Hourly Fee Schedule in effect at the time the services are performed. We anticipate the reimbursable expenses (e.g., printing, reproductions, and mileage) will be the following amount: Reimbursable Expenses (allowance) $500 (in addition to the Fee) - 5- Should reimbursable expenses exceed this amount, the Consultant will notify the City in advance for the City's authorization. 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. FOR~ By ~LJ A FOR THE CONSULTANT , Title: Mayor Do las J. DuCharme, AlA, LEED AP Title: Architect Date: n~cp.mh~r 1?, ?()()h Date: November 10,2006 ATTEST: '~~ ~~ City lerk Approved by: ~~ City Attorney's Office I ~ '-+/tP'-" Date pwlformslconsagmt.frm ,~ ! -~= -....at :.-.r""'- -.... ~~~!e "~_"'~__ ......, -- ~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT October 23, 2007 City Clerk City of Iowa City, Iowa Re: Landfill FY06 Cell Construction Project Dear City Clerk: I hereby certify that the construction of the Landfill FY06 Cell Construction Project has been completed by J. B. Holland Construction of Decorah, Iowa in substantial accordance with the plans and specifications prepared by H. R. Green Company. The final contract price is $1,354,635.73. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~J?: r Ronald R. Knoche, P.E. City Engineer pweng/engrpt-Iandfill FY06.doc R,o' .:.J n:: Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 07-329 RESOLUTION ACCEPTING THE WORK FOR THE LANDFILL FY06 CELL CONSTRUCTION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Landfill FY06 Cell Construction Project, as included in a contract between the City of Iowa City and J. B. Holland Construction, Inc. of Decorah, Iowa, dated August 15, 2005, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $1,354,635.73. 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 27th day of November ,20 07 ~(~L MAYOR - Approved by ATTEST: ~~ ~_' ~~ CITY LERK ~:a.~,~ City Attorney's Office I' ~r/~) It was moved by r.orrp;,q and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x -x- Bailey Champion _ I Correia X Elliott O'Donnell Vanderhoef Wilburn x x X pwenglresllandfill FY06.doc