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LANDFILL GAS FLARE REPLACEMENT PROJECT/2015
LANDFILL GAS FLARE REPLACEMENT PROJECT/2015 C -f t rLC.7 GQ4i Yl,9 o(�" VQr7—� _ � LAS ���—� ! ���'�fi �'( /moi �.-, i ir. %�/`�'_ l�iQ r"�/✓( ii ��Yl M r t� j 1-i?1A2-i�� /��S' # �S-!., 2- , c�v�r_r�i/ic, Cc�•zfi�c,7� I :.k •n-f?7(o1�T�hP L�X)-r l� ii �. 1 I- 1 r/I \-e VCO - / A BARKER . - ENGINEERING CONSULTANTS January 9, 2015 Mr. Daniel Scott, Project Engineer City of Iowa City 410 East Washington Street Iowa City, Iowa 52246 RE: Enclosed LFG Ground Flare Station Replacement City of Iowa City Sanitary Landfill Permit No. 52 -SDP -01-72P Project No. IACLF 14002 Dear Dan: BARKER LEMAR ENGINEERING CONSULTANTS (BARKER LEMAR) has prepared the Project Manual and Plans for the above -referenced project. The Engineer's Opinion of Probable Cost for this project is $482,100. If you have any questions or comments, please contact us at (515) 256-8814. Sincerely, BARKER LEMAR ENGINEERING CONSULTANTS Brian L. Rath, P.E. C.J. Lag Project Manager Project a er Copies: Addressee Dave Elias Jon Thomas File Electronic File M tIACLYt14002 - LFG we7lfiefd Balance and Phase 1 EvalualiorlDocwnentslTasl< 4 - Poepare Pirvect manualIgpv OpinionlLfr-201501 UU-Opirinn, docx 1601 INEUSTRIAL CIRCLE • WEST DES MOINES, IOWA 50265 • 515.256.8814 • 515.256.0152 [f) • www.harkerlemar. com ENL IN E ERI N G CON S LJ LTANTS Project Manual and Drawings for City of Iowa City Sanitary Landfill Enclosed Landfill Gas Ground Flare Station Replacement Iowa City, Iowa Project No. IACLF 14002 January 2015 1801 Industrial Circle, West Des Moines, IA 50265 (515) 256.8814 Fax (515) 256-0152 N O G31 ^q .a,7{�- N X- 1801 Industrial Circle, West Des Moines, IA 50265 (515) 256.8814 Fax (515) 256-0152 OWNERSHIP OF DOCUMENT This document, and the ideas and designs incorporated herein, as an instrument of professional service, is the property of Barker Lemar Engineering Consultants and is not to be used, in whole or in part, for any other project without the written authorization of Barker Lemar. PROJECT MANUAL AND DRAWINGS FOR CITY OF IOWA CITY SANITARY LANDFILL ENCLOSED LANDFILL GAS GROUND FLARE STATION REPLACEMENT IOWA CITY, IOWA PROJECT NO. IACLF 14002 1aq+„p, I hereby certify that this engineering document was prepared by me or under my ¢ODES direct persona"upervision and that I am a duly licensed Professional Engineer 2 under the I Lthe State of I7 Date: cc BRt4N L. O Brian L. Rath, P.E. W RAIN rnLicense No. 14659 Rath U My license renewal date is December 31, Z6/6 Pages or sheets covered by this seal: rOW A All. TABLE OF CONTENTS TITLE SHEET TABLE OF CONTENTS NOTICETO BIDDERS.................................................................................. NOTETO BIDDERS..................................................................................... FORMOF PROPOSAL................................................................................. BIDBOND..................................................................................................... FORMOF AGREEMENT.............................................................................. PERFORMANCE AND PAYMENT BOND ................................................... CONTRACT COMPLIANCE (ANTI -DISCRIMINATION REQUIREMENTS) ........................................ GENERAL CONDITIONS............................................................................. SUPPLEMENTARY CONDITIONS............................................................... TECHNICAL SECTIONS DIVISION 1 -GENERAL REQUIREMENTS St' 01010 Summa of the Work Page Number ecion ry....................................................... Section 01025 Measurement and Payment ............................................. Section 01310 Progress and Schedules .................................................. Section 01340 Shop Drawings and Submittals ........................................ Section 01570 Traffic Control and Construction Facilities ................ DIVISION 11 -EQUIPMENT Section 11575 Enclosed Landfill Gas Ground Flare Station........... APPENDICES Appendix A — Existing Enclosed Landfill Gas Ground Flare Station Appendix B — Compliance Testing Requirements 01010-1 01025-1 01310-1 01340-1 01570-1 ............ 11575:1 C7` - J' � r NOTICE TO BIDDERS PROJECT: LANDFILL GAS ENCLOSED GROUND FLARE STATION REPLACEMENT AT THE CITY OF IOWA CITY SANITARY LANDFILL Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, prior to 3:00 P.M. an the 3ntl day of March. 2015 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. Prowls received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 9th day of March. 2015, or at special meeting card for that purpose. The Project will involve the following: Installation of a landfill gas enclosed around flare station replacement following disassemble and removal of the existing landfill aas enclosed around ire station. All work is to be done in strict compliance with the Project Manual and Drawings prepared by Barker Lerner Engineering Consultants, of West Des Moines, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to am CJ's r.a , ;a. ry AF -2 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) years from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Dates: Substantial Completion: August 20, 2015; Final Completion: September 3, 2015. Liquidated Damages of $2,500 per calendar day for exceeding three (3) allowable days of the enclosed landfill gas ground flare system being inoperable, $750 for each calendar day beyond the specified substantial completion date of August 20, 2015, and $500 per calendar day beyond the specified final completion date of September 3, 2015. 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 City Engineer, 410 East Washington St., Iowa City, Iowa, by bona fide bidders. A $75.00 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 City of Iowa Com. 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 Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239- e 1422. - - Bidders shall list on the Form of Proposal the { - names of persons, firms, companies or other d,.,""• - _ parties with whom the bidder intends to subcon- tract. This list shall include the type of work and _. approximate subcontract amount(s). a The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities. unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. Contractor awarded the contract shall submit a list AF -2 on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. 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 AF -3 tis rri 71 U AF -3 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. 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 NB -1 ny _0 r �i h �.P • (l1 FORM OF PROPOSAL Project: LANDFILL GAS ENCLOSED FLARE SYSTEM REPLACEMENT NOTICE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THFJBOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROP ARE CONTAINED WITHIN THE BACK COVER OF THIS DOCUMENT. r _ w Name of Bidder ✓, Address of Bidder R t , J TO: City Clerk City of Iowa City City Hall 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 Specifications." 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. ESTIMATED UNIT ITEM DESCRIPTION UNIT QUANTITY PRICE 1 Mobilization/Demobilization LS 1 $ 2 Disassemble and Off -Site LS 1 $ Removal of Existing Enclosed Landfill Gas Ground Flare Station Enclosed Landfill Gas LS 1 $ Ground Flare Station Replacement TOTAL BID AMOUNT = FP -1 EXTENDED AMOUNT The names of those persons, firms, companies or other parties with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows: NOTE: All subcontractors are subject to approval by City. The undersigned bidder certifies that this proposal is made in good faith, and without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the more specific shall prevail. Firm: Signature: Printed Name: Title: Address: Phone: Contact: FP -2 F Firm: Signature: Printed Name: Title: Address: Phone: Contact: FP -2 as Principal, and as Surety declare that we are held and are firmly bound unto the City of Iowa City, Iowa, hereinafter called "OWNER," in the sum of Dollars to pay said sum as herein provided. We as Principal and Surety further promise and declare that these obligations shall bind our heirs, executors, administrators, and successors jointly and severally. This obligation is conditioned on the Principal submission of the accompanying bid, dated for Project. NOW, THEREFORE, a= (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and delLver a- ntra' t in the form specified, and the Principal shall then furnish a bond for'Yhe P,riacipal: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. The Principal and the Surety hereto execute this bid bond this day of A.D., 2015. (Seal) Witness Principal By (Title) (Seal) Surety By Witness (Attomey-in-fact) Attach Power -of -Attorney F-T- 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 , 2015, for the Project ("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. Standard General Conditions of Construction Contract (EJCDC-20f); C. Drawings; d. Specifications and Supplementary Conditions;;c� y. e. Notice to Bidders; • r. f. Note to Bidders; g. Performance and Payment Bond; In. Restriction on Non -Resident Bidding on Non -Federal -Aid Projects; i. Contract Compliance Program (Anti -Discrimination Requirements); j. Proposal and Bid Documents; and k. This Instrument. 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. 3. The names of subcontractors approved by City, together with quantities, unit AG -1 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 CCS Contractor 2015. (Title) Mayor ATTESTS ATTEST: u7 (Title) a- City Clerk (Company Official) Approved By: S - u7 4a -_ [+t City Attorney's Office AG -2 PERFORMANCE AND PAYMENT BOND , as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and (insert the legal title of the Surety) as Surety, hereinafter 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 ($ ) for the payment for which Contractor a, Surety r hereby bind themselves, their heirs, executors, administrators, successors and assi99s, Jointly an. severally. WHEREAS, Contractor has, as of entered into a --- (date) written Agreement with Owner for 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 _, which Agreement is by reference made a part hereof, and the agreed-upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon 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 Qm exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of two (2) years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, 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. 20 SIGNED AND SEALED THIS DAY OF IN THE PRESENCE OF: a Witness N3% (Principal) (Title) (Surety) (Title) (Street) (City, State, Zip) (Phone) in a Witness N3% (Principal) (Title) (Surety) (Title) (Street) (City, State, Zip) (Phone) Contract Compliance Program i I I MwCall III -A-AWLIn mMLa tmomst-0 CITY OF 'IOWA CITY SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to require equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, consultants and vendors and requires them to ensure that applicants seeking employment with them and their employees are treated equally without regard to race, color, creed, religion, national origin, sex, gender identity, sexual-orientatdn, disability, marital status, and age. �• i It is the City's intention to assist employers, who are City contractors, vendoM t, r co`tbsultabts, in designing and implementing equal employment opportunity so that all citizens wilPb-6 afforded'',6.q;tal accessibility and opportunity to gain and maintain employment. PROVISIONS: w.� 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. mgr\asst\wntractwmpliance.doc CC -1 SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, "contractor' shall include consultants and vendors.) a. The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their race, color, creed, religion, national origin, sex, sexual orientation, gender identity, disability, marital status, and age. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 et sea.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. c. v 3. Provide a copy of your written Equal Employment Opportunity policy statement. Where is this statement posted? >-! NJ 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. mg rlasst\contractcompliance.doc CC -2 6. How does your business currently inform applicants, employees, and recruitment sources (including unions) that you are an Equal Employment Opportunity employer? The above responses to questions t through 6, are true and correctly reflect our Equal Employment Opportunity policies. Business Name Signature Print Name Phone Number Title Date mgr\assticontractcompliance.doc CC -3 CD U) =e }s - 4 a CV Phone Number Title Date mgr\assticontractcompliance.doc CC -3 SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES COMPANY POLICY Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. In regard to dissemination of this policy, this can be done, for example, through the use of letters to all recruitment sources and subcontractors, personal contacts, employee meetings, web page postings, employee handbooks, and advertising. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of administering and promoting your company's Equal Employment Opportunity program. This person should have a position in your organization which emphasizes the importance of the program. 3. INSTRUCT STAFF Your staff should be aware of and be required to abide by your Equal Employment_Oppagunityg�rogram. All employees authorized to hire, supervise, promote, or discharge employees-orlare involy ie such actions should be trained and required to comply with your policy and the cLrr equal en pWyment opportunity laws. -_ ^ _ s 4. RECRUITMENT (a) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal opportunity employer'. (b) Use recruitment sources that are likely to yield diverse applicant pools. Word-of-mouth recruitment will only perpetuate the current composition of your workforce. Send recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. (c) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (d) Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect major job functions. Review education and experience requirements to make sure they accurately reflect the requirements for successful job performance. (f) Review the job application to insure that only job related questions are asked. Ask yourself "Is this information necessary to judge an applicant's ability to perform the job applied for?" Only use job-related tests which do not adversely affect any particular group of people. (g) Monitor interviews carefully. Prepare interview questions in advance to assure that they are only job related. Train your interviewers on discrimination laws. Biased and subjective judgments in personal interviews can be a major source of discrimination. (h) Improve hiring and selection procedures and use non -biased promotion, transfer and training policies to increase and/or improve the diversity of your workforce representation. Companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an employee's ability and work record. Furthermore, all companies should post and otherwise publicize all job promotional opportunities and encourage all qualified employees to bid on them. 12/01 mgrlasstcontractcompliance.doc CC -4 Attached for your information is a copy of Section 2 - 3 -1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment. Please note that the protected characteristics include some not mandated for protection by Federal or State law. As a contractor, consultant or vendor doing business with the City of Iowa City you are required to abide by the provisions of the local ordinance in conjunction with your performance under a contract with the City. CC -5 2-3-1: EMPLOYMENT; EXCEPTIONS: A. It shall be unlawful for any employer to refuse to hire, accept, register, classify, promote or refer for employment, or to otherwise discriminate in employment against any other person or to discharge any employee because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. (Ord. 034105, 12-16-2003) B. It shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprenticeship or training or any member in the privileges, rights or benefits of such membership, apprenticeship or training because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation of such applicant or member. c, C. It shall be unlawful for any employer, employment agency, labor organization or the employees or members thereof to directly or indirectly advertise or in any otherm.6r ne ,10dicate' s or publicize that individuals are unwelcome, objectionable or not solicited for empl"oymend or membership because of age, color, creed, disability, gender identity, marital stalW,-natfohal ti origin, race, religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) -? -va D. Employment policies relating to pregnancy and childbirth shall be governed by -the foNawing: c., 1, A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this title. 2. Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth and recovery therefrom 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 unwritten employment policies and practices involving terms and conditions of employment as applied to other temporary disabilities. E. It shall be unlawful for any person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization or their employees, agents or members and an employee or prospective employee concerning employment, pay or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this subsection do not apply if the state epidemiologist determines and the director of public health declares through the utilization of guidelines established by the center for disease control of the United States department of health and human services, that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human immunodeficiency 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, corporation or society with respect to any qualifications for employment based on religion when such qualifications are CC -6 related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution shall be presumed to be a bona fide occupational qualification. (Ord. 94-3647,11-8-1994) 2. An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employment or offer of employment shall not discriminate among the disabled or elderly on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, 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 employment. 4. The employment of individuals to render personal service to the person of the employer or members of the employer's family. (Ord. 94-3647, 11-8-1994) 5. The employment 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 narrowly. (Ord. 03- 4105,12-16-2003) 6. A state or federal program designed to benefit a specific age classification which serves a bona fide public purpose. (Ord. 94-3647, 11-8-1994) 7. The employment on the basis of disability in those certain instances where presence of disability 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 narrowly. (Ord. 03-4105, 12-16-2003) 8. Any employer who regularly employs less than four (4) individuals. For purposes of this section, individuals who are members of the employer's family shall not be counted as employees. (Ord. 08-4312, 8-11-2008) CC -7 c L' 133 _ CC -7 SAMPLE: EQUAL EMPLOYMENT OPPORTUNITY POLICY To all employees of This Company and its employees shall not discriminate against any employee or applicant for employment based on his or her age, color, creed, disability, national origin, gender identity, marital status, race, religion, sex, or sexual orientation. The anti[tischmination policy extends to decisions involving hiring, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Further, this Company and its employees will provide a working environment free from such discrimination. All employees are encouraged to refer minority and women applicants and applicants with disabilities for employment. The Equal Employment Opportunity Officer for the is: Name: Address: Telephone Number: NOTE: This is a SAMPLE ONLY. You may wish to confer with your EEO officer or legal counsel to formulate a policy which specifically meets the needs of your company. CC -8 M {, t CC -8 CITY OF IOWA CITY SANITARY LANDFILL DIVISION 0 ENCLOSED LFG GROUND FLARE STATION SECTION 0700 — STANDARD GENERAL PROJECT NO. IACLF 14002 CONDITIONS This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and issued and Published Jointly by ---- ACEC Avrwiaxiou,wn ni iscmn xr.�. G�nnnnn.� SCEAmerican Society of Civil Engineers National Society of Professional Engineers Pmfessronal Engineers in Private Pmdke AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVII. ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by IV CONSTRUCTION SPECIFICATIONS INSTITUTE c.y EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ©20D7 National Society of Professional Engineers for EJCDC. Allrighuresened. GC -1 ___4 r7l ry i EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ©20D7 National Society of Professional Engineers for EJCDC. Allrighuresened. GC -1 CITY OF IOWA CITY SANITARY LANDFILL DIVISION 0 ENCLOSED LFG GROUND FLARE STATION SECTION 0700 — STANDARD GENERAL PROJECT NO. IACLF 14002 CONDITIONS These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800,2007 Edition), Copyright OO 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 h' (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.ore Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. GJCDC C-700 Standard General Conditions of the Construction Contract Copyright B 2007 National Society of Professional Engineers for F.JCDC. All rights reserved. GG I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article2 - Preliminary Matters............................................................................................................................................................ 6 2.01 Delivery of Bonds and Evidence of Insurance........................................................................................................... 6 2.02 Copies of Documents.................................................................................................................................................. 6 2.03 Commencement of Contract Times; Notice to Proceed............................................................................................. 6 2.04 Starting the Work........................................................................................................................................................ 7 2.05 Before Starting Construction....................................................................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives...................................................._.......... 7 2.07 Initial Acceptance of Schedules.................................................................................................................................. 7 Article 3 - Contract Documents: Intent, Amending, Reuse............................................................................................................... 8 3.01 Intent............................................................................................................................................................................ 8 3.02 Reference Standards.................................................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies..................................................................................................................... 8 3.04 Amending and Supplementing Contract Documents................................................................................................. 9 3.05 Reuse of Documents.................................................................................................................................................. 10 3.06 Electronic Data..........................................................................................................................................................10 Article 4 - Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Pointsl0 4.01 Availability of Lands................................................................................................................................................. 10 4.02 Subsurface and Physical Conditions.._ ...................................... ............ ..... .............. ............. ............. .e, n ............... 11 4.03 Differing Subsurface or Physical Conditions ................. ....._..................................... .......................... ,-: i............... 11 4.04 Underground Facilities....__.............................._......._...._..............................._.........._......;.... .....:.... ..... .....:.,..-13 4.05 Reference Points .............................................. __,. - ,..............74 4.06 Hazardous Environmental Condition at Site ............ ......... ............................. ..................... rn.-:.'..................... .,,__.,,,,14 Article 5 - Bonds and Insurance..................................................................................... 5.01 Performance, Payment, and Other Bonds .............................................. 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 5.10 A Lltensed $ uretles an nsurers............ ..... .... .................... ............................ ................... ........v................... ........ . 16 ri..... -i...........T1, 16 _; .... ......................... a................ 17 Owner's Liability insurance ............................. ........................................... 16 Lltensed $ uretles an nsurers............ ..... .... .................... ............................ ................... ........v................... ........ . 16 Certificatesof Insurance ........................ .............................................. -......... ......................%'........... .,^ ............. Contractor's Insurance ...... ......... .................................... ................... ......................... .... ......................... a................ 17 Owner's Liability insurance ............................. ........................................... ...................................... ....._._............ .. 18 PropertyInsurance..................................................................................................................................................... 18 Waiverof Rights....................................................................................................................................................... 20 Receipt and Application of Insurance Proceeds....................................................................................................... 21 Acceptance of Bonds and Insurance; Option to Replace.........._............................................................................. 21 Partial Utilization, Acknowledgment of Property Insurer........................................._..... ....................................... 21 Article6 - Contractor's Responsibilities..........................._........................................_.._................................................................ 22 6.01 Supervision and Superintendence .................................... ............... ............................ ..... ..__... ................... .... ........ 22 6.02 Labor; Working Hours.............................................................................................................................................. 22 6.03 Services, Materials, and Equipment.......................................................................................................................... 22 6.04 Progress Schedule ..... ........................................ ......_................................................_._............................................ 23 6.05 Substitutes and "Or -Equals" .............. ...--- ........... ............................ ......... _....................... ___ ................. ................ 23 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Enginecrs for EJCDC. All rights reserved. Pagel 6.06 Concerning Subcontractors, Suppliers. and Others ..................................................._............................................. 25 6.07 Patent Fees and Royalties .......... -............................................................................................................................. 27 6.08 Permits.......................................................................................................................................................................27 .y9(:03 6.09 Laws and Regulations............................................................................................................................................... 27 6.10 Taxes ....................... ..... --.... ............................... .................................... .............. .................................................... 28 6.11 Use of Site and Other Areas...................................................................................................................................... 28 6.12 Record Documents....................................................................................................................................................29 =9.07 6.13 Safety and Protection................................................................................................................................................. 29 6.14 Safety Representative ...................... ....................................................... .......................................... ......................... 30 6.15 Hazard Communication Programs............................................................................................................................30 9.10 6.16 Emergencies...............................................................................................................................................................30 6.17 Shop Drawings and Samples..................................................................................................................................... 30 6.18 Continuing the Work................................................................................................................................................. 32 6.19 Contractor's General Warranty and Guarantee .............. ....... ................................................................................... 32 6.20 Indemnification.......................................................................................................................................................... 33 6.21 Delegation of Professional Design Services............................................................................................................. 34 Article7 - Other Work at the Site ................... ......................................... ................................... ...................................................... 35 7.01 Related Work at Site .... ........................................................... ..................................................................... -........... 35 7.02 Coordination..............................................................................................................................................................35 7.03 Legal Relationships...................................................................................................................................................36 Article8 - Owner's Responsibilities..._..............................................................................................._........................................... 36 8.01 Communications to Contractor.................................................................................................................................36 8.02 Replacement of Engineer.............-.............................................................._......................................................... 36 8.03 FumishData................._..............................................................................................._..........................................36 8.04 Pay When Due........................................................................................................................................................... 36 8.05 Lands and Easements; Reports and Tests................................................................................................................. 36 8.06 Insurance........................................................... ......................... ............. .......................................................... ...... - 36 8.07 Change Orders ........................................................................................................................................................... 36 8.08 Inspections, Tests, and Approvals............................................................................................................................. 37 8.09 Limitations on Owner's Responsibilities. ....................................... ..................................................................... __ 37 8.10 Undisclosed Hazardous Environmental Condition................................................................................................... 37 8.11 Evidence of Financial Arrangements'........................................................................................................................ 37 8.12 Compliance with Safety Program............................................................................................................................. 37 C: Article 9 - Engtit5eer's Status During Construction ............................. .......... .................................................... ................. ............. .. 37 9.01 Owner's Representative............................................................................................................................................ 37 -M2 -Msitsto'$ite..... ................... ................................. .......... ........................................ .............................................. ...... 37 .y9(:03 .. iwject` epresentative...............................................................................................................................................38 10.05 Claims........................................................................................................................................................................41 U4,A,itthowed-Variations . in Work................................................................................................................................. 38 ;,-9;05 Rejectin0efective Work......................................................................................................................................... 38 '1, 9'06 rho g g Y p bYawih s, Change Orders and Payments ...................................... .................................................................. 38 =9.07 Netemi ions for Unit Price Work ............... ..................................... ............................. ........................................ 39 9.08 Vccisions oh Requirements of Contract Documents and Acceptability of Work ................................................... 39 9.09 91mitations on Engineer's Authority and Responsibilities....................................................................................... 39 9.10 Compliance with Safety Program............................................................................................................................. 40 Article10 - Changes in the Work; Claims........................................................................................................................................ 40 10.01 Authorized Changes in the Work.............................................................................................................................. 40 10.02 Unauthorized Changes in the Work.......................................................................................................................... 40 10.03 Execution of Change Orders ..................................................................................................................................... 41 10.04 Notification to Surety................................................................................................................................................ 41 10.05 Claims........................................................................................................................................................................41 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Article 11 -Cost of the Work; Allowances; Unit Price Work.......................................................................................................... 42 11.01 CostoftheWork.......................................................................................................................................................42 46 11.02 Allowances................................................................................................................................................................ 45 11.03 Unit Price Work......................................................................................................................................................... 45 Article 12 - Change of Contract Price; Change of Contract Times.................................................................................................. 46 12.01 Change of Contract Price.......................................................................................................................................... 46 12.02 Change of Contract Times......................................................................................................................................... 47 12.03 Delays........................................................................................................................................................................47 Owner May Slop the Work....................................................................................................................................... Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................................................... 48 13.01 NoticeofDefects............................................ -................................................... ..................................................... 48 13.02 Access m Work......................................................................................................................................................... 48 13.03 Tests and Inspections................................................................................................................................................. 48 13.04 Uncovering Work...................................................................................................................................................... 49 13.05 Owner May Slop the Work....................................................................................................................................... 50 13.06 Correction or Removal of Defective Work............................................................................................................... 50 13.07 Correction Period....................................................................................................................................................... 50 13.08 Acceptance of Defective Work...................................................._........................................................................... 51 13.09 Owner May Correct Defective Work .............. ......................... 51 Article 14 - Payments to Contractor and Completion .................... 14.01 Schedule of Values ................................................. 14.02 Progress Payments .................................................. 14.03 Contractor's Warranty of Title ............................... 14.04 Substantial Completion .......................................... 14.05 Partial Utilization.. ................................................. 14.06 Final Inspection...................................................... 14.07 Final Payment ........... ............................................. 14.08 Final Completion Delayed .......................... 14.09 Waiver of Claims .................................................... Article 15 - Suspension of Work and Termination ............................... 15.01 Owner May Suspend Work ........................................... 15.02 Owner May Terminate for Cause .................................. 15.03 Owner May Terminate For Convenience ..................... 15.04 Contractor May Stop Work or Terminate ..................... Article 16 -Dispute Resolution ............. 16.01 Methods and Procedures Article 17 -Miscellaneous 17.01 Giving Notice .................. 17.02 Computation of Times..... 17.03 Cumulative Remedies...... 17.04 Survival of Obligations ... 17.05 Controlling Law ............... 17.06 Beadings .......................... ........................................................................................... 61 52 ................................................................................ ................................................................................................ 52 ........................................................................................ 61 52 ........................................................................................... ................................................................................................ 55 ........................................................................................... 62 55 ........................................................................................... 56 ............................................................................................ 56 ...................................................................... ................. 57 ................. 58 ..................................................................... e an , 58 ++ y 58 ............................................ ......... „; .fs...... Cw?......... :....... 58 ................................................:-.:....sem 1r.; ` " .......,.. . . . . . . . i 58 t4j _..r E yt a ........... .... ... ........................................................ s, ;l................. 61 .........................................................................................- 61 ................................................................................................ 61 ..................................................................................... 61 ................................................................................................ 61 ................................................................................................ 62 ................................................................................................ 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ill .................... 62 ..................... 62 ARTICLE 1– DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor 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 submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents , (including all Addenda). lra - S;. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid .e secrfiiiy of acceptable form, if any, and the Bid Form with any supplements. .E.l C3rdie Order—A document recommended by Engineer which is signed by Contractor and .v Ouunez and authorizes an addition, deletion, or revision in the Work or an adjustment in the Cdtract Price or the Contract Times, issued on or after the Effective Date of the Agreement. aw3 �FO. Claim —A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright D 2007 National Society of professional Engineers for EJCDC. All rights reserved. Pace I of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) 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 11.01 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 Agreernent is signed and delivered by the last of the two parties to sign and deliver. -'r 19. Engineer—The individual or entity named as such in the Agreement. r h 20. Field Order—A written order issued by Engineer which requires minor change m the -fork but which does not involve a change in the Contract Price or the ContraE-Tune'- 47 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. A0 rights reserved. Page 2 of 62 27. Notice oj'Award -The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. ProjectThetotal construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative The authorized representative of Engineer who may be assigned to the Site or any part thereof. Nr?Samptes—Physical examples of materials, equipment, or workmanship that are =-representative of some portion of the Work and which establish the standards by which such �, pori*la of the Work will be judged. i 3P$chslule of Submittals—A schedule, prepared and maintained by Contractor, of required :zubalt(tals and the time requirements to support scheduled performance of related =construction activities. t. 39{9chedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright t) 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee3 of 62 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. 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. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. 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. 44. 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 whicbr4t is intended. The terms "substantially complete" and "substantially completed" as applied Well or part of the Work refer to Substantial Completion thereof. `– 45. Successful Bidder—The Bidder submitting a responsive Bid to wh Vbwilx makes an award. 't a 46. Supplementary Conditions—That part of the Contract Document's,`=ivhiclt:, amend§ or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, 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 Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. AO rights reserved Page of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next r_- midnight. D.- rejective: `? The' -word "defective," when modifying the word `Work," refers to Work that is ttisfactory, faulty, or deficient in that it: „ = a a, -';does not conform to the Contract Documents; or ' b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Societe of Professional Engineers for EJCDC. All rights reserved. 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have -well-known technical or construction industry or trade meaning are used in the Contract I16cuments in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS tv a� 2.01 Delivery of Bonds and Evidence oflnsurance !4. • r -I A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. ,. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Tinges; 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright U 2007 National society of Professional Engineers for EJCDC. All rights reserved. Paec 6 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the 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. 2.06 Preconstruction Conference; Designation ofAuthon""zed Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the C�61rtract. Such individuals shall have the authority to transmit instructions, receive information, render. decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07.'—nitia�-4ccepta"nee of Schedules ---A. Art-jeasiA 0days before submission of the fust Application for Payment a conference attended by 06utraoxor,Engineer, and others as appropriate will be held to review for acceptability to Einer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Cdiitractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright £ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pau 7 of 62 the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no add%Eional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued b Eng;Geer as provided in Article 9.' 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or 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, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 8 of 62 Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (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 C-"' (unless such an interpretation of the provisions of the Contract Documents would result u in violation of such Law or Regulation). 3,q4f Aindtng and Supplementing Contract Documents A`�he„�Rtract Documents may be amended to provide for additions, deletions, and revisions in ='fhe f ark or to modify the terms and conditions thereof by either a Change Order or a Work -- - `Change Directive. B.' The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17,D.3); or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 9 of 62 hJ ?_J 3. Engineer's written interpretation or clarification. C" 3.05 Reuse of Documents =` <-, r'o A. Contractor and any Subcontractor or Supplier shall not:- ` 1. have or acquire any title to or ownership rights in any of the Drawings,' Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of -Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL 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 Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the EJCDC C-700 Standard General Conditions of the Constrnedon Contract Copyright®2007 National Society of Professional Engineers for EJCDC. All rights reserved Pape 10 of 62 Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05, B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify; those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents- Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1 the completeness of such reports and drawings for Contractors 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 9 LZ theretp; or rE 2 other'data, interpretations, opinions, and information contained in such reports or shown or c' r an(licat d in such drawings; or 3 yany Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 8 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 rte.] 3. differs materially from that shown or indicated in the Contract Documents; or t.� �A 4. is of an unusual nature, and differs materially from conditions ordiftarU encounter and generally recognized as inherent in work of the character provideZt;fdr inrthe Contract Documents; - -71 t { then Contractor shall, promptly after becoming aware thereof and before further)disturbaing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in wrift about such condition. Contractor shall not farther 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: The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of. or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, 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 as required by Paragraph 4.03.A. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other EJCDC C-700 Standard Ceneral Conditions of the Construction Contract Copyright © 2007 National Society of professional Engineers for EJCDC. All rights reserved. Pace 12 of 62 4.04 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. Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; u' b. locating all Underground Facilities shown or indicated in the Contract Documents; coordination of the Work with i uA;fi3u ner, during construction; and C' die safety and protection of all 'thereto resulting from the Work. Ems. B.t mot Shown or Indicated: the owners of such Underground Facilities, including such Underground Facilities and repairing any damage If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the 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 or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 7007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. r,a KY'1 4.05 Reference Points r A. Owner shall provide engineering surveys to establish reference points faf011strctetion which in Engineer's judgment are necessary to enable Contractor to proceed witfr_;the W.capk. Contractor shall be responsible for laying out the Work, shall protect and preserve tbd established tefarence points and property monuments, and shall make no changes or relocaffolis without the -,prior written approval of Owner. Contractor shall report to Engineer whenever any ret`erence'point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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 be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. passe M of 62 Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. 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 written notice to Contractor: (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 stoppage 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 parry may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold :hartvless'.- Contractor, Subcontractors, and Engineer, and the officers, directors, members, aarmd$,,employees, agents, consultants, and subcontractors of each and any of them from and airtrt 11 claims, costs, losses, and damages (including but not limited to all fees and charges of v engiaseks, architects, attorneys, and other professionals and all court or arbitration or other aAispule,resolution costs) arising out of or relating to a Hazardous Environmental Condition, z; 7pmvided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. E,JCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 1, The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Ei ronmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds r_ A. Contractor shall furnish performance and payment bonds, each in an amount at least equal m'fhe Contract Price as security for the faithful performance and payment o£ all of .contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contact Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates 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 or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 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 oflnsurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 8 2007 National Society otprofessional Engineers for EJCDC. Alt rights reserved. Page 16 of 62 B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee 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. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A, Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractors employees; �F claims. for damages insured by reasonably available personal injury liability coverage which are sustained: a by -any person as a result of an offense directly or indirectly related to the employment of CJ siiih person by Contractor, or c b.._•;.7ty`any other person for any other reason; Qd- Kv claims for damages, other than to the Work itself, because of injury to or destructionof 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 required by this Paragraph 5.04 shall: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright lD 2007 National Society of Professional Engineers for LJCDC. All rights reserver. Page 17 of 62 with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.(-,Pclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and anyrojhe( ihdividu�s or entities identified in the Supplementary Conditions, all of whom shallcbAste�d-3as additional insureds, and include coverage for the respective officers, directors;}i aemVers, p ers, employees, agents, consultants, and subcontractors of each and any rof ftll sugh ad ' nal insureds, and the insurance afforded to these additional insureds sball: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; include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. 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 amer's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the 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: EJCDC C-700 Standard General Conditions of the Construction Contract Cop} right © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; I be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may 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 equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. QWner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will iirgl[Ze the interests of Owner, Contractor, Subcontractors, and Engineer, and any other § ! iindivizliloR or entities identified in the Supplementary Conditions, and the officers, directors, mcmliei -Jpartners, employees, agents, consultants and subcontractors of each and any of them, each 9COom is deemed to have an insurable interest and shall be listed as a loss payee. -^ C. t�lj the policies of insurance (and the certificates or other evidence thereof) required to be pj4chased and maintained in accordance with this 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 loss payee to whom a certificate of insurance has been issued 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 40 2007 National society of Professional Engineers for F.JCDC. All rights reserved. Pave 19 of 62 insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. c� u E. If Contractor requests in writing that other special insurance be included in. the pr.gerty insurance policies provided under this Paragraph 5.06, Owner shall, ifpossible;=include -such insurance, and the cost thereof will be charged to Contractor by appropriatoe(iangS Ordgilli for to commencement of the Work at the Site, Owner shall in writing advise- tractor whet1r%r or not such other insurance has been procured by Owner. 5.07 Waiver of Rights �— c.. A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 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 EJCDC C-700 Standard General Conditions of the Constrnetion Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest 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 2.01.13. 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 parry does not purchase or maintain all of the bonds and insurance required of such parry by the Contract Documents, such parry shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to �Paintain.prior to any change in the required coverage. Without prejudice to any other right or remed3, the other parry 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 i t E rChau� Order shall be issued to adjust the Contract Price accordingly. 5.1e0 n; Par ql LiJfZgtion, Acknowledgment of Property Insurer A. I;Owner_'.finds it necessary to occupy or use a portion or portions of the Work prior to %stantial 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 pernutted to lapse on account of any such partial use or occupancy. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights resented. Paae 21 of 62 ra ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES r~, 6.01 Supervision and Superintendence r A. Contractor shall supervise, inspect, and direct the Work competently ari&q fici&Aly, dQu�ting such attention thereto and applying such skills and expertise as may be ne'cessary1d perlbN the Work in accordance with the Contract Documents. Contractor shall be sololi tesponsible fox the means, methods, techniques, sequences, and procedures of construction. Contractpi: shall not be responsible for the negligence of Owner or Engineer in the design or specificatiotrbf a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor 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. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright y) 2007 National Society of Professional Engineers for ESCDC. All rights reserved. Page 22 of 62 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. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order, 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: >1) it is at least equal in materials of construction, quality, durability, appearance, a t t c strength, and design characteristics; v i _-«T it will reliably perform at least equally well the function and achieve the results n.F,= imposed by the design concept of the completed Project as a functioning whole; and 3)'' it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights rescrvc& Page 23 of 62 `- 2. Substitute Items: --P a. If in Engineer's sole discretion an item of material or equipment pf000§ed l7y Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it'will be' considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether 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 other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright© 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 4) shall 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. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 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 may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. -Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or dor-equal:`' at Contractor's expense. Co erni Subcontractors, Suppliers, and Others c=a .- 4t�.._ r:® w - • A. Tont factor shall not employ any Subcontractor, Supplier, or other individual or entity (including €Bose' -acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a placement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to finnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright .D2007National Society of Professional Engineers for EJCDC. All rights reserved. Pace 25 of 62 r+, other individual or entity so identified may be revoked on the basis of reasonable b�ection Ifter due investigation. Contractor shall submit an acceptable replaceme or 'the reefeded Subcontractor, Supplier, or other individual or entity, and the Contract Price -ill be adjusted by the difference in the cost occasioned by such replacement, and an appropriatj-ehange Or will be issued. No acceptance by Owner of any such Subcontractor, Supplier, �Q-g6the- ndividual or entity, whether initially or as a replacement, shall constitute a waiver of any, right of Ownei 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 famishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual 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 famishing 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 Engineer 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 Subcontractors 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 a loss payee 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, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright (0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaEe 26 of 62 697 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors 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 specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the 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 ptcessary,for the prosecution of the Work which are applicable at the time of opening of Bids, or' if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of taility owners for connections for providing permanent service to the Work. 6.04- Lamrdnd`Re-4lations A. Clrrmtraclor'shall give all notices required by and shall comply with all Laws and Regulations applicable -#o 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 27 of 62 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not_relieveR&ntractor of Contractor's obligations under Paragraph 3.03.C a ry C. Changes in Laws or Regulations not known at the time of opening of Bids-lef, or the Ef%r ive Date of the Agreement if there were no Bids) having an effect on the cost artG d£47erfotmance of the Work shall be the subject of an adjustment in Contract Price or Cori,, wt Tindibs. If,,Ox3ner and Contractor are unable to agree on entitlement to or on the amount of-ektent,. if any, oi"any such adjustment, a Claim maybe made therefor as provided in Paragraph 1:0.05. 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: 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 fall responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor E.JCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for C.1CDC. All rights reserved. Pane 28 of 62 shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to 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. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and other. property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for _ - removal, relocation, or replacement in the course of construction. I B. cOonttact'er shall comply with all applicable Laws and Regulations relating to the safety of db ;: persc ns.or property, or to the protection of persons or property from damage, injury, or loss; and it all'erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of professional Engineers for EJCDC. All rights reserved. Pace 29 of 62 D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer 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). F. 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 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). r-� 6.14 Safety Representative `" .71 A. Contractor shall designate a qualified and experienced safety representativ`et the Site whose duties and responsibilities shall be the prevention of accidents and tl maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating 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 and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. AO rights reserved. P.30 of 62 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. 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; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for ra'- .means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. z2. Eirch submittal shall bear a stamp or specific written certification that Contractor has satisfied y Gbit`fractor's obligations under the Contract Documents with respect to Contractor's review a)�val of that submittal. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. AO rights reserved. Page34 of 62 Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract 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 shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: t .a _a 1. Contractor shall make corrections required by Engineer and shall returft, required muryber of corrected copies of Shop Drawings and submit, as required, new Sauigles for rev>evVand approval. Contractor shall direct specific attention in writing to reiisilons Viler JIM the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work c A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pam 32 of 62 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2, recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner, 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the .Work of anyone for whose acts any of them may be liable . B. In ani'iad all claims against Owner or Engineer or any of their officers, dueetors, members, x t arias rs -em to ees a ents consultants or subcontractors b an em to ee or the survivor or AS re sonal pepresentative of such employee) of Contractor, any Subcontractor, any Supplier, or any itsdivi2luat',or entity directly or indirectly employed by any of them to perform any of the Work, oi' an}}tSne .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 dniages, compensation or benefits payable by or for Contractor or any such Subcontractor, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright t 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. & If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings;;. calculations, specifications, certifications, Shop Drawings and other submittals prepare(A- iy_sucl profe§sional. Shop Drawings and other submittals related to the Work designed-oi';sertifled by • such professional, if prepared by others, shall bear such professional's w0tMen' approval'.-. hen submitted to Engineer. J C. Owner and Engineer shall be entitled to rely upon the adequacy, accura4`rtl cgmpleteiiess of the services, certifications or approvals performed by such design professionals, p�'.vided Owner and Engineer have specified to Contractor all performance and design criteria thafsuch services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. EJ CDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the pror execution or results of any part of Contractor's Work depends upon work performed ga` brotha sunder this Article 7, Contractor shall inspect such other work and promptly report to Ehgin&o L4ii writing any delays, defects, or deficiencies in such other work that render it ujavaifabT6 or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure -tri o report will constitute an acceptance of such other work as fit and proper for i6tugration 'with Contractors 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: 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 responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph TOLA shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacementof'Engineer A. In case of temiination 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 ContraptUticutl ents. 8.04 Pay Mien Due— �jF-} IV iv.7 A. Owner shall make payments to Contractor when they are due as provided;i@F-aragrraphs ij1 4.62.0 and 14.07.0 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ©2007 National society of Professional Engineers for EJCDC. All rights reserved. Pane 36 of 62 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owners Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at .the Site, Owner's employees and representatives shall comply with the specific applicable -requirements of Contractor's safety programs of which Owner has been informed pursuant -to Paragraph 6.13.D. ARTIt LE 9 EINEER'S STATUS DURING CONSTRUCTION 9.41 _,Owner".'s &pr} sentative A. angineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents, 9.02 Visits to Site A. Engineer will make visits to the Site at intervals 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 9) 2007 National Society of Professional Engineers for EJCDC. Aa rights reserved. Paee37 of 62 and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided ;in the supplementary Conditions. �;� W.•i w —I .4 9.04 Authorized Variations in Work ? A. Engineer may authorize minor variations in the Work from the requirement`s oElhe Coiliract Documents which do not involve an adjustment in the Contract Price or the 04ntraet Tim0and are compatible with the design concept of the completed Project as a 4mctiomrlg whole as indicated by the Contract Documents. These may be accomplished by a Field On:16 and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Rice or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Skop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Socich of Professional Engineers for EJCDC. All rights reserved. Paae 38 of 62 B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between QWrer and Contractor arising prior to the date final payment is due relating to the acceptability a€the Work, and the interpretation of the requirements of the Contract Documents pertaining to f, tlae perfai ifance of the Work, will be referred initially to Engineer in writing within 30 days of eve rV"ving rise to the question. „ B. E ineer will, with reasonable promptness, render a written decision on the issue referred. If Oswne-orContractor believes that any such decision entitles them to an adjustment in the -_-- Cnhtrct Pike or Contract Times or both, a Claim may be made under Paragraph 10.05. The date 6VEngineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.053. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright E 2007 National Society of Professional Engineers for EJCDC. All rights reserved PaecM of 62 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the 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 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 1 9.10 Compliance with Safety Program n-= A. While at the Site, Engineer's employees and representatives shall comply vvitfir?dre 3pGific applicable requirements of Contractor's safety programs of which Engine its been ili'fortlied pursuant to Paragraph 6.13.D. ARTICLE 10—CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall 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.D. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Profesdouat Engineers for EJCDC. All rights reserved. PaL'e M of 62 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety 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), the giving of any such notice will be Contractor's C, responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. C, r c i. -.' P,. Finer .Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall bF referred to the Engineer for decision. A decision by Engineer shall be required as a coftditiori precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other parry to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright'' 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paec41 of 62 opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1, deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs J 0.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner,or ContrWtor invoke the dispute resolution procedure set forth in Article 16 within 30 daWof gjch acti6n or denial. ' — •r-- sA� al F. No Claim for an adjustment in Contract Price or Contract Times will be viftSif naY,'cubrtli in accordance with this Paragraph 10.05.° ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 42 of 62 Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make 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 Contractor 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, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: _„ a. Tfie proportion of necessary transportation, travel, and subsistence expenses of -2`'C-ontractor's employees incurred in discharge of duties connected with the Work. - ¢ nt b�Cast, including transportation and maintenance, of all materials, supplies, equipment, M y — `--machinery, appliances, office, and temporary facilities at the Site, and hand tools not duped 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, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 43 of 62 f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have 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, andrexpenses shall be included in the Cost of the Work for the purpose of determining_ Contradfdr's fee. G -t g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, 0iphonNcrvice at the Site, express and courier services, and similar petty cash items u`i` eonn(S%on toil the Work. _ i. The costs of premiums for all bonds and insurance Contractor is required by -the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of 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 11.01.A. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 44 of 62 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the,Contract Price and not in the allowances, and no demand for additional payment on 1 ® Zv account of any of the foregoing will be valid. J LJ •t^^ �- -`C. 6ontirrgei%y Allowance: 77— 17 x Ctirgactor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. e.a D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Mork A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07, C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. pate 45 of 62 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; Trfd 3. Contractor believes that Contractor is entitled to an increase in Contraet,PMco-Zls a result of having incurred additional expense or Owner believes that Owner is enfitl- to, decrease in Contract Price and the parties are unable to agree as to the amount of Ar%suCR incr�R% or decrease. 7 c_ t _rn ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT -TJAMS,.- X, 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the parry 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: I . 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 Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01 .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 12.01.13.2, 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 Paragraphs 11.01.A.1 and I1.0l.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: EJCnC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCUC. All rights reserved. PaL'e46 of 62 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 Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.I and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.01.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order, Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount b'aual 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 rte2lect bybwner, acts or neglect of utility owners or other contractors performing other work as fires, floods, epidemics, abnormal weather conditions, or acts of God. c6ntemplated by Article 7, , $. If -owner Engineer, or other contractors or utility owners performing other work for Owner as conCempfated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an egait'able adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the EJ CDC C-700 Standard General Conditions of the Construction Contract Copyright w 2007 National Society of Professional Engineers for EJCDC. Aa rights reserved. Paee 47 of 62 control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, ctosts, losses, or damages (including but not limited to all fees and charges of engineers, architects�Rttomeys, and other professionals and all court or arbitration or other dispute resolutiorl,_cpstsj sustairtetl by Contractor on or in connection with any other project or anticipated project;- i $ 4 C-;- — E. Contractor shall not be entitled to an adjustment in Contract Price or Contr'gal Times for -delays within the control of Contractor. Delays attributable to and within the corYE'4i f a-3ubcdniractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE47- 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice ofDefeets A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's 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 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractors expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall 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. C. Wit is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and datrrages (including but not limited to all fees and charges of engineers, architects, attorneys, mill other professionals and all court or arbitration or other dispute resolution costs) arising out of 3 ... dr rel4ibkto such uncovering, exposure, observation, inspection, and testing, and of satisfactory . �. ri�lacet,rtt or reconstruction (including but not limited to all costs of repair or replacement of work lkothers); and Owner shall be entitled to an appropriate decrease in the Contract Price. If ,. tyre=parties `are unable to agree as to the amount thereof, Owner may make a Claim therefor as prgvidedin Paragraph 10.05. --I D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright m 2007 Rational Society of Professional Engineers for EJCDC..W rights reserved. Page 49 of 62 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 indivfdpal or'-girtity, or any surety for, or employee or agent of any of them. '^ cam•-, =1 13.06 Correction oi-Reinoval ofDefective Work - �l A. Promptly after receipt of written notice, Contractor shall correct all defcCtT,,�e1WoPk, wil ler or not fabricated, installed, or completed, or, if the Work has been rejected'byErigineer•, remove it from the Project and replace it with Work that is not defective. Contractor shall�py all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terns of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ©2007 National Society• of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for 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. ihthe.parties are unable to agree as to the amount thereof, Owner may make a Claim therefor asProvided=h Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate 4= i' amouit!wll be paid by Contractor to Owner. 13.69-' Olviter A4 i�orrect Defective Work A. I Contta6tor fails within a reasonable time after written notice from Engineer to correct d'6fective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright V 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5l of 62 equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and 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 Contractor, and 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. 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 because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights Ad remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION �'W z:: y ° 14.01 Schedule of Values r A. The Schedule of Values established as provided in Paragraph 2.07.A will serve ds'the basis for progress payments and will be incorporated into a form of Application for`PaymenTacceptable 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: At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the EJUA- A--7UU Standard General Conditions ofthe Construction Contract Copyright©2UU7 National society of Professional Engineers for EJCDC. All rights reserved. Paee52 of 62 Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 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 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 (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c, the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. By recommending any such payment Engineer will not thereby be deemed to have represented that: }.jections trade to check the quality or the quantity of the Work as it has been c sIf, rmed have been exhaustive, extended to every aspect of the Work in progress, or ;g'volved detailed inspections of the Work beyond the responsibilities specifically -3.assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractors Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National society or Professional Engineers for EJCDC. All rights reserved. Paec 53 of 62 b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections ox tests, revise or revoke any such payment recommendation previously made, to sucl} extet43as may be necessary in Engineer's opinion to protect Owner from loss because: `= a. the Work is defective, or completed Work has been damaged, reu�tangorrectitm or replacement; i b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in acebrdance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) 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 Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.S.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) staring the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent detennination 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 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty q/'7 , itle A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion, B. Promptly after Contractor's notification. Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. c, C. If -Engineer considers the Work substantially complete, Engineer will deliver to Owner a _ rotative certificate of Substantial Completion which shall fix the date of Substantial Completion. aT, 'Nere°jitall be attached to the certificate a tentative list of items to be completed or corrected lzeforeµfl�al payment. Owner shall have seven days after receipt of the tentative certificate during cyTich tst`make written objection to Engineer as to any provisions of the certificate or attached list If aiCer considering such objections, Engineer concludes that the Work is not substantially eeaFJrplete Engineer will, within 14 days after submission of the tentative certificate to Owner, nlufy 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. D. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 55 of 62 _ 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, Engineers aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any?_ 'substantially completed part of the Work which has specifically been identified in the Contract`. Documents, or which Owner, Engineer, and Contractor agree constitutes a separately Ttrrie"o TM and u§able part of the Work that can be used by Owner for its intended purpq�v--without si&-Acant interference with Contractor's performance of the remainder of thervtk,'sfrbjecf to the following conditions: j`j 1. Owner at any time may request Contractor in writing to permit Owner- to useor occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. 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. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 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 Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All righh reserved. Page 56 of 62 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d, complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other -- indebtedness connected with the Work for which Owner might in any way be responsible, or '- which'inight in any way result in liens or other burdens on Owner's property, have been paid or totherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or e q o-rec6ipt-in full, Contractor may furnish a bond or other collateral satisfactory to Owner to (I sindemgify Owner against any Lien. , XB. Evil ineerI Review of Application and Acceptance: 1ryaIf, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recofnmend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Pavment Becomes Due: EJCUC C-700 Standard General Conditions of the Construction Contract Copyright �D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delaved A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be, submitted by Contractor to Engineer with the Application for such payment. Such payment �1'—iall be made under the terms and conditions governing final payment, except that itshitl nbt 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�*om unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 OWner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an 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 any one or more of the following events will justify termination for cause: EJCDC C-700 Standard General Conditions of the Constrnetion Contract Copyright © 2007 Nalional Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated 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 surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price ;exce qlI claims, costs, losses, and damages (including but not limited to all fees and charges of elsgers, architects, attorneys, and other professionals and all court or arbitration or other R Wispy lFpsolution costs) sustained by Owner arising out of or relating to completing the Work, c - fch`Je tress will be paid to Contractor. If such claims, costs, losses, and damages exceed such i ipaid;halance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and j,c nmages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when iso approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C) 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pair 59 of 62 F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0l.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 miner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and h� C'J 4. reasonable expenses directly att ibutable to termination. B. Contractor shall not be paid on account of loss of anticipated profit �revrenue or -other economic loss arising out of or resulting from such termination. -, ry r N 15.04 Contractor May Stop Work or Terminate .K A. If, through no act or fault of Contractor, (i) the Work is suspended for more than�90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. EJCUC C-700 Standard General Conditions of the Construction Contract Copyright 5, 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other parry to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17–MISCELLANEOUS 17.01 Giving Notice CD A.-*henever any provision of the Contract Documents requires the giving of written notice, it will ire deemed to have been validly given if al i deAVered in person to the individual or to a member of the firm or to an officer of the — catp6ration for whom it is intended; or `••'- 2.F delivered at or sent by registered or certified mail, postage prepaid, to the last business r address known to the giver of the notice. 17.02 Computation of Tinges 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Z 2007 National Societe of Frofessional Engineers for EdCDC. All rights reserved. Pig, 61 of 62 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. 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 Swvival 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 fmal payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. r. a 17.06 Headings A. Article and paragraph headings are inserted for convenience only and dosiq constitute parts of these General Conditions. -:5 ry rn EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for E.ICDC. All lights reserved. Page 62 of 62 SUPPLEMENTARY CONDITIONS The Supplementary Conditions amend and supplement Section 0700 — General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are amended or supplemented remain in full force and effect as so amended or supplemented. All provisions of the General Conditions that are not so amended or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, except as follows: "ENGINEER" shall mean the Director of Public Works for the City of Iowa City, Iowa or his authorized representative. "OWNER" and "CITY" shall mean the City of Iowa City, Iowa acting through the City Council and duly authorized agents. Amendments and Supplements The following are instructions that amend or supplement specific paragraphs in the General Conditions and other Contract Documents. SC -1.01A.19. Delete General Conditions paragraph 1.01A.19. and substitute the following: "Engineer — The individual or entity named as such in the Agreement with respect to the design of the Project, however with respect to rights, responsibilities and authorities assigned to the `Engineer' in the Contract Documents, the word `Engineer' shall be read as `Engineer and/or Owner's Construction Quality Assurance consultant'. Upon Award of Contract, Owner will provide a clarification to the Contractor defining (if any) the division of rights, responsibilities and authorities of tlieIngineer and the Owner's Construction Quality Control Consultant." SC -1.01A.19. - Add a new paragraph immediately after paragraph 1.01A.19. to read as follows: ' i t "The Engineer's Consultant(s) will be identified to the successful BIDDER (Contra for) upo&Award of Contract." SC -102 Amend the first sentence of paragraph 2.02A. by striking out "ten copies," and substituting "five copies." SC -2.05 Add the following paragraphs immediately after paragraph 2.05A3. to read as follows: 4. The Contractor awarded the project together with all Subcontractors shall be required to 0805-1 complete the form included with these specifications titled "Restriction on non-resident bidding on non -federal -aid funded projects" and submit it to the Engineer before work can begin on the project. 5. 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 in this project manual beginning on page CC -1. SC402. The following represent information obtained previously that may be pertinent to the subsurface conditions at the site of the Work, in addition to any information provided in the appendices: SC -5.04 Add the following: MINIMUM COVERAGE Any policy or policies of insurance purchased by the Contractor to satisfy his/her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coveraee Comprehensive General Liability Bodily Injury & Property Damage* Each Occurrence Agereeate $1,000,000 $2,000,000 Automobile Liability Combined Sinele 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. *Property Damage liability insurance must provide explosion, collapse and underground coverage whan determined by City to be applicable. The City refit wires that the Contractor's Insurance carrier be A rated or better by A.M. Best. In additlbin the Contractor shall be required to comply with the following provisions with respect to insurance -cow -rage: ance eAverage: c a_ 1. %Theentire amount of Contractors 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 Contractors 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 0805-2 the Certificate of Insurance. 4. The City prefers that Contractor provide it with "occurrence form" liability insurance coverage. If Contractor can only provide "claims -made" insurance coverage, then the Contractor must comply with the following requirements: a. If the Contractor changes insurance carriers, or if Contractor's insurance coverage is canceled, during the contract period or within two years after City's acceptance of the work, Contractor agrees to immediately notify the City of such event. b. If Contractor's insurance is canceled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. C. If, during said period, Contractor voluntarily changes insurance carriers or is required to obtain replacement coverage from another carrier, Contractor shall either (1) purchase "tail" coverage from its first carrier effective for a minimum of two years after City Council acceptance of the work, or (2) purchase "prior acts" insurance coverage from its new carrier, covering prior acts during the period of this Contract from and after its inception. d. "Tail" or "prior acts" coverage so provided shall have the same coverage, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self-insured retention than the insurance which it replaces. 5. The City reserves the right to waive any of the insurance requirements herein provided. The City also reserves the right to reject Contractor's insurance if not in compliance with the requirements herein provided, and on that basis to either award the contract to the next low bidder, or declare a default and pursue any and all remedies available to the City. 6. In the event that any of the policies of insurance or insurance coverage identified on Contractor's Certificate of Insurance are canceled or modified, or in the event that Contractor incurs liability losses, either due to activities under this Contract, or due to other activities not under this Contract but covered by the same insurance, and such losses reduce the aggregate limits of Contractor's liability insurance below the limits required hereunder, then in that event the City may in its discretion either suspend Contractor's operations or activities under this CQ'gtract, 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 Contraetor's 11irifica",fe^ of Insurance are canceled or modified, the City may in its discretion either saspend CroAtract6r's operations or activities under this Contract, or terminate this Contract, and withlF d pa,..�hmentif4?1" work performed on the Contract. SC -6.10 to Delete paragraph 6.10A. in its entirety and substitute the following: A. This Project shall be considered exempt from all State Sales and Use Tax. The Owner shall provide the Contractor with a copy of their Tax Exemption Certificate following Notice of Award. SC -6.11 0805-3 Add the following sentence to the end of paragraph 6.11B.: "The Contractor may dispose of non -hazardous solid waste generated on-site at the active face of the landfill on site at no cost to Contractor." SC -6.17 Delete this Section and refer to Section 01340. SC -12.03 Delete paragraph 12.03C. in its entirety and substitute the following: "C. Time extensions will not be granted for rain, wind, flood, or other natural phenomena of normal intensity for the locality where Work is performed. For purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5 -year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed." SC -14.02C. Payment Becomes Due In Paragraph 1. replace "Ten days" with "Thirty days". SC-16.02Arbitration A,ad th&f6I16riq6T after 16.01 and with the above heading: Parties to any dispute rising under this contract may submit said dispute to binding arbitration prPylaccl: 1. All parties to the dispute have agreed to participate in the arbitration. 2. All parties have agreed to be bound by the arbitration decision. B. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having Owner thereof, and it will not be subject to modification or appeal except as provided in Iowa Code 679A.12. END OF SECTION 0805-4 SECTION 01010 SUMMARY OF THE WORK PART 1 -GENERAL General description, not all inclusive. A. Base Bid Work: 1. Mobilize and demobilize to the site. 2. Disassemble and off-site removal of existing enclosed landfill gas ground flare station. 3. Purchase and install a replacement enclosed landfill gas ground flare station. End of Section 01010-1 cs� — —7 r� r.r p� cn 01010-1 SECTION 01025 MEASUREMENT AND PAYMENT PART 1- GENERAL 1.01 SUMMARY: A. Procedures and submittal requirements for schedule of values, applications for payment, and unit prices. 1.02 STANDARD OF MEASUREMENTS: A. Work completed under the contract shall be measured by the Engineer. Payment will be based on the actual quantity of work performed according to the various classes of work specified unless noted in Part 3 of this Section. The Contractor will be given an opportunity to be present during measurement. 1.03 SCOPEOFPAYMENT: A. The Contractor shall accept the compensation as herein provided as full payment for furnishing materials, labor, tools and equipment and for performing work under the contract; also, for costs arising from the action of the elements, or from any unforeseen difficulties which may be encountered during the execution of the work and up to the time of acceptance. B. Construction items may be bid as a lump sum or as itemized work, which will be paid on a unit cost basis. In either case, sonic work may be required for which a separate pay item is not provided. Completion of this work is required. If a separate pay item is not provided for this work, it is to be considered incidental to the project and no separate payment will be made. e7 _ cr: PART 2 - PRODUCTS C-- 7 `a 2.01 NONE ri„�. PART 3 - EXECUTION' ¢'f 3.01 PROCEDURE: s C A. Payment under this contract shall occur no more than once per month for work completed by the Contractor. Payment is based on an estimate of the total amount and value of work completed minus 5% retainage. It is not the City's policy to pay for materials and equipment stored or furnishings fabricated off site. The 5% retainage will be released 31 days after the project is accepted by the City Council, provided no claims against the project have been filed within 30 days of project acceptance. Chapter 573 of the Code of Iowa will govern the release of retainage and resolution of claims. 01025-1 3.02 BID ITEMS: A. GENERAL The following subsections describe the measurement of and payment for the work to be done under the items listed in the FORM OF PROPOSAL. Each unit or lump sum price stated shall constitute full payment as herein specified for each item of work completed in accordance with the drawings and specifications, including clean UR It is the Contractor's responsibility to identify the locations of public and private utilities. No additional compensation will be made for any interference or delay caused by the placement and/or relocation of said utilities. No additional compensation will be made for repair costs to fix damage caused by the Contractor or his/her Subcontractors. Work associated with existing items on private and/or public property that are to be protected, removed, relocated, replaced, reinstalled or modified is considered incidental unless it is listed as an item in the FORM OF PROPOSAL. Existing items damaged or unsuitable for relocation or reinstallation will be replaced with like item and painted, if necessary, at the Contractor's expense. All trees and shrubs shall remain and be protected from damage unless specifically noted as "REMOVE" or "CLEAR AND GRUB" on the project plans and as otherwise directed by the Engineer. The prices for those items which may have any impact on existing trees and Y shrubs shall include compensation for special precautionary measures required to prevent .injury or damage to said tree, shrub or root system. The prices for those items which involve grading or excavation shall include compensation )^for top soil removal and replacement (unless it is listed as an item in the FORM OF ^,.i `-� ` 1PROPOSAL), disposal of surplus excavated material, handling water, installation of all "necessary sheeting, bracing and temporary fencing around all open excavations and supply, placement and compaction of specified backfill. a The prices for those items which involve surface removal adjacent to buildings or vaults .0 shall include compensation to protect exposed surfaces from water which may leak or seep into vaults and/or basements. All labor, materials and equipment required to bring surfaces to the proper elevation and density including loading, hauling, and disposal of unsuitable material, below grade excavation, borrow and hauling, placing, forming, drying, watering and compaction of fill material, and all such work as may be required to make the grading work complete with a uniform surface free of rock, broken concrete, tree roots, limbs and other debris is incidental to this project unless it is listed as an item in the FORM OF PROPOSAL. The Contractor must pay for all parking permit fees, meter hoods, lot and ramp fees, and parking rickets. The Contractor must figure these costs into their bid prices. The City will not waive parking fees or fines. Permits paid for by the Contractor will be issued only for construction vehicles, not personal vehicles. The Contractor shall be responsible for continuous cleaning of mud and debris off adjacent driveways, streets, sidewalks and private property, when mud and debris is deposited there as a result of any construction activity. The cost of clean up shall be incidental. 01025-2 B. BID ITEM DESCRIPTIONS Mobilization/Demobilization The lump sum price for this item covers the cost needed to mobilize, deliver and remove all necessary equipment, materials and labor to the job site throughout the duration of the project. Unit of measure is Lump Sum. Includes all work and expenses necessary for the completion of the project in accordance with the contract documents that are not covered under any other item. May include but is not limited to contractor's fee, overhead expenses, field office, and administrative expenses. Questions regarding costs applicable to specific bid items shall be directed to the Engineer prior to submitting bids. This item shall be paid at the contract price as follows: • When 5 percent of the original project sum is earned, either 25 percent of the contract price for this item or 2.5 percent of the contract sum, whichever is less, will be paid. • When 10 percent of the original project sum is earned, either 50 percent of the contract price for this item or 5 percent of the contract sum, whichever is less, will be paid. • When 25 percent of the original project sum is earned, either 100 percent of the contract price for this item or 10 percent of the contract sum, whichever is less, will be paid. • Upon completion of all work on the project under contract, full payment will be made for this contract item, including any amount not paid as partial payment, less retainage. 2. Disassemble and Off -Site Removal of Existing Enclosed Landfill Gas Ground Flare Station The lump sum price for this item covers the off-site removal of the existing enclosed landfill gas ground flare station. The contractor shall remove from the property and recycle or reuse the metal for the flare, skid, building skin, and conduit. Other materials shall be recycled as practical. Those materials that cannot be tcled or reused shall be disposed of in the landfill as directed by the._Owner.r�lemoved components shall be properly supported, braced, cribbed, strapo-eai4tc. ` prev(i4 damage during removal. It should be noted that the fire suppress' systeY r shalkbe� removed by the Owner prior to commencement of Work by Contractor,,,, ry All pipes, flanges, ports, conduits wiring, etc. remaining the exiIflg Rate station, slab slab shall be properly disconnected, sealed to prevent precipitatiory"vermW,, dust; or other contaminants inants from entering the components during removal -of the existing flare station and during installation of the replacement flare station. 3. Enclosed Landfill Gas Ground Flare Station Replacement The lump sum price for this item covers the manufacturer, supply, and installation of a replacement landfill gas ground flare station. Contractor shall size and install a new electrical service for the replacement flare station in accordance with the most current addition of National Electric Code and any local requirements. The entire system shall be properly grounded and a certified lightning arresting system shall be installed. A down payment from the Contractor to the manufacturer of the enclosed flare station will be allowed in the schedule of values for this item. Ninety percent will be paid during construction, five (5) percent will be paid following evidence of successful 01025-3 startup and operation for ten (10) consecutive calendar days, and the final five (5) percent will be paid following successful completion of perforniance, testing required by the Owner's air construction permit (see Appendix B). End of Section 01025-4 SECTION 01310 PROGRESS AND SCHEDULES PART1-GENERAL 1.01 SUMMARY: A. Prepare, submit and update as necessary a schedule of the work. B. Time is of the essence. Regulatory requirements limit the length of time the landfill gas collection system (LFGCS), including flare, may be inoperable. In addition, the wellfield can be negatively affected when the LFGCS is down for an extended period of time, which may impact startup of the new flare system. Scheduling of work shall be planned with this in mind. 1.02 SUBMITTALS: A. The Contractor shall submit prior to the Pre -Construction meeting a detailed schedule of the proposed work with the controlling operation identified. Work may not be?'n until the schedule is approved by the Engineer. fir; PART 2 - PRODUCTS r> t3 None. I.T9 -^tra PART 3 - EXECUTION 3.01 MEETINGS PRIOR TO CONSTRUCTION. A. A Pre -Bid meeting will be held at the City of Iowa City Sanitary Landfill (3900 Hebl Avenue, Iowa City, Iowa 52246 (phone: 319.356 5185)) on February 18, 2015 at 10:30 A.M. B. A Pre -Construction meeting will be held prior to beginning work. 3.02 PROGRESS OF WORK: A. Work will be limited to 21 calendar days and the LFGCS may only be inoperable for three (3) calendar days. The specified completion dates are as follows: Substantial Completion: July 1, 2015; Final Completion: July 15, 2015. Liquidated damages of $2,500 per calendar day for exceeding three (3) allowable days as indicated above; $750 for each calendar day beyond the specified substantial completion (includes compliance testing) date of August 20, 2015; and $500 per calendar day beyond the specified final completion date of September 3, 2015. B. No work shall be done between the hours of 10:00 p.m. and 7:00 a.m. without the approval of the Engineer. C. Work will proceed in a well organized and continuous manner to minimize the disruption to the landfill operations and their patrons. Adjacent vehicular access shall be maintained at all times. End of Section 01310-1 SECTION 01340 SHOP DRAWINGS AND MISCELLANEOUS SUBMITTALS PART1-GENERAL 1.1 SUMMARY A. General: 1. Section Addresses: a. Mechanics and administration of the submittal process for shop drawings, operation and maintenance manuals, and miscellaneous submittal items. B. Related Sections include but are not necessarily limited to: 1. Division 0 2. Division I 3. Sections in Division 11 identifying required submittals. 1.2 DEFINITIONS ::74 r A. Shop Drawings: ry'A c 1. See General Conditions. r 2. Product data and samples are Shop Drawing information. 1. B. Miscellaneous Submittals: 1. Submittals other than Shop Drawings: — 2. Representative types of miscellaneous submittal items include but are not limited'to: a. Construction schedule. b. Warranties. c. Survey data. d. Cost breakdown (Schedule of Values). e. Evidence of Health and Safety Plan implementation_ 1.3 TRANSMITTALS A. Shop Drawings: 1. Shop Drawings shall be submitted in electronic format to the Engineer unless authorized otherwise. a. Submit electronic copy on CD, USB drive, email files, or post in FTP site. b. Text documents shall be submitted in pdf format. c. Drawings shall be submitted in pdf or of format. d. Electronic submittal shall be suitable for reproduction in black or white. 2. All transmittals must be from Contractor and bear his approval stamp. Transmittals will not be received from or returned to subcontractors. a. Shop drawing transmittal stamp shall read: "(CONTRACTOR'S NAME) HAS SATISFIED CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT DOCUMENTS WITH RESPECT TO CONTRACTOR'S REVIEW AND APPROVAL AS STIPULATED UNDER GENERAL CONDITIONS PARAGRAPH XXIV.D." 3. Provide submittal information defining specific equipment or materials utilized on the project. Generalized product information not clearly defining specific equipment or materials to be provided will be rejected. 01340-1 4. Submittal schedule: e. Schedule of shop drawings: 1) Submitted and approved within 5 days of receipt of Notice to Proceed. b. Shop drawings: 1) Submittal and approval within 30 days of Notice to Proceed. B. Miscellaneous Submittals: 1. Transmit under Contractor's standard letter of transmittal or letterhead. 2. Submit five copies in electronic format to the Engineer unless authorized otherwise. 3. Provide carbon copy of letter of transmittal to Owner's Construction Quality Assurance Consultant. 1.4 PREPARATION OF SUBMITTALS A. Shop Drawings. 1. Number transmittals consecutively beginning with 1. 2. Number transmittals of resubmitted items with the original root number and a suffix letter starting with "A" on a new transmittal form. 3. Restrict each letter of transmittal to only one Specification Section or portion thereof. 4. Provide breakout of each transmittal contents on transmittal form. Each component thus drawing/specification reference. 5. Do not change the scope of any re -submittal from the original transmittal scope. If some components of the original or previous resubmitted transmittal received "A" or "B" Action and others did not, list the "A" or "B" Action components in subsequent resubmitted packages and indicate "A" or "B" Action code previously received on the transmittal form. 6. With prior approval of the Engineer, components of an original submittal or prior re- submittal that have not received an "A" or "B" Action may be withheld from a re- submittal. Such components shall be listed on the resubmitted transmittal form and indicated as "Outstanding - To Be Resubmitted At a Later Date." 3.- F'br 8-112 x 11" size sheets, provide five copies of each page for Engineer plus the a nXlmber required by the Contractor. a- 8. _ For items not covered in paragraph 1.4-A.6 submit one reproducible transparency and P; rpt „_pile print of each drawing until approval is obtained. Utilize mailing tube; do not fold. _ a� The Engineer will mark and return the reproducible to the Contractor for his reproduction and distribution. 9. Provide clear space (3" X 3") for Engineer stamping of each component defined in 1.4- A.4. 10. Contractor shall not use red color for marks on transmittals. Duplicate all marks on all copies transmitted, and ensure marks are photocopy reproducible. Outline Contractor marks on reproducible transparencies with a rectangular box. 11. Transmittal contents: a. Coordinate and identify shop drawing contents so that all items can be easily verified by the Engineer. b. Identify equipment or Material use, drawing detail reference, and other project specific information. c. Provide sufficient information to either with technical cuts and technical data to allow an evaluation to be made to determine that the item submitted is in compliance With the Contract Documents. d. Submit items like equipment brochure, product data sheets catalog sheets on 8- 1l2 x 11" pages. Indicate exact item or model and all options proposed. e. Include legible scale details, sizes, dimensions, performance characteristics, capacities, test data, anchoring details, installation instructions, storage and handling 01340-2 instructions, layout drawings, and other pertinent data. Arrange data and perfornlance information in format similar to that provided in Contract Document. Provide, at minimum, the detail provided in the Contract Documents. f If proposed methods, equipment, or materials deviate from the Contract Drawings or Specifications in any way, clearly note the deviation and justify the said deviation in detail in a separate letter immediately following transmittal sheet. B. Samples: 1. Identification: a. Identify sample as to transmittal number, manufacturer, item, use, type, project designation, specification section or drawing detail reference, finish and other pertinent data. b. If identifying information cannot be marked directly on sample without defacing or adversely altering sample, provide a durable tag with identifying information securely attached to the sample. 2. Include application specific brochures, and installation instructions. 3. Provide Contractor's stamp of approval on samples or transmittal form as indication of Contractor's checking and verification of dimensions and coordination with interrelated work. 4. Resubmit samples of rejected items. cri 1.5 ENGINEER'S REVIEW ACTION A. Shop Drawings and Samples: _y 1. Items within transmittals will be reviewed for overall design intent aniFwill receivei one of the following actions: ;� .- tvt' a. A—APPROVED. b. B— APPROVED AS NOTED. c. C — REVISE AND RESUBMIT. CA d. D — REJECTED/RESUBMIT. e. E — NO ACTION TAKEN OR REQUIRED. £ F— NOT REQUIRED FOR REVIEW. 2. Transmittals received will be initially reviewed to ascertain inclusion of Contractor's approval stamp. Drawings not stamped by the Contractor or stamped with a stamp containing language other than that specified in Paragraph 1.3-A.2, will not be reviewed for technical content and will be returned without any action. 3. Transmittals returned with Action "A" or "B" are considered ready for fabrication and installation. I£ for any reason a transmittal that has an "A" or "B" Action is resubmitted, a letter defining the changes that have been made and the reason for the resubmittal must accompany it. Destroy or conspicuously mark "SUPERSEDED" all documents having previously received "A" or "B" Action that are superseded by a resubmittal. 4. Transmittals with Action "A" or "B" combined with Action "C" (Revise and Resubmit) or "D" (Rejected/Resubmit) will be individually analyzed giving, consideration as follows: a. The portion of the transmittal given "C" or "D" will not be distributed (unless previously agreed to otherwise at the Preconstruction Conference). One copy or the one transparency of the "C" or "D" drawings will be marked up and returned to tile Contractor. Correct and resubmit items so marked. b. Items marked "A" or "B" will be fully distributed. c. If a portion of the items or system proposed are acceptable, however, the major part of the individual drawings or documents are incomplete or require revision, the entire submittal may be given "C" or "D" Action. This is at the sole discretion of the Engineer. In this case, some drawings may contain relatively few or no conmrents or the statement, 01340-3 "Resubmit to maintain a complete package." Distribution to Owner and field will not be made (unless previously agreed to otherwise). 5. Failure to include any specific information specified under the submittal paragraphs of file specifications will result in the transmittal being returned to the Contractor with "C" or "D" Action. 6. All costs, associated with the review of any shop drawing resubmitted more than once shall be borne by the Contractor with said costs being deducted from the lump sum amount shown in the Contractor's proposal. 7. Transmittals such as submittals which the Engineer considers as "Not Required," submittal information which is supplemental to but not essential to prior submitted information, or items of information in a transmittal which have been reviewed and received " A " or " B " Action in a prior transmittal, will be returned with Action "E. No Action Taken or Required." 8. Samples may be retained for comparison purposes. Remove samples when directed. Include in bid all costs of furnishing and removing samples. 9. Approved samples submitted or constructed constitute criteria for judging completed work. Finished work or items not equal to samples will be rejected. I Diet IZI) 0y 00111 10MI 01340-4 La=S I Diet IZI) 0y 00111 10MI 01340-4 SECTION 01570 TRAFFIC CONTROL AND CONSTRUCTION FACILITIES PART l - GENERAL 1.01 SUMMARY: A. Furnish, install and maintain traffic control and construction facilities required for the work. Remove when work is completed. 1.02 REFERENCES: A. IDOT Standard Specifications. B. U.S. Department of Transportation Federal Highway Administration "Manual on Uniform Traffic Control Devices for Streets and Highways," 1988 Edition, as revised. C. Traffic Control Notes on project plans. h� 1.03 SUBMITTALS: A. Submit a traffic control plan for all activities requiring traffic contq not specifically - addressed by the plans. r V_ project PART 2 - PRODUCTS 2.01 MATERIALS: ;.n A. Traffic control devices may be new or used, but must meet the requirements of the IDOT Standard Specifications. B. All construction fence shall be new and securely fastened to approved posts and installed as directed by the Engineer. PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 11. General Requirements and Covenants. Section 1107.09. Barricades and Warning Signs. Division 25. Miscellaneous Construction. Section 2528. Traffic Control. 01570-1 3.03 MAINTENANCE OF FACILITIES: A. The Contractor shall monitor the condition of traffic control and construction facilities at all times, including non -work hours. Repair, replace and maintain as necessary. 3.04 EXCAVATIONS: A. All excavations shall be fenced. 3.05 ADDITIONAL FACILITIES: A. All signs, barricades and fences within and beyond the project area deemed appropriate by the Engineer shall be the responsibility of the Contractor. End of Section 01570-2 c.: ^r C- End of Section 01570-2 1.0 1.01 Section 11575 Enclosed Landfill Gas Ground Flare Station GENERAL This Section includes specifications for: • LANDFILL GAS FLARE SYSTEM • GAS HANDLING SYSTEM • FLOW METERING ASSEMBLY • ENCLOSED GROUND FLARE STATION CONTROL SYSTEM In the interest of total system compatibility, reliability, quality, cost and single source responsibility, the systems and assemblies furnished under this section shall be designed, manufactured, and/or supplied by a single vendor. WORK INCLUDED A. Provide and install the enclosed landfill gas ground flare station including all components necessary for a complete and operational system. The flare station shall be sized to extract, demist, process the condensate, compress and combust a maximum of 46.5 MMBtuh (1550 SCFM of 50% CH4) of landfill gas. The enclosed ground flare station shall include four sub -systems; 1) Landfill Gas Flare System 2) Gas Handling System 3) Flow Metering Assembly, and 4) Enclosed Ground Flare Station Control System. The combination of these sub -systems shall include, but not be limited to, the following components. 1. ENCLOSED GROUND FLARE SYSTEM a. Automatic actuated shutdown valve. b. Flame arrester. C. Burner unit. hY f„ w� d. Flare stack. "r e. Interconnecting piping and isolation valves. — r•a t f. Internal electrical wiring. ~* g. Instrumentation and control devices. In. Junction and terminal boxes as required. Sampling ports for both inlet and outlet gases. Pilot and ignition system. 2. GAS HANDLING SYSTEM a. Landfill gas blowers 11575-1 b. Demister / Filter system C. Process valving d. Process piping e. System structural skid 3. INTERCONNECTING FLOW STRAIGHTENING PIPE SYSTEM a. Inlet and outlet flanges. b. Flow monitoring port(s). C. Differential pressure, velocity averaging flow sensing system d. Differential pressure transmitter/transducer 7 4. CONTROL SYSTEM .s a. Enclosures / Cabinets / Junction boxes. r a L.A' b. Control and annunciation devices. ' c. Interconnecting conduit and wiring. d. PLC supervisory control system. e. Ethernet switch for remote connection capabilities. f. All required electrical controls, motor controls, annunciation systems, alarm systems & logic systems. B. Perform equipment and system testing. C. Perform initial system start-up. D. Demonstrate compliance with performance requirements as specified. E. Provide operational start-up & training for designated personnel. F. Prepare and deliver submittals & operation and maintenance manuals. 1.02 QUALITY ASSURANCE A. Qualifications of manufacturer: Products used in the work of this section shall be produced by manufacturers regularly engaged in the manufacture of landfill gas handling, processing and combustion systems and with a history of successful production acceptable to the Owner and/or their representative. B. Qualifications of installers: Use adequate numbers of skilled workers who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this section. 11575-2 1.03 1.05 C. Basis of acceptance: The manufacturer's recommended installation procedures, when approved by the Owner and/or their representative, will become the basis for inspecting and accepting or rejecting actual installation procedures used on this work. PERFORMANCE A. Operating conditions: The landfill gas flare station shall be capable of operating under the following performance requirements and operating ranges: Gas flow rates: The flare system shall be capable of operating at a landfill gas flow rate and a landfill gas heat flow rate of 10% maximum load rating through 100% maximum load rating (10:1 Turndown Ratio). The emission and destruction/reduction efficiencies and NOx and CO levels shall remain in compliance with the specified emission limits set herein without the use of supplemental fuel or flare modifications. 2. The minimum operating temperature shall be 1400° F. This minimum temperature shall be maintained for the duration of a minimum of 0.6 seconds. 3. Nitrous oxide (NOx) emissions: Less than 0.06 IbMMBtu. 4. Carbon monoxide emissions: Less than 0.20 Ib/MMBtu. 5. Minimum 98% destruction removal efficiency (DRE) of non -methane organic compounds' or <20 ppmvd NMOC's as hexane at 3% 02. *Based on carbon balance calculation derived exhaust flow rates and velocities, method TO -14 sampling methods and Method 25C (modified) analysis methods. Inlet gas sampling by EPA Methods 1, 2, 3 or 4. 6. Stable combustion with 25% to 60% methane concentration thropghout the design capacity range, while maintaining operating temperature Without requiring any supplemental fuel, burner adjustment or flare= modification„.,, (adjustment of manual air dampers is allowed to meet this risquir'ement). I i B. Landfill gas composition: The composition of the landfill gas for tMis-projebt shall be assumed to be as follows: ; ;- a-0 1. Constituents: % by Volume Methane 25 to 60 Carbon Dioxide 25 to 45 Oxygen 0 to 3 Nitrogen 5 to 25 Trace components 1 For basis of design, assume 100°F landfill gas temperature 100% saturated with water vapor. Design site elevation is 770 ft. AMSL SUBMITTALS A. Shop Drawings: Before any of the materials of the Section are delivered to the job site, submit complete shop drawings to the Engineer in accordance with the provisions of Section 01340 of these Specifications. Shop drawings shall show all details of: 11575-3 Equipment dimensions component parts and list of materials. 2. Installation and mounting details. 3. Electrical wiring diagram and details. 4. Piping and Instrumentation Diagram (P&ID) and associated Modbus register mapping. 5. Alarm and set point Listing. Will include data indicating whether or not the alarm can be reset remotely and if set point(s) are adjustable via Modbus. B. Materials list: Submit a complete list of all materials and equipment proposed to be furnished and installed under this portion of the work, giving manufacturer's name, catalog number, and catalog cut for each item where applicable. Following installation, provide to the Engineer the equipment supplier's written report -'certifying that equipment: Has been properly installed and connected. Is in accurate alignment. r, " 3'. Is free from undue stress imposed by piping or mounting bolts. Submit warranties as specified in accordance with these specifications. Special arrangement: If proposed equipment requires an arrangement differing from that indicated on the drawings and as specified, prepare and submit for review detailed structural, mechanical, electrical, and process/instrumentation drawings and equipment lists, materials of construction and operating instructions, showing all necessary changes and all special features of proposed equipment. If approved by the Engineer, changes shall be made at no additional cost to Owner. Other manufacturers: To consider systems of other manufacturers, (other than those named in Section 2.01 B, "Acceptable Manufacturers", of this specification), manufacturer shall provide documentation that proposed substitution is equal to specified item in quality, dependability, durability, strength, design, performance (per Section 1.04 of this specification) substantial conformance, operation efficiency, maintenance, serviceability, energy requirements, warranty, total cost effectiveness and other pertinent criteria. 2. Submit examples of duplicate or similar designs currently in satisfactory operation at similar facilities. In case of improper operation or failure of installed system at another facility, manufacturer shall insure that items installed under this Section are covered by a sufficient bond, approved surety or cash deposit for a period of five years or pay for and guarantee suitable operating replacement which can be properly installed at the facility. 3. Satisfactorily document cost differential between specified item and proposed substitution, with invoices and quotations on manufacturer's letterhead, showing discounts and other such means as necessary to satisfy Owner and/or their representative. Credit all cost savings to the Owner. 11575-4 1.06 2.0 2.01 2.02 PRODUCT HANDLING A. Protection: Use all means necessary to protect the condition and integrity of the equipment provided under this section both during and after receipt of said equipment, and to protect the installed work and all other trades. B. Replacements: In the event of damage during installation, immediately make all repairs and/or replacements necessary to the approval of the Owner or their representative and at no additional cost to the Owner. C. Deliver materials in manufacturer's original packaging with all tags and labels intact and legible. D. Store and handle material in such a manner as to avoid damage; store at site under cover if required to meet the conditions of this section. PRODUCTS GENERAL A. Acceptable Manufacturers 43 Perennial Energy, Inc. 1375 County Road 8690 West Plains, MO 65775�� Telephone: (417) 256-2002 Fax: (417) 256-2801 =C, John Zink Company ��'^ �� tRi ) 11920 East Apache; Tulsa, Oklahoma 74116 Telephone: (800) 421-9242 Fax: (918) 234-2700 Zeeco, Inc. 22151 East 9151 Street Broken Arrow, Oklahoma 74014 Telephone: (918) 258-8551 Fax: (918) 251-5519 LANDFILL GAS FLARE SYSTEM A. The enclosed landfill gas flare system shall be a modular system including all components for a complete and operational system. B. The landfill gas flare system shall be pre -piped and pre -wired to the extent possible, requiring minimal field assembly. C. The landfill gas flare system shall include, but not be limited to, the following components which shall meet as a minimum the listed specifications: 1. Main Gas Valve: Pneumatically (nitrogen or compressed air) operated butterfly valve equipped with a stainless steel disk and viton seat. The operator shall be provided as a spring fail close device and shall close when directed by the logic in less than 2 seconds. The system shall include regulator train, mounting facilities, and nitrogen tank(s) with quick connect for compressed air as a backup (compressed air supply by others). 2. Flame arrester: Flame arrester shall be installed at the inlet to the flare. The pressure drop it imposes on the system is a maximum of 2 inches w.c. The flame arrester is constructed of cast aluminum housing with aluminum flame 11575-5 element. Flame arrester shall be manufactured by Varec. The flame arrester shall be provided with pressure monitoring ports such that both flare back pressure and flare + flame arrester back pressure can be monitored. 3. Flare stack: The flare stack shell shall be constructed of 1/4" minimum thickness ASTM A36 carbon steel, and shall be a minimum 9 ft, in diameter by a maximum 35 ft. in height. Sections of the flare cylinder shall be attached via continuous welds conforming to AWS D1.1 standards. The flare stack shall have the following properties and accessories. a. Lifting lugs: Minimum two (2) lifting lugs shall be provided, each capable of carrying the entire weight of the unit. Removal of the lugs shall not be required prior to operation. b. Maximum internal temperature rating: 2000° F. C. Maximum external skin temperature: 250° F. d. Concrete Pad Protection: Flare mounting shall be designed such that a minimum of 4" of passively ventilated air space is provided beneath the insulated flare floor and the concrete pad. r> r e. Insulation: Three (3) layers of ceramic fiber insulation blanket •d,;'z— (maximum 2,300°F) shall be provided as combustion cylinder protection. Two one -inch layers of 81blft' blanket shall be installed, �- using overlap outer face construction methods, over one 2 -inch layer of 4 Ib/ft' density material. Insulation shall be attached to the flare wall and floor with Inconel 600 series studs and washers. f. Insulation coating: High temperature, sprayed on surface sealer/protectant. g. Manway: Min. 22" x 22" square, insulated, installed above burners. In. View ports: Five minimum, each 2" NPT with removable tempered glass covers and cooling holes. 2 shall be located at the base of the flare to view the pilot flame and the base of the main flame. One each shall be located such that they offer a view of each thermocouple. i. Thermocouple ports: Three minimum, 2" NPT with bushing and cooling holes. j. Source test ports: Two minimum, 4" NPT with cooling holes. k. Main gas inlet nozzle: Stainless steel, raised faced slip on weld flange meeting the requirements of 150 # ANSI specifications, size is ANSI 6". I. Propane fueled pilot gas inlet nozzle: 1/2" NPT. M. Yellow signs meeting OSHA standards stating "CAUTION: HOT" (or equivalent) to be placed every 120 degrees around the stack at approximately 6' elevation. n. Stainless steel rain guard at stack top covering the exposed edge of refractory to prevent water damage. 11575-6 o. Tabs for mounting electrical conduit to stack for thermocouples and other devices. 4. Burner: The burner unit shall have the following properties and accessories: a. Assembly: Multiple, small gas port, primary air mixed burner assembly consisting of a minimum of 5 individual burners. The burner assembly shall be of the "primary air damper" type, designed to allow up to 60% of the theoretical stoichiometric air required for combustion to be mixed with the landfill gas prior to ignition. The primary air dampers beneath each burner port shall be adjustable throughout their range from outside the flare cylinder, with the flare in full operation. b. Construction: 304L Stainless Steel (<0.03% carbon content) with tastable refractory venturi liners. C. Burner Warranty: The Stainless Steel portions of the burner assembly shall be warranted by the manufacturer to perform for the purpose for which it is intended, and to be capable of maintaining compliant operation over the range of specified design pressures, flow rates and heat rates for a minimum period of two (2) years from date of successful startup when operated continuously (>85% Duty Cycle) within the specified design flow rate and heat loading limits. Offers which do not address this burner warranty requirement may be considered non-responsive. d. Refractory: Removable, cast venturi burner lining assemblies, 2,700'F rating. 5. Thermocouples: 3 each, type K, housed in Inconel shear0 I :P j 6. Flame safeguard controller: Honeywell or engineer approved eqi'lyivalent-w factory mutual reviewed. Device shall include an ultra violet 'signal amplifi6r module and shall display flame signal strength at the control panel. 7. Ultraviolet scanner: Honeywell or engineer approved equivalent, Factory Mutual reviewed. Device shall be "self -checking" type. 8. Propane pilot system: Removable pilot assembly rated at 40,000 Btu/hr, including pressure regulator, pressure indicator, solenoid valve, manual shutoff valve and pilot gas pressure manometer port. System shall include lockable storage rack with two 100 pound propane cylinders located opposite end of skid from the flare. 9. Total combustion and quenching air control: Motor operated 12 gauge, galvanized steel damper with 3/4" shaft at each inlet. 4-20 mADC actuator damper motor(s) shall be utilized at the louver(s). Actuators shall cause louver(s) to fail open on loss of signal. 10. Flare temperature controller: Flare temperature control shall be directed by the PLC system, with capabilities of proportional, integral and derivative control. Controller shall drive damper actuator motors via a 4-20 maDC signal, and shall include operator adjustable set -point control for both operational set point and low flare temperature. Both of these set points should be accessible (read and write) via Modbus registers. Logic in the PLC controller shall include auto start louver position signal and automatic switch 11575-7 6. If flare fails to reach normal operating temperature within 10 minutes, or experiences low temperature during normal operation for more than 10 minutes, the temperature controller shuts down the unit and sends a signal to annunciate "Low Flare Temperature". The system will allow the user to remotely reset this alarm condition via Modbus register. 11575-8 over capabilities to control to an adjustable set -point flare temperature setting. Temperature control system shall be capable of controlling the flare temperature to within +1- 30° F of set -point. 11. Electronic spark ignition: 5000 V electronic igniter assembly removable from outside the flare without disconnecting conduit or wiring. 12. Flare anchor system: Flare mounting feet shall be provided such that appropriate anchorage can be provided using a HILTI HIT C-100 System using HFA or HAS inserts. Embedment depth and spacing shall provide full overturn and seismic attachment to foundation. Flare shall be designed to withstand loads & stresses per the requirements of UBC100 mph wind loading and seismic zone 4 criteria. 13. Finish: High temperature primer and finish coat over sand -blast prepared metal. Sand blasting shall be to SPC SP -6 guidelines. 14. Ignition transformer enclosure: The enclosure for the ignition transformer shall meet NEMA 4 criteria and shall receive the 120 VAC power and hi - tension conduits. Flare junction enclosure/main control panel: The flare mounted junction `i'_ box(s) / panel(s) shall meet NEMA 4 criteria, and shall house all of the flare mounted electrical gear required to meet the operational requirements of this oo -,. specification. �16. The flare shall include a purge blower assembly which shall be mounted near -- the base of the flare cylinder. This system shall also be provided with a < "proof of purging" system to insure that the active purge cycle is completed prior to enabling the ignition sequence. D. Sequence of Operation: 1. Upon receipt of an initiation signal from the master control panel, with the flare mode selector switch in the "AUTO" position, the unit shall go through an adjustable timed purge cycle (nominal 3 minutes). The inlet louvers shall open completely during this cycle to facilitate passive ventilation. 2. The pilot solenoid valve opens and the spark igniter energizes up to 1 minute (adjustable) to ignite the pilot gas. If ignition does not occur within 60 seconds, the system shuts down and send a signal to annunciate "Pilot Failure". The system will allow the user to remotely reset this alarm condition via Modbus register. 3. After pilot ignition, and with the U.V. scanner sensing flame, a signal is sent to the landfill gas blower to start. 4. Upon recognition of the blower running, the shutdown valve shall open and a dry contact shall provide a signal for future building heat project. 5. Normal operation mode on landfill gas is now achieved. 6. If flare fails to reach normal operating temperature within 10 minutes, or experiences low temperature during normal operation for more than 10 minutes, the temperature controller shuts down the unit and sends a signal to annunciate "Low Flare Temperature". The system will allow the user to remotely reset this alarm condition via Modbus register. 11575-8 7. If the flare exceeds the maximum temperature set -point, an over temperature signal shall shut down the unit and shall send a signal to annunciate "High Flare Temperature'. The system will allow the user to remotely reset this alarm condition after the flare system has cooled 200F below the normal operating temperature. [Check with Scott.] 8. If the main flame is extinguished for any reason, the system shall shut down and send a signal to annunciate "Flame Failure". The system will allow the user to remotely reset this alarm condition via Modbus register. 9. Should the landfill gas flow rate fall below an adjustable set point for nominally 30 seconds, the main control panel shall send a signal to the flare controls, the flare shall shut down and send a signal to annunciate "Flow Failure'. The system will allow the user to remotely reset this alarm condition via Modbus register. 10. Should the inlet valve fail to close upon logic or manual operator selection demand, the system shall shut down send a signal to annunciate `Inlet Valve Fail". This shut down shall require operator attention for remediation and manual restart. E. Spare Parts One each of the following devices, of the manufacturer, type and model installed in the system, shall be provided as a part of this scope of work and supply; Four (4) thermocouples each with protective sleeves 2. Flame Safeguard module 3. Flame Signal Amplifier module 4. U.V. Flame monitoring sensor 5. Pilot gas igniter 6. Louver actuator motors ry 7. Pilot gas ignition transformer'3Y a, 8. Complete set of fuses applicable to system operation -- 10. One gallon of touch up paint for each color 2.03 GAS HANDLING SYSTEM A. Performance and Design Requirements Landfill gas blower: Two 1550 SCFM landfill gas blowers are required and shall have been designed for use with and in the presence of landfill gas. The blowers shall be multi -stage centrifugal devices, with cast iron ends and sections, and aluminum cast impellers. The blower shall be designed with a highly effective shaft seal (to limit methane emissions to no more than 500 ppmv as determined by EPA Method 21), and shall be designed for direct coupled VFD controlled applications. The blower shall be capable of exerting a minimum of 65" WC vacuum at the suction side, and shall deliver sufficient 11575-9 pressure to service the landfill gas flare and provide 3 inches of water column to the future building heat project, including all system parasitic restrictions, throughout the full design range of this specification. A recirculation system shall be provided to obtain the turn down flows without surging. The blowers are to be wired, piped, and controlled for redundant/back up operation and include controls to automatically switch between blowers to maintain equal run times. a. Motor: The blower shall be furnished by the manufacturer with a 60 Hertz, 3 phase, 460 volt, TEFC enclosure, squirrel -cage induction motor with a 1.15 minimum service factor, and shall be factory mounted with the blower. The motor shall be rated for service with a variable frequency drive. b. Variable Frequency Drive (VFD): A VFD suitable for control of the blower/motor assembly shall be provided. The VFD shall be capable of controlling the blower motor by either a manually selected speed control or by a 4-20 mA DC signal provided by the flow rate or landfill vacuum monitoring system(s). The operator shall be able to select a desired landfill gas flow rate or landfill vacuum at the operator interface console (Touch Screen) or via the Modbus registers (i.e. SCADA), and the system will automatically control the blower speed to maintain the selected flow rate or vacuum. The VFD shall be supplied with internal line reactors. C. Accessories: Each blower shall be furnished with individual vibration s.; a * sensors, mounted on or near the driven end bearing housing ,,_ assembly of the blower, and shall develop an output of 4-20 mA DC representative of in/sec vibrations from the blower. The PLC shall accept this signal, process the signal for touch screen display and via the Modbus registers. The system will allow adjustable alarm and shutdown levels through the touch screen. d. Installation: All piping will be supported so as to preclude the possibility of exerting undue forces and moments on the blower flanges. Suitable flexible connectors will be furnished to isolate the blower from the piping system. Each unit shall be mounted flat and level on the gas handling system steel main skid. e. Acceptable Manufacturers: 1. Hoffman Air & Filtration 2. Gardner Denver / Lamson 3. Atlas Copco/Houston Services Incorporated 2. Demister Filter: The demister filter shall be completely fabricated from 304L Stainless Steel. It shall be of a vertical, cylindrical design with element removal from the top. An 8 -inch flanged, covered, inspection port shall be provided in the side near the bottom for manual clean out of accumulated debris. Nozzle flanges shall meet ANSI 125# specifications. The demister shall be able to remove 99% of droplets >6 micron and shall also remove particulates having a density equal to or greater than water which are >6 micron in size. At the design flow rates, temperatures and pressures, the demister shall not have a clean pressure drop greater than 2 in. W.C. 11575-10 The demister/filter vessel shall be capable of withstanding no less than 5 PSIG pressure/vacuum. a. Demister/Filter Elements: The demister/filter pad elements shall be manufactured from polypropylene fiber and woven in pads. Over 90% of the fiber shall be perpendicular to the flow of the gas. There shall be three groups of pads. Each group of pads shall have the following gauge size fibers and percent void space: 4 layers 37/97; 5 layers 16/96, and 4 layers 8/96. b. Condensate Removal: There shall be a minimum size 2" IPS pipe coupling in the bottom of the filter for condensate removal. C. Pressure drop monitoring: There shall be two minimum sized 1/4 inch pipe couplings in the side of the filter, one each upstream and downstream of the filter element material, for the purpose of connecting a differential pressure monitoring device. The vessel shall be provided with a Dwyer Capsuhelic differential pressure gauge installed with valving for isolation and atmospheric calibration. d. The demister/filter system shall be equipped with an ultrasonic level system for monitoring high condensate level in the base of the vessel. This system shall provide a signal which shall be indicated on the touch screen in units of inches of level and via Modbus register, and shall further provide adjustable set -points for alarm and,shutdown levels. e. The demister/filter assembly shall be located, ingtaNed aL pre, plumbed on the gas handling system skid.::+ C-) ^' 4. Butterfly Valves: Butterfly Valves in the gas piping shall:ber§-Par_aperate lug type, cast iron bodied valves with Viton, nitrile, or Teflgri_resiG,�pt eats; and stainless steel disc and shaft. No part of the cast iron.body shall be in contact with the landfill gas. The shaft seals shall be designed fdi- andfill gas service. Valves shall be selected for a minimum pressure of 25 PSIG. At a minimum, appropriately sized butterfly valves shall be installed on the system skid at the inlet of the system (for isolation from the landfill) and in the suction piping to the blower. 5. Piping: All piping on the gas handling system skid shall be of schedule 10 304L stainless steel. The same specification shall apply to tees, elbows, wyes, etc., except that carbon steel flanges may be used with stainless steel piping if the piping is provided with welded stainless steel stub ends. All flanges shall conform to ANSI 125# drilling specifications. All welding of piping and appurtenances shall conform to the appropriate AWS specifications. A 6" tee with valve and blind flange shall be installed after the blowers to allow for future building heat system connection. Incoming gas piping is 12" HDPE and the condensate drain pipe is 3" HDPE. 6. Flexible Connectors: System piping shall be provided, where required to relieve expansion and/or vibration stresses, with stainless steel corrugated, ANSI flanged flexible connection devices. At a minimum, these devices shall be employed at the inlet and outlet of each blower. 11575-11 7. Packaging: The complete gas handling system shall be designed and manufactured as a pre-packaged, pre -plumbed, pre-conduited, pre -wired and factory pre -tested system on a structural skid. Blower shall be mounted on the structural skid with vibration pads in a manner that: adequately secures the unit during shipment; prevents lateral movement during operation, and allows the unit to "float" vertically on vibration pads such that the blower warranty is not impacted. 8. Structural Skid: The structural skid shall be manufactured from ASTM A-36 structural members. The sizes, weights and shapes of the structural members shall be engineered to support all assemblies and sub -assemblies in loading, lifting (i.e. when lifted from the four corners by a single crane using a spreader bar), transport and operation. Design criteria for the structure(s) shall be UBC 100 mph wind overturn loading and zone 4 seismic loading. All welding shall be accomplished per AWS Section 1.1. Slip resistant diamond plate deck shall be placed over entire skid. Skid finishing shall be in compliance with the preparation, priming, and painting methods described in section 3.07 of this specification. 9. Gauges and Instrumentation Transmitters / Transducers: Direct read-out pressure gauges shall be Dwyer Capsuhelic, and shall be selected in appropriate ranges and/or scales. Analog transmitters / transducers shall be a 2 -wire, 4-20 mA DC devices. Pressure, vacuum and differential pressure transducers shall be provided as ITT/Barton, Rosemount, or equal products. � �. For temperature signals, thermocouple type sensing devices selected for the appropriate temperature ranges are acceptable, with the thermocouple EMF i.'"-' signals processed in the system PLC. The minimum required list of direct ^" read monitoring devices for this system is: _, .• a. Landfill Vacuum Gauge, Dwyer Capsuhelic r; b. Landfill Temperature Gauge, 4-112" dial c. Demister differential pressure Gauge, Dwyer Capsuhelic d. Blower discharge Temperature Gauge, 4-112 dial e. Flame Arrester Pressure Gauge, Dwyer Capsuhelic Note that analog transmitters and compatible devices will be required as necessary to provide real time data listed below. Real time data shall be accessible via touchscreen and Modbus registers. a. Record the following parameters. 1. Gas flow to flare (SCFM) 2. Inlet gas temperature (°F) 3. Totalized flow to flare (SCF) 4. Blower Outlet Temperature (°F) 5. Individual Thermocouple temperature(s) (°F) 6. Designation of process controlling thermocouple and associated temperature 7. Individual Blower Status (On/Off) 8.Blower vibration (in/sec) 9. Pilot flame temperature (°F) 10. Flare fail -closed valve status (closed/not closed) 11. LFG blower(s) operating status (Hand/Auto/Oft) 11575-12 12. Presence of flame (Yes/No) 13. Demister Condensate Level (in) 14. Demister Pressure drop (In H2O) 15. Flare Temperature 3 -hour moving average (°F) (process controlling thermocouple) when flare is operating. Flare is off unless the LFG blower is on and flare fail -closed valve is not closed (per valve limit switch) 16. Flare Status (On/Off) 17. Dry Contact Status [Remote Blower] (On/Off) 18. Blower hour meters (Hours) 19. Blower amps(amps) 20. VFDs Operating Frequency (Hz) 21. Flow set point (SCFM) 22. Vacuum set point (In H20) 23. System mode (FlowNacuum) 24. System vacuum (In HZO) 25. System Status (Hand/Off/Auto) 26. Flame Arrestor Temperature (°F) 27. Any alarm or other condition that causes system shutdown and/or alarms. g. Calculate and store data (non-volatile memory storage) accessible via touchscreen and Modbus registers,Tncluding 1. Total time flame present 2. Total time flame not present -� — 3. Maximum time flame not present 4. Total time collection system on = t 5. Total time collection system off 6. Maximum time collection system off=' 2.04 INTERCONNECTING FLOW METERING ASSEMBLY A. An interconnecting flow straightening pipe shall connect the structural skid to the flare tower. This assembly shall make provision for, but shall not be limited to the following considerations: ANSI 125# flanged connections compatible in size with their respective mating flanges. 2. A minimum of 15 pipe diameters in overall length. 3. A welded half coupling suitable for mounting a differential pressure, velocity averaging type flow measurement device. The location shall be located to provide a minimum of 10 pipe diameters upstream and a minimum of 5 pipe diameters downstream unobstructed flow area. 4. A flexible coupling device located at the flare system end of the assembly adequately designed to accommodate the individual and combined angular, axial and lateral stresses which might be imposed mechanically and/or thermally. 5. The flow pipe shall be provided with a ) pressure, velocity averaging type 11annubar" flow measurement system. The differential pressure output from this device shall be converted to a 4-20 mA DC signal via an ITT/Barton, Rosemount, or engineer approved equal differential pressure transmitter. 11575-13 2.05 ENCLOSED GROUND FLARE CONTROL SYSTEM A. General: The control panel shall be compliant with NEMA 12/3R specifications at a minimum. Control Panel shall have NEMA 4 gasketing & 3 point locking handle. Panel shall be powder coated for outdoor environments. The control panel shall be provided with a swing out inner panel. The control panel shall be fully pre -wired to the extent possible by the system manufacturer. Interconnection points shall be provided as easily accessible terminals for installation by the electrical contractor. The complete control system shall be manufactured, wired and tested in a UL approved panel shop, and shall be specifically designed for the performance of the electrical and logical control requirements of this project. The control panel shall bear the official UL label confirming to UL 508A classification. The panel shall include as a minimum, but not be limited to, the following components: 1. A load center for all the motors, fixtures, controls and devices included with the system. The electrical system shall include voltage transformer(s), disconnects, main and branch circuit protectors and any other protection and/or control devices required for complete operation of the system based on a single electrical service supply of 480 VAC, 3 Phase, 60 Hz. Panel Temperature Control: The electrical motor control panel(s) and/or the c , logical control panels shall be provided with thermostatically controlled k heating and cooling systems as required to ensure proper operation of all > �r motor control and logical supervisory control sub -systems. A PLC based control center to receive all the signals from the various - safeties, controls and monitoring equipment, and to automatically control a ll " the various components of the system. Provide Modbus RTU connection (2 - wire RS -485) and all register addresses for 1/0 parameters for connection of SCADA provided by others. The PLC system will allow the Owner to define Modbus ID and communication parameters (including baud rate, parity, and stop bits). Modbus registers will be grouped in consecutive registers by type (float, 16 bit, 32 bit, etc.). The following listing should be used as general guideline for register mapping: 1�-- 9999 Read—Write Discrete Output Coils (Digital Data) i — 40001-49999 j, Read -Write Output Holding Registers (Analog Data) The contractor is responsible for selecting the register type and size to provide an adequate range to the data fields that will be expected to be encountered during the life of the project. If the data fields require roll over (ie, reset to zero), the contractor will define the roll over conditions and provide the roll over value. Set points and system modes will be stored in different registers form the measured/reported values. 4. Surge protection devices shall be installed for the 3 phase electrical service, the 120 VAC circuit(s), the DC voltage circuit($), and the data line circuit(s). 5. An operator interface panel to allow either manual or automatic selection for the control of the operational components of the system. Such operator interface shall be provided as a "Touch Screen", and shall be fully compatible with the PLC and shall be designed for industrial duty applications. 11575-14 6. Safeties: The system shall be equipped with the following safeties as a minimum. The safeties shall be reported to Modbus registers. a. Blower motor overcurrent b. Blower motor undercurrent (surge) C. High flare temperature d. Low flare temperature e. Flame failure f. Low LFG flow rate g. High demister condensate level h. Fail -closed valve not fully open or fully closed [Inlet Failure] (as applicable) -z i. Pilot failure ray j. Individual Thermocouple failure alarmsc� ra k. Failure of any control system component I. Operator shutdown M . Emergency stop 7. Control Panel Face Mounted Devices: The system shall be equipped with the following control panel face mounted devices as a minimum: Alarm and shutdown message annunciation on touch screen display and provide to SCADA (SCADA by others) via Modbus register(s). Load center circuit breakers as required for full system operation. Test/Off/Auto Switch for the blower Test/Off/Auto Switch for the system Open/Closed/Auto switch for the flare shutdown valve Flame failure annunciation for the flare (Touch Screen and SCADA) High flare temperature annunciation (Touch Screen and SCADA) Low flare temperature annunciation (Touch Screen and SCADA) Inlet Valve Failure annunciation (Touch Screen and SCADA) Low LFG Flow Rate annunciation (Touch Screen and SCADA) Test/Off/Auto Switch for the pilot ignition system 11575-15 I. Flame Failure Reset (Touch Screen and SCADA) M. Amp, frequency, and hour meters for each blower motor (Touch Screen and SCADA) n. Any other monitored data in Section 2.03.A.9 (Touch Screen and SCADA) 8. Provide a 10" x 10" area for installation of SCADA by others. Include a fused 5 amp 24VDC circuit for operation of SCADA components. RS485 and power source connections shall be immediately adjacent to each other. All RS485 wiring shall be shield cable and provide drain wire connection. 9. Provide method via Modbus register that allows a) remote reset of flare shutdown, b) to remotely shutdown and start the flare, and c) to set operation mode (vacuum or flow) and set points (flow or vacuum) of the system. 10. Provide single dry contact run signal to indicate status of landfill gas blower(s). 3.0 EXECUTION 3.01 EXISTING CONDITIONS 7t Inspection: Prior to all work of this section, the Contractor and the flare manufacturer Lbw ' representative in charge, shall carefully inspect the installed work of all other c trades and verify that all such work is complete to the point where this installation may properly commence. 2.- Verify that the work of this section may be installed in accordance with all pertinent codes and regulations, the original design, and the referenced standards. B. Discrepancies: 1. In the event of discrepancy, the Owner and/or their representative shall be immediately notified and commissioning in that area shall not proceed until the discrepancy is resolved. 3.02 INSTALLATION A. General: Install the work of this section in strict accordance with the approved manufacturer's recommendations. B. Installation shall proceed in compliance with the approved installation schedule. C. The work of this section shall be installed plumb and perpendicular to piping. D. Painting: Marred or abraded surfaces shall be cleaned and refinished in accordance with the manufacturer's recommendations. 3.03 START-UP & TESTING A. Factory Test: 11575-16 The entire system, including all controls shall be tested at the manufacturer's plant before shipment. Complete test reports shall be made available which shall show all system controls operate correctly prior to shipment. B. Start-up: The manufacturer shall furnish his factory trained representative for a minimum of three days of start-up & training labor. The representative will remain on site until start-up of the system has been completed to the Owner's and/or their representative's satisfaction. C. Functional and Validation Tests: Upon completion of the installation, functional and validation tests shall be performed. The manufacturer's representative will demonstrate compliant operation of the system to the engineer's satisfaction. Following successful operation for 10 consecutive calendar days, Contractor is required to perform compliance testing and obtain passing test results in accordance with the air construction permit for the flare (See 3.08.F for compliance testing requirements). This will include testing of the Modbus data and alarm systems and the remote alarm reset, remote set points and remote shut down and starting systems. Should the system not perform to the requirements of this specification, the expense of any retesting, if required, will be borne by the contractor and their sQlJs and suppliers, including but not limited to the system manufacturer,. Z; The Contractor shall also be present for this item. The manufaEf � r r�r's=factory=trained representative shall also be present if deemed necessary by tl 9£Q�ron�� r th�Vr representative. 3.05 INSTRUCTIONS r Following successful completion of the functional and validation tests and at er-time designated by the Owner and/or Engineer, the manufacturer's representative in charge of start-up and testing shall thoroughly demonstrate to the Owner's operation and maintenance personnel the operation and maintenance of all items installed under the work of this section. The Contractor shall also be present for this item. The instructions may be separate from the installation, start-up and equipment adjustment services. 3.06 CLEANING A. Clean exposed surface of all grease, dirt and other foreign materials. Touch up all marred or abraded surfaces as specified herein. 3.07 PAINTING A. Surface Preparation All surfaces to be painted shall be dry and shall meet the recommendations of the paint manufacturer for surface preparation. Cleaning and paining operations shall be performed in a manner which will prevent dust or other contaminants from getting on freshly painted surfaces. Oil and grease shall be completely removed by use of solvents or detergents before mechanical cleaning is started. The gloss of previously painted surfaces shall be dulled, 11575-17 if necessary, for proper adhesion of finish coats. 2. All metal surfaces that require painting and are continually exposed to temperatures of less that 200° F shall be commercially sand blasted to SPC SP -6 requirements. 3. The flare and all surfaces exposed to temperatures greater than 200° F shall be commercially sandblasted to SPC SP -6 requirements. 4. All surfaces to be painted shall be prepared and cleaned in accordance with the paint manufacturer's recommended procedures, prior to applying paint or surface treatment. 5. All surfaces shall be thoroughly cleaned and shall be free from oil, grease, dirt, dust, and other foreign substances. 6. All removable items which are in place and are not to be painted shall either be removed or properly protected prior to surface preparation and painting. B. Material Preparation 1. Paint shall be thoroughly mixed each time any is withdrawn from the container to provide a mixture of uniform density. Paint containers shall be kept tightly closed except while paint is being withdrawn. 2'. Paint shall be factory mixed to proper consistency and viscosity for hot Li_i = weather application without thinning. Thinning will be permitted only as q ca necessary to obtain recommended coverage at lower application temperatures. In no case shall the wet film thickness of applied paint be reduced, by addition of paint thinner or otherwise, below the thickness M-; recommended by the paint manufacturer. C. Priming and Painting 1. In general, surfaces of equipment, steel, and cast iron are specified to be shop primed as described in item 3.07A. Any surfaces which have not been shop primed, shop coatings which are damaged or have failed and have been determined to be unsuitable by the Owner or their representative, shall be removed and the surfaces field primed. 2. Edges, corners, crevices, welds, and bolts shall be given a brush coat of primer before spot or touch-up painting of metal surfaces. Special attention shall be given to filling all crevices with paint. 3. Abraded and otherwise damaged portions of shop -applied paint shall be cleaned and repainted as recommended by the manufacturer of the finish coating. Welded seams and other un -coated surfaces, heads and nuts of field -installed bolts, and surfaces where paint has been damaged by heat shall be given a coat of specified primer. This patch, spot or touch-up painting shall be completed, and shall be dry and hard, before additional paint is applied. 4. A 24" wide, 18 gauge, 304 stainless steel band shall be placed at the top of the flare. All other surfaces shall have high temperature primer and paint applied in accordance with the paint manufacturer's recommendations. Paint color shall be sand, black, gray, or customer approved alternative. 11575-18 M OTHER A. Convenience Outlets 711 C. E. Two, 20 amp, GFI circuits each with duplex, 110V outlet, and in use cover located outside of control panel. Heat Trace Circuits and Insulation 1. "On/Off' control switch on outside of panel. 2. Separate circuit(s) with terminal block inside panel for field installation of heat trace components and insulation. 3. All gas and condensate piping and appurtenances shall be heat traced and insulated. Insulation shall be protected with aluminized or stainless steel wrap. Wrap, insulation, and heat trace shall include provisions to allow for normal operation of protected equipment without removal of wrap, insulation, or heat trace. For maintenance points, wrap, insulation, and heat trace shall include provisions for removal and replacement without disconnecting the heat trace or damaging the wrap and insulation. Weather Hood and Security Light 1. One 100 -watt LED security light with On/Off/Photocell switch and photocell. 2. Weather hood to extend a minimum of 3 feet over front of control panels. Operating Manuals 1. Four copies to include: table of contents; installation instructions; operating instructions; maintenance instructions, including a schedule of frequency and requirement by component; list of recommended spare parts; PLC ladder logic printout; PLC and touchscreen programs in hard copy and electronic format; equipment drawings, structural, electric schematic, and P&ID; all manuals and manufacturer information for all equipment, parts, and components; Modbus register listing for all assigned registers; settings for all user programmable devices and PIDs at delivery, during startup, and for compliance testing. An electronic copy shall also be provided. 2. Documentation of calibration, frequency of calibration, and calibration procedures shall be included in the manual for the following items: flow, pressure, temperature, vacuum, and any other monitoring devices. Compliance Testing Initial compliance testing requirements are in Appendix B. M1.] ri END OF SECTION '- a 11575-19 CITY OF IOWA CITY SANITARY LANDFILL ENCLOSED LFG GROUND FLARE STATION APPENDIX A PROJECT NO. IACLF 14002 APPENDIX A EXISTING ENCLOSED LANDFILL GAS GROUND FLARE STATION Appendix A - Cover A-1 h.p L JCC ••� Appendix A - Cover A-1 oT-21495n0 coicnnnn ------- --------- �, Z 1�v--—� �.'��+""o, ( enalyW 7 '% _... E215150 E2752W0 _. w E2752500 ...,. ' _. _. E2153000.. , E21 —_- 5 3500 _ ,E2i54000 _._. -r E215450Q SCALE 200 400-T Lpyoo (j\/�'/�(���,Jy\ ' 2014 • BarkerlemerE�ce n9 n d Cona,ne is VV `t Tya'� LEGEND r - EXISTING GROUND SURFACE tv a,m z. �,— i f I Rrmv.,� � ..` \ (10 Ff. CONTOUR INTERVAL) L' BUILDING/STRUCTURE PROJ A (�LOCAT16� CP , ,' 1` &u:�.x nrx.ao O�o.i —. — — m� I I —1 — •rnua,zn /' l / u^`„�" PAVED ROAD '' --_ _ GRAVEL ROAD /! GRAVFENCEL R —_.— z ' ---- ,.. s', -ler --�u _.oze ^ I — _ CULVERT / STORM .: -- PROPERTY BOUNDARY \ uWg 'uvb----;'.L ——�ra..ir.M! •u-1�,Pysuiw', n '.. f ,`_ r- �Pxz • •\ - — ,,-tag" — •uw.,. Ji-.ad4 — — — CELL BOUNDARY �I \ - \ \\ \ \\ \ .�� � 'e..l�n w 'V « 1E •Mw4Ce rm -.. w-mm•,.•4ezi' ..-....,...o — a — Mw'ZG•GW .0, .o BENCHMARK/CONTROL POINT • MONITORING WELL � uw-, N I gg v$ \'.vs m (( % \ \ ii„idb .✓ (' ( ® — y -r T '''!'�ur�iio uw.l s ` ',., •u;.me ®, •;, MONITORING WELL (ABANDONED) rc •- ^' m a -.S v • r I I1 �. `4� o ,I _I / . , r I '��y, e •lytq, -'. uw Ovz2 LEACHATE PIEZOMETER GROUN WATER UNDERDRAIN OUTLET i} SINGLE TREE w to < V�`�r -� \\\ A � t � I v. ..�-Q,. �— \ 'YtF i • g I., � vm UTILITY POLE I \ " v \ i'�� --a— EXISTING OVERHEAD POWER LINES EXISTING UTILITY FASEMENTU y Q -1 m \. Z' ... �'\\, ,t5&,.,,`°, \ �, r • _ __ -. J'- ., : I •Gw LANDFILL GAS WELL '4GUP SURFACE METHANE MONITORINGJ 0 0 Z ¢ m G Z , . I ' �� J� e +z01r ��Q•;rr .-V�� I L43 ''-i raU _ �2i O�.e PONT EXISTING HDPE GAS PIPING EL- p4 —� /�/�1� I ____ _- EXISTING GAS COLLECTION TRENCH GAS COLLECTION g ,' TRENCH IDENTIFICATION, V o W7 - ph, r - l ( ` -, �'^..�„\•.,�,� \\ ` ?iz`Owea, v.lez cif J r. h I 1d rNµT3 +. �_.'--._._ / ^ \PI.m • .eta __ t, � L ` �� __— � •MWNA (/�'�/ . ^ isib �� w �1^ry / Ali I'*L4° -- _ - y♦� FIGURE _ 1801 meGu;Gl Chde-West 0�Mohes,I w -50265 ?hone:515.256.8814-F=515.256.0152-svw .b ft4emer.m Photograph #t — Existing Landfill Gas Enclosed Flare Station —Facina East 1 n +dWk - a Photograph #t -Existing Landfill Gas Enclosed Flare Station- Facina Southeast n JI S Photoaraoh #3 — Existing Knockout and Pipina from Wellfield — Facing West 'Y ti Photograph #4— Existing Knockout and Piping from Wellfield — Facing West m. S - Photograph #5 - Base of Existing Landfill Gas Enclosed Flare - Facina Northwest Photograph #6 -Existing Building, Blowers, and Control Panels - Facing Southvlest s- J, K._. %s Photooraoh #7—Exislina Control Pangls — Farina South r r s ..Y Photograph #8— Existing Blowers—Facing South f tti 7 01 - 8' HIGH CHAIN LINK FENCE. INSTALL CONDOR AS PER MAX. SPACING OF POST TO FIE 10', CORNERS M HAVE BRACE RNL ANO TRUSS ROD. 6 TENSION WIRE TO BE PLACED AT BOTTOM ALL AROUND. A MIN. OF TWO GROUND BLOWER/FLARE SYSTEMS RODS ME TO BE USED. TOP RAL REQUIRED, CAPS TO BE USED ON TOP OF TEE POSTS. TOP AND BOTTOM FENCE TO BE KNUCKLES SELVACE. FENCE TO BE N0. 9 x5's B 9` EACH WAY WIRE (ZINC OR ALUMINUM COATED) PAL AND BRACE POST TO BE 1 1/4'0 BY 2.276/17. SUPPORTED ® CORNER, END OR PULL POST TO BE 2 1/2"0 BY 5.79$/FT. 3' CENTERS (MIN)AIGIE, GATE POSTS TO HE 6"0 BY 18.97#/FT. 5oD.s 40.00' s2 SP. 0 s" = ss.DD _................. 01 INSTALL CONDOR AS PER \ 6 BLOWER/FLARE SYSTEMS TEE MANUFACTURE REWIREMENTS CONTROL JOINTS AT 10' SPACING SAW THICKNESS/4 AND SEAL 12' SWING GATE (TWO 6' GATES) TO BE LOCATED BY OWNER. NOTE: THE PCC PAVEMENT SHALL MEET GATE SHALL BE PRDNDED WITH IOOT SPECIFICATION FOR MATERIALS AND APPROVED STOP, LATCH AND MEANS INSTALIATION AND CONCRETE MIX SHA - FOR LOCKING. BE IDOT C-3 MIX OR EQUAL, PLAN FOR 1 — C 1 3 BLOWER/FLARE SYSTEM PAD 6CAE: Tj4'.V-Q' . PPSJHE 1µ9K- 0 N 17.00' CLEAR (TYP.) LOCATION OF BLOWER/FLARE SYSTEM INSTALL PER MANUFACTURER'S REQUIREMENTS - `...- � �nN➢ (YSIN¢ E%RtW.XG '+' BEYIXA E1TCE Of flNMAv •1 1/f' CdNUM1EU PI% YA9ES It�NifdSTflNNetE SEAT �WflMld�iN�PiPEs mweucaEo wPE slue 2 — C 1 3 TYPICAL HEADER CASING SCALE: DRAWN BY: WT JOB DATE: 9/27/99 MPROVED: BKH JOB NUMBER 722220J CAD OAE; NOvemCar 23, 1999 11:09:07 ..m. CAD RLE: 7222207\OW9fl\CRAm-13AWG DSVATOS) Howard R. Green Company CONSULTING ENGINEERS SECTION FOR 3 _ C 1 Z BLOWER/FLARE SYSTEM PAD J SCAT: 1/2"®1'_W mi LATERAL PIPE 4—Cl 3 SCALE: 1/2'-1'-D' /r IOWA CITY SLF GAS COLLECTION AND CONTROL SYSTEM CRY OF IOWA CffY, IOWA 1999 ROADWAY PIPING AND BLOWER PAD DETAILS C13 I A.� TEE MOILED TEE 00' MIN BUND FtANGE,m p�.' _y LATERA. PIPE - IT ALL LATERALS WILL BE EXTENDED A MIN. `,.,;-T OF 4' BEYOND THE UST TEE AND BE Z SEALED WH A RLND FUNGE. n LATERAL PIPE 4—Cl 3 SCALE: 1/2'-1'-D' /r IOWA CITY SLF GAS COLLECTION AND CONTROL SYSTEM CRY OF IOWA CffY, IOWA 1999 ROADWAY PIPING AND BLOWER PAD DETAILS C13 I CITY OF IOWA CITY SANITARY LANDFILL ENCLOSED LFG GROUND FLARE STATION APPENDIX B PROJECT NO. IACLF 14002 APPENDIX B COMPLIANCE TESTING REQUIREMENTS Appendix B - Cover B-1 COMPLIANCE TESTING REQUIREMENTS Contractor shall perform compliance testing in accordance with the Iowa Department of Natural Resources (Department) Air Quality Construction Permit forthe new flare. For reference, a list of stack testing consultants obtained from the AQB website is provided in this appendix. It is expected the permit for the new flare will be issued during the flare ordering/manufacturing process and prior to installation. Meanwhile, the permit fort he existing flare is included in this appendix for reference as it is expected the initial compliance demonstration testing requirements and schedules in Section 12 will remain the same or very similar in the permit for the new flare. In addition to the testing noted in the permit, the stack testing group of the Department's Air Quality Bureau (AQB) requires a 30 -day notice prior to the testing so they can observe the testing if they so choose. Contractor shall prepare and submit all necessary testing documentation upon completion of the testing. All submittals, notices, etc. to AQB shall be provided to the Owner for review prior to sending/submitting to AQB. Owner's review schedule shall be considered when scheduling in order to meet regulatory timeframes and schedules. EMISSION TESTING CONSULTANTS This list does not include all stack testing companies and in no way implies certification or constitute acceptance of the work of the listed comparues. The Department shall not be responsible for any unintentional omissions from this list. Please contact Christina Iiams at Christina.Iiams(@,dnr.iowa. op.,oto have your stack test company added to this list. Last Undated: 1 AccuAir, 8620 Wicker Ave., Saint John, IN 46373 (219-765-3425 Geoff Resney AeroMet Engineering Company, 107 Adam Street, Jefferson City, MO 65101 (573) 636-6393 Tom Sheppers Fax: 636-9767 Air Hygiene, 5634 S. 122nd East Ave., Suite F, Tulsa, OK 74146 (918) 307-8865 Fax: (9131) Air Pollution Testing, Inc., 5530 Marshall Street, Arvada CO 80002 (303) 420-5949x33 David Maiers AIRSOURCE Technologies 20505 West 67`" Street, Shawnee, KS 66218 (913) 422-9001 Fax: 9019 Airtech Environmental Services1371 Brummel Ave, Elk Grove Village, IL 60007 James Christ (630) 860-4740 American Engineering Testing, Inc., 550 Cleveland Ave. North, St. Paul, MN 55114 (651) 659-1313 Fax: (1379) ARI Environmental, Inc. 951 Old Rand Rd. Unit 106 Wauconda, IL 60084, (847) 487-1580 fax: (1587) Larry Goldfine Barr Engineering Company, 7390 Ohms Lane, Edina, MN 55439-2330 (952) 832-2600 Fax: (2996) Bureau Veritas, 22345 Roethel DR, Novi, MI 48375 (248) 344-3003 Fax: (2656) Thomas Schmelter Cetcon, P.O Box 702800, Tulsa, OK 74107-2800 (918) 743-2285 Fax: (2286) Clean Air Engineering 500 West Wood Street, Palatine, IL 60067 (847) 991-3300 Jim Pollack Compliance Services Inc, P.O. Box 440, Edgewood, IA 52042 Neil Sherman (563) 928-6400 Fax: (6403) Comprehensive Emission Services, PO Box 910, Waukee, lA 50263 Tim Titus (515) 987-0200 Fax (6604) Deeco, P.O. Box 4159, Cary NC 27519 B1QDeWees, (919) 250-0285 Fax: (1835) deeco@deeco.com EMITTechnologies, Inc., 2585 Heartland Drive, Sheridan WY 82801 (307) 673-0883 Environmental Monitoring Contractors 171 Sola Drive, PO Box 186, Gilberts, IT. 60136 (847) 426-3331 EverettClark Environmental Monitoring and Technologies, Inc-, 8100 N. Austin Avenue, Morton Grove, IL 60053-320, (847) 967-6666 Fax (6735) ENTECH Engineering Inc., P.O. Box 890746, Houston, TX 77289 (281) 332-3118 Fax: (4035) ESC 13715 W Markham, Little Rock, AR 72211 (501) 221-2565 x112 c Gi GE Energy 888 Industrial Drive, Elmhurst, II. 60126 (630) 530-6689 Fax: (6630) Geotechnology Inc., 2258 Grissom Drive, St. Louis, MO 63146 (314) 997-7440 Fax: (2067) Golden Specialty, Inc.- EMG Regional Office, 1355 Sherman Road, Hiawatha SW, Hiawatha, IA 52233 (21Wafit9-060 - GSA Inc., PO Box 807, 1280 Arrowhead Court, Suite 2, Crown Point, IN 46308 (219)661-9900 Fax: 9902`frl �'j 6 Interpoll,lnc. 4500 Ball Road NE, Circle Pines, MN 55014 763 786-6020 ext. 38 Kath Eickstadt Fax" 7954y— Melee 854 Melee Environmental, P.O. Box 598, Addison, TX 75001 (972) 931-7127 Fax: (8398) '( Midwest Research Institute 425 Volker Boulevard, Kansas City, MO 64110 (816) 753-7600 Mostardi Platt Environmental Services, Inc. 888 Industrial Drive Elmhurst IL 60126 (630) 993-2671 Fax: (9017) Optimal Air Testing. 9971 Landmark Lane Casper, WY 82604 Daniel Klassen (307) 237-0814 Pace Analytical Services, Inc. 1710 Elm Street SE #200, Minneapolis, MN 55414 (612) 607-1700 Fax: (6444) Pavilion Technologies 10415 Morado Circle, Building III, Suite 100, Austin, TX 78759 (512) 438-1563 Fax: (1404) Secor 318 Seaboard Lane, Suite 101, Franklin, TN 37067 (615) 794-1524 Fax: (3076) Shaw Environmental & Infrastructure 312 Directors Drive, Knoxville, TN 37923 (865) 692-3630 Fax: (694-7497) Stack Test Group, Inc., 1500 Boyce Memorial Dr., Ottawa, IL 61350 (815) 433-0545 Fax: (0592) Terracon Consulting Inc., 2211 S 156th Circle, Omaha, NE 68130 (402) 330-2202 Fax: (7606) TRC 71 Eisenhower Lane South, Lombard, IL 60148 630-792-0548 Fax: (1197) TRC 9225 US Hwy 183 South, Austin, TX (512) 243-0202 Shunil Jacob Fax: (512) 243-0222 URS Corporation, 9400 Amberglen Blvd., Austin, TX 78729 (512) 4544797 Fax: (8807) Western Environmental Services and Testing, lnc. 913 Foster Rd., Casper, WY 82601 (307) 234-5511 Fax: (8324) ,.7 �J P C� Iowa Department of Natural Resources Air Quality Construction Permit Firm: Iowa City Sanitary Landfill Contact: Richard Fosse (319) 356-5141 410 East Washington Street Iowa City, Iowa 52240 Permit Holder Responsible Party: Richard Fosse CPFP152010531511211209510OA012S2 Permitted Equipment Emission Unit(s): Municipal Solid Waste (MSW) Landfill (EU 5) Capacity: 7,160,901 megagrams Control Equipment: Flare CE 5.1 Maximum Rating: 36.0 MMBt0lar" Emission Point: EP 5.1 rao rI Equipment Location: 3900 Hebl Avenue Iowa City, Iowa 52240 Plant Number: 52-01-053 Permit No. Proj. No. Description Date Testing 00-A-012 j 99-677 New 115100 No 00 -A -012-S1 0000-54gTr" Amend Operating & Emission Limits 11/6/00 ( No 00 -A -012-S2 12-095 I Permit for flare located on landfill 5/1/12 Yes Under the Direction of the Director of the Department of Natural Resources CPFP152010531511211209510OA012S2 Iowa City Sanitary Landfill MSW Landfill (EP 5.1) Iowa City, Iowa 00-A-012-52 PERMIT CONDITIONS Page 2 of 8 The permit holder, owner and operator of the facility shall assure that the installation, operation, and maintenance of this equipment is in compliance with all of the conditions of this permit and all other applicable requirements. This permit and its provisions are subject to the appeal rights set forth in Iowa Administrative Code (IAC), rule 561-7.5. 1. Departmental Review This permit is issued based on information submitted by the applicant. Any misinformation, false statements or misrepresentations by the applicant shall cause this permit to be void. In addition, the applicant may be subject to criminal penalties according to Iowa Code Section 455B. 146A. This permit is issued under the authority of 567 Iowa Administrative Code (IAC) 22.3. The proposed equipment has been evaluated for conformance with Iowa Code Chapter 4558; 567 IAC Chapters 20 – 34; and 40 CFR Pans 51, 52, 60, 61, and 63 and has the potential to comply. No review has been undertaken on the engineering aspects of the equipment or control equipment other than the potential of that equipment for reducing air contaminant emissions. The DNR assumes no liability, directly or indirectly, for any loss due to damage to persons or property caused by, resulting from, or arising out of the design, installation, maintenance or operation of the proposed equipment. 2. Transferability As limited by 567 IAC 22.3(3)"f; this permit is not transferable from one location to another or from one piece of equipment to another, unless the equipment is portable. When portable equipment for which a permit has been issued is to be transferred from one location to another, the DNR. shall be notified in writing at least fourteen (14) days prior to transferring to the new location unless the equipment will be located in an area which is classified as nonattainment for the National Ambient Air Quality Standards (NAAQS) or is a maintenance area for the NAAQS in which case notification shall be given thirty (30) days prior to the relocation of equipment' (See Permit Condition 8.A.6). The owner will be notified at least ten (10) days prior to the scheduled relocation if the relocation will cause a violation of the (NAAQS). In such case, a supplements permit shall be required prior to the initiation of construction of additionalcontrol equipment or equipments modifications needed to meet the standards. The permit "-foafre construction and operation of specific emission unit(s), control egtdpmen[, and emission poi nC E ,as des ed in tli s permit and in the application for this permit. Any owner or operator of the specified emission urrit(s), control egatipin t, or emission point, including any person who becomes an owner or operator subsequent to , dated to wh cl5-'Aris permit is issued, is responsible for compliance with the provisions of this permit. No person _-shall canstruet,_install, reconstruct or alter this emissions unit, control equipment or emission. point without the A °required:xevis ons to this permit. A list Wnonattainment areas and maintenance areas for the NAAQS can be obtained from the Department. 11 3. Construction It is the owner's responsibility to ensure that construction conforms to the final plans and specifications as submitted, and that adequate operation and maintenance is provided to ensure that no condition of air pollution is created. This permit shall become void if any one of the following conditions occur; (1) the construction or modification of the proposed project, as it affects the emission points) permitted herein, is not initiated within eighteen (18) months after the permit issuance date; or (2) the construction or modification of the proposed project, as it affects the emission point(s) permitted herein, is not completed within thirty-six (36) months after the permit issuance date; or (3) the construction or modification of the proposed project, as it affects the emission point(s) permitted herein, is not completed within a time period specified elsewhere in this permit. Iowa City Sanitary Landfill MSW Landfill (EP 5.1) Page 3 of A Iowa City, Iowa 00-A-012-52 3. Construction (Continued) 3.a. Ori2inal Permits The owner or operator shall obtain a new permit if any changes are made to the final plans and specifications submitted for the proposed project. 3.b. Modified or Supplemental Permits This permit supersedes any and all previous permits issued for the emission point(s) or emission unit(s) permitted herein. However, the permittee may continue to act under the provisions of the previous permit for the emission points) or emission unit(s) until one of the following conditions occurs: (1) The proposed project authorized by this permit is completed as it affects the emission point(s) permitted herein; or (2) The permit becomes void. The owner or operator shall obtain a new permit if: (1) Any changes are made to the final plans and specifications submitted for the proposed project; or (2) This permit becomes void. 4. Credible Evidence As stated in 567 IAC 21.5 and also in 40 CFR Part 60.1 l(g), where applicable, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any provisions spesibed in this permit or any provisions of 567 IAC Chapters 20 through 34. n. 5. Owner Responsibility �-, �' Issuance of this permit shall not relieve the owner or operator of the responsibility to comply .full: wit(r.applicalale, provisions of the State Implementation Plan (SIP), and any other requirements of local, state, andtfe4cral•lew. _.„„„1 The owner or operator of any emission unit or control equipment shall maintain and operaie .the equipment and control equipment at all times in a manner consistent with good practice for minimizing emissions, as required by paragraph 567 IAC 24.2(1) "Maintenance and Repair". 6. Excess Emissions Excess emissions during a period of startup, shutdown, or cleaning of control equipment are not a violation of the emission standard if it is accomplished expeditiously and in a manner consistent with good practice for minimizing emissions except when another regulation applicable to the unit or process provides otherwise. Cleaning of control equipment, which does not require the shutdown of process equipment, shall be limited to one six -minute period per one-hour period. An incident of excess emissions other than the above is a violation and may be subject to criminal penalties according to Iowa Code 45513.146A. If excess emissions are occurring, either the control equipment causing the excess shall be repaired in an expeditious manner, or the process generating the emissions shall be shutdown within a reasonable period of time, as specified in 567 IAC 24.1. An incident of excess emissions shall be orally reported to the appropriate DNR field office within eight (8) hours of, or at the start of, the first working day following the onset of the incident (See section 8.13.1). A written report of an incident of excess emissions shall be submitted as a follow-up to all required oral reports within seven (7) days of the onset of the upset condition. Iowa City Sanitary Landfill MSW Landfill (EP 5.1) Page 4 of 8 Iowa City, Iowa 00-A-012-52 7. Disposal of Contaminants The disposal of materials collected by the control equipment shall meet all applicable rules. 8. Notification, Reporting, and Recordkeeping A. The owner shall furnish the DNR the following written notifications: 1. The date construction, installation, or alteration is initiated postmarked within thirty (30) days following initiation of construction, installation, or alteration; 2. The actual date of startup, postmarked within fifteen (15) days following the start of operation; 3. The date of each compliance test required by Permit Condition 12, at least thirty (30) days before the anticipated compliance test date; 4. The date of each pretest meeting, at least fifteen (15) days before the proposed meeting date. The owner shalt request a proposed test plan protocol questionnaire at least sixty (60) days prior to each compliance test date. The completed questionnaire shall be received by the DNR at least fifteen (15) days before the pretest meeting date; 5. Transfer of equipment ownership, within 30 days of the occurrence; 6. Portable equipment relocation: a. at least thirty (30)days before equipment relocation if the equipment will be located in a nonattainment area for the National Ambient Air Quality Standards (NAAQS) or a maintenance area for the NAAQS; b. at least fourteen (14) days before equipment relocation. B. The owner shall furnish the DNR with the following reports: 1. Oral. excess emissions reports, in accordance with 567 IAC 24.1; 2. A written compliance demonstration report for each compliance testing event, whether successful or �-' not, postmarked not later than six (6) weeks after the completion of the test period unless other `r regulations provide for other notification requirements. In that case, the more stringent reporting t requirement shall be met; x:3. ,Operation of this emission unit(s) or control equipment outside of those limits specified in Permit U., r_ �ixtzditions 10 and 14 and according to the schedule set forth in 567 IAC 24.1. Cj t_) ,M115;� C.'--The.awtter shall send correspondence regarding this permit to the following address: Construction Permit Supervisor ' Air Quality Bureau r Iowa Department of Natural Resources 7900 Hickman Road, Suite 1 Windsor Heights, IA 50324 Telephone: (5 15) 281-8189 Fax: (515) 242-5094 D. The owner shall send correspondence concerning stack testing to: Stack Testing Coordinator Air Quality Bureau Iowa Department of Natural Resources 7900 Hickman Road, Suite 1 Windsor Heights, IA 50324 Telephone: (515) 242-6001 Fax: (515) 242-5127 E. the UWllelSIMM NUDU [CpU[la UHU noUucnuuun w. Compliance Unit Supervisor Field Office 6 Air Quality Bureau 1023 West Madison Iowa Department of Natural Resources Washington, Iowa 52353 7900 Hickman Road, Suite 1 Phone: 319.653.2135 Windsor Heights, IA 50324 FAX: 319.653.2856 Telephone: (515)281-8448 Fax: (515) 242-5127 Iowa City Sanitary Landfill MSW Landfill (EP 5.1) Iowa City, Iowa 00 -A -012-S2 8. Notification, Reporting, and Recordkeeping (Continued) Page 5 of 8 F. All data, records, reports, documentation, construction plans, and calculations required under this penuit shall be available at the plant during normal business hours for inspection and copying by federal, state, or local air pollution regulatory agencies and their authorized representatives, for a minimum of two (2) years from the date of recording. 9. Permit Violations Knowingly committing a violation of this permit may carry a criminal penalty of up to S10,000 per day fine and 2 years in jail according to Iowa Code Section 455B.146A. 10. Emission Limits Pollutant ( Ib/hr' I tonstye I Additional I Reference NA 0.1 NA Sulfur Dioxide Nitrogen Oxides (NOx) NA I NA I NA NA Volatile Organic Compounds NA NA NA NA Carbon Monoxide (CO) NA NA NA NA Lead (Pb) NA NA NA NA (Single HAP) NA NA NA NA (Total HAP) NA NA NA NA Standard is expressed as the average of three (3) runs. c Standard is a 12 -month rolling total., An exceedance of the indicator opacity of "no visible emissions" will require the owner/operatorto- pcompdy_iyvestmatg.x the emission unit and make corrections to operations or equipment associated with the exceedanee..':If?ccecd`Znces continue after the corrections, the DNR may require additional proof to demonstrate compliance i..g ,tack testing) a Emission limit used to minimize the PTE. 11. Emission Point Characteristics :e This emission point shall conform to the specifications listed below: The temperature and flow rate are intended to be representative and characteristic of the design of the permitted emission point. The Department recognizes that the temperature and flow rate may vary with changes in the process and ambient conditions. If it is determined that any of the emission point design characteristics are different than the values stated above, the owner/operator must notify the Department and obtain a permit amendment, if required. Iowa City Sanitary Landfill MSW Landfill (EP 5.1) Page 6 of 8 Iowa City, Iowa 00 -A -012-S2 12. Compliance Demonstration(s) and Performance Testing Pollutant Per 40 CFR 60.952(b)(2 Initial Subse uent Methodol2gy Fre uenc PM (state) No No NA NA PM, No No _NA _ NA Opacity �_ No No NA NA s0, NO No - No No No _ NA NA_ NA --'- NA VOC No No NA NA CO No No NA NA Pb No No NA _ NA HAP No _ No NA NA NMOCs Yes No Performance Test` Once i ] h ll b d d d ted t d NMOC b 98 �s'ght rent or reduce ),the contro systems a e esgne an opera o M wee y r5 si pe c the outlet to less than 20 parts per million by volume, dry basis as hexane at 3 percent oxygen. Performance testing is specified in 40 CFR 60.754(d). Testing shall be completed within 90 days of permit issuance. If an initial compliance demonstration specified above is testing, the owner shall verify compliance with the emission limitations contained in Permit Condition 10 within sixty (60) days after achieving maximum production rate and no later than one hundred eighty (180) days after the initial startup date of the proposed equipment. If subsequent testing is specified above, the owner shallverify compliance with the emission limitations contained in Permit Condition 10 according to the frequency noted above. If testing is required, the owner shall use the test method and run time listed in the table below unless another testing methodology is approved by the Department prior to testing. Pollutant PM (federal PM (staj Test Run Time 1 hour 1 hour Test Method j�40 CFR 60 Appendix A Method 5 —j Iowa Compliance Sam�hng Manual Method 5 __ _ PM o -Opacity-.- r - �1 hour I hour 40 CFR 51 Appendix M 201 A with 202 40 CFR 60, Appendix A, Method 9 _ 1 hour 40 CFR 60, Appendix A, Method 6C Npx c-+ 1 hour 40 CFR 60, Appendix A, Method 7E C 1 hour 40 CFR 60, Appendix A, Method 25A a CO 1 hour 40 CFR 60, Appendix A, Method 10 Pt3'� _ 1 hour 40 CFR 60, Appendix A, Method 12 NMOCs:_ . lhour 40 CFR 60, Appendix A, Method25, 25C or 18 The unit(s) being sampled should be operated in a normal manner at its maximum continuous output as rated by the equipment manufacturer, or the rate specified by the owner as the maximum production rate at which this unit(s) will be operated. In cases where compliance is to be demonstrated at less than the maximum continuous output as rated by the manufacturer, and it is the owner's intent to limit the capacity to that rating, the owner may submit evidence to the Department that this unit(s) has been physically altered so that capacity cannot be exceeded, or the Department may require additional testing, continuous monitoring, reports of operating levels, or any other information deemed necessary by the Department to determine whether this unit(s) is in compliance. Each emissions compliance test must be approved by the Department. Unless otherwise specified by the Department, each test shall consist of three (3) separate runs. The arithmetic mean of three (3) acceptable test runs shall apply for compliance, unless otherwise indicated by the Department. A pretest meeting shall be held at a mutually agreeable site no less than fifteen (15) days prior to the date of each test, Representatives from the Department shall attend this meeting, along with the owner and the testing firm, if any. It shall be the responsibility of the owner to coordinate and schedule the pretest meeting. The owner shall be responsible for the installation and maintenance of test ports. The Department shall reserve the right to impose additional, different, or more detailed testing requirements. Iowa City Sanitary Landfill MSW Landfill (EP 5.1) Page 7 of 8 Iowa City, Iowa 00-A-012-52 13. NSPS and NESHAP Applicability The landfill is subject to NSPS Subpart WWW (40 CPR §60.750 - 40 CFR §60.759) Standards of Performance for Municipal Solid Waste Landfills. The MSW landfill is also subject to the General Provisions of Subpart A (40 CFR §60.1 40 CPR §60.19). The design capacity of the MSW landfill is greater than 2.5 million megagrams and is greater than 2.5 million cubic meters. The facility is considered an area source of HAPS and the NMOC emissions are over 50 mcgagrams. Based on this information, the landfill is subject to NESHAP Subpart AAAA (40 CFR §63.1930-40 CFR §63.1990) National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills. The MSW landfill is also subject to the General Provisions of 40 CFR Part 63, Subpart A (40 CFR §63.1 - 40 CFR §63.16). NOTE: In order for a MSW landfill to be subject to NESHAP Subpart AAAA the landfill must have accepted waste since November S, 1987 and have any one of the following apply: 1) The MSW landfill is a major source of HAPS (Hazardous Air Pollutants); or 2) The MSW landfill is collocated with a major source of HAPS; or 3) The MSW landfill is an arca source of HAPS that has a design capacity of equal to or greater than 2.5 million Mg and 2.5 million cubic meters and has estimated uncontrolled NMOC emissions equal to or greater than 50 Mg/yr; or 4) The MSW landfill is an area source of HAPS that has a design capacity of equal to or greater than 2.5 million Mg and 2.5 million cubic meters, and includes a bioreactor and that is not permanently closed as of January 16, 2003. 14. Operating Limits <; 1. The flare shall be operated per the requirements of 40 CFR 60.752 and 40 CFR 60.756(by-! ;.. 15. Operating Condition Monitoring All records as required by this permit shall be kept on-site for a minimum of five (5) years (unl=e's otheffise stated in NSPS Subpart WWW) and shall be available for inspection by the DNR. These records shaljI,demons`tiTatc compliance with all applicable operating limits. Records shall be legible and maintained in an orderly manner. A. The owner or operator shall keep up-to-date, readily accessible records, for the life of the control equipment, of the data listed in paragraphs 60.758(b)(1) through (b)(4) as measured during the initial compliance test. Records of subsequent tests or monitoring shall be maintained for a minimum of 5 years. Records of the control device vendor specifications shall be maintained until removal. B. The owner or operator shall keep for at least five years up-to-date, readily accessible records of all collection and control system exceedances of the operational standards in 60.753, the reading in the subsequent month whether or not the second reading is an exceedance, and the location of each exceedance. C. Per 40 CFR 60.756, the owner/operator shall install, calibrate, maintain, and operate according to the manufacturer's specifications the following equipment for the flare: a) A temperature monitoring device equipped with a continuous recorder and having a minimum accuracy of +/- I percent of the temperature being measured in degrees Celsius or+/- 0.5 degrees Celsius, whichever is greater. b) A device that records flow to or bypass of the flare. The owner or operator shall either: i) Install, calibrate, and maintain a gas flow rate measuring device that shall record the flow to the control device at least every 15 minutes; or ii) Secure the bypass line valve in the closed position with a car -seal or a lock -and -key type configuration. A visual inspection of the seal shall be performed at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line. Iowa City Sanitary Landfill MSW Landfill (EP 5.1) Page 8 of 8 Iowa City, Iowa 00 -A -012-S2 16. Continuous Emission Monitoring Continuous emission monitoring is not required by this permit at this time. 17. Description of Terms and Acronyms acfm Actual cubic feet per minute Applicant The owner, company official or authorized agent CFR. Code of Federal Regulations Department Iowa Department of Natural Resources DNR Iowa Department of Natural Resources gr(dsef Grains per dry standard cubic foot HAP Hazardous Air Pollutant(s) IAC Iowa Administrative Code MMBm One million British thermal units NA Not Applicable NAAQS National Ambient Air Quality Standards NO,x Nitrogen Oxides Owner The owner or authorized representative Permit This document including permit conditions and all submitted application materials _ PMro-- e Particulate Matter equal to or less than 10 microns in aerodynamic diameter ? l sciut t ": Standard cubic feet per minute p SIP�u State Implementation Plan a Std Sulfur Dioxide ' VQC t -.,,.. Volatile Organic Compound + •.. La`W11,-_; ' ` An area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well, or waste pile as r'y those terms are defined under 40 CFR §257.2. MSW Landfill An entire disposal facility in a contiguous geographical space where household waste is placed in or on land. A MSW landfill may also receive other types of RCRA Subtitle D wastes (§257.2 of Title 40) such as conunercial solid waste, nonhazardous sludge, conditionally exempt small generator waste, and industrial solid waste. Portions of a MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned. A MSW landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion. END OF PERMIT CONDITIONS 01-2 3e(2) Prepared by: Daniel Scott, Project Engineer, 410 E Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 15-14 RESOLUTION SETTING A PUBLIC HEARING ON FEBRUARY 9, 2015, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2015 LANDFILL GAS FLARE REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS,funds for this project are available in the Landfill account # L3324. BE 1T 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 project is to be held on the 91h day of February, 2015, 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 20th day of January 120 15 MAYOR r Approved by ATTEST:t� CITY ERK City Attorney's Office pweng\maste \sl tph. doc 1111 Rea®flue&non hio. Fuge 2 15-14 It was moved by Mims and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: TNAYS: ABSENY: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE LANDFILL GAS FLARE REPLACEMENT 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 Landfill Gas Flare Replacement Project in said City at 7:00 p.m. on the 9th day of February, 2015, said meeting to be held in the Emma J. Harvat Hall in 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 contract and estimated cost are now on file in the office of the City Clerk in City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK pwenglmasterslnph doc 9/99 Printer's Fee $. a') C-1 CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.M442-0330670 (c:�C {7 l� being duly sworn, say tha I am the legal clerk of the IOWA CITY PRESS-CITIZEN,a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s): t4 Y`Z.I.Ir Legal Clerk Subscribed and sworn to before me this ?day of D. 20 Notyey Pu lic ADAM JAMES KAHLER ^'�"`° Commission Number 785381 ` My Commission Expires 08/04/2017 OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARINC ON PLANS, SPECIFICATIONS FORM OF CONTRACT AND ESTIMATED COST FOR THE LANDFILL GAS FLARE REPLACEMENT PROJECT IN THE CITY OF IOWA CITY, IOW. TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AN TO OTHER INTERESTED PERSONS' Public notice is hereby given th the City Council of the City of Ion City, Iowa, will ec,,duct a publ hearing on pians, specification form of contract end estimate cost for the conatructlon of R Landfill Go- Flare Replacemer Project In said City at 7:OD p.m. c the 5th day of February, 2015, sai meeting to be held in the Emma. Harvat Hall in Cis,, Hall in said Cit or If said n ing is cancelled, e the next meetlno of the Cil Council thereafteras posted byth City Clerk. Said plans, specifications, form c contract and estimated cast at now on file in the office of the Cit Clerk In City Hall in Iowa City, love and may be inspected by any inte.i acted persons. Any interested persons ma appear at said meeting of tho Cit Council for the purpose of makin objections to and comments con earning said plans, specineatione contract or the cwt of making sale improvement. This notice is given by orderaf th( City Council of the City of low: City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK v.. 11,..11«,,. January 27, 201`. Prepared by Daniel Scott, Project Engineer, 4117 E Washington St., Iowa City, IA 52240 11319) 356-5144 RESOLUTION NO. 15-35 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2015 LANDFILL GAS FLARE REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, 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; and WHEREAS, funds for this project are available in the Landfill account # L3324 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3.00 p.m. on the 3rd day of March, 2015. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Horvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 9"' day of March, 2015, or at a special meeting called for that purpose. Passed and approved this 9th day of Feb ATTEST' CITY CLERK pwengrmasters',res appp&s.doc 1/15 MAYOR 2015 Ap roved y lV City Attorney's Office I �2��I5 lResoluVon NO. 15 - Faye 2 It was moved by Dickens and secoanded by payve Paynethe Resolution be adopted, and upon roll call there were: AYES: NAYS: AIRSENTT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton NOTICE TO BIDDERS PROJECT: LANDFILL GAS ENCLOSED GROUND FLARE STATION REPLACEMENT AT THE CITY OF IOWA CITY SANITARY LANDFILL Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, prior to 3:00 P.M. on the 3`d day of March 2015. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 9th day of March, 2015, or at special meeting called for that purpose. The Project will involve the following: Installation of a landfill gas enclosed ground flare station replacement All work is to be done in strict compliance with the Project Manual and Drawings prepared by Barker Lemar Engineering Consultants, of West Des Moines, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and 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 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) years from and after its com- pletion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Dates: Substantial Completion: August 20, 2015; Final Completion: September 3, 2015. Liquidated Damages of $2,500 per calendar day for exceeding three (3) allowable days of the enclosed landfill gas ground flare system being inoperable; $750 for each calendar day beyond the specified substantial completion date of August 20, 2015; and $500 per calendar day beyond the specified final completion date of September 3, 2015. 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 City Engineer, 410 East Washington St., Iowa City, Iowa, by bona fide bidders. A $75.00 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 City of Iowa City. 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 Inspections and Appeals at (515) 281-5796 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. Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontrac- tors, together with quantities, unit prices and extended dollar amounts. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Printer's Fee $ 4. CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42.0330610 7 being duly sworn, say that I drin the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ( time(s), on the following date(s): t Legal Clerk Subscribed and orn to befor his day of A.Qt 20 Notary bl ADAM JAMES KAHLEH k Commission Number 785381 My Commission Expires 08/0412017 ^OFHCIAL PUBLIC 5110 � No 'a To BIDDERS PROJECT. LANDFILL GAS ENCLOSED GROUND FLARE STATION REPLACEMENT AT THE CITY OF IOWA CITY SANITARY LANDFILL Sealed proposals will be received by the City Clerk of the City of Iowa City. Iowa. onor to 3 O P.M.on the proposals will be opened immedi- ately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "scaled bid" for purposes of this Proiact, proposals received after this deadline will be returned to the bidder unopened proposals will be acted upon by the City Council at a meating to be held in the Frima J. Harvat Hall at 700 PM. �-!, 9th de f March 201@, or at spacial meaning called for that pnrposa. The Project will Involve the follow- ing: 111SScnll T n of a I ndflil acts anrloned arculigH flare slatpl! 21GL.MMe„A nraLi d flan station. All work Is to be done m strict ncmpliance with the Project Manual and Drawings prepared by @ir onar Ena neerinu Qaaa 1tmiji. of West Des Manes. Iowa, which have 11"Otore bean 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 lora furnished by the City and must be accompanied in a sealed eneelope. separate from the one eoma,r ing the proposal, by a bid bend executed by a corporation suthOrlzed to contract as a aunty in Ina State of lovra, in the sum of !OS6 cf 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 fmo to enter into a contract within ten (10) calendar days of the City CourwlCs award of the contract and post bond satisfactory to the CIty anaudng the faithful pe!fp- manes of the contract and marnts- nrmce of sold ProlecL if requited.. puraa:ant to the provisions of the natlae and the other contract doc- urnme. Bid bonds of the lower: foo or more bidders may bi retained for a period of not to exceed fifteen (15) calendar days fallowing award of the contractu until rejection is made. Other bid bonds will be retumad after the canvass and tabulation of bids Is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred Per- cent (100%) of the contract price, said bond to be issued by a rBsponsi his sandy approved by the Cry ono shall guarantee the prompt pmffw I of all mvtarrals and labor, and also prot"Crt and save nannless the City from all clalme and damages of any kind caused directly or indirectly' by the operation of the: contract, and shall also guarantee the maintenance of tite improvement for a period of t,vo (2) years frTn and after its corrtp:ation and formai acceptance by the City Cuunn'l ins fotl,.ii ;;rotations shall ,iopiY to this PrOKl Saecified Completion Dates; Substantial Comp;aucrl August 20. 2015; Final Completion: September 3, 2015. Liquidated Damages of $2,500 per calendar day for exceeding three 13) allowable days of the enclosed landfill gas ground flan system being Inoperable; $750 for each calendar day beyond the specltied substantial completion date of August 20. 2015: and $600 par calendar day beyond tyre spec- ified final completion date of September 3, 2015. Tne plans, specifications and pro- posed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of Proposal blanks may be secured at the Office of City Engineer, 410 Egg Washington St., Iowa City, Iowa, by lona fide bidders. A $75.00 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 ditty. prdspectMe bidders are advised that the City of Iowa City deems to employ minortty contractors and subcontractors on City projects. A Visiting of minority contractors can be oblalned from the Iowa Depamment at Inspections and Appeals d (515) 281-5790 and the Iowa Departmert of Transportation Contracts Office at (5151239-1422. Bidders shall list on the Fpm of Fropoaw the miles of persona, firms, companies Of other parties with whom the bidder intends to subcontract. This Ilst shall include the Type of work and apremAmete subcormact arrourns). The Contractor awarded the cl* tract shall submit a list on the Form of Agreement of the proposad sub- contractors, together with gH4nU- tie3, unit prices and extended dol- lar amounts. By virtue of statutory autho'fty, preference must be glven to Prod- ucts and provislona grown and coal produced w;I11n the Stefe or Iowa, and to laws domestic rarxx, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder Prefer- ence law applies to this Proiel Contractor awarded 1t* contract shall submit a list on the Farm of Agreement of the Proposed sub- conbranors, together with querm- tee, unit prices and cadenced dol- lar amounts. The City reserves the fight to reject any or all PMPCS!Ihi, acid also reserves the right to wake techN- calitas; and IrmgularW”. Fublished upon Order of the City Ccurlcii of Iowa Cty. Iowa. MARIAN K KARR. C'fy CLERK Febrany,, 13, 2015 - MIT"Tr 4 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 15-62 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2015 LANDFILL GAS FLARE REPLACEMENT PROJECT. WHEREAS, Calacci Construction Company of Iowa City has submitted the lowest responsible bid of $479,000.00 for construction of the above-named project; and WHEREAS, funds for this project are available in the Landfill account # L3324. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Calacci Construction Company, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 9th day of March _'20 15 MAYOR ATTEST: CITY CtERK Approved by 3 City Attorney's Office It was moved by Throgmorton and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES X pwenglmastem' wr n,wc NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton NOTICE OF CLAIM (PUBLIC PROJECT77 (Iowa Code 6 573.7) ry TO: BOND PRINCIPAL:71 s (Name and Address) PUBLIC AUTHORITY: Iowa City Landfill & Recycling c/o Tom Markus CitV Manager, 410 E Washington Street, Iowa City, Iowa 52240 (Name and Address) FROM: CLAIMANT: (Name and Address) PLEASE TAKE NOTICE that Claimant is looking to Bond Principal and Surety for Payment: 1. The following kind of labor, services, equipment or materials were furnished or agreed to be furnished by Claimant: Landfill Gas Flare Replacement, . In connection with the public work of improvement known as: Iowa City Landfill & Recycling and located at 3900 Hebl Avenue SW, Iowa City, IA 52256 2. The name of the person to or for.wh6m the labor, services, equipment or materials were furnished is: Calacci Construction Company Inc., 207 Scott Ct PO Box 1906 Iowa City, IA 52244-1906 3. The amount in value, as near as may be determined, of any labor, services, or materials already furnished or to be furnished is: $289,600.00 with a balance due of $173,760.00 Dated: /Is ✓f, n2 Perennial Energy --(LC By: , ell . Dewayne Kirnbr6g1T,CF0 VERIFICATION I, the undersigned, state: I am the CFO of Percm ial Enemy LLC, the claimant named in the foregoing notice of claim; I un authorized to make this verification for tyle claimant; I have read the foregoing notice of claun mid kilo -,v the contents thereof, uid lire same is true and correct. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF /l %ISS 6 c e y , THAT THE FOREGOING IS TRUE AND CORRECT. r Executedon P? otk-r.41c j� li- ,atm�L�C���7fNS A41C (atetr Sigrl'a.4re' DATE: L STATE OF I SS: COUNTY OF Subscribed and swoni to before ine this � � day ocAb GZO /I jkznl�azl� Notary PTubli wNoltatry Seal ���� State of Missouri Howell County etoh127 MycoCommissionisxirsMrc2018 (Print Name) OT Y PUBLIC in the State of GLYY residing in S S f Commission Expires: n� to ry •. - r� 6 FORM OF AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and Calacci Construction Company, Inc. ("Contractor"). Whereas the City has prepared certain plans, specifications, proposal and bid documents dated the 9th day of March , 2015, for the Landfill Gas Flare Replacement Project ('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 1 b. Standard General Conditions of Construction Contract (EJCDC-2007); C. Drawings; d. Specifications and Supplementary Conditions; e. Notice to Bidders; f. Note to Bidders; g. Performance and Payment Bond; h. Restriction on Non -Resident Bidding on Non -Federal -Aid Projects; i. Contract Compliance Program (Anti -Discrimination Requirements); j. Proposal and Bid Documents; and k. This Instrument. 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. 3. The names of subcontractors approved by City, together with quantities, unit AG -1 prices, and extended dollar amounts, are as follows (or shown on an attachment): Steve's Electric - $2,000.00 AAA Mechanical - $3,000.00 Barker Lemar - $33,750.00 Payments are to be made to the Contractor in accordance with the Supplementary Conditions. DATED this 17th day of March CC - ATTEST: Mayor City Clerk AG -2 2015. Contractor B /d 6' --- John B. Calacci e) President ATTES Rebecca Calacci (Title) Secretary/Treasurer (Company Official) Approved By: a �j L�J <? a-7r>/J(fl?�Lf'— City Attorney's Office FORM OF PROPOSAL (ADDENDUM #1) Project LANDFILL GAS ENCLOSED FLARE SYSTEM REPLACEMENT NOTICE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL ARE CON- TAINED WITHIN THE BACK COVER OF THIS DOCUMENT. Name of Bidder Calacci Construction Company Inc Address of Bidder P O Box 1906 Iowa City, IA 52244-1906 TO: City Clerk City of Iowa City City Hall 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 file "Project Specifications." 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 perforin the Project as described in the Contract Documents, including Addenda 1 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. TOTAL BID AMOUNT = FP -1 $ ` l77 cxo. ao ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 Mobilization/Demobilization LS 1 $ SU, cx o ` $ 501 Cc0 , op 2 Disassemble and Off -Site LS 1 $_'1Ot eco $ �iD/ 6W a-) Removal of Existing Enclosed Landfill Gas Ground Flare Station 3 Enclosed Landfiil Gas LS 1 $/ cco Ground Flare Station Replacement 4 SCADA System LS 1 $ Jgt DUO $ � jt pcc, fp TOTAL BID AMOUNT = FP -1 $ ` l77 cxo. ao The names of those persons, firms, companies or other parties with whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows: NOTE: All subcontractors are subject to approval by City. The undersigned bidder certifies that this proposal is made in good faith, and without collusion or connection with any other person or persons bidding on the work. The undersigned bidder slates that this proposal is trade 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: Calacci Construction Company, Inc. Signature: Printed 'title: President Address: P O Box 1906 Iowa City, Iowa 52244-1906 Phone: (319) 354-7000 Contact: John Calacci FP -2 PERFORMANCE AND PAYMENT BOND Bond No. 54204524 Calacci Construction Co„ Inc. as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and United Fire & Casualty Company (insert the legal title of the Surety) as Surety, hereinafter 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 Four Hundred Seventy Nine Thousand and No/100 Dollars (5479,000.00 ) 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 March 9, 2015 entered into a Landfill Gas Flare(Rep�acemert written Agreement with Owner for A 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 —, which Agreement is by reference made a part hereof, and the agreed-upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and Is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms.and conditions of the Agreement; and upon 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 PH -1 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 andior amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of two (2) years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS 23rd DAY OF March, 2015 20 IN THE PRESENCE OF: Witness 1XItness Sunny Barte T agen Calacci Construction BCalaccditle) President UnjWd Fire & Casugh Company fetILa/) v�J (/ Dione R. Young (T' e) orr ey-in-Fact Holmes, Murphy and Associates, LLC 3001 Westown Parkwav 9M (Street) West Des Moines, IA 50266-1321 (City, State, Zip) (515) 223-6800 (Phone) UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS; IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, GALVESTON, TY - IT$ Second Ave SE ' FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401 CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company - See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing tinder the lair's of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of. Texas, and FINANCIAL PACIFIC INSURANCE COMPANY„a corporation duly organized and existing under the laws of the State of California (herein collective!}}' called the. Corn amen), and having their corp orate head pttatters in Cedar Rapids, State of Iowa, does snake, constitute and appoint 'KEVIN J. KNUTSON, 0; JODY A. DECKER, ALL INDIVIDUALLY OF THE CEDAR RAPIDS, IA OFFICE; OR CRAIG E. HANSEN, OR JAY D. FREIERMUTH, OR BRIAN M. DEIMERLY, CINDY BENNETT, OR ANNE CROWNER,.ORTIM MCCULLOH, OR STACY VENN, OR LACEY CRAMBLIT, OR SHIRLEY S. BARTENHAGEN, OR KYLEE HEUSI, OR DIONE R. YOUNG, OR MICHELLE GRUIS, OR KATHLEEN BREWER, ALL INDIVIDUALLY of DES MOINES IA their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, sear and execute in its behalf all lawful bonds, undertakings and lather obligatory instruments of similar nature provided that no single obligation shall exceed $100,000,000.00 - and to bind the Companies thereby as fully and to the some extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted Is continuous and shall remain in full force andeffect until revoked by I NITED FIRE & CASUALTY. COMPANY, UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY, This Power of Attorney is madeand executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE. & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "-Article VI - Surety Bonds and Undertakings” Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakingsand other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by faesimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such insiro.ments and to attach the seal of the Companies thereto The President or any Vice President, the Board of Directors or any other officer of ..the Compani-s may at any time revoke all power and authority previously given to any attorney-in-fact. , \p\IIIISIG _ \\,I lllllyl/IN to be by its sy�.4'I��li sU"HvicepresdentandEscEorporatese0altobeheretoave afFiedthisl5tch caused th ddyreso tsJanuarY�d2014 y p •: `:� y aP �FDApDp9R in ' cDaroxnT£ coxrou.T£ �4�urr zz Fp p= UNITED FIRE &CASUALTY COMPANY "s£qi t sss i_ UNITED FIRE & INDEMNITY COMPANY a ° " = FINANCIAL PACIFIC INSURANCE COMPANY "Rl�elm\\aP c� r�yT, q[1FOPN. t,. 011la 1 `�` I, p11N10"0`" By: State of Iowa, County of Linn, ss - President On 15th day of January, 2014, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and says: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said Instrument is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. pt eI Judith A,. Davis z S Iowa Notarial seat A Notary Public iC Commission number 173041 My commissions pires: 4/23/2015 owK My Commission Expires 4123/2015- I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of ITED FIRE & INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL. PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney; with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS,: and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this day of , 20 �qJ'W' V YO't?J.Ii ��II IpIN1I . . ..... 1... /4, co ro oPP09gfrv-YCF-- fORPD1IATEC g "s5 � �arrzz ,off y/jJj1 BY' '4.4a SEAL y i,/"/,��SRAL Y a 06 w C-I(IFOA Y I \= VIII-ajl'I+Ia111R5\:`, , IDP, IIaYN 'It'll �v/IIINAn, 13POA0049 0913 Secretary, OF&C Assistant Secretary, OF&I/FP1C DISCIIARGE OF CLAIM FOR ACCOUNT OF PUBLIC IMPROVEMENT Iowa code Chapter 573 To: Iowa City Landfill & Recycling 410 E Washington Street, Iowa City Iowa 52240 Public Entity Calacci Construction Company Inc.,207 Scott Ct PO Sox 1906 Iowa City, IA s��aa_iun� Contractor In accordance with the terms and provisions of the Iowa Notice of Claim Iowa code 573.7, is hereby given that: WHEREAS, Perennial Energy LLC (hereinafter "Claimant"), having an address at 1375 County Road West Plains MO 65775, has filed a claim (iowa code chapter 573) in the amount of $173,760.00 against the Iowa City Landfill & Recycling for labor and material furnished at 3900 Hebl Avenue SW, Iowa City, IA 52256 ("2015 Landfill Gas Flare Replacement Project"); WHEREAS, such lien claim constituted a lien upon moneys due and payable, or to become due and payable, and under the control of the Iowa City Landfill & Recycling, pursuant to a certain public improvement contract between Ca]aCCj Construction Company Inc. and Perennial Energy LLC; and WHEREAS, an agreement has been reached with Claimant in full settlement of such lien claim; NOW, THEREFORE, in consideration of such payment, Claimant hereby releases, relinquishes and discharges its lien claim of record, against Iowa Landfill & Recycles. IN WITNESS WHEREOF, the undersigned has signed, sealed and delivered this Discharge of Claim for Account of Public Improvement on this i day of47;Z, 20 It-, U 'a.5 ?ea '�„ n ik7L Frmrcl (-� C Pe n ial Ener 7LL� By. — -_/ 6-- )F�GG'19 Dcwayne Kimbrough, CFO STATE OF RKS01iri, COUNTY OF HLLQII ss.: CORPORATION Dewayne Kimbrough, being duly sworn, says that deponent is the CFO of Perennial Enerey LLC herein, that deponent has read the foregoing notice of discharge and knows the contents thereof, and that same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes to be true. The reason why his verification is made by deponent is that deponent is an officer to wit, the CFO of Perennial Energy LLC, which is a domestic corporation authorized to do business in and deponent is familiar with the facts and circumstances herein. Pe By: fl�rrh,aL62t'y3 ZLC Dewayne Kimbrough, CFO Sworn to before me this �_ day of 20 V 'ai a, r V�u�KATENA WARREN Notary Public, Notary Seal - -^ Notary Public State of MissouriHwe-a Comm ssloln #0)4592467 My Commission Expires March 12, 2018 "7M17 - 4d(7) Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 16-1.19 RESOLUTION ACCEPTING THE WORK FOR THE 2015 LANDFILL GAS FLARE REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2015 Landfill Gas Flare Replacement Project, as included in a contract between the City of Iowa City and Calacci Construction of Iowa City, dated March 9, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Landfill account #L3324; and WHEREAS, the final contract price is $479,000.00. 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 3rd day of May , 20 16 MAS OR AApppppr��ovedf�by ATTEST %�t ,� >� y�r �1 CIT LERK City Attorney's Office z,46, It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES x Pwenglmaslerslacptwork. doc 4f16 NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton