1. SCOPE OF WORK

The East Central Solid Waste Commission will use the Contractor to assist in the future development of the East Central Solid Waste Commission Mixed Municipal Solid Waste Landfill (Landfill) (SW-17) and the development of the Construction and Demolition Debris Landfill. Considerable soil volume must be removed in order to achieve the sub-grade elevations necessary to construct these planned expansions.

The Contractor selected will be responsible for excavating soil in these areas to the required grades within specified time periods.

The Commission completed a wetland delineation of the Landfill property. Several wetlands located in or near the area are to be excavated. A description of the wetland and maps from the delineation report are provided in Attachment 1. The Commission and Engineer has completed paperwork required for gaining approvals to address these wetlands.

Drawing No. 1, provided in Attachment 2, illustrates the area to be excavated, the desired sub-grades elevations are shown on this drawing. (yet to be developed)

Based on the Commission’s estimate of when the Landfill development will be required, the following completion schedule has been established for attaining the desired sub-grade elevations:

During the term of the contract for this project, the schedule will be reviewed each year between the Contractor and the Commission on or before December 31. The completion date may vary depending on the Commission’s consumption of existing landfill airspace. There will be liquidated damages of $2/cy when areas to be excavated for future development are not completed.

The Commission will be responsible for the scheduling of and the clearing of timber from the excavation and stockpile areas. Timber clearing from the future excavation area will be as directed by the Commission as required. In addition, prior to excavation, all deleterious materials such as surface vegetation shall be stripped, removed and either stockpiled, or burned, by the Contractor, as directed by the Commission.

During clearing, the Contractor shall:

• Completely remove remaining trees, shrubs, grasses, stumps, and other vegetative material from areas designated to be cleared and grubbed, including root system of trees and shrubs.

• Burning of vegetative waste on site will be allowed subject to Contractor obtaining necessary permits and Commission approval. Continuous monitoring during burning operations is mandatory.

Any material stockpiles shall be located as directed by the Commission. The Contractor is responsible for establishing a haul road from the excavation area to the Stockpile Area. The Commission shall approve the haul road location. Traffic shall not be allowed on existing bituminous roads.

During stockpiling, the Contractor shall:

During this Project, the Contractor shall:

• Protect persons, both on and off the site, from injury.
• Protect trees, shrubs, existing structures, fences, roads, utilities, and other features that are to remain as part of the completed Project. This includes any groundwater monitoring well or gas probe within or surrounding the area of excavation.
• Protect off-site property from damage caused by Contractor's construction operations. Exercise particular care in preventing disturbed soils, debris, refuse, or other potential pollutants from entering any watercourse or adjoining property.
• Protect benchmarks, property corners, and existing structures from damage or displacement.
• Not bring or use explosives on the site.
• Immediately repair at Contractor's cost all damage caused by work on the Project.
• Not impede the operations of the Landfill and coordinate activities with the Commission.

The Engineer will take lead in completing SWPPP for submittal to the MPCA for permitting. The document will be prepared with input from both the Commission and Contractor with all three parties’ signatures. Completion of the SWPPP requirements will be the Contractor’s responsibility.

The Commission completes surveys at the Landfill during April and October of each year. As part of this Project, the Commission will complete a topographic survey within the excavation areas to verify the Contractor’s work relative to the desired subgrade. Initial cut and limit stakes will be provided by the Commission for the Contractor, at project start-up. Before starting any earthwork, Contractor shall review and satisfy itself as to the adequacy and accuracy of the control surveys and data established by the Commission. CONTRACTOR may make such measurements and surveys as it deems necessary to confirm the Commission's control surveys. Any variance or discrepancies will be resolved by the Commission’s Engineer

Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of the Commission. Unauthorized excavation, as well as remedial work, shall be at the Contractor’s expense. The Contractor shall back-fill unauthorized excavations with specified Common Backfill, as determined by the Commission. Compaction shall be to a density not less than that specified for the subsequent material layers.

In order to minimize erosion and protect the excavation elevations achieved, erosion control (e.g., silt fence) shall be provided, if necessary, to protect slope grades.

The Commission’s Solid Waste Program is regulated by public law and statutes; and other state and local regulations. Unless otherwise specified, it shall be the Contractor's responsibility to identify the applicable federal, state and local laws and regulations and apply the procedures as required.

In the course of conducting activities pursuant to the foregoing Scope of Work, the Contractor must perform on-site work. The Contractor shall develop and implement safety and health, and emergency response programs/plans for activities that involve employee exposure, or the reasonable possibility for employee exposure, to safety and health hazards. The Contractor shall review all information provided and develop the necessary documents that contain the health and safety criteria, procedures, and practices sufficient to protect on-site personnel, the environment, and potential off-site receptors from chemical and physical hazards. The Contractor is solely responsible for the health and safety of its employees. A copy of the Contractor’s project Health and Safety Plan shall be provided to the Commission prior to commencing field operations.

Decomposing refuse at the Landfill generates methane gas. Confined spaces may be oxygen deficient and may contain harmful gasses. Safety procedures should be adhered to in order to maintain a safe working environment.

The Contractor shall identify potentially significant health and safety problem areas as they arise while completing the Scope of Work.

2.3.2 Questions From The Public

The Contractor shall refer all questions from the public to the Commission Executive Director.

2.3.3 Scope of Work Guidance

The Contractor is cautioned to take no guidance from any source during the course of this Project that deviates from the requirements stated in the foregoing Scope of Work. The Contractor shall immediately notify the Commission Executive Director of any such requests.

All data, reports, and material relative to this work are the property of the East Central Solid Waste Commission and shall not be released by the Contractor, subcontractors or their employees without written authorization from the Commission Executive Director.

Contractor generated reports shall be typed on quality 8.5" by 11" white bond paper. Use of a word processor with letter quality printer is required. Draft submittals shall be doubled spaced and final submittal shall be single-spaced.

Word Processing: Electronic files shall be submitted (including illustrations) with the hard copy deliverable in Microsoft Word or equivalent on formatted 3 1/2" hard disk or CD Rom.

Draft Submittals: Draft submittals are considered "Draft" only in that they have not been reviewed and approved by the Commission. In all other respects "draft" shall be complete, in proper format, fully illustrated, and free of grammatical and typographical errors.

Final Submittals: The final submittal shall further develop and resolve all comments generated by the draft submittal.

All "hard copy" deliverables shall be submitted on recycled-content paper, and printed double-sided unless otherwise specified.

3. SITE INFORMATION

The Landfill is located approximately 3.5 miles west of Mora, Minnesota, just off of Highway 23, on Kanabec County Road 60. The Landfill is owned and operated by the Commission.

Normal work hours are Monday through Friday, 7:00 A.M. to 5:00 P.M., except for federal holidays. However, the Contractor is responsible for scheduling work so as to minimize impacts to landfill operations. Therefore, work may be accomplished outside normal work hours, but must be coordinated with the Commission Executive Director in advance of work execution.

4. TIME SCHEDULE

The term of this contract shall be until January 1, 2014 commencing on the date of agreement. In addition, the Commission and Contractor may agree to extend the terms of this Agreement for an unspecified period of time beyond January 1, 2014 upon terms and conditions as parties shall mutually agree. The Contractor is responsible for scheduling work so as to minimize impacts to landfill operations. Therefore, work must be coordinated with the Landfill operator in advance of work execution.

During the performance of this agreement, Contractor agrees that no person shall, on the grounds of race, color, religion, age, disability, marital status, public assistance, criminal record, creed or national origin be excluded from full employment rights and, participation in, or be denied the benefits of employment or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination.

Contractor is an independent Contractor and nothing herein contained shall be construed to create the relationship of an employer and employee between Commission and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how best perform or provide services. Contractor acknowledges and agrees that Contractor is not entitled to receive any of the benefits received by Commission employees and is not eligible for workers’ or unemployment compensation benefits from the Commission. Contractor also acknowledges and agrees that no withholdings or deduction for State or Federal income taxes, FICA, FUTA, or otherwise, will be made from the payment due Contractor and that it is Contractor’s sole obligation to comply with applicable provisions of all Federal and State tax laws.