HomeMy WebLinkAbout2003-160 ly, C�. I
FIRST AMENDMENT TO CONTRACT AGREEMENT O ' 11f V
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
INDIAN RIVER COUNTY , FLORIDA
CLASS I LANDFILL OPERATIONS , MANAGEMENT AND POST
CLOSURE CONTRACT
This First Amendment to Contract Agreement ( " Amendment " ) is
entered into this 1st day of July , 2003 ( " Effective Date " )
by and between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL
DISTRICT , a dependent special district of Indian River
County , Florida , whose address is c / o Department of Utility
Services , 1840 25th Street , Vero Beach , Florida 32960
( hereinafter referred to as the " District " ) , and Waste
Management Inc . of Florida , a Florida corporation , whose
address is 2700 NW 48th Street , Pompano Beach , FL 33073
( hereinafter referred to as the " Contractor " ) , for the
services set forth herein .
BACKGROUND RECITALS :
WHEREAS , the District and the Contractor entered into that
certain Contract Agreement , dated November 4 , 1997 , ( the
Contract Agreement , together with all contract documents
appended thereto is hereinafter referred to as the
" Contract " ) , for operations , management , and operations
services solely for the District ' s Class I landfill at 1325
74th Avenue , Vero Beach , Florida ( hereinafter " Landfill " ) ;
and
WHEREAS , the parties desire to amend the Contract to extend
its term , modify insurance and bonding requirements , change
the Contractor ' s method of compensation , and provide for
other amendments and modifications ;
NOW , THEREFORE , in consideration of these premises , and
other good and valuable consideration , the receipt and
sufficiency of which are hereby acknowledged , the parties
hereto , intending to be legally bound , covenant and agree
to amend the Contract as follows :
1 . The existing ARTICLE I - SCOPE OF WORK of the Contract
is deleted in its entirety and replaced with the following :
1 . 1 . Landfill Operations . Landfill operations under this
Contract shall include , but are not limited to , complete
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operation and operations services for the Landfill
including application of initial cover and intermediate
cover ; leachate disposal ; operation and maintenance of
Contractor - furnished equipment and District - furnished
facilities ; provision and training of operations personnel ;
and Class I post closure maintenance and other disposal
services as specified in this Contract and as required by
the FDEP Operations Permit # 5031 - 0128769 - 004 ( the
foregoing collectively hereinafter referenced as " Landfill
Operations " ) . The Landfill shall be operational 7 days a
week from 7 : 00 a . m . to 5 : 00 p . m . except for the following
holidays : New Year ' s Day , July 4th , Labor Day , Thanksgiving
Day , and Christmas Day .
1 . 2 . Additional Services . Further , the Contractor , at the
District ' s request and subject to mutually satisfactory
negotiated terms and acceptable compensation , agrees to
provide additional services in connection with the Landfill
not included in paragraph 1 . 2 above as required by the
District .
1 . 2 . 1 SWDD shall reimburse the Contractor for any
reasonable additional equipment cost incurred in connection
with placing sand on the infill Landfill liner , and SWDD
shall provide the sand at no cost to the Contractor for
such purpose .
1 . 3 . Landfill gas system operation and maintenance . The
Contractor shall operate and maintain the gas extraction
system at the Landfill as depicted on CDM project # 6706 -
33240 dated January 2003 on the terms set forth on
SCHEDULE 1 attached to this Contract and incorporated
herein in its entirety by this reference .
1 . 4 . The Contractor acknowledges and agrees that Landfill
Operations under this Contract do not include the
construction and demolition debris landfill that is
operated by the District .
2 . The existing ARTICLE II - COMPENSATION of the Contract
is deleted in its entirety and replaced with the following :
2 . 1 . Payment for Landfill Operations : From and after the
Effective Date of this Amendment , and continuing through
and including December 31 , 2003 , the payment to Contractor
for Landfill Operations shall be Ninety Thousand Four
Hundred Forty Four and 89 / 100 ( $ 90 , 444 . 89 ) per month , pro
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rated as applicable ( the foregoing amount hereinafter
referenced as " 2003 Rate " ) . The District and the
Contractor acknowledge and agree that the 2003 Rate is not
subject to escalation during the balance of calendar year
2003 .
2 . 2 . Commencing January 1 , 2004 , compensation to the
Contractor for Landfill Operations shall be Seven Dollars
and 83 / 100 cents ( $ 7 . 83 ) per ton of waste disposed in the
Landfill during the term of this Contract . The price per
ton set forth in this paragraph 2 . 2 will be subject to
escalation as set forth in the Contract as modified by this
Amendment for each year of the Contract . Notwithstanding
the foregoing , the District and the Contractor acknowledge
and agree that the first escalation request shall be made
no earlier than June 15 , 2004 , with the first price
adjustment to be effective , if granted , on January 1 , 2005 .
2 . 3 . Pent for Landfill gas system operation and
maintenance : The routine monitoring and maintenance
services set forth under Task 1 - Initial Landfill
Inspection and Task 2 - Routine Monitoring and Maintenance
provided by Contractor , as set forth in Schedule 1 will be
Nine Hundred Dollars ( $ 900 . 00 ) per month invoiced on a lump
sum basis , commencing as set forth in Schedule 1 . The
District and the Contractor acknowledge and agree that the
price per month for Landfill gas system operation and
maintenance is subject to annual escalation as set forth
in paragraph 2 . 4 of this Contract . Notwithstanding the
foregoing , the District and the Contractor acknowledge and
agree that the first escalation request shall be made no
earlier than June 15 , 2004 , with the first price adjustment
to be effective , if granted , on January 1 , 2005 ,
2 . 3 . 1 . All non - routine services and major repairs required
for the Landfill gas system operation and maintenance will
be performed on a not - to - exceed time and materials basis .
For all non - routine services and major repairs , Contractor
will provide the District with a written not - to - exceed
estimate for the specific corrective repair or maintenance
work identified . This work would then proceed only upon
the District ' s written approval .
2 . 3 . 2 . For all emergency services , Contractor will keep
the District informed of all activities conducted and
implement only those services necessary to mitigate the
safety hazard . These emergency services will be conducted
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on a time and material basis . A written estimate of the
required expenditures will be forwarded to the District
within 5 working days after completion of the emergency
services . After mitigation of the emergency or safety
hazard , Contractor will then proceed to coordinate and
schedule the non - emergency repairs as set forth in
paragraph 2 . 3 . 1 above .
2 . 4 . Contractor shall be permitted annually to request a
price adjustment to the payment price for Landfill
Operations and Landfill gas system operation and
maintenance pursuant to this paragraph 2 . 4 , with the first
price adjustment to be effective , if granted , on January 1 ,
2005 . The Contractor shall submit annually to the District
a written request and appropriate documentation , no later
than June 15 , commencing June 15 , 2004 for an adjustment to
the payment price for Landfill Operations and Landfill gas
system operation and maintenance . Such request shall not
be unreasonably refused . Any such adjustment granted by
the District shall become effective on January 1 of the
following year for the remaining term of the Contract ,
commencing January 1 , 2005 . The adjustment shall not
exceed 75 percent of the change of the Consumer Price Index
( CPI ) , specifically , the Urban Consumers Index , published
by the U . S . Department of Labor , Bureau of Labor
Statistics , for the Southern States . Downward adjustments
resulting from a negative CPI shall be made by the
District , when appropriate , without a request from the
Contractor .
2 . 4 . 1 . The adjustments shall be computed as follows : For
each subsequent fiscal year of the Contract , the net
percentage change shall be 75 percent of the difference
between the CPI as of the immediately preceding January 1
and the second preceding January 1 divided by the CPI as of
the second preceding January 1 . The following formula
shall be used for the cost adjustment :
( XLX, X 0. 75) + 1
X,
Cost Adjustment = where , X1 = CPI for second preceding
January 1 ; X2 = CPI for immediately preceding January 1 .
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3 . The existing ARTICLE III - TERM OF CONTRACT of the
Contract is deleted in its entirety and replaced with the
following :
3 . 1 . The term of this Contract shall commence on the
Effective Date and end June 30 , 2010 , unless sooner
terminated in accordance with its terms . The obligations
of the District under this Contract are subject to the
continuing appropriation of funds by the County to the
District for the services to be performed under this
Contract . The term of this Contract may be extended for
one ( 1 ) additional period of seven years , at the mutual
agreement of Contractor and the District . The District
will notify the Contractor no later than August 31 , 2009 of
its intent to renew or not to renew the Contract for an
additional seven ( 7 ) years .
4 . From and after the Effective Date of this Amendment ,
the following ARTICLE is added to the Contract as new
ARTICLE V - GENERAL :
5 . 1 . Annually , the District may , but is not obligated to ,
allow Contractor , at no charge , to utilize 11 , 400 tons of
ground vegetative material for stabilizing seed and for
other approved uses ( i . e . , alternate landfill cover ) . The
quantity of ground vegetative material supplied by the
District may , but is not required to , be increased annually
by at least 5 % by weight to meet expected increases in
waste volume . The hauling , loading , spreading , and other
utilization of the supplied ground vegetative material
shall be at the sole cost of Contractor .
5 . 2 . The Contractor acknowledges and agrees that if the
Landfill is unavailable to accept solid waste of any nature
whatsoever solely due to the fault or negligence of
Contractor , then , in such event the Contractor shall
immediately have all incoming solid waste of any nature
whatsoever taken or otherwise transferred to an approved
Solid Waste Management Facility at no cost to the District
for the entire time that the Landfill is unavailable to
accept such solid waste , other than the per ton rate set
forth in section 2 . 1 of this Contract .
5 . 3 . All references in the General Conditions and
Supplemental Conditions portions of the Contract to the
" County " as Owner shall be deemed to be references to the
" District " ( except that the reference to " County " in
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SUPPLEMENTAL CONDITIONS SC - 6 shall remain " County " ) , and
all references in the General Conditions and Supplemental
Conditions portions of the Contract to the Chairperson as
the Chairperson of the Indian River County Board of County
Commissioners shall be deemed to be references to the
Chairman of the District .
5 . General Conditions ARTICLE 15 - CHANGES IN THE WORK is
deleted in its entirety .
6 . General Conditions ARTICLE 25 - INSURANCE is modified
as follows :
6 . 1 . Paragraph b captioned " General Liability " is modified
to add the following sentence at the end of such paragraph :
" The General Liability Insurance policy shall also include
coverage for fire . "
6 . 2 . The existing Combined Single Limits subparagraph of
paragraph b captioned " General Liability " is replaced with
the following : " The limits of the General Liability
insurance policy shall be Combined Single Limits of no less
than : $ 3 , 000 , 000 - general aggregate ; $ 3 , 000 , 000 -
products - comprehensive or aggregate ; $ 3 , 000 , 000 - each
occurrence . "
7 . General Conditions ARTICLE 26 - IRREVOCABLE LETTER OF
CREDIT is deleted in its entirety and replaced with the
following :
26 . 1 . Irrevocable Letter Of Credit . In order to ensure
performance of its obligation under the Contract , the
Contractor shall , on or before the Effective Date of this
Amendment provide to the District : i ) an irrevocable direct
pay letter of credit from a national banking association
authorized to transact business in the State of Florida , in
form and substance satisfactory to the District in the
amount of Five Hundred Thousand Dollars ( $ 500 , 000 ) ; and ii )
a performance bond in the amount of One Million Five
Hundred Thousand Dollars ( $ 1 , 500 , 000 ) , in form and
substance satisfactory to the District . The existing
$ 750 , 000 performance bond may be increased to the amount of
One Million Five Hundred Thousand Dollars ( $ 1 , 500 , 000 ) , or
replaced with a new performance bond in the amount of One
Million Five Hundred Thousand Dollars ( $ 1 , 500 , 000 ) , at the
sole option of the Contractor . The District and the
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Contractor acknowledge and agree that the form of the
existing $ 750 , 000 performance bond is satisfactory .
8 . General Conditions ARTICLE 33 - INDEMNIFICATION is
amended by amending Paragraph a in its entirety to read as
follows :
a . Indemnity by District . Solely to the extent permitted
by Florida law , and in no event greater than the limits set
forth in Florida Statutes section 768 . 28 , the District
agrees to indemnify and hold harmless Contractor , its
officers , agents and employees for any and all claims ,
losses , liabilities and damages , ( specifically excluding
attorneys ' fees and expenses ) arising out of or attributable
to the construction and operation of Class I Landfills
prior to November 4 , 1997 . Contractor shall have no
liability or responsibility for any conditions that existed
prior to November 4 , 1997 at the Landfill , whether
presently known or which may be discovered in the future .
Since the District has retained control over the continuing
environmental maintenance over all non - Class I areas of the
Landfill facility , the District agrees , solely to the
extent permitted by Florida law , and in no event greater
than the limits set forth in Florida Statutes section
768 . 28 , to indemnify and hold harmless the Contractor , its
officers , agents and employees for any and all claims ,
losses , liabilities and damages , ( specifically excluding
attorneys ' fees and expenses ) arising from violations of
applicable laws and regulations governing environmental
control of the non - Class I area of the Landfill facility .
9 . General Conditions - ARTICLE 36 - ADDITIONAL GENERAL
CONDITIONS : Paragraph h [ on page GC - 221 is deleted in its
entirety .
10 . Supplemental Conditions SC - 1 . 3 . 4 - PLACEMENT OF COVER
MATERIAL . Paragraphs a and b of Supplemental Conditions
SC - 1 . 3 . 4 are deleted in their entirety and replaced with
the following :
a . Initial cover and intermediate cover shall be applied in
accordance with the permit documents and FAC rules in
effect at the time of this Amendment .
b . Intentionally deleted .
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11 . Supplemental Conditions SC - 2 - PRICE ADJUSTMENTS is
deleted in its entirety .
12 . Specification SECTION 1 . 1 - PROJECT REQUIREMENTS -
1 . 1 . 1 GENERAL DESCRIPTION OF WORK - CONTRACT OPERATIONS :
In the first paragraph , delete the second sentence in its
entirety , beginning with the phrase " The Contract period "
and ending with the phrase " to 5 years . "
13 . Specifications SECTION 1 . 1 . 12 - SECURITY is hereby
modified in its entirety as follows :
1 . 1 . 12 . Security . The Contractor shall coordinate the
entrance and exit of all Class I related operations and
construction vehicles and personnel that are under the
control of the Contractor . Should damage occur due to a
breach of security caused by or directly attributable to
the Contractor , the Contractor shall make good all damage
to the site and facilities and equipment thereon resulting
from its failure to provide adequate security measures .
14 . Specifications SECTION 1 . 2 . 1 - HOURS OF OPERATION is
hereby modified in its entirety as follows :
1 . 2 . 1 . Hours of Operation . The Landfill shall be open to
receive solid waste from 7 : 00 a . m . to 5 : 00 p . m . seven days
per week except for designated holidays . Wastes will not
be received on Independence Day , Labor Day , Thanksgiving ,
Christmas , and New Year ' s Day .
15 . Specifications SECTION 1 . 2 . 2 - ENTRANCE PROCEDURES is
hereby modified in its entirety as follows :
1 . 2 . 2 . Entrance Procedures . The Contractor shall be on
duty at all times the Landfill is open to receive solid
waste . The Landfill facility gates shall be locked by the
District at the close of business each day . Contractor
shall ensure that the gates are locked after Contractor ' s
employees leave the Landfill facility each night . Drivers
of waste hauling vehicles arriving at the Landfill facility
shall be required to stop and receive a weight ticket or
identification tag from the District weigh master . The
Contractor shall accept at the Landfill only those solid
wastes that are accompanied by an official weight tag
issued by the District weigh master . Failure to comply
with this provision shall be deemed a basis for this
Contract to be terminated by the District for cause .
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16 . Specifications SECTION 1 . 2 . 4 - MAINTENANCE OF ON - SITE
FACILITIES AND OTHER RESPONSIBILITIES . Both subparagraphs
of paragraph d of Specifications Section 1 . 2 . 4 are hereby
modified in their entirety as follows :
d . Roads , Drives , and Parking Areas . Contractor shall
perform all repair , replacement , patching , and other work
required to maintain the Class I all - weather site access
road from the scale house to the west fence ; Segment 1
access road , and all other Class I ancillary drives and
parking areas in optimum operating condition at all times .
Contractor shall maintain the permanent all - weather road on
the Landfill surface including necessary repairs and
restoration of all - weather surface ; repair and restoration
of the base ; repair and restoration of drainage facilities ;
and other operations necessary to provide at all times a
riding surface free from major distortion and capable of
supporting the loaded waste hauling vehicles . The
permanent all weather road shall be : i ) designed to
accommodate transfer tractor trailers of up to 80 feet
long ; and ii ) expanded at the sole cost of Contractor , by
no later than August 1 , 2003 . Contractor acknowledges and
agrees that the permanent all weather Landfill roads shall
be able at times to accommodate such 80 foot trailers . In
addition , Contractor acknowledges and agrees that the
moveable temporary tipping area shall be , at all times
during which such moveable temporary tipping area is
operational , an all - weather moveable temporary tipping area
of sufficient size , strength , and stability to accommodate
transfer tractor trailers of up to 80 feet long . The
Contractor shall take any and all reasonable precautions to
control particulate emanating from these surfaces .
Contractor may utilize pallets , clean debris as defined in
62 - 701 . 200 ( 15 ) FAC , and similar inert material to provide
all weather access to the tipping area .
17 . The background recitals are true and correct and form
a material part of this Amendment .
18 . All terms and provisions of the Contract not amended
by this Amendment shall be and remain in full force and
effect .
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IN WITNESS WHEREOF , the parties have caused this Amendment
to be executed by their respective duly authorized officers
as of the day and year first written above .
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
BY : ;
KenAh R . Macht , Chairman
Date approved by SWDD : July 1 , 2003
Attest :
; Jeffrey K . Barton o 77
l �� R Clerk to the District
Approved :
Jmes E . Cha dler
ounty Administrator
jAp ' ved as to form and legal sufficiency
an E . Fell
Assistant County Attorney
WASTE MANAGEMENT INC . OF FLORIDA
BY :
j'eL
CHARLESO . NA
VICE PRES
Attes .
RO PLAN
ASIST T CRETARY
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SCHEDULE I
Costs & Scope of Services to Conduct the Operation and
Maintenance of Landfill Gas System ; Indian River Landfill ;
Indian River County , FL
Waste Management Inc . of Florida as Contractor
( " Contractor " ) is pleased to submit this cost and scope of
services for various work efforts in support of the
Landfill gas extraction system at the Landfill as depicted
on CDM project # 6706 - 33240 dated January 2003 . The scope
of services reflects an initial inspection of the wellfield
following startup / acceptance by the District and general
scope to perform routine gas system maintenance / monitoring .
as described herein . Provisions have also been made for
assignment of non - routine maintenance and monitoring tasks .
ASSUMPTIONS
1 . Terms exclude construction maintenance and non - routine
scheduled and emergency maintenance as further described in
Task 3 .
2 . Excludes NSPS data collection , recordkeeping , and
reporting .
3 . Reflects operation in accordance with FDEP Title V Air
Operation Permit # 0610015 - 002 - AV ( non - NSPS site ) .
4 . Excludes pilot fuel ( propane ) .
5 . Excludes auto dialer response responsibility ( unit
operation will be confirmed on all days of landfill
operation ) .
6 . Flare is unenclosed .
7 . Excludes surface emission monitoring .
8 . Excludes condensate pumping / transmission / disposal
responsibilities , other than routine pump inspection ,
preventative maintenance .
9 . Upon notification by Contractor of issues , District will
enforce all warranties ( services and hardware ) associated
with subject system installation .
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SCOPE OF SERVICES
Task 1 Initial Landfill Inspection
1 . 1 At the time of acceptance of the Landfill gas
collection system by the District and Contractor notice to
proceed , Contractor will conduct an initial inspection of
the Landfill gas system . This inspection will take 2 to 3
days and will include the first routine operation and
maintenance ( hereinafter " O &M " ) visit as well as :
1 . 1 . 1 . Assessment of above - grade piping and wellhead
integrity ;
1 . 1 . 2 . Thorough review of the flare operation , including
blower function ;
1 . 1 . 3 . Documentation of the current flow through the
system ;
1 . 1 . 4 . Calculation of the system heat content ( Btu ) ; and
1 . 1 . 5 . Evaluation of the integrity of each probe .
1 . 2 . In addition , Contractor will take digital
photographs of the flare skid and wells and collect
baseline samples from each of the proposed 47 gas
monitoring locations , including the probes . The available
vacuum applied at each well , the gas flow and gas quality
( CH4 , CO2 , 02 , and / or N2 ) will be recorded and we will
determine whether there is adequate vacuum being applied
across the wellfield . A written report will be prepared
for the District ' s file and this baseline data will be used
to compare future operation of the gas system .
1 . 2 . 1 . It is assumed construction logs and as - builts for
the gas system will be provided in electronic format , if
available , or hardcopy , if not . The construction logs must
show the well depth , length of the screened interval ,
boring diameter , and casing diameter .
Task 2 - Routine Monitoring and Maintenance
2 . 1 . General . For a non - NSPS operations and maintenance
visit , Contractor will conduct a one ( 1 ) day routine
system - wide inspection and data collection , consistent with
normal procedures for such systems . The methane and oxygen
concentrations and gas flow rates ( if wellhead
configuration allows ) of the gas wells will be monitored
and adjusted to minimize offsite migration , e . g . overdraw
and to maximize LFG collection .
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2 . 2 . Initial Monitoring . Contractor will conduct the
activity specified in 2 . 1 above twice during each of the
first two months following startup ( District acceptance or
Contractor notice to proceed ) to ensure that the new wells
are balanced .
2 . 3 . Routine Monitoring . After the end of the initial
monitoring as set forth in 2 . 1 . 1 , above , Contractor will
conduct the activity specified in 2 . 1 above once each month
thereafter during the term of this Contract using a
standard GEM or comparable instrument . Assuming that the
available ports have been installed in each gas well ,
monitoring and recordkeeping will include methane quality
( % by volume ) , carbon dioxide ( % by volume ) , oxygen ( % by
volume ) , balance gas ( % by volume ) and flow ( standard cubic
feet per minute ) , where appropriate .
2 . 3 . 1 . Monthly routine maintenance to the District ' s gas
system will include :
. 1 inspecting the above - grade portion of each well and
probe ,
. 2 lubricating blowers and motors ,
. 3 replacement of filters ,
. 4 maintaining vegetative growth inside , as well as around
the flare system ,
. 5 maintaining vegetative growth around the gas wells and
condensate sumps ,
. 6 testing voltage output and operation of the blower ( s ) ,
. 7 draining the condensate knock - out vessel , when required
. 8 checking blower belt wear and adjusting belt tension ,
. 9 inspecting the flame arrester and periodic cleaning as
required ,
. 10 inspecting the emergency shut - off quarterly ,
. 11 checking flare pilot system and pilot gas fuel tank
levels ,
. 12 checking flare controller set points in accordance with
the manufacturer ' s recommendations and schedules ,
. 13 checking the gas extraction wellheads for such items
as : proper valve operation / adjustment , obstructions in the
sampling and testing ports , and tightness of bolts and
clamps ,
. 14 conducting minor repairs such as repair or replacement
of sample ports , adjusting flex joints ,
refastening / repairing flex hose , and adjusting pipe
supports to account for differential settlement ,
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. 15 inspect and perform minor maintenance of condensate
pump at flare station ,
. 16 recommending or implementing solutions to manage gas
migration , and
. 17 conducting opacity testing ( Method 22 ) annually for the
flare , in accordance with the Title V permit requirements ;
and
. 18 recommending or implementing any other procedure that
is necessary for safe operation of the landfill gas control
system .
2 . 4 . Contractor will prepare and submit a written monthly
summary report for the District to be used in the
District ' s reporting to the regulatory agency . The
monthly summary will include the tabulated monitoring
results recorded for that month , problems encountered and
solutions implemented , adjustments made to the wellfield or
flare system , and general maintenance performed on the
system .
Task 3 - Non - Routine Scheduled and Emergency Maintenance
3 . 1 Non - routine activities consist of services that , due
to the nature of the activity , can be scheduled at a time
convenient to the District or , because of the potential
damage to public health and / or the environment , must be
completed immediately ( emergency ) .
3 . 1 . 1 . Non - routine scheduled services consist of response
to major corrective repair or maintenance work identified
during the routine visits . Non - routine scheduled work
could include items such as : follow - up monitoring related
to regulatory agency notifications ; response to excessive
blower vibration , repair of rigid , above grade piping ; and
any repair of flare station components , including
condensate sump pump damage due to electrical surge ,
outages ; and construction maintenance . Construction
maintenance is defined as repair / replacement of subsurface
gas collection system components , including , but not
limited to : repair of broken or leaking piping ; repair of
condensate sumps ; replacement of extraction wells or
monitoring probes ; localized settlement regrading which
results in condensate entrainment . This work is essential
to achieving the Landfill gas system operational goal ;
however , it is considered work that can be scheduled to
allow for efficient procurement of materials , rental of
equipment , and scheduling of additional personnel that may
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be required . Contractor will order parts and implement
necessary repairs or replacements to the wellfield , flare ,
or utility generation systems as requested in writing by
the District . Replacement and repair of major components
will be conducted upon receipt of those components .
3 . 2 . Emergency work includes any situation related to the
gas system that constitutes an imminent safety hazard . The
urgent nature of these items is such that response to them
cannot be scheduled . Accordingly , Contractor would usually
respond to these conditions , as needed on an event by event
basis , seven ( 7 ) days per week , within an eight ( 8 ) hour
period from notification of the problem . These can
include , but are not limited to : blower failure ; flame
failures , alarm conditions and alarm failures ; odor
complaints ; and gas pipe breaks that disrupt gas flow .
Contractor will provide all necessary labor , equipment ,
tools , and materials required to perform these types of
non - routine emergency services on an as - needed basis . If
upon response to an emergency call , Contractor determines
that the facets of the " emergency" do not constitute an
immediate safety threat , Contractor will perform only the
work required at that time to eliminate any related safety
hazard . Once the safety hazard has been mitigated ,
Contractor will then proceed to coordinate and schedule the
non - emergency repairs as described above .
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