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HomeMy WebLinkAboutCOOPER BARNETTE PAGE INC DEANS BRIDGE ROAD MSW LANDFILL PHASE 111 STAGE 1 CELL 2A .... . Telephone (404) 633-4321 Fax . :40A 6~-1312 Bond Fax (404) 248-0444 Yates Insurance Agency 4 Executive Park East, N.E., Suite 200 Atlanta, Georgia 30329 June 21, 2007 Augusta-Richmond County 430 Green Street Augusta, GA BOND NUMBER: 929429363 Contractor: Cooper, Barnette & Page, Inc. Project: Deans Bridge Road MSW Landfill Phase III Amount: $3,583,380.91 Dear Sirs: Please accept this letter as your authorization to date the performance and payment bonds and powers of attorney the same date as you date the contract for the captioned project. Should there be any questions, please call me. Western Surety Company dr' cooA BOBR ACOR~M iODUCER. , Ites Insurance Agency Executive Park East, NE Suite 200 O. Drawer 95806 .Ianta, GA 30347 (404) 633-4321 DATE (MM/DDNYYY) 6/22/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE OF LIABILITY ~NStJRANCE ,URED Cooper, Barnette & Page, Inc. 1928 Executive Park Drive, Suite A Statham, GA 30666- INSURERS AFFORDING COVERAGE INSURER A: Zurich American Ins CO INSURER B: American Guarantee & Liability Ins CO INSURER C: Association Casualty Insurance Com pan INSURER D: American International Specialty Lines INSURER E: ACE Pro ert & Casual Insurance Com NAIC# OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iR ~~~~ POLICY NUMBER PE.L.!SY EFFECTIVE POLICY EXPIRATION LIMITS R GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C --:-:- X X COMMERCIAL GENERAL LIABILITY GL0539016001 6/15/2007 6/15/2008 PREMISES 't~~~~ncel $ 300,000 I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 - 2,000,000 GENERAL AGGREGATE $ - 2,000,000 GEN'L AGGREGATE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ I POLICY rxl ~~2i LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 --:-:- $ X ANY AUTO BAP5390161-01 6/15/2007 6/15/2008 (Ea accident) --:-:- X ALL OWNED AUTOS BODILY INJURY X (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - (Per accident) $ NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per acCident) ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 ~ OCCUR D CLAIMS MADE AUC591771701 6/15/2007 6/15/2008 AGGREGATE $ 10,000,000 $ ~ DEDUCTIBLE $ X RETENTION $ -0- $ WORKERS COMPENSATION AND X I WCSTATU. I IOTH- TORY LIMITS ER EMPLOYERS' LIABILITY WCA0400341-04 6/15/2007 6/15/2008 $ 1,000,000 E.L. EACH ACCIDENT ANY PROPRIETOR/PARTNERlEXECUTIVE 1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE. POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below OTHER Pollution Liability CPL2364485 5/1/2007 5/1/2008 $25,000 Oed. $1,000,000 Installation/Builders Risk 121115150001 6/21/2007 6/21/2008 $3,583,381 ,SCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ,: Dean's Bridge Road MSW Landfill Phase III, Stage 1, Cell 2A. Augusta-Richmond County is included as additional insured as respects ineral Liability when required by written contract. ERTIFICATE HOLDER CANCELLATION Augusta-Richmond County 530 Green Street Augusta, GA 30911- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ <k/ c~~ CORD 25 (2001/08) @ACORD CORPORATION 1988 ACORDTM CERTIFICATE OF LIABiliTY INSURANCE I DATE (MMlDDIYYYY) 7/18/2007 PRODUCER (404) 633-4321 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Yates Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4 Executive Park East, NE Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Drawer 95806 Atlanta, GA 30347 INSURERS AFFORDING COVERAGE NAIC# INSURED Cooper, Barnette & Page, Inc. INSURER A Zurich American Ins Co 1928 Executive Park Drive, Suite A INSURER B American Guarantee & Liability Ins Co Statham, GA 30666- INSURER c Association Casualty Insurance Company INSURER D ACE Property & Casualty Insurance Comp< INSURER E: COOPBAR-02 JOTA COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~ TYPO: POLICY EFFECTIVE Pgk~Y EXPIRATION LTR POLICY NUMBER LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ 1,OOO,OOC A X ~ 3MERCIAL GENERAL LIABILITY GL0539016001 6/1512007 6/15/2008 PREMISES lEa occurence) $ 300,00C I--- CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 10,00C PERSONAL & ADV INJURY $ 1,OOO,OOC GENERAL AGGREGATE $ 2,000,00C n'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00C POLICY '1Xl'~~?r n LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X /'Ny AUTO BAP5390161-01 6/15/2007 6/15/2008 (Ea accident) ~ ALL OWNED AUTOS ~ BODiLY INJURY $ SCHEDULED AUTOS (Per person) I--- HIRED AUTOS BODILY INJURY I--- $ NO~OWNED AUTOS (Per accident) I--- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R /'NY AUTO OTHER ~ EA ACC $ AUTO ONLY: AGG $ tKJESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,001 B X OCCUR D CLAIMS MADE ~UC591771701 6/15/2007 6/15/2008 AGGREGATE $ 10,000,OOC $ hrl DEDUCTIBLE $ X RETENTION $ -0- $ WORKERS COMPENSATION AND X I WC STATU- I lOTI-!- TORY LIMITS ER C EMPLOYERS' LIABILITY WCA0400341-04 6115/2007 6/15/2008 1,000,00C /'NY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,00C If yes. describe under $ 1,OOO,OOC SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER D Installation/Builders Risk 121115150001 6/21/2007 6/21/2008 $1,000 Oed. $3,583,381 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS See attached page. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Augusta-Richmond County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3L- DAYS WRITTEN 530 Greene St. Room 605 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Augusta, GA 30911- IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT A llVE J~:--) c~ ;/'f.;? ~:~-=::=..:.':<':~ ~0.j /" . ACORD 25 (2001/08) @ACORD CORPORATION 1988 COOPBAR-02 JOTA IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authDrized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) COOPBAR-02 JOTA PAGE 1 OF 1 DESCRIPTION OF OPERATIONS- Cooper, Barnette & Page, Inc. 1928 Executive Park Drive, Suite A Statham, GA 30666- Augusta-Richmond County 53U Greene St. Room 605 Augusta, GA 30911- Project: Dean's Bridge Road MSW Landfill, Phase III, Stage 1, Cell 1 Augusta-Richmond County(project owner) & Jordan, Jones & Goulding (Architect/Engineer) are additional insured with respects to the general liability policy. Waiver of subrogation applies to the general liability policy in favor of the additional insureds. Damage by blasting; damage to eXisting structures; damage to private driveways, walks, shrubbery, plantings, etc; damage to public utilities, electric, water telephone, gas sewerage, etc; & damage to US government markers is covered under the general liability policy. XCU Included. Umbrella follows form subject to policy terms, exclusions and conditions. Augusta-Richmond County will be given 30 days notice of cancellation & 10 day notice for non-pay. II ACE Builders Risk XTRA Coverage Form Coverage Information Various provisions on this policy restrict coverage. Read the entire policy carefully to detennine rights, duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations. The words we, us and our refer to the Company providing this insurance. Words and phrases that appear in italics are specifically defined. Refer to Section F. DEFINITIONS in this Coverage Form for those definitions. A. Coveraee We will pay for direct physical loss to Covered Property from any Covered Cause of Loss. 1. COVERED PROPERTY We will cover the Insured Project(s) described in the Declarations while in the course of construction, reconstruction or renovation provided a Limit of Insurance is shown in the Declarations. Covered property includes: a. Property of every kind and description that you own or are liable for that is intended to become a pennanent part of the building or structure described in the Declarations. This includes building excavations. b. If not covered by other insurance and if values are reported to us for premium calculation, temporary structures on site, including cribbing. scaffolding and construction forms. ..---~;..- c. Property in transit that is intended to become a permanent part of the building or structure described in the Declarations. provided a separate Limit ofInsurance is ~~own for such coverage in the ~aarationS.-:"_' ....-..;,,:... 2. PROPERTY NOT COVERED We will not cover the following property: a. land (including land on which the covered property is located) or water; or Form BB-5W6Ob (1Q.2005) PlI&C 1 of 11 " .",<t:' m b. the following property when installed outside of buildings: (1) Trees or shrubs, unless a limit of Insurance is shown in Section III of the Declarations, (2) Radio or television antennas, including their lead-in wiring, masts or towers; or c. property while airborne; or d. property while waterborne, unless in transit on Inland Waterways within the United States of America and Canada; or e. property while located underwater, except while in transit through tunnels; or f. machinery, tools or contractors' equipment not intended to become a pennanent part of the building or structure described in the Declarations; or g. vehicles Ii~nsed for highway use; or h. property in storage which is not specifically designated for or identified with the location(s) described in the Declarations; or i. transmission and distribution lines, poles, towers and all equipment attached or affixed thereto, including supporting structures, transformers and appurtenant buildings. j. existing buildings at the project site, including those scheduled for renovation or reconstruction, unless value(s) for these buildings are reported to us and the buildings are listed in Section II.B.I. of the Declarations. 3. COVERED CAUSES OF LOSS Covered Causes of Loss means risks of direct physical loss or damage to Covered Property, except those causes of loss listed in the Exclusions. 4. EXTENSIONS OF COVERAGE Any amounts that we pay under the following Extensions of Coverage are included as part of the Limits of Insurance shown in the Declarations. a. Preservation of Property "~CliIIo~'" If it is necessary to move Cov~erty mnn the described premises to preserve it ..~..;.~~ from loss from a Covered Cause of toss, we will pay for the cost of removal and any direct physical loss to that property: (1) While it is being moved or while temporarily stored at another location; but (2) Only if the loss occurs within 10 days after the property is first moved. Form BB-5W60b (10-2005) Page 2 of 11 m Payment under this Coverage Extension will not exceed the amount we would have paid if the Covered Property had not been removed. b. Collapse The term Covered Cause of Loss includes collapse as described and limited in the Defmitions section of this policy. We will pay for the direct physical/oss to covered property involving collapse of a building or structure or any part of a building or structure caused only by one or more of the following: (1) any specified cause of loss or breakage of building glass, all only as insured against in this coverage part; (2) Decay that is hidden from view, Wlless the presence of such decay is known to an insured prior to collapse; (3) Insect or vennin damage that is hidden from view, unless the presem:e of such damage is known to an insured prior to collapse; (4) weight of people or personal property; (5) weight ofrain, snow or ice that collects on a roof; (6) use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of construction, remodeling or renovation. (7) faulty design, plans, specifications or workmanship, in construction, remodeling or renovation if the collapse occurs during the course of construction, remodeling or renovation. But we will not pay the cost of making good or restoring property which is or was defective or faulty in design, plans, specifications or workmanship. We will not pay for loss to: outdoor radio or television antennas, including their lead-in wiring, masts, or towers; gutters and downspouts; yard fixtures; outdoor swimming pools; fences; piers, whatVes and docks; beach or diving platforms or appurtenances; retaining walls; walks, roadways and other paved surfaces caused by items 2, 3, 4, 5, 6 and 7 under this section, entitled Collapse, unless the loss is a direct result of the collapse of a building. Collapse, as used here, does not include settling, cracking, shrinking, bulging or expansion. ..J~'...~- "_.k, - Coverage for the following items (t. tll11ijrgh j.) ollly lippliesJC a limit of Insurance for the Extension of Coverage is shown in Section III of the Declarations. i.....,. . c. Debris Removal Expense (1) We will pay the expense you incur to remove debris of Covered Property caused by or resulting from a Covered Cause of Loss that occurs during the policy period. Form B6-5W6Ob (10-2005) Page 3 of II ;', ~ m (2) The most we will pay under this Cov~rage Extension is shown in section III of the Declaration Pages. The expenses will be paid only if they are reported to us in writing within 180 days of the earlier of: (a) The date of direct physical/ass; or (b) The end of the policy period. (3) This Coverage Extension does not apply to the cost to: (a) Extractpallutants from land, air, or water; or (b) Remove, restore or replace polluted land, air, or water. (4) This Coverage Extension does not apply to Business Income, Loss of Rents, or Soft Costs coverage. d. Pollutant Clean Up (I) We will pay up to the aggregate limit shown on the Declarations for expense you incur for clean-up of pollutants from land, air, or water at your premises during the tenn of this policy. The presence, release, discharge or dispersal of the pollutants must be caused by a covered cause of /ass not otherwise excluded. The expenses must be reported to us within 180 days after the date of the direct physical loss or the expiration date of this policy, whichever comes first. (2) This Coverage Extension does not apply to Business Income, Loss of Rents, or Soft Costs coverage. e. Fire Department Service Charge When a fire department is called to save or protect covered property from a Covered Cause of Loss, we will pay up to the amount shown on the Declarations for your liability for fire department service charges: (I) Assumed by contract or agreement prior to loss; or (2) Required by local ordinance. f. Valuable Papers and Records If any of your valuable papers or records, such as blueprints. plans, drawings or data :.""~-, processing media are lost or damaged due to a,c.wced ~fLoss, we will pay up to the limit shown for costs you incur to research, replace or restore those valuable papers or records. g. Installed Trees and Shrubs We will pay for loss to installed trees and shrubs if they are damaged or destroyed by fire, lightning, explosion, riot or civil commotion, or an aircraft. The maximum amoWlt Fonn BB-5W6Ob (10-2005) PllgC 4 of 11 m we will pay for any single item in anyone occurrence is limited to the amoWlt shown on the Declarations. The amount includes the cost of debris removal. h. Water Damage, Other Liquids, Powder or Molten Material Damage If loss caused by or resulting from covered water or other liquid, powder or molten material damage loss occurs, we will pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which such substance escapes. However, we will not pay the cost to repair any defect to a system or appliance itself, but we will pay the cost to repair or replace damaged parts of tire extinguishing equipment if the damage: (1) Results in discharge of any substance from an automatic tire protection system; or (2) Is directly caused by freezing. 1. Sidewalks, Curbs, Gutters, Streets or Parking Lots We will pay for loss to sidewalks, curbs, gutters, streets, parking lots or other paved surfaces. The amount we will pay is the amount shown on the Declarations or the amoWlt included in the construction contract, whichever is less, including debris removal for all losses from anyone occurrence. J. Expediting Expenses If direct physical loss to covered property by a covered cause of loss occurs while this policy is in force, we will pay up to the amount shown in the Declarations, the reasonable extra costs to make temporary repairs, and to expedite the permanent repair or replacement of the insured property which is damaged by a covered cause of loss. The amount we will pay includes additional wages for overtime, night work, and work on public holidays and the extra costs of express freight or other rapid means of transportation. B. Exclusions 1. We will not pay for loss caused directly or indirectly by any of the causes of loss shown in this section. Such loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. But we will cover resulting fire or explosion arising out of any of these excluded causes except war. a. The enforcement of any ordinance or law: . .. ';'(t} Regulittitig the construction, use or repair of any ~rty; or'''''-- (2) Requiring the tearing down of any property, including the cost of removing its debris. b. The failure of power or other utility service supplied to the covered location, however caused, if the failure occurs away from the covered location. But if loss by a Covered Cause of Loss results, we will pay for that resulting loss. Form BB-5W60b (1()'2005) Page S of 11 m c. Earth Movement, but if loss by firet explosiont or volcanic action resultst we will pay for that resulting loss. Volcanic action means direct loss resulting from the eruption of a volcano when the loss is caused by: (1) Airborne volcanic blast or airborne shock waves; (2) Ash, dust, or particulate matter; or (3) Lava flow. V olcanic action does not include the cost to remove asht dust or particulate matter that does not cause direct physical loss to the described property. This exclusion will not apply to property in transit. d. Flood. This exclusion will not apply to property in transit. e. Governmental Actio~ meaning the seizure or destruction of property by order of governmental authority. But we will pay for acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spreadt if the rue would be covered under this Coverage Part. f. Nuclear Hazard, meaning nuclear reaction or radiation, or radioactive contamination, however caused. But if loss by fire results, we will pay for that resulting loss. g. War and Military Action, meaning (1) War, including Wldeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolutio~ uswped power, or action taken by governmental authority in hindering or defending against any of these. .' ..-~~,~.. .~ .~. -"':':'. 2. We will not pay for loss caused by or resulting from any of the foIl~Wing, except as provided Wider A.4., Extensions of Coverage. a. Delay, loss of use or loss of market, interruption of business or any consequential/oss of any nature. FORn BB-5W60b (10-2005) PIIge 6 of 11 m b. Penalties for non-completion of, or delay in completion of, any contract or failure to comply with contract conditions. c. (1) Wear and tear; (2) Rust, corrosion, fungus, decay, deterioration, hidden or latent defect or any quality in the property that causes it to damage or destroy itself; (3) Settling, subsidence, cracking, shrinking, or expansion; (4) The following causes of loss to covered property: (a) Dampness or dryness of atmosphere; (b) Changes in or extremes of temperature; (c) Marring or scratching. (5) Insects, vennin, rodents and other animals. But if loss from Specified Causes of Loss or building glass breakage results, we will pay for that resulting loss. d. Water, or other liquids, powder or molten material that leaks or flows from plumbing, heating, air conditioning or other equipment (except fire protective systems) caused by or resulting from freezing, unless: (1 ) You use reasonable care to maintain heat in the building or structure; or (2) You drain the equipment and shut off the water supply if the heat is not maintained. e. Dishonest or criminal act by you, any of your partners, employees, directors, trustees, authorized representatives or anyone to whom you entrust the property for any purpose whether or not such persons are acting alone or in collusion with others, and whether or not such act occurs during the hours of employment. This exclusion does not apply to carriers for hire or acts of destruction by your employees; but does apply to theft by employees. f. Mysterious disappearance or unexplained loss. g. Shortage disclosed upon taking inventory, h. Collapse, except as provided for in Coverage Extensions. But if loss by a Covered Cause of Loss results in collapse at the location( s) described in the Declarations, we will pay for that resulting loss. i. Asbestos, including loss, damage, or Clean-up caused by or resulting from asbestos or asbestos contD1Xltng mater!ltts~ . ~'" - .,.' j. The presence, release, discharge or dispersal of pollutants unless the presence, release, discharge or dispersal is itself caused by fire, lightning, windstorm or hail, explosion, riot or civil commotion, vehicles Of aircraft, sonic boom, smoke, vandalism and malicious mischief, sprinkler leakage, sinkhole collapse, Of volcanic action. Form BIHW60b (10-2005) Page 7 of II m k. Rain. snow. ice or sleet. whether driven by wind or not, to Covered Property, unless located within a fully enclosed structure -and then only for such loss that is caused by or results from rain. snow. ice or sleet entering through an opening caused by a Covered Cause of Loss not otherwise excluded. 3. We will not pay for loss caused by or resulting from the following, except as provided under Coverage Extensions. But if loss from a Covered Cause of Loss results. we will pay for that resulting loss a. Weather conditions. But this exclusion only applies ifweather conditions contribute in any way with a cause or event excluded in Section B.1. above to produce the loss. b. Acts or decisions. including the failure to act or decide, of any person, group. organization or government body. c. Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading. compaction; (3) Materials used in repair, construction, renovation. or remodeling; or (4) Maintenance; of part or all of any property on or off the described premises. C. Deductible We will not pay for loss in anyone occurrence until the amount of the adjusted loss exceeds the deductible shown in the Declarations and/or on any endorsements to this policy. We will then pay the amount of the adjusted loss in excess of the deductible. up to the applicable Limit of Insurance. If more than one Property Damage deductible would apply to a single occurrence we will pay the amount of the adjusted loss in excess of the largest deductible, up to the applicable Limit of Insurance. Deductibles for Business Income, Loss of Rents and Soft Costs Coverage always apply separately from any applicable Property Damage deductibles. D. Limits of Insurance ........ 1. The most we will pay for'Hrt'loss in"mltone occurrence is the Limit of InsuriiJicnOOwn in."""~' Section II of the Declarations. Sublimit(s) and Aggregate Limit(s) of Insurance where shown in Sections II and III of the Declarations are part of and not in addition to the Limit of Insurance. 2. The most we will pay for loss in anyone occurrence for Extensions of Coverage is the Limit of Insurance applicable to the Coverage Extension. Form BB-5W60b (10-2005) Page 8 of II m E. Additional Conditions The following conditions apply in addition to the Common Policy and Inland Marine Conditions wlless stated otherwise. 1. Valuation - How We Settle a loss If the damaged or destroyed property is new construction. we will pay the actual cost of repairing. replacing, or rebuilding the property with materials of similar kind and quality. If the damaged or destroyed property is in the process of renovation, we will pay: a. The actual cash value of the existing structure(s) if covered by this policy; and b. The cost oflabor and materials that have been added up to the time of loss. We will include an additional 15% of the amount(s) above or the percentage for contractor profits and overhead included in the total value of the job you furnish us in calculating your premium, whichever is less. This does not apply to detennining the value of existing structures, if covered. 2. When Coverage Begins and Ends Coverage will begin on the date shown on the Builders Risk Declarations and will end on the earliest of the following: a. When your financial interest in the property ends; or b. When the purchaser accepts the property as complete; or c. The date shown on the Declarations; or d. The date the policy is canceled; or e. The date you abandon the construction. 3. Coinsurance Agreement No Coinsurance Agreement applies to this contract. However, you are required to submit the final project completed value to us within 30 days of the policy expiration date, If the final completed value varies by more than 5% from our limit of insurance, we will apply the appropriate additional or return premium. Additional and return premiums of less than $250 will be waived. 4. Occupancy Clause .."'.......... ...~. .~-_. .!'..~;.... You may occupy not more than SG% of the completed square footage of the Insured Project for the purpose(s) originally intended without our written consent. We may require additional premiwn ifhazard is increased. You may, however. install or store machinery and equipment. F. Definitions Form BB-5W6Ob (10-2005) PlIgC 9 of II m 1. Actual cash value means the present-day value of property measured in cash, arrived at by taking the replacement cost at the time of loss and deducting for depreciation brought about by physical wear and tear and obsolescence where applicable. 2. Clean-up includes testing, monitoring, removal, containment, treatment, detoxification, or neutralization. 3. With respect to buildings and structures, collapse means: a. an abrupt falling down or caving in of a building or structure or any part of a building or structure with the result that the building or structure or part of the building or structure cannot be occupied for its intended purpose; b. A building or any part of a building that is in danger of falling down or caving in is not considered to be in a state of collapse; c. A part of a building or structure that is standing is not considered to be in a state of collapse even if it has separated from another part of the building or structure; d. A building or structure that is standing or any part of a building or structure that is standing is not considered to be in a state of collapse even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. The criteria set forth in 3.a. through 3.d. do not limit the coverage for collapse otherwise provided under this policy for the EXTENSIONS OF COVERAGE causes of loss listed in 4.b.1., 4.b.4. and 4.b.5. 4. Earth Movement means earthquake, landslide, mudslide, mudflow, volcanic eruption, earth sinking (other than sinkhole collapse), rising, shifting, mine subsidence, or other earth movement 5. Flood means the overflow from a stream or any other body of water. Flood also means surface water, waves, tidal waves or movements or spray from any of these, whether driven by wind or not. 6. Loss means accidental loss or damage. ". ...~,~~"... 7. Occurrence shall mean all losses or damages that are attributable directly or indirectly to one cause, event, incident or repeated exposure to the same cause, event or incident, or to '~~.one series of similar causes, events, inChWtlb or repeated exposures to the same cause, event, or incident first occurring in the pOlicy period. All such losses and/or damages and the total amount of such losses and/or damages will be treated as one occurrence irrespective of the period of time or area over which such losses and/or damages occur, unless a specific period of time is otherwise set forth herein. The most we will pay for loss or damage in anyone "occurrence" is the applicable Limit ofInsurance shown in the Declarations. ""-"( ,;~~: ,.. Fonn BB-mGOb (10-2005) Page 10 of 11 fa The foregoing definition applies to the word "Occurrence" whenever used in this policy, whether the word appears in quotations, italic, bold or nonnal print. 8. Pollutants means any solid, liquid, gaseous or thennal irritant or contaminant, including vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 9. Premises means a plot of ground, a building or a portion of a building that you use to conduct your business activities. "Your premises" means the premises described by the addresses listed in Section II, Limits of Insurance in the Declarations. 1 O. Temporary Structure means office trailers, storage sheds, and property of a similar nature. 11. Theft means the unlawful taking of personal property or Covered Property without the owner's consent and includes pilferage, looting, larceny, burglary, and robbery. 12. Sinkhole collapse means the sudden sinking or collapse ofland into underground empty spaces created by the action of water on limestone or similar rock fonnations. 13. Specified Causes o[Loss mean the following: Fire, lightning, explosion, windstorm or hail, smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; sinkhole collapse; volcanic action; falling objects; weight of snow, ice, or sleet; water damage. 14. Water Damage means accidental discharge or leakage of water or steam as the Direct result of the breaking or cracking of any part of a system or appliance containing water or steam. :'l"~'''' _.'....:~..... ,.. .. ..,.P~.. ,,",.;...: Form BB.5WGOb (10..2005) Page It of II COMMERCIAL GENERAL UABIUTY CG 00 01 12 04 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions In this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown In the Declarations. and any other person or organization qualifying as a Named Insured under this policy. The words "we', 'us" and "our" refer to the company providing this Insur- ance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An In- sured. Other words and phrases that appear In quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UABIUTY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages be- cause of "bodily Injury" or 'property damage' to which this Insurance applies. We wUl have the right and duty to defend the insured against any "suit. seeking those damages. However, we will have no duty to defend the Insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, in- vestigate any 'occurrence" and settle any claim or "suit" that may result. But: (1) The amount we wUl pay for damages Is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of Insur- ance In the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or Iiab"ity to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments - Coverages A and B. CG 00 011204 b. This Insurance applies to "bodily Injury" and "property damage" only If: (1) The "bodily Injury" or "property damage' Is caused by an "occurrence" that takes place In the 'coverage territory"; (2) The "bodily Injury" or "property damage" occurs during the po/Icy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "oc. currence" or claim, knew that the "bodDy In- jury" or 'property damage' had occurred, in whole or In part. If such a listed insured or authorized "employee" knew, prior to the policy period. that the "bodily injury" or 'property damage" occurred, then any con- tinuation, change or resumption of such "bodily injury" or 'property damage' during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have oc- curred by any Insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim, includes any continuation, change or resumption of that "bodily Injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" wDJ be deemed to have been known to have occurred at the earliest time when any Insured listed un- der Paragraph 1. of Section II - Who Is An In- sured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodDy Injury" or "property damage" to us or any other In- surer; (2) Receives a written or verbal demand or claim for damages because of the "bodily in- jury" or "property damage"; or (3) Becomes aware by any other means that 'bodily Injury" or "property damage' has oc- curred or has begun to occur. C ISO Properties, Inc.. 2003 AGENT CXF'f o Page 1 of 15 e. Damages because of "bodily Injury" include damages claimed by any person or organiza- tion for care, loss of services or death resulting at any time from the .bodily injury., 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or Intended from the standpoint of the Insured. This exclusion does not apply to "bodily Injury" resulting from the use of reasonable force to protect persons or property. b. Contractual liability "Bodily Injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liabDity for damages: (1) That the Insured would have in the absence of the contract or agreement; or (2) Assumed In a contract or agreement that Is an "insured contract", provided the "bodily injury" or .property damage" occurs subse- quent to the execution of the contract or agreement. Solely for the purposes of liabil- ity assumed In an "insured contract". rea- sonable attorney fees and necessary litiga- tion expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (8) Liability to such party for, or for the cost of, that party's defense has also been assumed In the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a cwU or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. Page 2 of 15 c. Uquor UabiJity "Bodily Injury" or "property damage" for which any Insured may be held liable by reason of: (1) Causing or contributing to the Intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or un- der the Influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alco- holic beverages. This exclusion applies only if you are In the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the Insured under a workers' compensation, dlsabRity benefits or unemploy- ment compensation law or any similar law. e. Employer's Liability "BodDy injury" to: (1) An "employee. of the Insured arising out of and In the course of: (a) Employment by the Insured; or (b) Performing duties related to the conduct of the Insured's business; or (2) The spouse, chUd, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the Insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay dam- ages because ofthe Injury. This exclusion does not apply to liability as- sumed by the insured under an "Insured con- tract". @ ISO Properties, Inc., 2003 AGENT CCPf o CG 00 01 12 04 f. PoUuUon (1) .BodDy injury" or .property damage. arising out of the actual. alleged or threatened dis- charge, dispersal, seepage, migration, re- lease or escape of .pollutants.: (_> At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any Insured. However, this subparagraph does not apply to: 0> .BodDy Injury" If sustained within a buDding and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) .Bodlly Injury" or .property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your pol- Icy as an additional insured with re- spect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to. any In- sured, other than that additional In- sured; or 011) "BodDy injury" or .property damage. arising out of heat. smoke or fumes from a "hostile fire"; (b) At or from any premises. site or location which Is or was at any time used by or for any Insured or others for the han- dling. storage, dIsposal, processing or treatment of waste; (c) Which are or were at any time trans- ported, handled. stored, treated, dis- posed of, or processed as waste by or for: 0) Any Insured; or (ii) Any person or organization for whom you may be legally responsI- ble; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or Indirectly on any insured's behalf are performing operations if the .poIlutants. are brought on or to the premises, site or location In connection with such op- erations by such insured, contractor or subcontractor. However. this subpara- graph does not apply to: (i) .Bodlly Injury" or "property damage. arising out of the escape of fuels, lu- bricants or other operating fluids which are needed to perform the normal electrical, hydraulic or me- chanical functions necessary for the operation of .mobile equipment. or its parts, If such fuels. lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them, This exception does not apply If the .badDy Injury" or "property damage" arises out of the intentional discharge, dispersal or re- lease of the fuels, lubricants or other operatlng fluids, or if such fuels. lu. bricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being per- formed by such Insured. contractor or subcontractor; (0) .BodDy Injury" or "property damage. sustained within a buDding and caused by the release of gases, fumes or vapors from materials brought Into that building in connec- tion with operations being performed by you or on your behalf by a con- tractor or subcontractor; or (iii) .Bodlly Injury" or .property damage. arising out of heat, smoke or fumes from a .hostne fire". (e) At or from any premises, site or location on whicl1 any Insured or any contractors or subcontractors working directly or Indirectly on any Insured's behalf are periormlng operations If the operations are to test for, monitor, clean up, re- move, contain. treat, detoxify or neutral- ize, or In any way respond to, or assess the effects of, .poIlutants., CG 00 01 12 04 @ ISO Properties, Inc., 2003 M?ENr COP'{ Page 3 of 15 [J (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutral- Ize, or In any way respond to, or assess the effects of, .pollutants.; or (b) Claim or 'suit. by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, clean- ing up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, 'pollutants'. However, this paragraph does not apply to liability for damages because of .property damage. that the Insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or .sult. by or on behalf of a govern. mental authority. g. Ai'craft, Auto Or Watercraft .Bodily injury" or .property damage. arising out of the ownership, maintenance, use or en- trustment to others of any aircraft, .auto. or wa- tercraft owned or operated by or rented or loaned to any insured. Use includes operation and .Ioading or unloading.. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, em- ployment, training or monitoring of others by that insured, If the .occurrence. which caused the .bodily injury" or .property damage. in- volved the ownership, maintenance, use or en- trustment to others of any aircraft, .auto. or wa- tercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that Is: (a) Less than 26 feet long: and (b) Not being used to carry persons or property for a charge; (3) Parking an .auto. on, or on the ways next to, premises you own or rent, provided the .auto. is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any .insured con- tracr for the ownership, maintenance or use of aircraft or watercraft; or Page 4 of lS (5) 'Bodily injury" or 'property damage" arising out of: (a) The operation of machinery or equip- ment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment. if it were not subject to a compulsory or financial responsibility law or other motor vehicle Insurance law in the state where it Is li- censed or principally garaged; or (b) the operation of any of the machinery or equipment listed in Paragraph 1.(2) or 1.(3) of the definition of .mobile equip- menr. h. Mobile Equipment 'Bodily Injury" or .property damage. arising out of: (1) The transportation of .mobile equipment" by an .auto. owned or operated by or rented or loaned to any Insured; or (2) The use of .mobile equipmenr In, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. L War .Bodily Injury" or .property damage., however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, Including action In hindering or defending against an actual or expected anack. by any govern- ment, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. ~ Damage To Property .Property damage. to: (1) Property you own, rent, or occupy, includ- Ing any costs or expenses Incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, res- toration or maintenance of such property for any reason, Including prevention of in- jury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the .property damage. arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; @ ISO Properties, Inc., 2003 D AGENT CCPY CG 00 01 12 04 (5) That particular part of real property on which you or any contractors or subcon- tractors working directly or Indirectly on your behalf are performing operations, If the "property damage" arises out of those op- erations; or (6) That particular part of any property that must be restored, repaired or replaced be- cause "your work" was Incorrectly per- formed on It. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, Including the corr tents of such premises, rented to you for a pe- riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem- Ises Rented To You as described in Section III - Limits Of Insurance. Paragraph (2) of this exclusion does not apply If the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" Included in the "products- completed operations hazard". k. Damage To Your Product 'Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of It and Included In the "prod- ucts-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a sub- contractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "Impaired property" or property that has not been physically Injured, arising out of: (1) A defect. deficiency, Inadequacy or danger- ous condition in "your product" or 'your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement In accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical Injury to "your product" or "your work" after It has been put to Its in- tended use. CG 00 01 12 04 n. RecaD Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense Incurred by you or others for the loss of use, withdrawal, recall, Inspection, repair, replace- ment, adjustment. removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property Is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injwy "BodDy Injury" arising out of "personal and ad- vertising Injury". p.Electronic Data Damages arising out of the loss of, loss of use of, damage to. corruption of, inabBily to ac- cess, or Inability to manipulate electronic data. As used In this exclusion, electronic data means Information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, Including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other medIa which are used with electronically controlled equipment. exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo- rarily occupied by you with permission of the owner. A separate limit of Insurance applies to this coverage as described In Section III - LImits Of In- surance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement I. We will pay those sums that the Insured be- comes legally obligated to pay as damages be- cause of "personal and advertising Injury" to which this Insurance applies. We wil have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the Insured against any "suit" seeking damages for .personal and advertising Injury" to which this Insurance does not apply. We may, at our discretion, InvestI- gate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages Is limited as described In Section III - LImits Of insurance; and e ISO Properties, Inc., 2003 N3EHT Ci:II"f Page 5 of 15 [] (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance In the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or setvices is covered unless ex. plicitly provided for under Supplementary Pay- ments - Coverages A and B. b. This insurance applies to "personal and adver- tising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This Insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising Injury" caused by or at the direction of the insured with the knowl- edge that the act would violate the rights of an- other and would Inflict 'personal and advertis- ing injury". b. Material Published With Knowledge Of Falsity 'Personal and advertising injury" arising out of oral or written publication of material. if done by or at the direction of the insured with knowl- edge of its falsity. c. Material Published Prior To Policy Period 'Personal and advertising injury" arising out of oral or written publication of material whose first publication took place before the begin- ning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual UabiTlly "Personal and advertising injury" for which the Insured has assumed liability In a contract or agreement. This exclusion does not apply to li- ability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your 'ad- vertisemenf, Page 6 of 15 g. Quarlty Or Performance Of Goods - Failure To Conform To Statements 'Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or per- formance made In your 'advertlsement'. h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or setvlces stated In your 'advertlse- ment', I. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising Injury" arising out of the Infringement of copyright, patent. trade- mark, trade secret or other Intellectual property rights. However, this exclusion does not apply to in- fringement, in your "advertisement', of copy- right, trade dress or slogan. J. Insureds In Media And Internet Type Businesses "Personal and advertising Injury" committed by an Insured whose business Is: (1) Advertising, broadcasting, publishing or telecasting: (2) Designing or determining content of web- sites for others; or (3) An Internet search, access, content or setvlce provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of 'personal and advertising injury" under the Definitions Sec- tion, For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by Itself, considered the business of advertis- ing, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or BuUelln Boards 'Personal and advertising Injury" arising out of an electronic chatroom or bulletin board the In. sured hosts, owns, or over which the Insured exercises control. I. Unauthorized Use Of Another's Name Or Product .Personal and advertising injury" arising out of the unauthorized use of another's name or product In your e-mail address, domain name or metatag, or any other similar tactlcs to mis- lead another's potential customers. ~ ISO Properties, Inc" 2003 N'iENT COPY CG 00 0112 04 o m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants" at any time. n. Pollution-Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requIrement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or Indirectly, out of: (1) War, Including undeclared or civH war; (2) Warlike action by a military force, Including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using mUitary personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority In hindering or defending against any of these. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We wUI pay medical expenses as described below for .bodMy Injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place In the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the acci- dent; and (3) The Injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. CG 00 01 1204 b. We wUI make these payments regardless of fault. These payments will not exceed the appli- cable limit of insurance. We wRl pay reasonable expenses tor: (1) First aid administered at the time of an acci- dent; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic de- vices; and (3) Necessary ambulance. hospital, profes- sional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodUy injury": a. Any Insured To any Insured, except "volunteer workers.. b. Hi'ed Person To a person hired to do work for or on behalf of any Insured or a tenant of any insured. c. Injury On NormaUy Occupied Premises To a person Injured on that part of premises you own or rent that the person normally oc- cupies. d. Workers Compensation And Sinnar Laws To a person, whether or not an :em~lox~. of any insured, If benefits for the boddy InJury" are payable or must be provided under a work- ers' compensation or disability benefits law or a slmnar law. e. Athletics Activities To a person injured while practicing, Instruct- Ing or participating In any physical exercises or games, sports, or athletic contests. f. Products-Completed Operations Hazard Included within the "products-completed opera- tions hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS - COVERAGES A ANDB 1. We will pay, with respect to any claim we investI- gate or settle, or any .sult" against an Insured we defend: a. All expenses we Incur. b. Up to $250 for cost of baD bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. C ISO Properties, Inc., 2003 AGENT r:x:RV o Page 7 0' 15 c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses Incurred by the In- sured at our request to assist us in the investi- gation or defense of the claim or "suit", includ. ing actual Joss of earnings up to $250 a day because of time off from work. e. All costs taxed against the Insured in the "suit", f. Prejudgment interest awarded against the In- sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment in. terest based on that period of time after the of- fer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and be- fore we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. 2. If we defend an Insured against a 'suit. and an Indemnitee of the insured is also named as a party to the "suit", we will defend that Indemnitee if all of the following conditions are met: a. The 'suit' against the Indemnitee seeks dam- ages for which the Insured has assumed the II. ability of the indemnitee in a contract or agree- ment that is an 'insured contract'; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that Indemnitee, has also been as- sumed by the Insured In the same 'insured contract" ; d. The allegations In the 'suir and the information we know about the "occurrence' are such that no conflict appears to exist between the Inter- ests of the insured and the interests of the in- demnitee; e. The Indemnitee and the Insured ask us to con. duct and control the defense of that Indemnitee against such "suir and agree that we can as- sign the same counsel to defend the Insured and the indemnitee; and r. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the Investigation, settlement or defense of the 'suit"; Page 8 of 15 (b) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the 'suit"; (c) Notify any other Insurer whose coverage is available to the Indemnitee; and (d) Cooperate with us with respect to coor. dinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other Information related to the 'sult": and (b) Conduct and control the defense of the Indemnitee in such 'suit.. So long as the above conditions are met, attor- neys' fees incurred by us In the defense of that in- demnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the Indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I - Coverage A - Bodily injury And Property Damage l.iability, such payments will not be deemed to be damages for 'bodily injury" and 'property damage' and will not reduce the limits of Insurance. Our obligation to defend an insured's Indemnitee and to pay for attorneys' fees and necessary litiga- tion expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insur- ance in the payment of judgments or settle- ments: or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II - WHO IS AN INSURED 1. If you are designated In the Declarations as: a. An individual, you and your spouse are insur- eds. but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an In- sured. Your members, your partners, and their spouses are also Insureds, but only with re- spect to the conduct of your business. c. A limited liability company, you are an Insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are Insureds, but only with respect to their duties as your managers. CG 00 01 12 04 c @ ISO Properties, inc., 2003 A():NT COP'( d. An organization other than a partnership, joint venture or limited liability company. you are an Insured. Your .executlve officers. and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also Insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also Insureds, but only with respect to their du- ties as trustees. 2. Each of the following Is also an Insured: a. Your "volunteer workers. only whOa performing duties related to the conduct of your business, or your .employees", other than either your "executive officers" (if you are an organization other than a partnership, Joint venture or lim- Ited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or whUe performing duties related to the conduct of your business. However, none of these .em. ployees" or "volunteer workers" are Insureds for: (1) "Bodily Injury" or "personal and advertising Injury": (a) To you, to your partners or members (if you are a partnership or joint venture). to your members (if you are a limited li- ability company), to a co-.employee. whOe In the course of his or her em- ployment or performing duties related to the conduct of your business. or to your other "volunteer workers" while perform- ing duties related to the conduct of your business; (b) To the spouse, chUd, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(8) above; (e) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the Injury described In Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or falling to provide professional health care services. (2) .Property damage. to property: (a) Owned, occupied or used by, CG 00 01 12 04 (b) Rented to, In the care, custody or con- trol of, or over which physical control Is being exercised for any purpose by you, any of your "employees", "volunteer workers., any partner or member (if you are a partnership or joint venture), or any mem- ber (If you are a limited liability company). b, Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your propeny if you die, but only: (1) With respect to lIabnity arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representa- tive will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured If there is no other similar Insurance avaUable to that organization. However: a. Coverage under this provision Is afforded only untM the 90th day after you acquire or form the organization or the end of the polley period, whichever Is earlier; b. Coverage A does not apply to "bodily injury" or "property damage. that occurred before you acquired or formed the organization; and e. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that Is not shown as a Named Insured In the Declarations. SECTION 11I- UMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits. brought; or e. Persons or organizations making claims or bringing "suits". ClISO Properties. Inc., 2003 /Ia;HT CX)f'y [] Page 9 of 15 2, The General Aggregate Limit is the most we will pay for the sum of: 8. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of 'bodily injury" or 'property damage' included In the 'products-completed operations hazard'; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of 'bodily injury' and 'property damage' included in the 'products.completed op- erations hazard'. 4. Subject to 2. above, the Personal and Advertising Injury Limit Is the most we will pay under Coverage B for the sum of all damages because of all 'per- sonal and advertising injury' sustained by anyone person or organization, 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit Is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all 'bodily injury" and 'property dam. age' arising out of anyone 'occurrence'. 6. Subject to 5. above, the Damage To Premises Rented To You Limit Is the most we will pay under Coverage A for damages because of 'property damage' to anyone premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permls. sian of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of 'bodily Injury" sus- tained by anyone person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the polley period shown In the Declarations, unless the policy period Is extended after Issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL UABIUTY CONDITIONS 1. Bankruptcy Bankruptcy or Insolvency of the insured or of the Insured's estate will not relieve us of our obliga- tions under this Coverage Part. Page 10 of 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a, You must see to it that we are notified as soon as practicable of an 'occurrence' or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the 'occurrence' or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any Injury or damage arising out of the 'occurrence' or offense. b. If a claim is made or 'suit" Is brought against any insured, you must: (1) Immediately record the specifics of the claim or 'suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written n0- tice of the claim or 'suit' as soon as practicable. C. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or 'suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or seUlement of the claim or defense against the 'suit'; and (4) Assist us, upon our request, In the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No Insured will, except at that Insured's own cost, voluntarily make a payment, assume any obligation, or Incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: 8. To join us as a party or otherwise bring us into a 'suit' asking for damages from an Insured; or e ISO Properties, Inc., 2003 AGENTCOPV CG 00 01 12 04 o b. To sue us on this Coverage Part unless all of Its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment agaInst an Insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are In excess of the ap- plicable limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claim- ant's legal representative, 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This Insurance Is primary except when b. below applies. If this Insurance is primary, our obliga- tions are not affected unless any of the other insurance Is also primary. Then, we wm share with all that other Insurance by the method de- scribed in c. below. b. Excess Insurance This Insurance Is excess over: (1) Any of the other Insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage. BuDder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for 'prop- erty damage" to premises rented to you or temporarDy occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability. (2) Any other primary Insurance available to you covering liablity for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addi- tional insured by attachment of an en- dorsement. CG 00 01 12 04 When this Insurance is excess, we wKl have no duty under Coverages A or B to defend the in- sured against any 'suit" if any other insurer has a duty to defend the Insured against that "suit., If no other insurer defends. we will undertake to do so, but we will be entitled to the Insured's rights against all those other Insurers. When this insurance is excess over other in- surance, we wUl pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other Insur- ance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-Insured amounts under all that other Insurance. We wDI share the remaining loss, If any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer con- trIbutes equal amounts untU It has paid its ap- plicable limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we wDI contribute by limits. Under this method. each insurer's share is based on the ratio of Its applicable limit of Insurance to the total applicable limits of In- surance of all Insurers, 5. Premium Audit a. We will compute all premiums for this Coverage Part In accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period Is greater than the earned premium, we will return the excess to the first Named Insured, c. The first Named Insured must keep records of the information we need for premium computa- tion. and send us copies at such times as we may request. Q ISO Properties, Inc" 2003 AGEHT ca>v o Page 11 of 15 6. Representations By accepting this policy, you agree: a. The statements In the Declarations are accurate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy In reliance upon your representations. 7. Separation Of Insureds Except with respect to the limits of Insurance, and any rights or duties specifically assigned In this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim Is made or 'suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The In. sured must do nothing after loss to impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice Is mailed, proof of maDing will be sufficient proof of notice. SECTION V - DEFINITIONS 1. "Advertisement" means a notice that Is broadcast or published to the general pUblic or specific mar- ket segments about your goods, products or ser- vices for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web-sites, only that part of a web. site that Is about your goods, products or ser. vices for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto'means: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads. including any attached machinery or equipment: or Page 12 of 15 b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law In the state where it is licensed or principally garaged. However, "auto" does not include 'mobile equip- ment" . 3. 'Bodily injury" means bodily Injury, sickness or disease sustained by a person, Including death re- sulting from any of these at any time. 4. 'Coverage territory' means: a. The United States of America (Including its territories and possessions). Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or dam- age arises out of: (1) Goods or products made or sold by you In the territory described In a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising Injury" offenses that take place through the Internet or simi- lar electronic means of communication provided the Insured's responsibility to pay dam- ages Is determined in a "suit" on the merits, In the territory described in a. above or In a settlement we agree to. 5. 'Employee" Includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by.laws or any other similar governing document. 7. "Hostile fire' means one which becomes uncontrol- lable or breaks out from where It was Intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or Is less useful because: a. It incorporates "your product" or "your work" that Is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or @ ISO Properties, Inc., 2003 AGENT COFV CG 00 0112 04 o b. Your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organiza- tion for damage by fire to premises while rented to you or temporarDy occupied by you with permission of the owner Is not an "insured con- tract"; b. A sidetrack agreement; c. Any easement or license agreement, except In connection with construction or demolition op- erations on or within 50 feet of a raDroad; d. An obligation, as required by ordinance. to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an in- demnIfication of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for 'bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be Imposed by law in the absence of any contract or agreement. Paragraph f. does not Include that part of any contract or agreement: (1) That indemnifies a railroad for 'bodUy injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any raDroad property and affecting any railroad bridge or trestle, tracks. road. beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for Injury or damage arising out of: (8) Preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opInions, reports, surveys, field orders, change orders or drawings and specifl. cations; or (b) Giving directions or instructions, or failing to give them, if that Is the primary cause of the Injury or damage; or (3) Under which the Insured, If an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed In (2) above and supervisory, inspection, ar- chitectural or engIneering activities. CG 00 01 12 04 10. 'Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it Is accepted for movement into or onto an aircraft, watercraft or "auto'; b. While It is in or on an aircraft, watercraft or 'auto'; or c. While it is being moved from an aircraft, water- craft or "auto" to the place where It is finally de- livered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck. that is not at- tached to the aircraft, watercraft or 'auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equip- ment such as graders, scrapers or rollers; e. Vehicles not described In a., b., c. or d. above that are not self-propelled and are maintained prlmarUy to provlcle mobility to permanently at- tached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding. buDding clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described In I., b., c. or d. above maintained primarDy for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobDe equipment" but will be considered "autos": @ ISO Properties. Inc., 2003 AGENT COf"( Page 13 of 15 o (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law In the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos" . 13. "Occurrence" means an accident, Including con- tinuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising Injury" means injury, including consequential "bodily injurY', arisIng out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occu- pancy of a room, dwelling or premises that a person occupies, committed by or on behalf of Its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or or- ganization or disparages a person's or organi- zation's goods, products or services; e. Oral or written publication, In any manner, of material that violates a person's right of pri. vacy, f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste Includes materials to be recycled, re- conditioned or reclaimed. Page 14 of 15 16. .Products-completed operations hazard": a. includes all "bodily Injury" and "property dam- age" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are stili in your physical pos- session; or (2) Work that has not yet been completed or abandoned. However, "your work" wiD be deemed completed at the earliest of the fol- lowing times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed If your con- tract calls for work at more than one Job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which Is otherwise complete, will be treated as completed, b. Does not Include "bodKy injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition In or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equip- ment or abandoned or unused materials; or (3) Products or operations for which the c1assl. flcatlon, ilsted in the Declarations or In a policy schedule, states that products- completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, Including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused It; or CG 00 0112 04 o @ ISO Properties, Inc:, 2003 AGENT COPY b. Loss of use of tangible property that Is not physically Injured, All such loss of use shall be deemed to occur at the time of the 'occurrence" that caused it. For the purposes of this insurance, electronic data Is not tangible property. As used In this definition, electronic data means in- formation, facts or programs stored as or on, cre- ated or used on, or transmitted to or from com- puter software, Including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit" means a civil proceeding in which damages because of "bodily Injury", "property damage" or "personal and advertising injury" to which this In- surance applies are alleged. "Suit" Includes: a. An arbitration proceeding In which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro.- ceeding In which such damages are claimed and to which the insured submits with our con- sent. 19. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. 20. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. CG 00 01 12 04 21. "Your product": 8. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, dis- tributed or disposed of by: <a) You: (b) Others trading under your name: or (0) A person or organization whose busl. ness or assets you have acquired: and (2) Containers (other than vehicles), materials, parts or equipment furnished In connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your prod- uct"; and (2) The providing of or failure to provide warn- Ings or Instructions. c. Does not Include vendIng machines or other property rented to or located for the use of oth. ers but not sold. 22. "Your work": 8. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your work", and (2) The providing of or failure to provide warn- Ings or Instructions. @ ISO Properties, Inc., 2003 AGENT CCPY Page 15 of 15 o .~ CONFIDENTIALITY The Contractor agrees that its conclusions and any reports are for the confidential information of the Owner and that it will not disclose its conclusions in whole or in part to any person whatsoever, other than to submit its written documentation to the Owner, and will only discuss the same with it or its authorized representatives. Upon completion of this agreement term, all documents, reports, maps, data and studies prepared by the Contractor pursuant thereto shall become the property of the Owner and be delivered to the Director of Solid Waste. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this agreement shall not be presented publicly or published without prior approval writing of the Owner. It is further agreed that if any information concerning the project, its conduct, results, or data gathered or processed should be released by the Contractor without prior approval from the Owner, the release of same shall constitute grounds for termination of this agreement without indemnity to the Contractor, but should any such information be released by the Owner or by the Contractor with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this agreement. IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below. Executed on behalf of Contractor. .&4 ) ~ -,filtf7 Date VCOl~TRACTOR: ?., } ,f) - .-L OWNER: l\ Approved Date: [ATTACHED CORPORATE SEAL] Approved Date: ,1, y J oj [ATTACHED CORPORATE SEAL] ~.JI A Title: c.~ ry14.ti4(Jlj I I I I I I I I I I I I I I I I I I I . j- NOTICE "All addenda items for Specifications and Drawings issued prior to the date of Bid opening have been incorporated into these Contract Documents. " A "(1)" directly left of Specification Section number on the title page of a section indicates that section has been replaced or added by addendum. A ,,1.. in the text of a Specification Section indicates that an addendum item has been incorporated. Atlantic Coast Consulting, Inc. 630 Colonial Park Drive, Suite 110 Roswell, Georgia 30075 (770) 594-5998 I I I I I I I I I I I I I I I I I I I Section 0001 0 T able of Contents SPECIFICATIONS Section Title Division 0 - Bidding and Contract Requirements 00020 00100 00300 00410 00420 00413 00414 00480 00481 00500 00550 00610 00620 00697 00698 00699 00700 00800 Invitation to Bid Instructions to Bidders Bid Bid Bond Statement of Qualifications P~rtnership Certificate Corporate Certificate Noncollusion Affidavit of Prime Bidder Noncollusion Affidavit of Subcontractor Contract Pre-Award Oath Performance Bond Payment Bond Notice of Award Notice to Proceed Certificate of Owner's Attorney General Conditions Supplementary Conditions Division 1 - General Requirements 01010 01011 01016 01025 01041 01051 01055 01060 01070 01080 01201 01202 01310 01320 01340 01500 01510 01540 01562 01590 01610 01620 01630 Summary of Work Unique Requirements Occupancy Measurement and Payment Coordination of Work Grades, Lines and Levels Construction Staking Regulatory Requirements Abbreviations, Symbols, Trade Names, and Materials Applicable Codes and Standards . Preconstruction Conference Progress Meetings Construction Schedules Construction Videos and Photographs Shop Drawings, Product Data, and Samples Construction Facilities Temporary Facilities Job Site Security Dust Control Field Offices Transportation and Handling Storage and Protection Substitutions and Product Options 06/11/07 2302-005\XA00010 I I I I I I I I I I I I I I I I I I I 0'1710 0'1720 0'1740 00010 - 2 Table of Contents Cleaning Record Documents , Warranties and Bonds Division 2 - Sitework 02010 02110 02125 02140 02200 02225 102485 02510 102601 02745 02776 02778 02779 DRAWINGS Sheet 1 2 3 4 5 6 7 8 9 10 11 Subsurface Conditions Clearing and Grubbing Erosion and Sedimentation Control Dewatering . Earthwork Trench Excavation and Backfill Seeding Asphalt Concrete Pavement Testing Piping Systems High Density Polyethylene Pipe (HDPE) Geomembranes Geotextile Geosynthetic Drainage Nets and Composites Title Cover Overall Site Plan Existing Conditions Base Grading Plan Staking Plan Erosion, Sedimentation and Pollution Control Plan Erosion Sedimentation and Pollution Control Notes NPDES Notes Erosion Sedimentation and Pollution Control Details Miscellaneous Details Miscellaneous Details 06/11/07 2302-005\XA00010 I I I I I I I I I I I I I I I I I I I . Section 00020 Invitation to Bid AUGUSTA-RICHMOND COUNTY GEORGIA Separate sealed Bids for furnishing of all materials labor, tools, equipment, and appurtenances necessary for Bid Item #07-122, Deans Bridge Road MSW Landfill, Phase III, Stage 1, Cell 2A will be received by the Owner at the offices of Geri Sams, the Augusta-Richmond County Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia 30911, until 3:00 p.m. local time on April 20, 2007, and then at said office publicly opened and read aloud. The project consists of the following: furnishing all labor, materials, tools, equipment and incidentals and performing all Work required for the construction of approximately 50,000 cubic yards of cut material and 5,000 cubic yards of structural fill; placement of a 24-inch thick liner base with permeability not to exceed 1 x 10-7 cm/sec, placement of a 24-inch thick leachate collection layer with a permeability no less than 1 x 10-2 cm/sec, and a 60 mil textured HDPE geomembrane liner over approximately 10 acres; the construction of 635 feet of concrete ditch; construction of the truck wash facility, cleaning of sediment basins B, C and E; improvements to Sediment Basin E, roadway paving, roadway re-surfacing, remove and replace guardrail, install new guardrail, installation of erosion control devices; installation of leachate collection piping; installation of leachate forcemain, remove and relocate existing leachate manholes and construction of perimeter ditches. A mandatory prebid conference will be held at Augusta-Richmond County Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia 30911 on Tuesday, April 10, 2007 at 1 :00 p.m. All bidders must attend all of the Pre-Bid Conference. Copies of the Contract Documents, Drawings, Proposal, Specifications, and QA/QC manual will be available for purchase from the Purchasing Department for $200.00. Any bidder that does not attend the prebid conference will be disqualified from bidding and their bids will not be accepted. The $200.00 payment for purchasing contract documents is nonrefundable. No partial sets of plans, documents, specifications, or QA/QC manual will be provided. The Instructions to Bidders, Form of Bid, Form of Contract, Drawings, Specifications, QA/QC Manual, and forms of Bid Bond, Performance Bond, Payment Bond, and other Contract Documents may be examined during business hours at the following: Augusta-Richmond County Solid Waste Department 433DDeaQs)Bridge Road ~0J!!3{GA 30805 Award, if award is made, will be to the lowest responsive, responsible bidder on- the total bid per the bid proposal form. 06/11/07 2302-005\XA00020 I I I I I I I I I I I I I I I I I I I 00020 - 2 Invitation to Bid Each Bid must be accompanied by a certified or cashier's check on a duly authorized bank, a certified check of the Bidder, or a bid bond prepared on the~l:..orm of~Bid B~~ttached hereto, duly executed by the Bidder as principal and having as surety thereon a surety company listed in the latest issue of U.S. Treasury Circular 570, in the amount of ten percent (10%) of the Bid. Certified checks or cashier's checks shall be made payable to the Owner. Such checks or bid bonds will be returned promptly after the Owner and the accepted Bidder have executed the Contract, or, if no award has been made within sixty (60) days after the date of the opening of Bids upon demand of the Bidder at any time thereafter, so long as he has not been notified of the acceptance of his Bid. Each Bid must be submitted in a sealed envelope, addressed to the Own~L~ch sealed envelope_cootaining_a Bld_r:rl~. plainly marked on the outside as,\"Bid Itel] #01.:;,g2, BJdJ9!J ~ns Bridg? Road MSW ~illl2.fill, ~haS~~-~~~:.2.7"~~I~~2~'~~7 . . If forwarded by mail, the sealed envelopes containing the Bid must be enclosed in another envelope addressed to the Owner. Bidders responding to this Invitation to Bid must provide the Utility Contractor License Number with their bids. The Bidder must write their license number on the front of the bid envelope. Any and all Bids not meeting the aforementioned criteria for Bid submittal, will be declared nonresponsive, will not be opened and will be returned to the Bidder. All Bids must be made out and submitted on the proposal form furnished for this purpose and in accordance with the instructions in the Instructions to Bidders. No interlineations, additions, or deletions shall be made in the proposal form by the Bidder. '\~ The Owner reserves the right to waive any informalities or to reject any or all Bids, to evaluate Bids, and to accept any Bid which in its opinion may be for the best interest of the Owner. (I Bidders are cautioned that obtaining of bidding documents through any source other than the office of the Purchasing Department is not advisable. Acquisition of bidding documents from unauthorized sources place the bidder at the risk of receiving incomplete or inaccurate information upon which to base his proposal. No Bids will be received or accepted after the above specified time for the opening of Bids. Bids submitted after the designated hour will be deemed invalid and returned unopened to the Bidder. The successful Bidder for this Contract will be required to furnish.@satlsfactory Penor'mance ~~ -~ -. . - ~ond~and~Payme'nt~Bo'ii<1lfiJbe amount of j 00% "oUbe_Bid...._ 06/11/07 2302-005\XA00020 I I I I I I I I I I I I I I I I I I I 00020 - 3 Invitation to Bid It ic the wish of the Qwnor th:tt minority busim~ssec hA DivAn thA opportlJnity to bid on the. \lariouc p:.:lrta of the 'yvork. Tllis desire 011 the part of tne Owner is not intended t13 restrict or limit ~mrAtiti\fP hidding or to increase the 003t of U.,p work The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. y No Bidder may withdraw his Bid within sixty (60) days after the actual date of the opening thereof. OWNER: AU;U;T;-;;~OND CO~L2z { ~ (Date) END OF SECTION ~ 06/11/07 2302-005\XA00020 I I I I I I I I I I I I I I I I I I I Section 001 00 Instructions To Bidders 1. Receipt and Openinq of Bids Augusta-Richmond County, Georgia (herein called the "Owner"), invites bids and qualifications on the form attached hereto, all blanks of which must be filled in. Bids will be received by the Owner at Augusta Richmond County Purchasing Department. The Owner may consider informal any Bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all Bids. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered. No Bidder may withdraw a Bid within 60 days after the actual date of the opening thereof. 2. Preparation of Bid Each Bid must be submitted on the Bid Form as provided with the Contract Documents. All blank spaces for Bid prices must be filled in, in ink or typewritten, in both words and figures. (In case of discrepancy, the amount shown in words will govern.) All required enclosed certifications must be fully completed, executed, and submitted with the Bids including Sections 00300, 00410, 00413, 00414, 00420, 00480,00481,00500, and 00550. Six (6) separately sealed bids must be submitted in a sealed envelope, addressed to the Owner. Each sealed envelope containing a Bid must be plainly marked on the outside as, "Bid Item #07-122, Bid for Deans Bridge Road MSW Landfill, Phase III, Stage 1, Cell 2A." If forwarded by mail, the separate sealed envelope containing the Bid must be enclosed in another envelope addressed to the Owner at Augusta-Richmond County Purchasing Department, 530 Greene Street, Room 605, Augusta, GA 30911. Bidders responding to this Invitation to Bid must provide the Utility Contractor License Number. The Bidder must write their license number on the front of the bid envelope. Any and all Bids not meeting the aforementioned criteria for Bid submittal, will be declared nonresponsive, will not be opened and will be returned to the Bidder. 3. Subcontracts The Bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this Contract must be acceptable to the Owner. 06/11/07 2302-005\XA00100 I I I I I I I I I I I I I I I I I I I 00100 - 2 Instructions to Bidders 4. Teleqraphic Modifications Any Bidder may modify his Bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time, and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the Bidder was mailed prior to the closing time. The telegraphic communication. should not reveal the Bid price but should provide the. addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed Bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. 5. Method of Biddinq The unit or lump sum price for each of the several items in the proposal of each Bidder shall include its pro rata share of overhead and profit so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price represents the total Bid. Any Bid not. conforming to this requirement may be rejected as informal. The special attention of all Bidders is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed, provided the net monetary value of all such addition or subtraction in quantities of such items of work (i.e., difference in cost) shall not increase or decrease the total original contract price by more than twenty-five (25%) percent, except for work not covered in the Drawings and Detailed Specifications as provided for under "General Conditions" and "Supplementary Conditions." 6. Qualifications of Bidder The Owner reserves the right to reject any Bid if the Bidder fails to be deemed qualified by the Owner. 7. Bid Security Each Bid must be accompanied by a cashier's check on a duly authorized bank, certified check of the Bidder, or a Bid Bond prepared on the Form of Bid Bond attached hereto, duly executed by the Bidder as principal and having as surety thereon a surety company listed in the latest issue of U.S. Treasury Circular 570, in the amount of ten percent (10%) of the Bid. Certified checks or cashier's checks shall be made payable to the Owner. Such checks or Bid Bonds will be returned promptly after the Owner and the accepted Bidder have exec;uted the Contract, or, if no award has been made within 60 days after the date of the opening of Bids, upon demand of the Bidder at any time thereafter, so long as he has not been notified of the acceptance of his Bid. 06/11/07 2302-005\XA00100 " I I I I I I I I I I I I I I I I .1 I I 00100 - 3 Instructions to Bidders 8. Liquidated Damaqes for Failure to Enter into Contract The successful Bidder, upon his failure or refusal to execute and deliver the Contract, Bonds, and Certificates of Insurance required within 10 days after he has received notice of the acceptance of his Bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his Bid. 9. Time for Completion and Liquidated Damaqes Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 consecutive calendar days thereafter. Bidder must agree also to pay as liquidated damages the amount as stipulated in Section 01011, which Bidder agrees to pay for each consecutive calendar day beyond the Contract time required to complete the Project. Liquidated Damages will end upon written notification from the Owner of Final Acceptance of the Project or uponwritten notification of the Owner of completion of the milestone, 10. Conditions of Work Each Bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor. 11. Addenda and Interpretations No interpretation of the meaning of the Drawings, Specifications, Construction Quality Assurance Plan or other pre bid documents will be made to any Bidder orally. Every request for such interpretation should be in writing addressed to Attn: Geri Sams, Purchasing Director, Augusta Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia 30911, fax: 706-821-2811, and to be given consideration must be received before April 12, 2007. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Specifications which, if issued, will be mailed by certified mail with return receipt requested, faxed or shipped via delivery service, to all prospective Bidders (at the respective addresses furnished for such purposes), not later than four (4) business days prior to the date fixed for the opening of Bids. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from any obligation under his Bid as submitted. All addenda so issued shall become a part of the Contract Documents. 06/11/07 2302-005\XA00100 I I I I I I I I I I I I I I .1 I. I I I 00100 - 4 Instructions to Bidders 12. Security for Faithful Performance Simultaneously with his delivery of the executed Contract, the Contractor shall furnish a surety Bond from a single surety, as security for faithful performance of this Contract and for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract, as specified in the General Conditions included herein. Surety companies executing Performance and Payment Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. 13. Power of Attornev Attorneys-in-fact who sign Bid Bonds or Contract Bonds must file with each Bond a certified and effectively dated copy of their Power of Attorney. 14. Notice of Special Conditions Attention is particularly called to those parts of the Contract Documents and Specifications, which deal with the following: (a) Inspection and testing of materials (b) Insurance requirements (c) Surveys, permits, and regulations The federal regulations enclosed or herein referred to supersede all conflicting' requirements of the Contract Documents. 15. Laws and Requlations The Bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full. 16. Obliqation of Bidder At the time of the opening of Bids each Bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Drawings and Contract Documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument, or document shall in no way relieve any Bidder from any obligation in respect to his Bid. 06/11/07 2302-005\XA00100 I I I I I I I I I I I I I I I I I I I 00100 - 5 Instructions to Bidders 17. Execution of Bid Documents The Contractor, in signing his Bid on the whole or any portion of the work, shall conform to the following requirements: (a) Bids which are not signed by individuals making them shall have attached thereto a Power of Attorney evidencing authority to sign the Bid in the name of the person for whom it is signed. (b) Bids which are signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. If a Bid is signed by an attorney-in-fact, there should be attached to the Bid a Power of Attorney executed by the partners evidencing authority to sign the Bid. (c) Bids which are signed for a corporation shall have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name following the wording "By ".Corporation seal shall also be affixed to the Bid. 18. Method of Award - Lowest Qualified Bidder The Contract will be awarded to the responsive, responsible Bidder submitting the lowest Bid complying with the Contract Documents. Award will be made on the basis of the prices given in the Bid. The Bidder to whom the award is made will be notified at the earliest possible date. The Owner reserves the right to reject any and all Bids and to waive any informality in Bids received whenever such rejection or waiver is in its interest. A responsive Bidder shall be one who submits his Bid in the proper form without qualification or intent other than as called for in the Specifications and on the Contract Drawings and who binds himself on behalf of his Bid to the Owner with the proper Bid Bond or certified check completed and attached, and who properly completes all forms required to be completed and submitted at the time of the bidding, A responsible Bidder shall be one who can fulfill the following requirements: (a.) The Bidder shall maintain a permanent place of business. (b.) The Bidder shall demonstrate adequate construction experience and sufficient equipment resources to properly perform the work under and in conformance with the Contract Documents. This evaluation will be based upon a list of completed or active projects and a list of construction equipment available to the Bidder to perform the work. The Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may reasonably request. The Owner reserves the right to reject any Bid if evidence submitted by, or investigation of, such Bidder fails 06/11/07 2302-005\XA00100 I I I I I I I I I I I I I I I I I I I 00100 - 6 Instructions to Bidders to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the Project contemplated therein. (c.) The Bidder shall demonstrate financial resources of sufficient strength to meet the obligations incident to the performance of the work covered by these Contract Documents. The ability to obtain the required Performance and Payment Bonds will not alone demonstrate adequate financial capability. 19. Emplovment of Local Labor Preference in employment on the project shall, insofar as practicable, be given to qualified local labor. END OF SECTION 06/11/07 2302-005\XA00100 I I I I I I I I I I I I I I I I I I I Section 00300 Bid Date: Mav 1. 2007 Project Description: Deans Bridge Road MSW Landfill, Phase III, Stage 1, Cell 2A Proposal of COOPER BARNETTE, & PAGE. INC. (hereinafter called "Bidder'), doing business as CORPORATION To Augusta-Richmond County (hereinafter called 'Owner"). Gentlemen: The Bidder, in compliance with your Invitation to Bid for construction of this project having examined the Drawings, Specifications. and QAlQC Plan with related documents and the site of the proposed work, and being familiar with all conditions surrounding construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies, and to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the price(s) stated below. This price(s) is to cover all expenses including overhead and profit incurred in performing the work required under the Contract Documents, of which this proposal is a part. Bidder hereby agrees to commence work under this Contract on or before a date to be specified in the written "Notice to Proceed" of the Owner and to fully complete the project within 120 consecutive calendar days thereafter as stipulated in the Specifications. Bidder must agree also to pay as liquidated damages the amount stated in Section 01011, which Bidder agrees to pay for each consecutive calendar day beyond the Contract time required to complete the Project or for failing to comply with associated milestones. Liquidated Damages will end upon written notification from the Owner of Final Acceptance of the Project. Bidder acknowledges receipt of the following addenda: 1. 2. 3 AND 4 Bidder agrees to perform all the construction of the Deans Bridge Road MSW Landfill Phase III, Stage 1, Cell 2A Construction complete with appurtenant arid accessory work described in the Specifications and shown on the Drawings within 120 consecutive calendar days for the following unit prices: 06/11/07 2302-005\XA00300 I 00300 - 2 Sid I *** BASE BID *** I ITEM 1 - MOBILIZATION a. Lump Sum $ 116,733.02 I ITEM 2 - EROSION AND SEDIMENTATION CONTROL a. 2,200 L.F, Silt Fence $ 3.55/LF $ 7,810.00 I b. 6 Each Stone Check Dams $ 750.00/EA $ 4,500.00 c. 10 Each Gabions $ 1,817.00/EA $ 18,170.00 I d. 60 Acres Permanent Grassing $ 1 ,300.00/AC $ 78,000.00 e. 6,500 S.Y. Erosion Control Matting $ 1.51/SY $ 9.815.00 I f. Lump Sum NPDES Monitoring and Reporting $ 4.800.00 ITEM 3 - EARTHWORK I a. 500 C.Y. Topsoil Placement $ 5.00/CY $ 2,500.00 b. 50,000 C.Y. Excavation - On-Site Materials $ 2.75/CY $ 137,500.00 I c. 5,000 C.Y. Structural Fill - On-Site Materials $ 1.00/CY $ 5,000.00 d. 438,700 S.F. 18-lnch Select Backfill $ 1.1053/SF $ 484.895.11 I e. 438,700 S.F. Clayey Soil 6-lnch Subbase $ O,1664/SF $ 72,999.68 Excavation - f. 50,000 C.Y. Sediment Basins B , C & E $ 5.50/CY $ 275,000.00 I g. Lump Sum Structural Fill - Sediment Basin E $ 25,675.00 ITEM 4 - LEACHATE CONTAINMENT SYSTEM I a. 437,100 S.F. 60 Mil Textured HOPE Geomembrane Liner $ OA807/SF $ 210.113.97 I b. Lump Sum Temporary Stormwater Division Berm $ 43.375.00 I c. Lump Sum Permanent Divider Berm $ 15.100.00 d. Lump Sum Tie to Existing Liner $ 32.625.00 I ITEM 6 - LEACHATE COLLECTION LAYER a. 430,300 S.F. 24-lnch 1 x 10-2 cm/sec I Leachate Collection Layer or Double-Sided Geocomposite Drainage Layer with 24-1 nch Protective Soil Layer $ 0.5354/SF $ 230.382.62 I I I 06/11/07 2302-005~A00300 I 00300 - 3 Bid I ITEM 7 - LEACHATE PIPING SYSTEM I a. 1,950 L.F. Perforated 6-lnch Pipe $ 45.389/LF $ 88,508.55 4"x8" Dual Containment HOPE I b. 600 L.F. Forcemain $ 45.80/LF $ 27.480.00 c. 30 L.F. Concrete Encasement $ 30.00/LF $ 900.00 I d. 2 Each Relocate existing HOPE Manholes $ 4,000.00/EA $ 8,000.00 Remove and Replace Asphalt e. 30 L.F. Pavement $ 135.00/LF $ 4,050.00 I ITEM 8 - ROADWAYS a. 4,000 S.Y. Asphalt Pavement Improvements $ 48.84/SY $ 195,360.00 I b. 3,000 S.Y. Asphalt Concrete Pavement $ 51.63/SY $ 154,890.00 c. 600 L.F. Remove and Replace Guardrail $ 15.45/LF $ 9,270.00 I d. 200 L.F. W Beam Guardrail $ 24.75/LF $ 4,950.00 ITEM 9 - STORM DRAINAGE SYSTEM I a. 635 L.F. Concrete Lined Ditch $ 143,83/LF $ 91 ,332.05 b. Lump Sum Storm Manhole Modifications $ 3,750.00 I ITEM 10- MARKERS a. 7 Each Temporary Liner Edge $ 350.00/EA $ 2.450.00 I b. 2 Each Permanent Liner Edge $ 350.00/EA $ 700.00 ITEM 11 - CASH ALLOWANCES I a. CONSTRUCTION VERIFICATION SURVEYING $ 10,000.00 b. ENGINEER'S FIELD OFFICE EQUIPMENT $ 10,000.00 I c. TRUCK WASH FACILITY $ 300,000.00 d. SITE UTILITIES $ 475,000.00 I e. GAS SYSTEM IMPROVEMENTS $ 200,000.00 f. PROFESSIONAL SERVICES $ 150,000.00 I * * * ADDITIONAL WORK IF ORDERED BY THE ENGINEER * * * ITEM 12 - REMOVAL OF UNSUITABLE MATERIAL AND REPLACEMENT WITH I a, 5,000 C.Y. Suitable Earth Material $ 6.50/CY $ 32,500.00 b. 1,000 C.Y. Crushed Stone $ 23.87 ICY $ 23,870.00 I ITEM 13 - UPGRADE CONCRETE DITCH WITH a. 635 L.F. 6" Thick and 4000 PSI Concrete $ 24.214/CY $ 15.375.91 I I 06/11/07 2302-005\XA00300 I I I I I I I I I I I I I I I I I I I 00300 - 4 Bid BID TOTAL, ITEMS 1 THROUGH 13, INCLUSIVE, THE AMOUNT OF: Three million five hundred Eiqhtv three thousand three hundred eiqhtv and 91/100 DOLLARS ($ 3,583,380.91 ). The Bid stated hereinbefore shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. The Bid shall also include the furnishing and installing of Major Material Items of the manufacturers and suppliers listed on the attached Tabulation of Major Material Items for the Base Bid and approval alternates. This Tabulation and selected subcontractor's forms must be completed and accompany the Bid. Bidder understands that the Owner reserves the right to reject any or all Bids and to waive any informalities in the bidding. The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving Bids. Within ten (10) days upon receipt of written notice of the acceptance of this Bid, Bidder shall execute the formal Contract and the Performance and Payment Bonds attached along with Certificates of Insurance as required by the Contract Documents. The Bid security attached in the sum of ten percent (10%) of the total Bid is to become the property of the Owner in the event the contract, bonds, and the Performance and Payment Bonds attached along with Certificates of Insurance are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. 06/11/07 2302-005\XA00300 I I I I I I I I I I I I I I I I I I I 00300 - 5 Bid Respectfully submitted: Cooper. Barnette & Paae. Inc, By: Bruce Paae (Signature on file) Title: Vice President Address: 1928 Executive Park Drive Statham, GA 30666 Phone: (770) 725-4100 ATTEST: Name R. Larry Barnette (Signature on file) Title Secretary/ Treasurer Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary. 06/11/07 2302-005\XA00300 I I I I I I I I I I I I I I I I I I I 00300 - 6 Bid Tabulation of Major Material Items The Bidder shall designate below the one manufacturer for each product to be furnished and installed if awarded the Work. The Bidder understands that if this information is not provided, offering products meeting all Specification requirements and having the approval of the Engineer, then the Owner reserves the right either to determine the Bidder non-responsive and reject the Bid or to designate the manufacturer of the products to be provided which will meet all specification requirements, which Owner-designated manufacturer products must be furnished by the Bidder at no increase in the Contract Price. Material Man ufacturer/Supplier/I nsta Iler 50-mil HOPE Liner Aqru/ GSE Drainage Geocomposite Skaps HOPE Pipe ISCO Geotextile Fabric END OF SECTION 06/11/07 2302-005\XA00300 I I I I I I I I I I I I I I I I I I I Section 00414 Corporate Certificate I, R. Larry Barnette certify that I am the Secretary of the corporation named as Contractor in the foregoing bid; that Bruce Paqe who signed said bid on behalf of the Contractor was then Vice President of said corporation; that said proposal was duly signed for and in behalf of said corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said corporation is organized under the laws of the State of Georqia This 19th day of April 2007. Corporate Secretary: R. Larry Barnette (signature on file) END OF SECTION 06/11/07 2302-005\XA00414 I I I I I I I I I I I I I I I I I I I Section 00420 Statement of Bidder's Qualifications All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. Attach all additional sheets to this statement. (Sample "Project Information Form" contained at the end of this Section.) 1. Name of Bidder: . Cooper. Barnette & Paqe. Inc. 2. Permanent main office address and phone number: 1928 Executive Park Drive Statham. GA 30666 (770) 725-4100 3.. When organized: Mav 1989. 4. If a Corporation, where incorporated: Georqia 5. How many years have you been engaged in the contracting business under your present firm or trade name? 18 years . 6. Contracts on hand. (Complete a "Project Information Form", for each Contract on hand.) 7. General description of type of work performed by your company: Earthwork. utilities 8. Have you ever failed to complete any work awarded to you? If so, where and why? No 9. Have you ever defaulted on a contract? If so, where and why? No 10. Attach a list of the most important projects (minimum of five) recently completed by your company which are similar in scope and contract amount to this Project. (Complete a "Project Information Form", for each Project listed.) 11. Names, background and experience of the principal members of your project team and organization officers: Years Name Position Experience Ronald Cooper Bruce Page Lee Barnett Larry Barnette 24 15 14 18 President Vice President Vice President Secretary/ Treasurer . 06/11/07 2302-005\XA00420 I. I I I I I I I I I I I I I I I I I I 00420 - 2 Statement of Bidder's Qualifications 12. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Statement of Bidder's Qualifications. I, Bruce Paqe , certify that I am Vice President of the Bidder, and that the answers to the foregoing questions and statements contained therein are true and correct. BIDDER: Cooper, Barnette & Page, Inc. By: Bruce Page (signature on file) Title: Vice President Date: April 19, 2007 Subscribed and sworn to me this 30th day of April ,200I. NOTARY PUBLIC: Katie Ford (signature on file) Commission Expires: September 13, 2009 (Date) 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I 00420 - 3 Statement of Bidder's Qualifications Project Information Form Contracts on Hand Project Title: Oak Grove Landfill Closure #3 B Project Description: 7 acre closure, qas wells, berms, HOPE liners, downdrains Project Owner: Owner Name: Contact Person: Phone Number: Republic Services Tim Laraway (770) 867-2499 Engineer/Construction Manager: Company Name: Contact Person: Phone Number: Golder & Associates Kevin Brown (770) 496-1893 Contract Amount: Initial: Final: $435.000.00 N/A Contract Time: Initial: Final: Completion: 90 days N/A N/A 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I 00420 - 4 Statement of Bidder's Qualifications Project Information Form Contracts on Hand Project Title: Dean Forest Road Landfill Project Description: 30 acres cell construction. 265.000 CY trash removal Project Owner: Owner Name: Contact Person: Phone Number: City of Savannah Pete Shonka (912) 651-6510 Engineer/Construction Manager: Company Name: Contact Person: Phone Number: Hussey Gay Bell & DeYounQ Michael CloUQh (912) 354-4626 Contract Amount: Initial: Final: $14.000.000.00 N/A Contract Time: Initial: Final: Completion: January 2008 06/11/07 2302-005\XA00420 I I I I I .1 I I I I I I I I I I I I I 00420 - 5 Statement of Bidder's Qualifications Project Information Form Contracts on Hand Project Title: Twin Chimneys Landfill Cell 2 Project Description: 7 acre cell. clay, protective cover. excavation. HOPE liners Project Owner: Owner Name: . Contact Person: Phone Number: Greenville County Marcia Papin (864) 234-5867 Engineer/Construction Manager: Company Name: Contact Person: Phone Number: HDR Eric Wriqht (704) 338-6719 Contract Amount: Initial: Final: $2.6 million N/A Contract Time: Initial: Final: Completion: 150 days 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I 00420 - 6 Statement of Bidder's Qualifications Project Information Form Contracts on Hand Project Title: Richland Creek Landfill Part C Project Description: 4 acre cell, underdrain, screeninq of soil liner & protective cover leachate collection system Project Owner: Owner Name: Contact Person: Phone Number: Allied Waste Brian Martz (770) 211-3575 Engineer/Construction Manager: Company Name: Contact Person: Phone Number: HDR Enqineerinq Gil Haines (404) 368-2907 Contract Amount: Initial: Final: $750,000.00 Contract Time: Initial: Final: Completion: 120 days 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I 00420 - 7 Statement of Bidder's Qualifications Project Information Form Project Title: SR 110 MSW landfill Project Description: Construction of new 11 acre cell. GCl and qeocomposite leachate system, 2 leachate storaqe tanks (130,000 qal tanks), pump station Project Owner: Owner Name: Contact Person: Phone Number: Camden County lannie Brant (912) 790-4099 Engineer/Construction Manager: Company Name: Contact Person: Phone Number: ACC Robert Brown (912) 790-7884 Contract Amount: Initial: Final: $2,959,543.00 Contract Time: Initial: Final: Completion: 240 days 240 days February 2006 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I Project Title: 00420 - 8 Statement of Bidder's Qualifications Project Information Form Swift Creek Landfill Project Description: New construction of a 6 acre MSW landfill with' GCL & qeo- composite. leachate pipe and manholes Project Owner: Owner Name: Contact Person: Phone Number: Engineer/Construction Manager: Company Name: Contact Person: Phone Number: Contract Amount: Initial: Final: Contract Time: Initial: Final: Completion: Republice Services of Georqia. LP Tim Laraway (770) 867-2499 HHNT Michael Stubbs (478) 743-7175 $2.1 million $2.1 million 120 days 120 days July 2006 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I Project Title: 00420 - 9 Statement of Bidder's Qualifications Project Information Form Deans Bridoe Road Landfill Project Description: Construction of 16 acre cell, underdrain, storm sewer system. leachate system, pavino, soil liner, protective cover Project Owner: Owner Name: Contact Person: Phone Number: Engineer/Construction Manager: Company Name: Contact Person: Phone Number: Contract Amount: Initial: Final: Auqusta - Richmond County Mark Johnson (706) 592-9634 JJG/ ACC Robert Brown (912) 790-7884 $4,650.000.00 N/A The cell was completed in Nov. 2005 and the owner added additional work that is ongoing to this date Contract Time: Initial: Final: Completion: 270 days 270 days cell only 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I 00420 - 10 Statement of Bidder's Qualifications Project Information Form Project Title: Oak Grove landfill Cell 9 Project Description: 14 acre new cell, 595.000 SF of 60 mil GCl and Geocomposite underdrains. reinforced wall. 44.000 CY of protective cover. box. culverts. 2.000 IF of leachate pipe and 44.000 CY of clay Project Owner: Owner Name: Contact Person: Phone Number: Engineer/Construction Manager: Company Name: Contact Person: Phone Number: Contract Amount: Initial: Final: Contract Time: Initial: Final: Completion: Republice Services of Georqia. lP Tim Laraway (770) 867-2499 Golder & Associates Kevin Brown (770) 496-1893 $3.1 million Extra unsuitables at subgrade excavation $3.3 million 180 days 180 days October 2004 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I Project Title: Project Information Form Oak Grove Landfill Closure 2 Project Description: 00420 - 11 Statement of Bidder's Qualifications 10 acre closure. 3.000 feet of berms. downdrains and qrassinq Project Owner: Owner Name: Contact Person: Phone Number: Engineer/Construction Manager: Company Name: Contact Person: Phone Number: Contract Amount: Initial: Final: Contract Time: Initial: Final: Completion: Republice Services of Georqia. LP Tim Laraway (770) 867-2499 Golder & Associates Kevin Brown (770) 496-1893 $450.000.00 $450.000.00 90 days 90 days December 2004 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I Project Information Form Project Title: Oak Grove Landfill Closure #1 Project Description: 00420 - 12 Statement of Bidder's Qualifications 13 acre closure proiect. qas system with qas wells. veqetative layer. foundation layer. excavate and relocate waste (51,000 CY) Project Owner: Owner Name: Contact Person: Phone Number: Engineer/Construction Manager: Company Name: Contact Person: Phone Number: Contract Amount: Initial: Final: Contract Time: Initial: Final: Completion: Republice Services of Georqia. LP Tim Laraway (770) 867-2499 Golder & Associates Kevin Brown (770) 496-1893 $591.610.00 $868.735.00 150 days 150 days April 2001 Owner added removal of garbage 06/11/07 2302-005\XA00420 I I I I I I I I I I I. I I I I I I I I 00420 - 13 Statement of Bidder's Qualifications Project Information Form Project Title: Oak Grove Landfill Closure #3A Project Description: 7 acre closure. qas wells, berms. HOPE liners. downdrains Project Owner: Owner Name: Contact Person: Phone Number: Republice Services of Georqia. LP Tim Laraway (770) 867-2499 Engineer/Construction Manager: Company Name: Contact Person: Phone Number: Golder & Associates Kevin Brown (770) 496-1893 Contract Amount: Initial: Final: $435.000.00 $435.000.00 Contract Time: Initial: Final: Completion: 90 days 90 days January 2007 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I Project Information Form * MULTIPLE PROJECTS AT THIS SITE* Project Title: Pine Ridqe Landfill - Butts County, Georqia Project Description: 00420 - 14 Statement of Bidder's Qualifications 7 new containment cells, 1 million CY of earthwork. 260,000 CY clay liners, 260,000 CY protective cover, 3 million SF of HOPE liners, 15.000 LF leachate collection pipe Project Owner: Owner Name: Contact Person: Phone Number: Eng ineer/Construction Manager: Company Name: Contact Person: Phone Number: Contract Amount: Initial: Final: Contract Time: Initial: Final: Completion: Republic Services of Georqia , LP Rick Smith (770) 231-9081 PJ Carey & Associates Peter Carey (678) 482-5193 These contracts ranqe from $1.5 million to $2.5 million 150 to 270 days 150 to 270 days Completed on time 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I Project Title: 00420 - 15 Statement of Bidder's Qualifications Project Information Form Pine Ridqe Closure #1 Project Description: 12 acre landfill closure system, berms, downdrains. mattinq foundation layer and veqeqtation layer Project Owner: Owner Name: Contact Person: Phone Number: Engineer/Construction Manager: Company Name: Contact Person: Phone Number: Contract Amount: Initial: Final: Contract Time: Initial: Final: Completion: Republic Services of Georqia , LP Rick Smith (770) 231-9081 PJ Carey & Associates Peter Carey (678) 482-5193 $800.412.00 $800.412.00 180 days 180 days April 2003 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I Project Title: Project Information Form Richland Creek Landfill Project Description: 00420 - 16 Statement of Bidder's Qualifications 12 acre cell. underdrain, screeninq of soil liner & protective cover leachate collection system Project Owner: Owner Name: Contact Person: Phone Number: Engineer/Construction Manager: Company Name: Contact Person: Phone Number: Contract Amount: Initial: Final: Contract Time: Initial: Final: Completion: The first 6 acres had to be completed within 90 days Cooper Barnette & Paqe completed it in 55 days Allied Waste Brian Martz (770) 211-3575 HDR Enqineerinq Gil Haines (404) 368-2907 $4.138.959.00 $3.690,194.00 90 days. 55 days 120 days 120 days Owner added additional cell END OF SECTION 06/11/07 2302-005\XA00420 I I I I I I I I I I I I I I I I I I I Section 00480 Non-Collusion Affidavit of Prime Bidder STATE OF GEORGIA COUNTY OF BARROW I, R. Larry Barnette . being first duly sworn, deposes and says that: He or she is Bruce Paqe. Vice President of Cooper Barnette & Paqe, Inc. the Bidder that has submitted the attached Bid; He or she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; Such Bid is genuine and is not a collusive or sham Bid; Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Augusta or any person interested in the proposed Contract; and The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. BIDDER: By: Title: (name printed or typed) / Treasurer Date: Jul~ 3, 2D07 Subscribed and sworn to me this ~day of Ju I ~ ' 2007. NOTARY PUBLIC: ~aU~~ ~ I rY1 /'J ,}J ,I L (namA-signed) ---LL! IAAq Lu ~ Cl tK \LS m (name printed or typed) Commission Expires: ftb(l)~ 27v. 1DD~ (S~AL) _ END OF SECTION 06/11/07 2302-005\XA00480 I I I I I I I I I I I I I I I I I I I THIS CONTRACT, made this ~ day of Section 00500 Contract ~007, by and between Augusta-Richmond County, hereinafter called "Owner" and Cooper, Barnette & Page, Inc, doing business as corporation hereinafter called "Contractor. WITNESS: That for and in consideration of the payments and agreements hereafter mentioned: 1. The Contractor will commence and complete the construction of Deans Bridge Road MSW Landfill, Phase III, Stage 1, Cell 2A. 2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein. 3. The Contractor will com,mence work required by the Contract Documents on or before a date specified in the written Notice to Proceed and will complete the same within 120 calendar days unless the period for completion is extended otherwise by the Contract Documents. Time is of the essence and is an essential element of this Contract, and the Contractor shall pay to the Owner, not as a penalty, but as liquidated damages, the sum of $1,000.00 for each calendar day that there is default of completing the Work within the time limit named herein or the amounts stipulated in Section 01011 for each calendar day there is default of completing the Work or defaults in completion of all the Work after commencement thereof, the Contractor shall be liable for such liquidated damages. If the Contractor abandons the Contract before commencement of the Work or defaults in completion of all the Work after commencement thereof, the Contractor shall be liable for such liquidated damages. These fixed liquidated damages are not established as a penalty but are calculated and agreed upon in advance by the Owner and the Contractor due to the uncertainty and impossibility of making a determination as to the actual and consequential damages incurred by the Owner and the general public of Richmond County, Georgia as a result of the failure on the part of the Contractor to complete the Work on time. Such liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under the Contract. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of::-Threemllion.five -hundred eiqhtv tl].ree"thousand) thr~e:~unai"eaeialitv~C)nd-91/100 QQh..LAR~(~ 3.583~380.91 Ll 5. The term "Contract Documents" means and includes the following: 06/11/07 2302-005\XA00500 I I I I I I I I I I I I I I I I I I I 00500 - 2 Contract (A) Invitation to Bid (B) Instructions to Bidders (C) Bid (D) Bid Bond (E) Statement of Qualifications (F) Partnership or Corporate Certificate (G) Noncollusion Affidavits (H) Contract (I) General Conditions (J) Supplementary Conditions (K) Payment Bond (L) Performance Bond (M) Notice of Award (N) Notice to Proceed (0) Change Order(s) (P) Certificate of Owner's Attorney (Q) Drawings prepared by Atlantic Coast Consulting, Inc. (R) Specifications prepared or issued by Atlantic Coast Consulting, Inc. (S) Construction Quality Assurance Plan (QAlQC Plan) (T) Addenda: 6. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Contract shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Contract in six (6) copies each of which shall be deemed an original on the date first above written. 06/11/07 2302-005\XA00500 I I I I I I I I I I I I I I I I I I I 00500 - 3 Contract OWNER: AUGU~DCO 1v:y Name: )-e~~ CN~~ ff,,"v6)- (Please Print or Type) C;l4-C- Title: ~~-oJl- (SEAL) #';. :,.., r' ." CONTRACTOR: COOPER, BARNETTE & PAGE, INC. BY:~~ Name~8(CUf f.- ~ L Title: _Vice Rz~,tkot ' Address: 1928 Executive Park Drive Statham, Georoia 30666 Name rnJ '\3tJX nt;-tr (Please Print or Type) Title _ Y if. (SEAL) Note: Attest for a Corporati n must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary. END OF SECTION 06/11/07 2302-005\XA00500 I I I I I I I I I I I I I I I I I I I Section 00550 Pre-Award Oath STATE OF GEORGIA COUNTY OF RICHMOND In accordance with O.C.G.A. 936-91-21 (e), we, the undersigned of Cooper, Bamette & Paqe. Inc., being first duly swom, deposes and says that: We have not directly or indirectly violated O.C.G.A. 936-91-21 (d), and more specifically, we have not prevented or attempted to prevent competition in such bidding or proposals by any means whatever, prevented or endeavored to prevent anyone from making a bid or proposal thereof by any means whatever, nor caused or induced another to withdraw a bid or proposal for the work. We, the undersigned, to the best of our knowledge, affirm that no other officers, agents or other persons acted for or represented the Contractor in the bidding for and procurement of this Contract. r2 Si9nt; '.IUL 1~ Title V,'Ct:.. ~ef. Date Printed Name Jvwre 9Aje. I}-S-(/) ....vY11l1"\ fit : ~A~ Commission Expires: Flh-~ U1 21jft, ~) (SEAL) END OF SECTION 06/11/07 2302-005\XA00550 I I I I I BOND NUMBER: 3 do '\ tf 2 tt?~ 3 Section 00610 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Cooper, Barnette & Page, Inc. the "Principal,"and a corporation of the State of Georgia, Western Surety Company PO Box 5077, Sioux Falls. South Dakota 57117. the "Surety," are held and firmly bound unto Augusta- Richmond County (the "Owner") existing under and by virtue of the laws of the State of Georgia, in the sum of Three million five hundred eiqhtv three thousand three hundred eiqhtv and 91/100 DOLLARS ($ 3,583,380.91 ) in lawful money of the United States, for the payment of which sum in lawful money of the United States well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally. I The condition of this obligation is such that whereas Principal)J.96 entered into a certain Contract with the Owner, dated as of the ,~ day of ~ 2007, I . f1r VZhiCh is by reference incorporated in and made a part hereof as fully as if copied hereverbatim, '--Q"-tI f~'r the following work: I I I I I I I I I I I I Deans Bridge Road MSW Landfill, Phase III, Stage 1, Cell 2A. NOW, THEREFORE, if the Principal shall in all respects comply with and perform all the terms and conditions of the Contract (which includes the Drawings, Specifications, and Contract Documents) and such alterations as may be made in said contract as the documents therein provide for, during the original term thereof and any extensions thereof which may be granted by the Owner, with or without notice to Surety, and during the one year warranty period, and if Principal shall satisfy all claims and demands and shall indemnify and save harmless the Owner against and from all costs, expenses, damages, injury, or conduct, want of care, skill, negligence, or default, including compliance with performance guarantees and patent infringement by the Principal, then this obligation shall be void; otherwise, Principal and Surety jointly and severally agree to pay to Owner any difference between the sum to which the Principal would be entitled on completion of the contract and that which the Owner may be obliged to pay for the completion of the work by contract or otherwise, together with any damages, direct or indirect, or consequential, which Owner may sustain on account of such work, or on account of the failure of the Principal to keep and execute all provisions of the Contract. Principal and Surety further bind themselves, their heirs, executors, administrators, and assigns, jointly and severally, that if the Principal shall keep and perform its agreement to repair or replace defective work or equipment during the warranty period of one (1) year as provided, then this paragraph shall be void; but if default shall be made by Principal in the performance of its contract to so repair or replace said work, then this paragraph shall be in effect and Owner shall have and recover from Principal and its Surety damages for all defective conditions arising by reason of defective materials, work, or labor performed by or on the account of Principal and it is further understood and agreed that this obligation shall be a continuing one against the Principal and Surety hereon, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation therein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner 06/11/07 2302-005\XA00610 I I I I I I I I I I I I I I I I I I I 00610 - 2 Performance Bond affected from any cause during said time; and to fully save and hold the Owner harmless for any' damages it may be caused to pay on account of injury to person, loss of life or damage to property. And the Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and this Bond shall in no way be impaired or affected by any extension of time, modification, omission, addition, or change in or to the contract, the work to be performed thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provision thereof, or by any assignment subletting or other transfer thereof, or of any part thereof, of any work to be performed, or of any moneys due to become due thereunder; and the said Surety does hereby waive notice of any and all such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts, and transfer, and hereby stipulates and agrees that any and all things done and omitted to be done by and in relation to executors, administrators, successors, assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by and in relation to the Principal. This bond is given pursuant to and in accordance with the provisions of O.C.G.A. Section 36-91-1 et.seq. and all the provisions of the law referring to this character of Bond as set forth in said Sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full. IN WITNESS WHEREOF, the Principal and Surety have executed this Bond by causing their respective names to be hereunto subscribed and their seals to be hereunto affixed by their duly authorized officers, on this the I> -L- day of C7~ , 200I, executed in six counterparts. ---... 06/11/07 2302-005\XA00610 I I I I I I I I I I I I I I I I I I I 0061 0 - 3 Performance Bond CONTRACTOR - PRINCIPAL: COOPER BARNETTE & PAGE, INC. BY:~~ Name: ~R1.Lte. PM< (Please Print orType) Title:~P~' (SEAL) Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary. WITNESS: '-()'\~)n IJ.r..JcfJ~ Name Marie M. Hartley (Please Print or Type) , Title ~ ~hJ SURETY: WESTERN SURETY CO/:ANjz By:0~ Name: ~~('~ A. ~pl.t Ll~(' (Please Print or Type) Title: Attorney-in-Fact Agency: YATES rN5URANCE AGENCY Address: P.O. DRAWER 95806 . ATLANTA, GEORGIA 30347 (SEAL) Note: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. END OF SECTION 06/11/07 2302-005\XA00610 I I I I I I I I I I I I I I I I I I I . " i ;} BONDNUMBER: q ,t'o,L42't 3(,3 Section 00620 Payment Bond KNOW ALL MEN BY THESE PRESENTS: that Cooper, Barnette & Page, Inc. the "Principal," a corporation of the State of Georgia,and Western Surety Company PO Box 5077. Sioux Falls. South Dakota 57117. the "Surety," are held and firmly bound unto Augusta-. Richmond County (the "Owner") existing under and by virtue of the laws of the State of Georgia, in the sum of Three million five hundred eiqhtv three thousand three hundred eiqhtv and 91/100 DOLLARS ($ 3,583.380.91) in lawful money of the United States, for the payment of which sum in lawful money of the United States well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally. The condition of this obligation is such that.wereas Princi~ has entered into a certain Contract with the Owner, dated as of the r - day of ~ 200I, --... which is by reference incorporated in and made a part hereof as fully as if copied here verbatim, for the following work: Deans Bridge Road MSW Landfill, Phase III, Stage 1, Cell 2A. NOW, THEREFORE, if the Principal shall fully pay for all the labor and materials used by said Principal or any immediate or remote subcontractor or furnisher of labor or materials under him in the performance of the work in lawful money of the United States as the same shall become due, including all amounts due for materials, lubricants, oil, gasoline, electricity, coal and coke, repairs on machinery, equipment, and tools, consumed or used in connection with performance of the work and all insurance premiums and other charges incurred under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Principal and Surety. further bind themselves, their heirs, executors, administrators, and assigns, jointly and severally, that they shall promptly make payments of all taxes, licenses,. assessments, contributions; penalties, and interest thereon, when, and if, the same may be lawfully due the State of Georgia or any County, Municipality, or political subdivision thereof by reason of and directly connected with the performance of the Contract, or any part thereof. And the Surety, for value received, hereby stipulates and agrees that the obligations. of the Surety and this Bond shall in no way be impaired or affected by any extension of time, modification, omission, addition, or change in or to the contract, the work to be performed thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provision thereof, or by any assignment subletting or other transfer thereof, or of any part thereof, of any work to be performed, or of any moneys due to become due thereunder; and the said Surety does hereby waive notice of any and all such extensions, modifications, omissions additions, changes, payments, waivers, assignments, subcontracts, and transfer, and hereby stipulates and agrees that any and all things done and omitted to be done by and in relation to executors, administrators, successors, assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by and in relation to the Principal. 06/11/07 2302-005\XA00620 c ~:.. ~ / My commission ~lCpire$ November 30. 2012 +.......4t~Ye~~""'Iw/IIl.......~, 1_ D. KRELL ~ ~=::r~@J .illIi................._..~~................. . ~ ~- . . ~ Surety COOlpany POWER OF AITORNEY APPOINTING INDMDUAL A'M'ORNEY~IN.FAcr Know All Mea By new Praela, That wesTERN SURETY COMPANy, . SoUlh Dlkoca COfporation, is . duly arpni3:cd and exislins corpclfllbJ having ilJ principal olJillC iQ 1l1c City or S~ Palls, end StIle or South 0U:IItI, IIId m.t i\ docs by virt1lc of Ibc U&natIWC ~d a hereia Ift'Ixed llercby make, C(lQSlituIe and Ippoiat P D Vates, Jr, P D Yatel, III, AlaJ1 R Vates, Michael L Angel, Karen A Maynard, Michael S Brickaer, Kevin M. Neidert, Tamara Hendrix, Marie M Hartley, Betsy J lIolmes, Le Roy N Myhre, Emmett H HaU, Brian KHughes, Gary A SpuUer, Daniel Vates, Individually of Atlanta, GA, its true IIld lawful Altomcy(s)-in-l'''' with IIlI1 power end aulhoricy .=y <XllIfcmd ID .ien. sea1 &lid CKaltc for and on its behalf bonds, undenakinp w ocher oblilatory instl\lInntr of similar Dillin ~ In UnUmited Amounts _ tmd ID bind it thereby as ftIIJy and to d1eJ&l!leemnt..ircuch llIs\l'\UnenlS Wt'.uianecl bya.lufy alllborizal officer oflhc ~ ~hlllhc IICtS of Slid AaonIey, PunII_t ID !be &IIthority hereby li~, are ~by ratified IIId confirmed, This Power of AItomcy is -.de .nd QCculcd pw'S\IIlU \0 IIld by IIItItority of!he By-Law printed 01\ !he r8Y11S. hereof. duly adoplcd, u indil:lted. by the sbuUoIdcn oftll. ~iolL I. Wlt.e.s Mereuf. WESTERN SURETY COMPANY bas CAI.ISCd these pmctIlS to be slaned by its Senior Vice Prcaldaat and its corpcntc aID be Ilcreto IITIud v.1bis 31SlUY of OCtober. 1006. o WESTERN SURETY COMPANY R/~~ Paul . "'Oat. Senior Vice PlaideN SIaIII of SoIoIh 0aIccn. Counl)'ofMinnchMI } II OlIlhiJ 3 lit <lay of~, 2006, before me pa'lOIlllly CIllIC P..1 T. BruIllt. \0 me lnown. woo, bcilll by .. duly swom. did depOK UHI.I)': lIlIt he reside, In Ihe City ofSioull F..... $C_ orSolllll Dali:oca; that he Is tile SeAior VillC PnlliclentofWESTI:RN SURETY COMPANY described in 11I4 which ex<<i*d the lIbove I",""ment: lIIal be knows th. .ul ofscd COflIOrIl\OlI; that tl\a .....mud \0 \be said IDSl'\lIIICIIt is .~ CCIrplrU SCII: till it was SD .mud PlII'SUIlll to .uthority &iven by the Board of D~cklrl 0( .lId COIJlOlatioCl _eI dII1llc lipc4 his III11l\C tKreto punuant to lik. lUlhority, &Dd 8dcnowledaes same ID be \be let and deed of said COJpOrIItioq. CERTIFICATE I. L. Nclso.. Assi.IWll Secretary or WESTERN SURETY COMPANY do IIcreby certify Iballl>c rower of Allomcy lIcreinabow set fonII is ItlU in tbrcc, and t\uthcr ecniff tIlat tile By-Law of tile CCIIpOnlIon prineed CllI tile RVCnf IleItOf Is 11I11 In force:. In talimony whtraort haw lIcRuato suh$uibed my name MIl IlIlxed 1M Mal of lilt laid ~lolIlhll day of o WESTERN SURETY COMPANY Fccm F41JO.Q9-06 g. ~~~Scctewy I I I I I I I I I I I I I I I I I I I 00620 - 2 Payment Bond This Bond is given pursuant to and in accordance with provisions of O.C.G.A. Section 36-91-1 et.seq. hereinafter, and all the provisions of law referring to this character of Bond as set forth in said Sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full. IN WITNESS WHEREOF, the Principal and Surety have executed this Bond by causing their respective names to be hereunto subscribed an~ls to be hereunto affixed by their duly authorized officers, on this the ~ day of ,200I, executed in six counterparts. ---- 06/11/07 2302-005\XA00620 I I I I I I I I I I I I I I I I I I I 00620 - 3 Payment Bond CONTRACTOR - PRINCIPAL: COOPER BARNETTE & PAGE, INC. By: ~~ Name: _Prc-lUe PM e.. (Please Print or-rype) . Title: V.0. ~J Name Title ~[waev rrQaB..R2t2 (SEAL) Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary. SURETY: By: Name: Ga..f . S et (Please Print or Type) Title: Attorney-in-Fact Agency: YATES INSURANCE AGENCY Address: P.O. ORA WER 95806 A I LAN r A, GEORGIA 30347 . .- ~.- -- WITNESS: /1\~1n~ Name Marie M. Hartley (Please Print or Type) Title W~ (SEAL) Note: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. END OF SECTION 06/11/07 2302-005\XA00620 I' I I I I I I I I I I I I I I I I I I Section 00697 Notice Of Award To: Re: ' Deans Bridge Road MSW Landfill, Phase III, Stage 1 ,_C,elJ ,2A The Owner has considered the Bid submitted by you for the above-referenced Project in response to its Invitation to Bid and Information for Bidders. You are hereby notified that your Bid has been accepted for items in the amount of You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond, and certificates of insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Contract and furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond will be entitled to such other rights as may be granted by law. Owner. You are required to return an acknowledged copy of this Notice of Award to the Dated this .,fdJ day of 20 or- ~ ..&.-CI'( oJ- Name and Title: ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this the day of ,200_. By: Name and Title: END OF SECTION 01/26/07 2302-005\XA00697 I I I I I I I I~ ~V/- By: ~ 1;- I Name and Title: ye.~e Cor~tMvt;;~ I I I I I I I I I Section 00698 Notice To Proceed NOTICE TO PROCEED To: Re: Deans Bridge Road MSW Landfill, Phase III, Stage 1, Cell 2A You are hereby notified that to commence work in accordance with the Agreement dated ,200_, on or before , 200_, and you are to complete the. project within 120 consecutive calendar days thereafter. The date of completion of all work is therefore ,200_. Dated this ,200_0 day of v-t~JL- ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by this the day of ,200_. By: Name and Title: END OF SECTION 01/26/07 2302-005\XA00698 I I I I I I I I I I I I I I I I I I I Date: Section 00699 Certificate Of Owner's Attorney ~c:-- I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. ~ j;-J 11/ 7 k-~~'\ ~ END OF SECTION 01/26/07 2302-005\XA00699 I I I I I I I I I I I I I I I I I I I o. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. Section 00700 General Conditions GENERAL CONDITIONS General Definitions Additional Instructions and Detail Drawings Schedules, Reports, and Records Correlation of Documents Shop Drawings Materials, Services, and Facilities Inspection and Testing Substitutions Patents Surveys, Permits, Regulations Protection of Work, Property, Persons Supervision by Contractor Changes in the Work Changes in Contract Price Time for Completion and Liquidated Damages Correction of Work Subsurface Conditions Suspensions of Work, Termination, and Delay Payments to Contractor Acceptance of Final Payment as Release Insurance Contract Security Assignments Indemnification Separate Contracts Subcontracting Engineer's Authority Land and Rights-of-Way Guaranty Taxes Disputes Contract Provisions Required by Law Prohibited Interest Use of Premises and Removal of Debris Estimate of Quantities Contractor's Obligations Payments by Contractor Waiver Chemicals Connecting of Existing Work Program and Method of Construction Buildings and Shanties Sewage, Surface and Flood Flows Obstructions Encountered Use of Streets Access by Representatives of Governmental Agencies Local and State Laws Deleted 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I o. 0.1 0.2 0.3 0.4 0.5 0.6 00700 - 3 General Conditions GENERAL CONDITIONS GENERAL GENERAL CONDITIONS: The General Conditions are general in scope and may refer to conditions not encountered on the work covered by these Contract Documents. Any provision of the General Conditions which pertains to a nonexistent condition and is not applicable to the work to be performed hereunder, shall have no meaning in these Contract Documents and shall be disregarded. SPECIFICATIONS: No attempt has been made in the Specifications to segregate work to be performed by any trade or subcontract. Any segregation between the trades or crafts will be solely a matter for agreement between the Contractor and his employees and his subcontractors. The Specifications as a whole will govern the construction of the entire work. The applicable provisions thereof will govern work to be performed under each section. CONTRACT DOCUMENTS: The Contract Documents cover all matters relating to the work the Contractor is obligated to perform. The Contract Documents are organized into various parts and sections for convenience. All parts and sections of the Contract Documents are complementary, and what is called for by any shall be as binding as if called for by all. The Contract Documents, as defined herein, form the Contract between the Owner and the Contractor for the performance of the work covered by these Contract Documents. It is agreed by the Owner and the Contractor, as evidenced by and through the execution of the Contract, that all terms of the Contract Documents shall be binding on both parties to the Contract and shall be a part of the Contract, the same as if the Contract Documents are repeated therein. LEGAL ADDRESSES: Both the business address of the Contractor given in the Bid Proposal Form and the Contractor's office in the vicinity of the work either of which are hereby designated as the place to which all notices, letters, and other communication to the Contractor will be mailed or delivered. The address of the Owner is indicated in the bidding instru"ctions, and is hereby designated as the place to which all notices, letters, and other communication to the Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to the other party. INDEPENDENT CONTRACTOR: The relation of the Contractor to the Owner shall be that of an independent contractor. GOVERNING STANDARD SPECIFICATIONS: Standard specifications or other specifications of organizations, societies, governmental agencies, or bodies, referred to in these Contract Documents, are made a part of these Contract Documents the same as if repeated herein. Unless specifically stated otherwise, the standard shall be that adopted and published at the date of the Advertisement for Bids. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 1.10 1.11 1,12 1.13 1.14 1.15 1,16 1.17 1.18 00700 - 5 General Conditions Notice to Proceed, and the Specifications, Drawings, and Engineering Data furnished by the Contractor and accepted by the Owner. Whenever, in any portion of the Contract Documents, the terms "Plans and Specifications" or "Specifications" or "Contract" or words of like import appear, they shall be interpreted to mean Contract Documents as defined herein. CONTRACT PRICE: The contract price or contract prices named in the Contract Documents shall be the amount of the compensation to the Contractor agreed to by the Owner and the Contractor for the proper and satisfactory completion of the work specified herein, including all contingencies, in full conformity with the Contract Documents. The contract price(s) shall be full payment for the performance of the work and the furnishing of labor, materials, transportation, supplies, tools, equipment, taxes, employee benefits, incidentals, services, and other items necessary or convenient for completion of the work in a satisfactory and acceptable manner, and within the intent of these Contract Documents. CONTRACT TIME: The number of calendar days allowed by these Contract Documents for the completion of the work, including authorized time extensions for the completion of the work sufficient for acceptance as substantially complete by the Owner. CONTRACTOR: The person, firm, or corporation whose proposal is accepted by the Owner and who enters into a Contract with the Owner for performance of the work covered by and in conformance with these Contract Documents. DRAWINGS: Drawings, which are sometimes referred to herein as "plans," are defined as all (a) drawings furnished by the Owner as a basis for bids; (b) supplementary drawings furnished by the Owner to clarify and to define in greater detail the intent of the Contract Drawings and Specifications; (c) drawings furnished by the Owner to the Contractor during the progress of the work;. ENGINEER/PROJECT MANAGER: Owner approved personnel and Contractor(s). FIELD ORDER: A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME issued by the ENGINEER to the CONTRACTOR during construction. NOTICE OF AWARD: The written notice of the acceptance of the BID from the OWNER to the successful bidder. NOTICE TO PROCEED: Written communication issued by the OWNER to the CONTRACTOR authorizing him to proceed with the WORK and establishing the date of commencement of the WORK. , OBSERVER: An authorized representative of the Engineer assigned to make necessary observations of the work performed by the Contractor. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I a 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 00700 - 7 General Conditions SPECIFICATIONS: A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards, and workmanship. SUBCONTRACTOR: The person, firm, or corporation having a direct contract with the Contractor or with any other subcontractor for performing work covered by these Contract Documents which the Contractor is obligated to perform or to cause to be performed. SUBSTANTIAL COMPLETION: That date as certified by the ENGINEER when the construction of the PROJECT is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT can be safely, conveniently and beneficially utilized for the purposes for which it is intended. SUPPLIER: The person, firm, or corporation who will furnish products acceptable to the Engineer for incorporation into the work covered by these Contract Documents. A supplier may also be referred to as "manufacturer" or "distributor" in these Contract Documents. WORK: Everything specified, indicated, shown, or contemplated, including materials, labor, equipment, transportation, supplies, and things required to be done, furnished, or performed by the Contractor under these Contract Documents. The work shall include everything expressly or impliedly required of the Contractor by the Contract Documents. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the WORK. MAY: Permissive. "SHALL" IMPLIED: Some sentences, statements and clauses used in the specifications exclude any form of the verb "shall" normally expressed in a verb phrase with verbs such as "furnish", "install", "provide", "perform", "construct", "erect", "comply", "apply", "submit" or similar verb, but in any such sentences, statements, and clauses shall be interpreted to include the applicable form of the phrase "The CONTRACTOR shall" and the requirements described therein shall be interpreted as mandatory elements of the CONTRACT. SHALL: Mandatory WILL: Mandatory 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 3.6 3.7 3.8 3.9 00700 - 9 General Conditions The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. An updated schedule and an updated Schedule of Submittals shall be presented with each partial payment request. Lack of an updated schedule and/or an updated Schedule of Submittals will delay processing of the pay request until receipt of the updated schedule and/or an updated Schedule of Submittals. If the schedule reflects a completion date prior to the completion date established by the Contract Agreement, this shall afford no basis to claim for delay should the Contractor not complete the Work prior to the projected completion date. Instead all "float" between the completion date in the Contractor's schedule and the completion date established in the Contract Agreement shall belong to and be exclusively available to the Owner. Should a change order be executed with a revised completion date, the progress schedule shall be revised to reflect the new completion date. Contractor's Responsibilities (1) Implement the detailed Near Term Schedule of activities to the fullest extent possible between Project Coordination Meetings. (2) The Contractor shall prepare the Contractor's Daily Report by 10:00 a.m. of the day following the Report date. This Daily Report will contain, as a minimum, the weather conditions; number of workers by craft, including supervision and management personnel on site; active and inactive equipment on site; work accomplished by CPM activity item; problems; and visitors to the jobsite. (3) If a current activity or series of activities on the OPS is behind schedule and if the late status is not due to an excusable delay for which a time extension would be forthcoming, the Contractor shall attempt to reschedule the activity to be consistent with the Overall Project Schedule so as not to delay any of the Contract milestones. The Contractor agrees that: a. The Contractor shall attempt to expedite the activity completion so as to have it agree with the OPS. Such measures as the Contractor may choose shall be made explicit during the Project Coordination Meeting. b. If, within two weeks of identification of such behind-schedule activity, the Contractor is not successful in restoring the activity to an on schedule status, the Contractor shall: 1. Carry out the activity with the scheduled crew on an overtime basis until the activity is complete or back on schedule. 2. Increase the crew size or add shifts so the activity can be completed as scheduled. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 4.6 4.7 4.8 4.9 4.10 4.11 4.12 00700 - 11 General Conditions The parts of the Contract Documents are complementary, each part being an essential part of these Contract Documents, which are intended to describe and provide for a complete work. A requirement occurring in one is as binding as though occurring in all. The Contractor shall carefully study and compare all Drawings, Specifications, and other instructions; shall test all figures on the Drawings before laying out the work; shall notify the Engineer of all errors, inconsistencies, or omissions which he may discover. The Contractor shall not take advantage of any error or omission, which may be found in the Drawings or other Contract Documents. In case of unresolved conflict between items of the Contract Documents, the following order of precedence shall govern, with the higher item taking precedence over a lower item: Contract (including Supplemental Agreements and Change Orders thereto) Addenda Instructions to Bidders Bid General Conditions Specifications. QA/QC Plan Schedules on Drawings Notes on Drawings Details on Drawings Large Scale Drawings Small Scale Drawings Dimensions Given in Figures Scaled Dimensions In the event of any discrepancy between any Drawing and the figures written thereon, the figures, unless obviously incorrect, shall be taken as correct. When measurements are affected by conditions already established or where items are to be fitted into constructed conditions, it shall be the Contractor's responsibility to verify all such dimensions at the site and the actual job dimensions shall take precedence over scale and figure dimensions on the Drawings. Wherever a stock size of manufactured item or piece of equipment is specified by its nominal size, it shall be the responsibility of the Contractor to determine the actual space requirements for setting and for entrance to the setting space and to make all necessary allowances and adjustments therefor in his work without additional cost to the Owner. Any materially differing site condition as between what is shown on the Drawings and Specifications and actually found on site shall be immediately reported to the Engineer, in writing, prior to the commencement of Work at the site. Failure of the Contractor to notify the Engineer, in writing, of the differing site condition prior to performance of Work 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 5.7 5.8 5.9 5.10 5.11 5.12 6. 6.1 6.2 00700 - 13 General Conditions thereon and not less than six (6) corrected copies shall be furnished. All corrections and changes made on the drawings or data sheets other than those noted by the Engineer shall be clearly identified with a revision symbol and shall be suitably documented on the drawing with a brief description and date. When the drawings and data are returned marked "NO EXCEPTIONS TAKEN," fabrication and/or installation can begin and no additional copies need be furnished. No work shall be performed in connection with the fabrication or manufacture of materials and equipment, nor shall any accessory or appurtenance be purchased until the drawings and data therefor have been reviewed by the Engineer and returned marked "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED". A copy of each approved SHOP DRAWING and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER. The Engineer's review of drawings and data submitted by the Contractor will cover only general conformity to the Drawings and Specifications. external connections, and dimensions which affect the layout. The Engineer's review of drawings returned marked "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" does not indicate a thorough review of all dimensions, quantities. and details of the material, equipment, devices, or items shown and shall not in any way be deemed to relieve the Contractor from any responsibility for errors or deviations from the requirements of these Contract Documents or from full responsibility for complete and accurate performance of the work in conformance with these Contract Documents or from any liability placed upon him by any provisions of these Contract Documents. The schedule of submittals of engineering data and submittals of samples of materials or products, if required, shall be made by the Contractor in accordance with the requirements in the section entitled "Shop Drawings, Product Data and Samples" of these Specifications. MATERIALS. SERVICES, AND FACILlJIES It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified tin:e. Material and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 6.12 6.13 6.14 6.15 6.16 6.17 00700 - 15 General Conditions Materials, products, and equipment designated for permanent installation in the work shall be properly stored by the Contractor in a manner to ensure protection against deterioration of any type. These items shall be so placed as to cause a minimum of interference with the prosecution of the work and to the public. The method of storing shall be so as to facilitate inspection. Deterioration of any kind or to any degree shall be cause for rejection. Stored materials, even though meeting the requirements of these Contract Documents before being stored, shall be inspected prior to incorporation in the work and shall meet the requirements of these Contract Documents at the time of incorporation in the work. If material, products, or equipment stored by the Contractor and paid for under the terms of these Contract Documents is damaged or otherwise becomes unsuitable before its permanent incorporation into the work, the amounts paid the Contractor for the damaged material shall be deducted from the next progress payment. The Contractor shall be responsible for the condition of all materials, products, and equipment, which he has furnished and shall replace at his own expense all such material found to be defective or which has been damaged after delivery. This includes the replacement of material which is found to be defective at any time prior to expiration of the guarantee period. It is agreed that any temporary power lines, roadways, or other facilities which the Contractor furnishes, installs, maintains, and removes at the completion of the work may be used by the Owner or any of his contractors at such reasonable time or times as may be. directed by the Engineer. Likewise it is provided that similar facilities of other contracts will become available to the Contractor under similar conditions. Adequate sanitary facilities shall be provided by the Contractor. All such sanitary facilities shall conform to the requirements of the respective state and county departments of public health. The Contractor shall furnish office space for the Owner approved Contractor(s). Space shall be at least 300 sf in area and shall be located convenient to the work area and in a location acceptable to the Owner. Office shall be furnished with desks, drafting table, applicable chairs, drawing rack, instrument storage, photocopying machine, fax machine, telephone service for two lines, lights, heat, air conditioning, windows, and one door with cylinder lock all in accordance with the requirements in the Section entitled "Field Office" of these Specifications. Office space must be provided before the Contractor's first partial payment estimate will be approved. No separate payment shall be made for office space. The Contractor shall furnish six (6) hard hats which shall be made available to authorized representatives and agents of the Owner and any interested governmental agency while visiting the job site. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 8. 8.1 00700 - 17 General Conditions The field testing of materials shall be made by a competent laboratory or other person paid for by the Owner, one time only. The Contractor shall submit samples of materials for testing as required by the Engineer. The cost of all retests made necessary by the failure of materials to conform to the requirements of these Contract Documents shall be paid by the Contractor. The testing of equipment and products shall be performed as provided in the Specifications and OAlOC Plan. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be approved by the Owner. The cost of all inspection and testing of all materials and equipment for determination of source, suitability, applicability, all certified mill tests, etc., shall be included in the contract price for supplying the applicable materials and equipment as no separate payment will be made for these services. Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with Specifications, OAlOC Plan, and suitability for uses intended. Where mill tests of materials are found by the Engineer to be acceptable, the Contractor shall furnish certified copies of such mill tests. The cost of furnishing such certified copies shall be borne by the Contractor, with no separate payment allowed. Where shop equipment performance tests are specified, the Engineer shall be permitted to witness such tests. In the absence of a witnessed test, certified copies of shop tests shall be submitted to the Engineer. No payment will be made to the Contractor for samples taken for tests such as concrete cylinders, HDPE liner, soils samples, etc. Should any disagreement or difference arise as to the estimate, quantities or classifications or as to the meaning of the Drawings or Specifications, or any point concerning the character, acceptability, and nature of the several kinds of work, any materials and construction thereof, the decision of the Engineer shall be final and conclusive and binding upon all parties to the Contact. SUBSTITUTIONS Whenever a material, product, article, or piece of equipment is specified or described in these Contract Documents by using the name of a proprietary product or the name of a particular manufacturer or vendor and catalog number, it is understood and agreed that the specific item is named for the purpose of establishing the type, function, dimension, appearance, quality, durability, performance, or other salient requirements and that other materials, products, articles, or pieces of equipment of 01/26/07 2302-005\XA00700 ~ I I I I I I I I I I I I I I I I I I I 10. 10.1 10.2 11. 11,1 11.2 00700 - 19 General Conditions of any patents involved in the work and in case of an award of damages the Contractor shall pay such award. SURVEYS, PERMITS, REGULATIONS The OWNER shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the WORK together with a suitable number of bench marks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. From the information provided by the OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations, and other working points, lines, elevations, and cut sheets. Permits, licenses, and easements of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNER unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK. PROTECTION OF WORK. PROPERTY. AND PERSONS The CONTRACTOR will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the WORK. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury, or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or 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, and utilities not designed for removal, relocation, or replacement in the course of construction. The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction. He will erect and maintain as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the WORK may affect them. The CONTRACTOR will remedy all damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I 01 I I I I I 00700 - 21 General Conditions Engineer. At the completion of the work, all such drains and drainage systems shall be removed and the premises returned to a neat and clean condition. 11 .8 Fire hydrants on or adjacent to the work shall be kept accessible to the firefighting apparatus at all times, and no material or obstruction shall be placed within 10 feet of any hydrant. Adjacent premises must be given access, as far as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted. 11 .9 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of federal, state, and local safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall comply with the Department of Labor's Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). Copies of these regulations may be obtained from the U. S. Government Printing Office, 275 Peachtree Street, N.E., Atlanta, Georgia 30303. 11.10 The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards, including sufficient lights and danger signals on or near the work; he shall erect suitable railings, barricades, covers, or other protective devices about unfinished work, open trenches, holes, embankments, or other hazards and obstructions where hazards to workmen or the public exist. The Contractor shall provide at all times all necessary watchmen on the project for the safety of employees, delivery personnel, and the general public and to diligently guard and protect all work and materials, including Owner-furnished equipment. Construction equipment shall be suitably nightmarked and lighted as necessary for safety considerations. No separate payment will be made for providing lights on vehicles and equipment, signs, barricades, lights, flags, watchmen, and other protective devices, and the costs thereof shall be included in the contract price(s). 11.11 The Contractor shall comply with all applicable provisions of the "Manual of Accident Prevention in Construction" issued by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all cases of death and all cases of occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on the work under these Contract Documents. The Contractor shall be solely responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods and for any damage which may result from their failure or their improper construction, maintenance, or operation. 11 .12 The Contractor shall conduct his operations in a manner that will offer the least possible obstruction and inconvenience to the public, and he shall not have under 01/26/07 2302-005\XA00700 I I I I I I I I I~ I I I I I I I I I I 00700 - 23 General Conditions 11.16 Whenever, in the opinion of the Owner, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be constructed under these Contract Documents or of adjacent structures or property, and whenever, in the opinion of the Owner, an emergency has arisen and immediate action is considered necessary, then the Owner, with or without notice to the Contractor, may provide suitable protection by causing work to be done and material to be furnished and placed. The cost of such work and material shall be borne by the Contractor, and if the same is not paid on presentation of the bills thereof, such costs may be deducted from any amounts due or to become due the Contractor. The performance of such emergency work shall not relieve the Contractor of responsibility for any damage which may occur, 12. SUPERVISION BY CONTRACTOR 12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The CONTRACTOR will employ and maintain on the WORK a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR's representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the WORK. 12.2 The Contractor shall supervise and direct the work efficiently using the best skill and attention and shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor will be responsible to see that the finished work complies accurately with the Contract Documents. 12.3 The Engineer shall have the right to reject or demand replacement of such superintendent at any time, with or without cause, solely at the Engineer's discretion, based upon objective or subjective reasons, which reasons the Engineer may, but is not required to, disclose to the Contractor. 13. CHANGES IN THE WORK 13.1 The OWNER may at any time, as the need arises, order changes within the scope of the WORK without invalidating the Agreement. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time required for performance of the WORK, an equitable adjustment shall be authorized by CHANGE ORDER. 13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make changes in the details of the WORK. The CONTRACTOR shall proceed with 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I, I I I I I 13.8 13.9 13.10 13.11 14. 14.1 00700 - 25 General Conditions All Change Orders, including a change in technical design or an increase in cost, must be approved by the Owner, the Engineer, and those governmental agencies whose approval is required. Should the Contractor encounter, or the Owner discover, during the progress of the Work, subsurface or latent conditions at the site materially differing from those shown. on the Drawings or indicated in the Specifications, or unknown conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Drawings and Specifications, the Owner shall immediately be notified in writing of such conditions before they are disturbed. The Owner will thereupon promptly investigate the conditions. If the Owner finds that conditions do so materially differ, or are of an unusual nature, and upon written request of the Contractor, an equitable adjustment will be authorized by Change Order. If the Contractor does not immediately notify the Owner in writing of the belief that a field order, additional work by other contractors or the Owner, or subsurface, latent or unusual unknown conditions entitles. the Contractor to a Change Order, no consideration for time or money will be given the Contractor. The Owner may, with the Contractor's concurrence, elect to postpone the issuance of a Change Order until such time that a single Change Order of substantial importance can be issued incorporating several changes. In such cases, the Owner will indicate this intent for each change in the Contract in a written response to the Contractor's request for a change, following agreement by the Owner and Contractor on the change's scope, price and time. CHANGES IN CONTRACT PRICE The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of any WORK covered by a CHANGE ORDER or of any claim for increase or decrease in the CONTRACT PRICE shall be determined by one or more of the following methods in the order of precedence listed below: (1) Method A UNIT PRICES contained in the CONTRACTOR's Proposal for the same type or class or WORK. (2) Method B By an acceptable UNIT PRICE proposal from the CONTRACTOR. (3) Method C By an acceptable LUMP SUM PRICE proposal from the CONTRACTOR. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 14.6 14.7 14.8 15. 15.1 15.2 15.3 00700 - 27 General Conditions the premiums therefore are based on payroll cost, on Public Liability and Property Damage Insurance, Workmen's Compensation Insurance, and Occupational Disease Disability Insurance, Builder's Risk, and other insurance required by the CONTRACT. (7) No repairs, replacements or other forms of overhead expense shall be included in "ACTUAL FIELD COSTS". The ENGINEER may direct the form in which the accounts of the ACTUAL FIELD . COSTS shall be kept and may also specify in writing, before the WORK commences, the method of doing the WORK and the type and kind of machinery and equipment, if required, which shall be used in the performance of any CHANGED or EXTRA WORK under Method "D". In the event that machinery and heavy construction equipment are required for such CHANGED or EXTRA WORK, the authorization and basis of payment for the use thereof shall be stipulated in the CHANGE ORDER. The 15 percent of the "ACTUAL FIELD COST" to be paid to the CONTRACTOR shall cover and be full compensation for the CONTRACTOR'S profits, overhead, general superintendence, and field office expense, and all other elements of cost not embraced within the "ACTUAL FIELD COST" as herein defined. In determining the amount payable to the CONTRACTOR an additional 5 percent may be added to the amount payable to a SUBCONTRACTOR, but no "pyramiding" or additional percentage will be authorized for any WORK done by SUBCONTRACTORS. When compensation for extra work is provided under paragraph 14.1 above, the Contractor's representative and the Engineer shall compare records of extra work done at the end of each day. Such records shall be made in duplicate upon a form provided for such purpose by the Engineer and shall be signed by both representatives referred to herein, one copy being submitted to the Engineer and the other being retained by the Contractor. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The date of beginning and the time for completion of the WORK are essential conditions of the CONTRACT DOCUMENTS and the WORK embraced shall be commenced on a date specified in the NOTICE TO PROCEED. The CONTRACTOR will proceed with the WORK at such a rate of progress to insure full completion within the CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the CONTRACT TIME for the completion of the WORK described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK. If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount for liquidated damages as specified in the BID for each calendar 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 00700 - 29 General Conditions 15.8 Provided, however, the CONTRACTOR shall notify the OWNER through the ENGINEER of the alleged cause of such delay as hereinbefore required. The OWNER shall ascertain the facts and the extent of the delay with the assistance of the ENGINEER. 15.9 , The number of days used in determining the amount of liquidated damages to be paid by the Contractor for delay in completing the work shall be determined by subtracting the contract time and any time extensions thereof from the time actually required for the completion of the work. The time actually required for the completion of the work is defined as the total number of calendar days from the date of the Notice to Proceed to the date of substantial completion. 15.10 This provision for liquidated damages shall be effective between the parties ipso facto without necessity for demand or putting in default by any notice or other means than by the terms of these Contract Documents, the Contractor hereby waiving any such other notice of default and acknowledging that the Contractor shall be deemed to be in default by the mere act of his failure to complete the work within the contract time, or within any valid extension of such time hereunder. 15.11 It is understood and agreed that these liquidated damages are not a penalty, but constitute liquidated damages for loss to the Owner because of increases in expenses for administration, legal counsel, accounting, engineering and construction supervision, and inspection and any other expenses incurred directly as a result of the delay of the Contractor in completing the work. II 16. CORRECTION OF WORK 16.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGINEER for failure to comply with the CONTRACT DOCUMENTS, whether incorporated in the construction or not, and the CONTRACTOR shall promptly replace and reexecute the WORK in accordance with the CONTRACT DOCUMENTS and without expense to the OWNER and shall bear the expense of making good all WORK of other . CONTRACTORS destroyed or damaged by such removal or replacement. 16.2 All removal and replacement WORK shall be done at the CONTRACTOR's expense. If the CONTRACTOR does not take action to remove such rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER may remove such WORK and store the materials at the expense of the CONTRACTOR. 16.3 If, in the opinion of the Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I @ 18.5 18.6 18.7 18.8 18.9 00700 - 31 General Conditions OWNER due to the CONTRACTOR will not release the CONTRACTOR from compliance with the CONTRACT DOCUMENTS. After ten (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the CONTRACT. In such case, the CONTRACTOR shall be paid for all WORK executed plus reasonable profit. If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of the OWNER or ENGINEER to act within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNER or ENGINEER. The Contractor shall not suspend the work and shall not remove any equipment, tools, supplies, materials, or other items without the written permission of the Owner or Engineer. The Owner shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather; such other conditions as are considered unfavorable for the suitable prosecution of the work; or due to the failure on the part of the Contractor to carry out orders given, prosecute the work satisfactorily and in a workmanlike manner, or to perform any obligations or requirements of these Contract Documents. The Contractor shall immediately comply with the written order of the Owner to suspend the work wholly or in part. The suspended work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Owner. In the event that a suspension of the work is ordered by the Owner, the Contractor shall at his expense do all the work necessary to secure the work and the area affected by the work and to protect all previously completed work as specified herein or as directed by the Owner. The suspension of the work by the Owner shall not relieve the Contractor of any duties, obligations, or responsibilities set forth in these Contract Documents. In the event the Contractor fails to secure and protect the work and area as specified or as ordered, the Owner and/or Engineer will perform, or cause to be performed, all work considered necessary by the Engineer and the cost thereof will be deducted from moneys due or to become due the Contractor under the terms of these Contract Documents. During unfavorable weather, wet ground, or other unsuitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would adversely affect the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 19,6 19.7 19.8 19.9 19.10 00700 - 33 General Conditions within thirty (30) days of completion and acceptance of the WORK. The CONTRACTOR will indemnify and save the OWNER or the OWNER's agents harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the WORK. The CONTRACTOR shall, at the OWNER's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the OWNER shall be considered as a payment made under the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. No separate payment will be made for any items specified in the General Conditions. Payments for such items shall be included in the unit price and lump sum prices bid by the Contractor for items listed in the Bid Schedule. The Contractor shall accept compensation provided in these Contract Documents as full payment for furnishing all labor, materials, supplies, tools, equipment, taxes, fees, employee benefits, incidentals, service, transportation, risk, contingencies, and other items necessary or convenient to the completed work and for performing all work contemplated and embraced in these Contract Documents; for loss or damage arising from the nature of the work, from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the Owner; for all risks of every description connected with the prosecution of the work; for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in these Contract Documents; and for completing the work in accordance with these Contract Documents. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any o,bligation to make good any defective work or material or of any provisions of these Contract Documents. No compensation will be made in any case for loss of anticipated profits. The basis of payment shall be the contract unit prices and/or contract lump sum price(s) named in these Contract Documents. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 19.18 19.19 20. 20.1 21. 21.1 00700 - 35 General Conditions together with a certification stating that the work is complete and in substantial conformance with these Contract Documents. The entire balance found to be due the Contractor, including retained percentages, but except such sums as may be retained under any provisions of these Contract Documents, will be paid to the Contractor. Final payment to the Contractor by the Owner shall not serve to release the Contractor or his sureties from their obligations or responsibilities under or in connection with these Contract Documents. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with the work under these Contract Documents and for every act and neglect of the Owner and others relating to or arising out of this work. ACCEPTANCE OF FINAL PAYMENT AS RELEASE The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the OWNER and others relating to or arising out of this WORK. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the CONTRACT DOCUMENTS or the Performance BOND and Payment BONDS. INSURANCE The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR's execution of the WORK, whether such execution be by himself or by any other SUBCONTRACTOR or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 21.1.1 Claims under workman's compensation, disability benefit, and other similar employee benefit acts; 21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees; 21.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees; 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I II u 21.5 21.6 21.7 21.8 21.9 21.10 00700 - 37 General Conditions occupational disease provIsIons for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this CONTRACT at the site of the PROJECT is not protected under WORKMEN'S Compensation statute, the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of his employees not otherwise protected. The CONTRACTOR shall secure, if applicable, "All Risk" type .Builder's Risk Insurance for WORK to be performed. Unless specifically authorized by the OWNER, the amount of such insurance shall not be less than the CONTRACT PRICE totaled in the BID. The policy shall cover not less than the losses due to fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is accepted by the OWNER. The policy shall name as the insured the CONTRACTOR, the ENGINEER, and the OWNER. Each insurance policy shall be renewed 30 days before the expiration date thereof. Insurance policies must be carried by a recognized insurance company licensed to do business in the state in which the project is constructed and approved by the Owner's Attorney. The Contractor's and his subcontractor's public liability and property damage insurance shall provide protection in the amounts specified in Paragraph 21.3.1 of the General Conditions against the following special hazards: 1. Damage by blasting; 2. Damage to existing structures; 3. Damage to private driveways, walks, shrubbery, plantings, etc.; 4. Damage to public utilities, electric, water, telephone, gas, sewerage, etc.; 5. Damage to US government markers. The insurance certificates themselves must contain the naming of the aforestated special hazards. The Contractor shall not commence work under this Contract until he has obtained all of the insurance required and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. In the event any insurance coverage should be canceled or allowed to lapse, the Contractor will not be permitted to work until adequate and satisfactory insurance is in effect. Failure to keep insurance policies in effect WILL NOT be cause for any claims for extension of time under this Contract. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 24. 24.1 24.2 24.3 24.4 25. 25.1 00700 - 39 General Conditions INDEMNIFICATION The CONTRACTOR shall indemnify and hold harmless the OWNER and the ENGINEER and their agents and employees from and against all claims, damages, losses, and expenses, including, but not limited to attorney's fees, arising out of or resulting from the performance of the WORK, provided that any such claims, damage, loss, or expense 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 in whole or in part by any negligent acts, willful act, or omissions of the CONTRACTOR, a SUBCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the OWNER or the ENGINEER, or any of their agents or employees, by any employees of the CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. It is understood and agreed that the Contractor shall be deemed and considered an independent contractor in respect to the work covered by these Contract Documents and shall assume all risks and responsibility for casualties of every description in connection with the work, except that he shall not be held liable or responsible for delays or damage to work caused by acts of God, acts of public enemy, quarantine restrictions, general strikes throughout the trade, or freight embargoes not caused or participated in by the Contractor. The Contractor shall have charge and control of the entire work until completion and final acceptance of the work by the Owner. The Contractor shall require his insurance carrier to add the Owner, the Engineer and their agents as additional insured under the Contractor's general liability insurance policy with respect to the services performed by the contractor for the Owner. SEPARATE CONTRACTS The OWNER reserves the right to let other CONTRACTS in connection with this PROJECT. The CONTRACTOR shall afford other CONTRACTORS reasonable , opportunity for the introduction and storage of their materials and the execution of their WORK, and shall properly connect and coordinate his WORK with theirs. If the proper execution or results of any part of the CONTRACTOR'S WORK depends upon the WORK of any other CONTRACTOR, the CONTRACTOR shall inspect and promptly report to the ENGINEER any defects in such WORK that render it unsuitable for such proper execution and results. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 26.10 26.11 26.12 27. 27.1 27.2 27.3 00700 - 41 General Conditions agreed that all subcontracts and approvals of subcontractors shall be based upon the requisite of performance by the subcontractor in accordance with these Contract Documents; and should any subcontractor fail to perform his work to the satisfaction of the Engineer, the Owner shall have the absolute right to rescind his approval at once and to require the performance of such work by the Contractor or entirely or in part through other approved subcontractors. The Contractor shall submit a list of the names and addresses of proposed subcontractors, together with the type of work to be provided, with his bid. The Contractor will not be allowed to make changes in the list without the Owner's approval. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of these Contract Documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of these Contract Documents. The Contractor shall inspect all work performed by subcontractors for compliance with these Contract Documents. / ENGINEER'S AUTHORITY The ENGINEER shall act as the OWNER's representative during the construction period. He shall decide questions which may arise as to quality and acceptability of materials furnished and WORK performed. He shall interpret the intent of the CONTRACT DOCUMENTS in a fair and unbiased manner. The ENGINEER may make visits to the site and determine if the WORK is proceeding in accordance with the CONTRACT DOCUMENTS. The CONTRACTOR shall perform all of the WORK herein specified under the general direction, and to the entire satisfaction, approval, and acceptance of the Eng~neer. The Engineer shall decide all questions relating to measurements of quantities, the character of the WORK performed and as to whether the rate of progress is such that the WORK will be completed within the time limit of the Contract. All questions as to the meaning of these Specifications will be decided by the Engineer. The approval of the Engineer of any materials, plants, equipment, Drawings, or of any other items executed, or proposed by the Contractor, shall be construed only to constitute an approval of general design. Such approval shall not relieve the Contractor from the performance of the WORK in accordance with the Contract Documents, or from any duty, obligations, performance guarantee, or other liability imposed upon him by the provisions of the Contract. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 28.2 28.3 28.4 29. 29.1 30. 30.1 30.2 00700 - 43 General Conditions rights-of-way necessary for carrying out and for the completion of the WORK to be performed pursuant to the CONTRACT DOCUMENTS, unless otherwise mutually agreed. The OWNER shall provide to the CONTRACTOR information which delineates and describes the lands owned and rights-of-way acquired. The CONTRACTOR shall provide at his own expense and without liability to the OWNER any additional land and access thereto that the CONTRACTOR may desire for temporary construction facilities, or for storage of materials. In the event all land and rights-of-way have been obtained as herein contemplated before construction begins, the Contractor shall begin the work upon such land and rights-of-way as the owner may have previously acquired, and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining land and rights-of-way. Should the Owner be prevented or enjoined from proceeding with the work, or from authorizing its prosecution, either before or after the commencement, by reason of any litigation, or by reason of its inability to procure any lands or rights-of- way for the work, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay, or to withdraw from the Contract except by consent of the Owner; but time for completion of the work will be extended to such time as the Owner determines will compensate for the time lost by such delay, such determination to be set forth in writing. WARRANTY The CONTRACTOR shall warrant all materials and equipment furnished and WORK performed for a period of one (1) year from the date of FINAL ACCEPTANCE BY OWNER. The CONTRACTOR warrants for a period of one (1) year the completed system is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The OWNER will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may be made necessary by such defects, the owner may do so and charge the CONTRACTOR the cost thereby incurred. The PERFORMANCE BOND shall remain in full force and effect through the warranty period. TAXES. PERMITS AND LICENSES The CONTRACTOR will pay all sales, consumer, use, and other similar taxes required by the law of the place where the WORK is performed. The Contractor shall pay all applicable taxes levied by federal, state, and local governments and obtain all permits on any part of the work as required by law in 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 34. 34.1 35. 35.1 35.2 35.3 00700 - 45 General Conditions USE OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) To take every precaution against injuries to persons or damage to property; (b) To store his apparatus, materials, supplies, and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors; (c) To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) To clean up frequently all refuse, rubbish, scrap materials, and debris caused by this operation, to the end that at all times the site of the work shall present a neat, orderly, and workmanlike appearance; (e) Before final payment, to remove all surplus material, false work, temporary structures, including foundations thereof, plant of any description, and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; (f) To effect all cutting, fitting, or patching of his work required to make the same conform to the Drawings and Specifications and, except with the consent of the Engineer, not to cut or otherwise alter the work of any other contractor. ESTIMATE OF QUANTITIES When the Bid Proposal Form contains the provision for receiving bids based on unit prices for various items comprising the complete work, the quantities indicated are approximate only, being given as a basis for comparison of bids. The Owner does not, expressly or by implication, agree that the actual quantity of the items will correspond with the estimated quantity shown in the Bid Proposal Form, and reserves the right to increase or decrease the amount of any item or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the Engineer. When the Bid Proposal Form contains the provision for receiving bids based on a lump sum price, the Contractor shall be held responsible for having prepared his own estimate of the quantities necessary for the satisfactory completion of the work specified in these Contract Documents and for having based the lump sum price bid on his estimate of quantities. It is understood and agreed that the Contractor shall be held responsible for the inclusion of the cost of all incidental items of work necessary or convenient for the 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 38. 38.1 38.2 39. 39.1 40. 40.1 41. 41.1 00700 - 47 General Conditions each payment to the Contractor, the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent of each subcontractor's interest therein. WAIVER It is expressly understood and agreed that any waiver granted by the Engineer or tVe Owner of any term, provision, or covenant of this Contract shall not constitute a precedent nor breach of the same or any other terms, provisions, or covenants of this Contract. Neither the acceptance of the work by the Owner nor the payment of all or any part of the sum due the Contractor hereunder shall constitute a waiver by the Owner of any claim which the Owner may have against the Contractor or surety under this Contract or otherwise. CHEMICALS All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant, or of other classification, must show approval of either EPA or USDA. Use of all chemicals and disposal of residues shall strictly conform with the manufacturer's instructions. CONNECTING OF EXISTING WORK The Contractor shall remove such existing masonry and piping as is necessary in order to make the proper connections to these structures at the locations shown. Also, he shall make the necessary pipeline, roadway, and other connections at several points in order that on completion of the Contract, all required flows may flow through the several pipelines and structures. No extra payment shall be made for this work, but the entire cost of the same shall be included in the price bid for the various items of the work to be done under this Contract. PROGRAM AND METHOD OF CONSTRUCTION The order or sequence of execution of the work, the methods of construction, the general conduct of the work, and the general arrangements of the construction plant to be installed shall at all times be subject to the approval and direction of the Engineer. If at any time before the commencement or during the progress of the work, or any part of it, such methods, features, and appliances used or to be used appear to the Engineer as unsafe, insufficient, or improper, he may order the Contractor to increase their safety or efficiency or to improve their character, and the Contractor shall conform to such orders, but the failure of the Engineer to demand any increase of such safety, efficiency, adequacy, or any improvement shall not release the Contractor from his obligation to secure the safe conduct and quality of the work specified. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 45. 45.1 45.2 45.3 45.4 45.5 46. 46.1 00700 - 49 General Conditions USE OF STREETS During the progress of the work, the Contractor shall make ample provision for both vehicular and foot traffic on any public road and shall indemnify and save harmless the Owner from any expense whatsoever due to his operations over said roadways. The Contractor shall also provide free access to all fire hydrants and water and gas valves located along the line of his work. Gutters and waterways must be kept open or other provisions made for the removal of storm water. Street intersections may be blocked only one half at a time, and the Contractor shall lay and maintain temporary driveways, bridges, and crossings such as in the opinion of the Engineer are necessary to reasonably accommodate the public and to provide access to needed private driveways. In the event of the Contractor's failure to comply with these provisions, the Owner may cause the same to be done and will deduct the cost of such work from any money due or to become due the Contractor under this Contract, but the performance of such work by the Owner or at its insistence shall serve in nowise to release the Contractor from his general or particular liability for the safety of the public or the work. / Required line crossings of all streets and roads shall be done in accordance with the applicable state Department of Transportation procedures. The Contractor will be permitted to close a street when necessary for the proper prosecution of the work. The Contractor shall keep the Police and Fire Departments continuously informed as to his intentions to close streets and give the Police Department sufficient notice in order that "No Parking" signs may be placed at the proper time to clear the street for construction. The Contractor shall maintain proper barricades and flagmen to detour traffic. At all times, the Contractor is responsible for damage to City and County streets as a result of their use in this project. The streets must be kept clear of all dirt, stone, or other debris. All debris, dirt, etc., whether cause by rains storms, spillage from trucks or otherwise, shall be kept out of sewers. The Contractor is responsible for and may not plead ignorance of City and County ordinances and amendments hereto that may affect the use of streets sewers. ACCESS BY REPRESENTATIVES OF GOVERNMENTAL AGENCIES The authorized representatives and agents of all governmental agencies involved in this project shall have access to the work at all times and shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Contractor shall provide proper facilities for the access and inspection of the work by such persons. 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 52.3 52.4 52.5 52.6 52.7 00700 - 51 General Conditions Utility facilities, such as water mains, gas mains, storm sewers, sanitary sewers, telephone lines, power lines, and buried facilities and structures in the vicinity of the work are indicated on the drawings only to the extent such information has been made available to or discovered by the Engineer during the course of preparing the Drawings. The actual locations of the utility facilities may vary from the locations shown and there may be utility facilities existing that are not indicated on the Drawings. It is understood and agreed that there is no guarantee as to the accuracy or completeness of the utility information indicated on the Drawings and all responsibility for the accuracy or completeness thereof is expressly disclaimed. Generally, service connections are not indicated on the Drawings. The Contractor shall be solely responsible for locating all existing underground facilities, including service connections, in advance of excavating, trenching, or other work, by contacting the owners of the facilities or prospecting. The Contractor shall use his own information and shall not rely upon any information shown on the Drawings concerning utility facilities. In the event of accidental damage to or disruption of utilities by the Contractor or any of his subcontractors or agents, the Contractor shall immediately take all necessary steps to replace any pieces of damaged equipment and all damaged materials, make all necessary repairs, and restore all services to normal. The Contractor shall engage any and all required additional labor, individuals, subcontractors, or other outside services which may be deemed necessary to operate on a continuous "around-the- clock" basis until services are restored. He shall also provide and install all required equipment and materials to maintain temporary emergency services for uninterrupted use of facilities. All costs involved in making the repairs and restoring the disrupted service to normal shall be borne by the Contractor responsible for any and all damage claims resulting from such disruption. Under no circumstances shall the Contractor or any of his subcontractor or agents disrupt or disconnect any type of facility whatsoever without first obtaining the written permission of the utility owner to do so. Request for disruption or disconnection shall state: 1. The location of the required disconnect and which utility is concerned. 2. The exact date and time at which the disconnect will be required. 3. The duration of the proposed disconnect or interruption. Where it is necessary to temporarily interrupt services, the Contractor shall notify the utility owner, both before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables, the Contractor shall obtain permission from the owners thereof, or shall make suitable arrangements for their disconnection by the owners. Where it is necessary to temporarily interrupt house services, the Contractor shall notify the house owner or occupant, both before the interruption and again immediately before service is resumed. Should underground 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I 00700 - 53 General Conditions B. Construction shall be stopped immediately in the area in question and will be diverted to other areas so as to provide for minimal delays in construction. C. If the site is determined to be significant, the Engineer and Contractor shall cooperate with the archaeologist(s) so that salvage archaeology may be arranged and carried out expediently. The Contractor shall not be held responsible for unreasonable delays associated with salvage archaeology operations. END OF SECTION 01/26/07 2302-005\XA00700 I I I I I I I I I I I I I I I I I I I Section 00800 Supplemental General Conditions O. GENERAL 0.1 SUPPLEMENTS: The supplements contained in these Supplemental General Conditions modify, change, delete from, or add to the General Conditions of these contract Documents. Where any article of the General Conditions is modified or any paragraph, subparagraph, or clause thereof is modified or any paragraph, subparagraph, or clause thereof is modified by these supplements, the unaltered provisions of that article, paragraph, subparagraph, or clause shall remain in effect. 1.0 INSURANCE (Refers to Article 21, General Conditions) Contractor shall submit to the Engineer and Owner the following: 1.1 A Certificate of Insurance certifying that the contractor's insurance includes coverage for the following: a. The Contractor shall be responsible from the time of signing the contract, or from the time of the beginning of the first work, whichever shall be earlier, for all injury or damage of any kind resulting from this work, to person or property. The Contractor shall exonerate, indemnify and save harmless the OWNER and the Engineer from and against all claims or actions, and all expenses incidental to the defense arising out of damage or injury (including death) to persons or property caused by or sustained in connection with the perfor- mance of this contract or by conditions created thereby or arising out of or in any way connected with work performed under this contract and shall assume and pay for, without cost to the OWNER or the Engineer, the defense of any and all claims, litigation and actions suffered through any act or omission of the Contractor or anyone directly or indirectly employed under the supervision of any of them. 1.2 A Certificate of Insurance showing coverage by insurance carriers licensed and doing business in Georgia and acceptable to the OWNER for the following: a. Statutory Workmen's Compensation Insurance. b. Comprehensive Liability Insurance covering all operations and automobiles (i) with limits of $1,000,000 per occurrence $3,000,000 General Aggregate Bodily Injury inclusive of protection against bodily injury due to excavation, shoring, underpinning and blasting, to the extent to which such risks are present, and (ii) with limit of $1,000,000 per occurrence Property Damage, inclusive of protection against damage due to excavation, shoring, underpinning and blasting, to the extent to which such risks are present. c. Protective coverage for any subcontractor's operations. 01/26/07 2302-005\XA00800 I I I I I I I I I I I I I I I I I I I 00800 - 3 Supplemental General Conditions Insurance, and the participant in the State of Georgia Insurance and Solvency Pool, and meet the following additional criteria: (1) A company with a rating in the A.M. Best Companies' most recent publishing rating of "A++ or A+: Class IV or Larger". (2) A company with a rating in A.M. Best Companies' most recent publishing rating of "A: Class V or Larger". (3) A company with a rating in A.M. Best Companies' most recent publishing rating of "A-: Class X or Larger". (4) A company which can furnish an assumption certificate or cut through clause in a statement of coverage under which payment is guaranteed 1 00% to third-party claimants by a reinsurer with a rating in A.M. Best Companies' most recent published rating of "A or A+: Class V or Larger". (5) In lieu of the A.M. Best Company Rating, insurers rated AAA, AA+, AA, AA- by Standard & Poors Insurance Rating Services will also be acceptable. b. If surety does not meet any of the above qualifying criteria, the OWNER, in its sole discretion, shall evaluate any such surety, upon receiving from the company the following information, plus any other information it deems relevant: (1) Copy of a certified financial audit for the insurer's most recent fiscal year, performed by a nationally or regionally recognized accounting firm, giving the company a clean opinion. (2) Copy of a report for the insurer's most recent fiscal year from an independent, certified actuary verifying recommended and approved loss reserves, premium structures (not less than 85% approved by the Georgia Department of Insurance for insurance writing bid bonds, payment bonds and performance bonds within Georgia), and appropriate funding. (3) Proof of excess insurance and reinsurance from a carrier with a rating in A.M. Best Companies' most recent rating of "A+ or A: Class V or Larger" in an amount sufficient to cover the bid, payment or performance bond required by the OWNER. (4) Proof that the company has be~n admitted in Georgia. 01/26/07 2302-005\XA00800 I I I I I I I I I I I I I I I I I I I 00800 - 5 Supplemental General Conditions parts, work in progress, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of the work terminated by the Notice of Termination, and (ii) the completed or partially completed plans, drawings, information, and other property which, if the contract had been completed, would have been required to be furnished to the OWNER; g. Use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices that the OWNER directs or authorizes, and property of the types referred to in Article 2.3.f., but the Contractor (i) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed and at a price or prices approved by the OWNER. The proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the OWNER to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the OWNER may direct; h. Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and, Take such action as may be necessary, or as the OWNER may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the OWNER has or may acquire an interest; 2.4 After receipt of a Notice of Termination, the Contractor shall submit to the OWNER his termination claim in the form and with the certification the OWNER prescribes. Such claims shall be submitted promptly but in no event later than ninety (90) days from the effective date of termination, unless one or more extensions in writing are granted by the OWNER upon request of the Contractor made in writing within such ninety-day (90) period or authorized extension. However, if the OWNER determines that the facts justify such action, it may receive and act upon any such termination claim at any time after such ninety-day (90) period or extension. If the Contractor fails to submit his termination claim within the time allowed, the OWNER may determine, on the basis of information available to it, the amount, if any, due to the Contractor because of the termination. The OWNER shall then pay to the Contractor the amount so determined and the Contractor shall have no further claim against the OWNER; 2.5 Subject to the provisions of Article 2.4, the Contractor and the OWNER may agree upon the whole or any part of the amount or amount to be paid to the Contractor because of the total or partial termination of work under Article 2.4. The amount or amounts may include a reasonable allowance for profit on work done. However, such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract sum as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be 01/26/07 2302-005\XA00800 I I I I I I I I I I I I I I I I I I I 00800 - 7 Supplemental General Conditions 2.7 The Contractor shall have the right to make claim from any determination the OWNER makes under Articles 2.4 or 2.6. But if the Contractor has failed to submit his claim within the time provided in Article 2.4 and has failed to request extension of such time, he shall have no such right of appeal In any case where the OWNER has determined the amount due under Articles 2.4 or 2.6, the OWNER shall pay to the Contractor the following: (1) the amount so determined by the OWNER or (2) if an adverse proceeding is initiated, the amount finally determined in such proceeding; 2.8 In arriving at the amount due the Contractor under Article 2.6, there shall be deducted (1) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the termination portion of this contract, (2) any claim which the OWNER may have against the Contractor in connection with this contract, and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things kept by the Contractor or sold under the provisions of Article 2.6 and not otherwise recovered by or credited to the OWNER; 2.9 If the termination hereunder be partial, before the settlement of the termination portion of this contract, the Contractor may file with the OWNER a request in writing for an equitable adjustment of the price or prices specified in the contract related to the continued portion of the contract (the portion not terminated by the Notice of Termination). Such equitable adjustment as may be agreed upon shall be made in the price or prices. Nothing contained herein shall limit the right of the OWNER and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when the contract does not contain an established contract price for the continued portion. 2.10 Upon written notice from the OWNER, the Contractor agrees to cure any structural defect caused by the Contractor in the project or remedy any departure from the plans and specifications not approved by change order within twenty (20) days of receipt of such notice unless extended by OWNER in writing. 2.11 Upon written notice from the OWNER, the Contractor agrees to bond-off under the provisions of applicable law any lien or claim of lien filed of record against the project by any of the Contractor's laborers, materialmen, subcontractors, suppliers, or others performing work or furnishing labor or material under the contract, and any said lien or claim of lien shall be bonded off within thirty (30) days of notice to the Contractor from the OWNER. 3.0 DISPUTES (Refers to Article 31 of General Conditions) 3.1 Any claims, interpretations, or litigation arising in regard to this contract or in regard to the performance on the work contemplated under the terms of this contract shall be heard and determined by the presiding Judge of the Superior Court of Richmond County. The Contractor and the Surety do hereby specifically consent, submit and agree to said court having jurisdiction over the Contractor, the Surety, and the terms . 01/26/07 2302-005\XA00800 I I I I I I I I I I I' I I I I I I I I 00800 - 9 Supplemental General Conditions 4.4 The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time called for in the Contract Documents. It is expressly understood and agreed that the Contractor has considered all contingencies and factors affecting his ability to perform all the work within this time, including among others, delays caused by bad weather (as detailed in 4.5 below) and other possible delays, and after consideration of these factors, he had made an allowance for such factors before agreeing to completion date specified in the Contract Documents, and does further agree that all things considered, such completion date is a reasonable time for completion of all Work to be performed hereunder, without the need for any extension of time. 4.5 Completion time will not be extended for normal bad weather. The time for completion as stated in the Contract Documents includes due allowance for calendar days on which work cannot be performed out-of-doors. For the purpose of this Contract, the Contractor agrees that he may expect to lose a TOTAL number of calendar days between the "start-of-work date" and functional completion date due to weather in accordance with the following table which is the average from three local area weather stations over the same period of time. This is the same source of data used to determine normal weather losses. Jan 10 days Feb 9 days Mar 9 days April 8 days May 10 days June 8 days July 11 days Aug 9 days Sept 7 days Oct 6days Nov 7days Dec 8days Also, the Contractor agrees that a "day lost to weather" for the period covered by this contract is defined as a calendar day in which either: A. Precipitation exceeded 0.10 inch OR B. the average temperature failed to exceed 40 degrees F., unless the maximum temperature exceeded 50 degrees F. If the total accumulated (not on an individual month-by-month basis) number of calendar days (pro-rated for the "start-of-work date" month and/or the functional completion date per the table above as may be applicable to reflect the actual dates of these occurrences) lost to weather from the "start-of-work date" to the functional completion date exceeds the TOTAL accumulated number to be expected for the same period from the table above, time for completion will be extended by the number of calendar days needed to include the excess number of calendar days lost. No reduction in Contract Time shall be imposed if the total days actually lost to weather are less than the TOTAL to have been expected for that same period. 01/26/07 2302-005\XA00800 I I I I I I I I I I I I I I I I I I I Section 01010 Summary of Work Part 1 General 1.01 Description A. The Work to be performed under this Contract shall consist of furnishing all labor, materials, tools, equipment and incidentals and performing all Work required for the construction of approximately 50,000 cubic yards of cut material and 5,000 cubic yards of structural fill; placement of a 24-inch thick liner base with permeability not to exceed 1 x 10-7 cm/sec, placement of a 24-inch thick leachate collection layer with a permeability no less than 1 x 10-2 cm/sec, and a 60 mil textured HDPE geomembrane liner over approximately 10 acres; the construction of 635 feet of concrete ditch; construction of the truck wash facility, cleaning of sediment basins B, C and E; improvements to Sediment Basin E, roadway paving, roadway re-surfacing, remove and replace guardrail, install new guardrail, installation of erosion control devices; installation of leachate collection piping; installation of leachate forcemain, remove and relocate existing leachate manholes and construction of perimeter ditches. B. All Work described above shall be performed as shown on the Drawings and as specified. 1.02 Project Location The equipment and materials to be furnished will be installed at the locations shown on the Drawings. 1.03 Quantities The Owner reserves the right to alter the quantities of work to be performed or to extend or shorten the improvements at any time when and as found necessary, and the Contractor shall perform the work as altered, increased or decreased. Payment for such increased or decreased quantity will be made in accordance. with the Instructions to Bidders. No allowance will be made for any change in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract and Bond. 1.04 Partial Owner Occupancy The existing facilities to which these improvements are being made will continue operation during the period of construction. END OF SECTION 02/22/07 2302-005\XA01 01 0 I I I I I I I I I I I I I I I I I I I Part' 1 1.01 1.02 1.03 1.04 Section 01011 Unique Requirements General Scope The scope of this Section is to convey to the Contractor unique and unusual stipulations and requirements which have been established for this Project. Some requirements are based on technical aspects of the Project which are not otherwise conveyed to the Contractor. The provisions of this Section shall supersede the provisions of the Division 1 through 17 Specifications but shall not supersede the Bidding Requirements, Contract Forms or Conditions of the Contract. Milestone Dates The Contractor shall be required to complete the following activities by the indicated date or days after the Notice to Proceed: Consecutive Calendar Days after Milestone Notice to Proceed liquidated Damages Per Calendar Day 90 Completion of Cell 2A $1,000 120 Final Completion of All Work $500 Submittals A. Sequence Submittal 1. Submit a proposed sequence in accordance with Section 01310 with appropriate times of starting and completion of tasks to Engineer for review. 2. The Contractor may propose alternatives to the sequencing constraints to that shown in this Section in an attempt to reduce the disruption of the operation of the existing facility or streamline the tasks of this Contract. The Owner and Engineer are not obligated to accept any of these alternatives. Existing Facility Operations A. The Contractor shall coordinate the work with the Owner so that the construction will not restrain or hinder the operation of the existing facilities. If, at any time, any portion of the facilities are out of service, the Contractor must obtain approval from the Owner as to the date, time and length of time that portion of the facilities are out of service. B. Connections to the existing facilities or alteration of existing facilities will be made at times when the facility involved is not in use or at times, established by the Owner, when the use of the facility can be conveniently interrupted for the period of time needed to make the connection or alteration. C. After having coordinated the work with the Owner, the Contractor shall prepare a submittal in accordance with Section 01310 to include the time, time limits and 02/22/07 2302-005\XA01011 I I I I I I I I I I I I I I I I I I I Section 01016 Occupancy Part 1 General 1.01 Partial Occupancy by Owner Whenever, in the opinion of the Engineer, any section or portion of the Work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said Work or structure, or any part thereof, or as a waiver of any of the provisions of these Specifications and the Contract. Pending final completion and acceptance of the Work, all necessary repairs and removals, due to defective materials or workmanship or to operations of the Contractor, of any section of the Work so put into use shall be performed by the Contractor at his own expense. END OF SECTION 01/26/07 2302-005\XA01016 I I I I I I I I I I I I I I I I I I I Section 01 025 Measurement and Payment Part 1 General 1.01 Scope A. The Bid lists each item of the Project for which payment will be made. No payment will be made for any items other than those listed in the Bid. B. Required items of work and incidentals necessary for the satisfactory completion of the work which are not specifically listed in the Bid, and which are not specified in this Section to be measured or to be included in one of the items listed in the Bid, shall be considered as incidental to the work. All costs thereof, including Contractor's overhead costs and profit, shall be considered as included in the lump sum or unit prices bid for the various Bid items. The Contractor shall prepare the Bid accordingly. C. Work includes furnishing all plant, labor, equipment, tools and materials, which are not furnished by the Owner and performing all operations required to complete the work satisfactorily, in place, as specified and as indicated on the Drawings. 1.02 Descriptions A. Measurement of an item of work will be by the unit indicated in the Bid. B. Final payment quantities shall be determined from the record drawings. The record drawing lengths, dimensions, quantities, etc. shall be determined by a survey after the completion of all required work. Said survey shall conform to Section 01055 of these Specifications. The precision of final payment quantities shall match the precision shown for that item in the Bid. C. Payment will include all necessary and incidental related work not specified to be included in any other item of work listed in the Bid. D. Unless otherwise stated in individual sections of the Specifications or in the Bid, no separate payment will be made for any item of work, materials, parts, equipment, supplies or related items required to perform and complete the work. The costs for all such items required shall be included in the price bid for item of which it is a part. E. Payment will be made by extending unit prices multiplied by quantities provided and then summing the extended prices to reflect actual work. Such price and payment shall constitute full compensation to the Contractor for furnishing all plant, labor, equipment, tools and materials not furnished by the Owner and for performing all operations required to provide to the Owner the entire Project, complete in place, as specified and as indicated on the Drawings. 06/11/07 2302-005\XA01025 I I I I I I I I I I I I I I I I I I I 01025 - 3 Measurement and Payment I. NPDES Monitoring and Reporting: All costs associated with NPDES monitoring and reporting in accordance with Georgia EPD requirements and these Contract documents shall be included in the lump sum price bid for this item. This includes, but is not limited to, preparation and submission of all inspections, record keeping, and reporting as required under the permit. NOI, NOT and sampling shall be the responsibility of the Owner. 1.05 Site Preparation A. No additional payment for clearing and grubbing of the Project site shall be made. Payment for all work related to clearing and grubbing shall be included within the unit price bid for the item to which it pertains. B. The cost of placement of all topsoil for the Project site shall be included in the unit price bid for Topsoil Placement. Topsoil shall be taken from the Owner designated topsoil stockpile area and placed in a 6 inch lift on the areas as designated by the Engineer. Measurement shall be made of the areas covered assuming the minimum thickness was placed. 1.06 Earthwork A. Excavation - On-Site Soil Materials 1. Excavation of on-site soil materials shall include all work associated with excavation of soils within the waste cells, on-site structural fill borrow, and general site work on the Project. Excavation and backfill of liner anchor trenches and pipelines, stockpile work, liner base borrow area, leachate collection layer borrow area, sediment basin Band C cleaning, sediment basin E work, earthwork associated with structures and unsuitable materials are not excavation and will not be included in quantities for payment as excavation. 2. The amount of excavation for the final payment request shall be based on a field survey of the Project site performed before and after the work was performed in accordance with Section 01055 of these Specifications. Initial survey shall be completed prior to any earthwork. Final survey shall be completed when structural fill is placed and grade in. landfill cell is at bottom of select backfill. 3. Quantities for partial and final payment requests shall be calculated from a field run topography/planimetric survey in accordance with Section 01055 of these Specifications. The Contractor shall calculate the quantities and submit the calculations to the Engineer with each request for payment. No allowance will be made for expansion or consolidation of the soil. 4. No separate payment will be made for providing sheeting, bracing and timbering. 06/11/07 2302-005\XA01025 I I I I I I I I I I I I I I I I I I I 01025 - 5 Measurement and Payment any contaminants in the subbase material, and subsequent placement of the material, shall be included in the unit price bid for 6-lnch Subbase. No additional payment will be made for the addition of bentonite or other processing, should the Contractor elect to do so. No additional payment will be made for any site preparation or erosion and sedimentation controls required to develop either an on-site or off-site borrow area. 3. Quantities shall be based on the total surface area covered with the specified material. Quantities for payment shall be determined from a field run topographic/planimetric survey in accordance with Section 01055. The Contractor shall calculate the quantities and submit the calculations to the Engineer with each request for payment. 4. No payment will be made for any area until the full specified thickness has been obtained for the area for which payment is requested. No payment will be made for any quantities which are not accompanied by a certification by the registered Land Surveyor that the quantities for which payment is requested have the required. absolute minimum thickness. No payment will be made for any area which does not meet the requirements of these Specifications. 5. Payment will be made for liner base material as stored material, only if imported from off-site and stockpiled on-site. F. Leachate Collection Layer 1. All costs for providing the leachate collection layer, including additional excavation from an on-site borrow area or obtaining the leachate collection material from an off site borrow area selected and secured by the Contractor, and removing and disposing of any contaminants in the leachate collection material shall be included in the unit price bid for 24-lnch Leachate Collection Layer. No additional payment will be made for any site preparation or erosion and sedimentation controls required to develop either an on-site or off-site borrow area. 2. Quantities shall be based on the total surface area covered with the specified 24-inch thick layer. Quantities for payment shall be determined from a field run topographic/planimetric survey. The Contractor shall calculate the quantities and submit the calculations to the Engineer with each request for payment. 3. No payment will be made for any area until the full specified thickness has been obtained for the area for which payment is requested. No payment shall be made for any quantities which are not accompanied by a certification by the registered Land Surveyor that the quantities for which payment is requested have the required absolute minimum thickness. No payment will be made for any area which does not meet the requirements of these Specifications. 4. Payment will be made for leachate collection material as stored materials only if imported from offsite and stockpiled on-site. 06/11/07 2302-005\XA01025 I I I I I I I I I I I I I I. I I I I I 01025-7 Measurement and Payment 1.07 Leachate Containment System A. Quantities of HOPE geomembrane surface area will be determined by the Engineer from survey certification provided by the Contractor. The area for payment will include the covered area to the inside of the anchor trench plus the minimum amount of required membrane in the anchor trench as shown on the Drawings. Payment quantities shall be the actual geomembrane surface area, but shall not include overlaps, patches, repairs or extension of material beyond the required limits. Costs for pre-shipping sheet testing, excavation, and compaction and backfill of the anchor trench shall be considered incidental work and included in the appropriate unit price bid. B. Payment for the geomembrane will be processed on partial payment requests, but only after receipt of all testing results for that area for which payment is requested. C. Temporary Stormwater Diversion Berms: All costs for constructing the berm, including earthwork, plywood, HOPE flap and attachment to waste cell liner,shall be included in the lump sum price bid for Temporary Stormwater Diversion Berm. D. Permanent Divider Berm: All costs for constructing the berm, including ,earthwork, HOPE flap and attachment to waste cell liner, shall be included in the lump sum price bid for Permanent Divider Berm. E. Tie to Existing Liner: All costs for connecting to the existing liner system, including location, earthwork, cleaning, welding liner, removing leachate collection pipe end cap, connecting existing pipe to new collection pipe, and removal of the temporary flap shall be included in the lump sum price bid for Tie to Existing Liner. 1.08 HDPE Collection Piping System A. Existing Utilities and Obstructions - Horizontal and Vertical Conflict: Payments for conflicts with existing utilities shall be made only where additional manholes and/or additional lengths of sewer are approved by the Engineer. Said payment shall be made at the unit prices in the Bid. No other payment will be made for any delay or extra cost encountered by the Contractor due to protection, avoidance or relocation of existing utilities, mains or services or changing the horizontal alignment of the sewer. B. No separate payment shall be made for survey work performed by or for the Contractor in the establishment of reference points, bench marks, limits of right-of-way or easement, including their restoration, as well as centerline or baseline points. C. Pipe and Accessories 1. Measurement and payment at the unit price for LEACHATE PIPING SYSTEM shall be made for the quantity provided. Measurement for solid piping shall be made from centerline of manhole to centerline of manhole or blind flange. Measurement for perforated piping shall be from end cap to existing pipe. 06/11/07 2302-005\XA01025 I I I I I I I I I I I I I I I I I I I 01025-9 Measurement and Payment B. Asphalt Concrete Pavement: Payment for Asphalt Surface Pavement shall be made at the unit price bid as specified from the bottom of the compacted aggregate base to the top of the asphalt concrete road surface. Limits eligible for payment shall be based on widths and lengths as shown on the Drawings. Measurement shall be made based on record drawing dimensions. C. No separate payment will be made for existing pavement preparation including cleaning, tack coat or prime coats. Repair of failed areas of existing pavement scheduled for overlay shall be paid for as Unsuitable Materials. D. Guardrail Relocation: All costs for guardrail relocation, including removal, materials, placement, new footings, and re-installation shall be included in the unit price bid for Guardrail Relocation. Measurement shall be made of actual quantity constructed, which had been authorized by the Engineer. E. W Beam Guardrail: All costs for guardrail installation, including materials, placement, footings, and installation shall be included in the unit price bid for W Beam Guardrail. Measurement shall be made of actual quantity constructed, which had been authorized by the Engineer. 1.11 Markers All costs for providing the markers as detailed on the Drawings shall be included in the unit price bid. 1.12 Cash Allowances A. General 1. The Contractor shall include in the Bid Total all allowances stated in the Contract Documents. These allowances shall cover the net cost of the services provided by a firm selected by the Owner. The Contractor's handling costs, labor, overhead, profit and other expenses contemplated for the original allowance shall be included in the items to which they pertain and not in allowances. 2. No payment will be made for nonproductive time on the part of testing personnel due to the Contractor's failure to properly coordinate testing activities with the work schedule or the Contractor's problems with maintaining equipment in good working condition. The Contractor shall make all necessary excavations and shall supply any samples of materials necessary for conducting compaction and density tests. 3. No payment shall be provided for services that fail to verify required results. 06/11/07 2302-005\XA01025 I I I I I I I I I I I I I I I I I I I 01025 - 11 Measurement and Payment 4. Site Utilities: Allow the amount provided in the Bid for the construction of Site Utilities by a firm selected by the Owner. Site Utilities shall be constructed in accordance with separate Drawings and/or requirements to be provided by the Owner and will include waterlines, sanitary sewer mains, sanitary sewer forcemain, and a sanitary sewer lift station. Contractor shall not hinder the construction of the site utilities and shall coordinate with the selected Contractor at no additional charge to the Owner. 15. Gas System Improvements: Allow the amount provided in the Bid for the construction of Gas System Improvements as coordinated with the Owner. Gas System Improvements shall be constructed in accordance with separate Drawings and/or requirements to be provided by the Owner and will include landfill gas extraction system improvements and expansions to the existing gas system. Contractor shall not hinder the construction of the gas system and shall coordinate with the Owner at no additional charge to the Owner. 16. Professional Services: Allow the amount provided in the Bid for Professional Services as coordinated with the Owner. Contractor shall coordinate with the Owner and service provider at no additional charge to the Owner. END OF SECTION 06/11/07 2302-005\XA01025 I I I I I I I I I I I I I I I I I I I Section 01041 Coordination Of Work Part 1 General 1.01 General Management of the project shall be through the use of a logical method of construction planning, scheduling, and cost value documentation as further described in the section entitled "Construction Scheduling," of these Specifications. 1.02 Existing Landfill Facilities A. The existing facilities at the Deans Bridge Road MSW Landfill must of necessity remain in operation while new construction is in progress. B. The Contractor shall coordinate his work with the Owner so that construction will not restrain or hinder operation of the existing facilities at the Landfill. If, at any time, any portion of the Landfill is out of service, the Contractor must obtain prior approval from the Owner as to the date, time and length of time that portion of the existing facilities are out of service. C. Connections to the existing facilities or alteration of existing facilities will be made at times when the facility involved is not in use or at times, established by the Owner, when use of the facility can be conveniently interrupted for the period of time needed to make the connection or alteration. D. After having coordinated his work with the Owner, the Contractor shall notify the Engineer of the time, time limits and methods of each connection or alteration and have approval of the Engineer before any work is undertaken on the connections or alterations. E. Before any roadway or facilities are blocked off the Owner shall be contacted to coordinate operations for the landfill. 1.03 Other Utilities The Contractor shall coordinate his operations with all utility companies in or adjacent to the area of his work. The Contractor shall require said utilities to identify in the field their property and provide drawings as necessary to locate them. END OF SECTION 01/26/07 2302-005\XA01041 I I I I I I I I I I I I I I I I I I I Section 01051 Grades, Lines and Levels Part 1 General 1.01 Description A. All work under this contract shall be constructed in accordance with the lines and grades on the plans or as given by the Engineer or Owner. The full responsibility for holding to alignment and grade shall rest upon the Contractor. B. The Owner will provide a bench mark and minimal horizontal control. The Contractor will be responsible for setting offsets from these points and all other layout and staking. C. The Contractor shall safeguard all points, stakes, grade marks, bench marks, and monuments established on the work, shall bear the cost of reestablishing same if disturbed, and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain and protect such established points, stakes, and marks. END OF SECTION 01/26/07 2302-005\XA01051 I I I I I I I I I I I I I I I I I I I Section 01055 Construction Staking Part 1 General 1.01 Scope A. Construction staking shall include all of the surveying work required to layout the Work and control the location of the finished Project. The Contractor shall have the full responsibility for constructing the Project to the correct horizontal and vertical alignment, as shown on the Drawings, as specified, or as ordered by the Engineer. The Contractor shall assume all costs associated with rectifying work constructed in the wrong location. B. From the information shown on the Drawings and the information to be provided as indicated under Project Conditions below, the Contractor shall: 1. Be responsible for setting reference points and/or offsets, establishment of baselines, and all other layout, staking, and all other surveying required for the construction of the Project. 2. Safeguard all reference points, stakes, grade marks, horizontal and vertical control points, and shall bear the cost of re-establishing same if disturbed. '3. Stake out the permanent and temporary easements or the limits of construction to ensure that the Work is not deviating from the indicated limits. 4. Be responsible for all damage done to reference points, baselines, center lines and temporary bench marks, and shall be responsible for the cost of re-establishment of reference points, baselines, center lines and temporary bench marks as a result of the operations. C. Baselines shall be defined as the line to which the location of the Work is referenced, i.e., edge of pavement, road centerline, property line, right-of-way or survey line. 1.02 Project Conditions A. The Drawings provide the location and/or coordinates of principal components of the Project. The alignment of some components of the Project may be indicated in the Specifications. The Engineer may order changes to the location of some of the components of the Project or provide clarification to questions regarding the correct alignment. B. The survey points, control points, and baseline to be provided to the Contractor shall be limited to only that information shown on the Drawings and which can be found on the Project site by the Contractor. C. A topographic survey is included on the Drawings. 02/12/07 2302-005\XA01055 I I I I I I I I I I I I I I I I I I I 01055 - 3 Construction Staking 1.05 Landfill Quantities for Payment A. Earthwork 1. The surveyor shall survey before and after the work is performed in such a manner to produce cross sections and a plan and profile of the area at a scale of 1 inch equals 50 feet horizontal and 1 inch equals 10 feet vertical. A . topographical map with a two foot contour interval and sufficient spot elevations to define the topography shall be prepared for graded areas at a scale of 1 inch equals 50 feet. Ground elevations shall be obtained at a frequency equal to a 50 foot by 50 foot grid, plus intermediate spot elevations obtained at every change in slope. The initial survey shall be completed prior to any earthwork. The final survey shall be completed. after replacement of topsoil has been completed. . 2. The surveyor shall plot or computer generate the cross sections in a singular direction at minimum 50 foot intervals from the field survey. The surveyor shall calculate the quantities of earthwork cut and fill and shall certify as to the accuracy of said survey and calculations. 3. The surveyor shall provide a computer diskette of the topography in an AutoCadd 2004 format. B. Select Backfill and Subbase 1. The surveyor shall survey before and after the work is performed in such a manner to produce cross sections and a topographic map with a two foot contour interval and sufficient spot elevations to define the topography at a scale of 1 inch equals 50 feet. Ground elevations shall be obtained at a frequency equal to a 50 foot by 50 foot grid, plus intermediate spot elevations obtained at every change in slope. 2. The surveyor shall plot or computer generate the cross sections in perpendicular directions at minimum 50 foot intervals from the field survey. The surveyor shall calculate the area of clay liner and shall certify as to the accuracy of said survey and calculations. The surveyor shall also certify that all clay liner areas for which payment is requested have the absolute minimum thickness required. 3. The surveyor shall provide a computer diskette of the topography in an AutoCadd 2004 format. C. Leachate Collection Layer 1. The surveyor shall survey before and after the work is performed in such a manner to produce cross sections. and a topographic map with a two foot contour interval and sufficient spot elevations to define the topography at a scale of 1 inch equals 50 feet. Ground elevations shall be obtained at a frequency equal to a 50 foot by 50 foot grid, plus intermediate spot elevations 02/12/07 2302-005\XA01055 I I I I I I I I I I I I I I I I I I I Section 01 060 Regulatory Requirements Part 1 General 1.01 Description Permits and Responsibilities The Contractor shall, without additional expense to the Owner, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State and municipal laws, Codes and regulations, in connection with the execution of the Work. He shall take proper safety and health precautions to protect the Work, the workers the public and the property of others. He shall also be responsible for all materials delivered and work performed until completion and acceptance of the Work, except for any completed unit of construction thereof which may heretofore have been accepted. END OF SECTION 01/26/07 2302-005\XA01060 I I I I I I I I I I I I I I I I I I I Part 1 1.01 1.02 General General . Section 01070 Abbreviations, Symbols, Trade Names, and Materials Whenever reference is made to the furnishing of materials or testing thereof to conform to the Standards of any technical society, organization, or body, it shall be construed to mean the latest Standard, Code, specification or tentative specification adopted and published at the time of advertisement for bids. Such standards are made a part hereof to the extent which is indicated or intended. Abbreviations M MMA MSHTO ACI ACPA AEIC AFBMA AGA AGMA AlA AlEE AlSO AISI AITC ANSI AMCA APA APHA API APWA ARC AREA ASA ASCE ASH RAE ASME ASTM AWS AWWA CFR CRSI CTI Aluminum Association Architectural Aluminum Manufacturer's Association American Association of State Highway and Transportation Officials American Concrete Institute American Concrete Pipe Association Association of Edison Illuminating Companies Anti-Friction Bearing Manufacturers Association American Gas Association American Gear Manufacturers Association American Institute of Architects American Institute of Electrical Engineers American Institute of Steel Construction American Iron and Steel Institute American Institute of Timber Construction American National Standards Institute Air Moving and Conditioning Association American Plywood Association American Public Health Association American Petroleum Institute American Public Works Association Appalachian Regional Commission American Railroad Engineering Association ' American Standards Association American Society of Civil Engineers American Society of Heating, Refrigeration, and Air Conditioning Engineers American Society of Mechanical Engineers American Society for Testing and Materials American Welding Society American Water Works Association Code of Federal Regulations Concrete Reinforcing Steel Institute Cooling Tower Institute 01/26/07 2302-005\XA01070 I I I I I I I I I I I 1 I; I I 1 I 1 I 1.04 01070-3 Abbreviations, Symbols, Trade Names, and Materials expressions, may be used in the Specifications in connection with a material, manufactured article or process, the material, article, or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer. Symbols Symbols and material legends shall be as scheduled on the Contract Drawings. END OF SECTION 01/26/07 2302-005\XA01070 1 I 1 I I I I I 1 I. I I I I I I I I I 1.01 Section 01080 Applicable Codes and Standards General A. All materials, equipment, fabrication, and installation practices shall comply with the following applicable Codes and standards, except in those cases where the Contractor's quality standards establish more stringent quality requirements, as determined by the Engineer. 1. Pressure Piping and Tubing ANSI (American National Standards Institute) API (American Petroleum Institute) ASME (American Society of Mechanical Engineers) AWWA (American Water Works Association) NSF (National Sanitation Foundation) 2. Materials AASHTO (American Association of State Highway and Transportation Officials) ANSI (American National Standards Institute) ASTM (American Society for Testing and Materials) 3. Painting and Surface Preparation NACE (National Association of Corrosion Engineers) SSPC (Steel Structures Painting Council) 4. Gear Reducers and Bearings AFBMA (Anti-friction Bearing Manufacturers Association) AGMA (American Gear Manufacturers Association) 5.. Ventilating Fans AMCA (Air Moving and Conditioning Association) PFMA (Power Fan Manufacturers Association) 6. Electrical and Instrumentation EIA (Electronic Industries Association) IEEE (Institute of Electrical and Electronic Engineers) IPC (Institute of Printed Circuits) IPCEA (Insulated Power Cable Engineers Association) ISA (Instrument Society of America) NEMA (National Electrical Manufacturers Association) 01/26/07 2302-005\XA01080 1 I I I I I I I 1 1 I I I I I I I I I 01080 - 3 Applicable Codes and Standards 16. Refrigeration, Heating, and Air Conditioning ARI (American Refrigeration Institute) ASHRAE (American Society of Heating, Refrigeration, and Air Conditioning Engineers) 17. Pressure Vessels ASME (American Society of Mechanical Engineers) In addition, all work shall comply with the applicable requirements of local codes, utilities, and other authorities having jurisdiction. B. All material and equipment, for which a UL Standard, an AGA approval, or an ASME requirement is established, shall be so approved and labeled or stamped. Label or stamp shall be conspicuous and not covered, painted, or otherwise obscured from visual inspection. END OF SECTION 01/26/07 2302-005\XA01080 I I I I I I I I I I I I I I I I I I I Section 01201 Preconstruction Conference Part 1 General 1.01 Description After award of Bid and prior to beginning construction, a conference will be held with representatives of the Contractor, Owner, Engineer, and others as deemed necessary by the Owner to discuss schedules and utility conflicts in the Project. This conference is intended to establish lines of communication between the parties involved. Time and place of preconstruction conference will be determined at time of bid award. END OF SECTION 02/12/07 2302-005\XA01201 I I I I I I I I I I I I I I I I I I I Section 01202 Progress Meetings Part 1 General 1.01 Description The Owner may request meetings with the Contractor at any time on matters pertaining to the progress of Work being carried out under this Contract. It will be the responsibility of the Contractor to supply whatever information is requested by the Owner concerning the project throughout its duration. Weekly reviews of progress shall be held between the Contractor and Engineer. Monthly reviews of progress shall be held between the Owner and Engineer. The Contractor shall make himself available if his presence is requested. END OF SECTION 01/26/07 2302-005\XA01202 1 1 I I I I I I I 1 I 1 I I I I I I I Section 01310 Construction Scheduling Part 1 General 1.01 Description The Contractor shall submit to the Engineer for approval construction planning, scheduling, and cost value documentation pertaining to the project as detailed herein and shall update same throughout project as required. 1.02 Submittal Procedures A. Within ten working days of Notice to Proceed, the Contractor shall submit to the Engineer for approval the products required by this section of the Specifications. B. Within five working days following receipt of same the Engineer shall arrange for a meeting with the Contractor so as to familiarize the Engineer with the Contractor's proposed construction plans and schedules. C. Within five working days following the Engineer's review the Contractor shall resubmit a corrected copy of those documents requiring revision. D. Within five working days following his receipt of the adequately revised documents the Engineer will approve same for use on the project. E. Once approved, the Contractor shall submit four copies of the construction scheduling documents to the Engineer for use on the project. F. The Contractor shall update the work schedules at least monthly and indicate those activities whose completion dates are in jeopardy because of activities behind schedule. G. The Owner may require the Contractor to modify any portions of the work schedule that become infeasible because of "activities behind schedule" or for any other valid reason. Any such modification will be at the Contractor's expense unless the modification is required to accommodate schedule revisions required by the Owner. H. An activity that cannot be completed by its original latest completion date shall be deemed to be behind schedule. 1.03 Change Orders Upon approval of a Change Order by the Owner the approved change shall be reflected in the next submittal by the Contractor. 01/26/07 2302-005\XA01310 I I I I I I I I I I I I I I I I I I I 2.03 2.04 2.05 01310-3 Construction Scheduling Project Information A. Each tabulation shall be prefaced with the following summary data: 1. Project Name 2. Contractor 3. Type of Tabulation (Initial or Updated with revision number) 4. Project Duration 5. Project Scheduled Completion Date 6. Effective or Starting Date of the Schedule 7. If an updated (revised) schedule, the new project completion date and project status Schedule Monitoring A. When specifically requested by the Engineer, the Contractor shall submit to the Engineer a revised schedule for those activities that remain to occur. B. The revised schedule shall be submitted in the form, sequence, and of the number of copies requested for the initial schedule. Cost Value for Activities A. The Contractor shall establish and submit a cost value for each activity in his progress schedule and estimates so that monthly partial payments to the Contractor can be calculated on the basis of work in place. B. Subject to the provisions for 'Payments to Contractor and Completion" in the General Conditions of the Contract all cost value reports for network activities shall be based upon the close of books as of the 25th day of each month, and the submittal of such costs value for activities shall be submitted to the Engineer for review and approval not later than the last day of each month. C. Wherever in the General Conditions it is provided that payments will be allowed for materials delivered to the site but not yet incorporated in the work, subject to the terms and conditions specified in the General Conditions, separate pay items shall be established for furnishing and installation of such items. 01/26/07 2302-005\XA01310 I I I 1 I I I I 1 1 I I I I I I I I I Section 01320 Construction Videos and Photographs Part 1 General 1.01 Scope A. The Contractor shall furnish all equipment and labor materials required to provide the Owner with digital construction videos and photographs of the Project. Videos shall be in both VHS format and recorded on a compact disk, in DVD format. B. Photo and video files shall become the property of the Owner and none of the videos or photographs herein shall be published without express permission of the Owner. 1.02 Pre and Post Construction Videos and Photographs A. Prior to the beginning of any work, the Contractor shall take project videos and photographs of the work area to record existing conditions. B. Following completion of the work, another recording and photos shall be made showing the same areas and features as in the pre-construction videos and photographs. C. All conditions which might later be subject to disagreement shall be shown in sufficient detail to provide a basis for decisions. D. The pre-construction videos and photographs shall be submitted to the Engineer within 25 calendar days after the date of receipt by the Contractor of Notice to Proceed. Post-construction videos and photographs shall be provided prior to final acceptance of the project. 1.03 Progress Photographs A. Photo files shall be provided on compact discs. B. The photographs shall include the date and time marking of the recording. All photographs shall be labeled on a tab connected to the bottom of the photo to indicate date and description of work shown. C. A minimum of ten photographs shall be submitted with each request for payment. The view selection will be as agreed to with the Engineer. Two prints of each photograph shall be submitted. 1.04 Submittals A. Photographs shall be submitted in plastic sleeves pre-punched for a 3-ring binder. Negatives shall be submitted in polyethylene preservers, 8-1/2 x 11-inches in size, equal to Print File Archival Preservers, Style No. 35-7B. B. Construction photographs shall be submitted with each payment request. Failure to include photographs may be cause for rejection of the payment request. END OF SECTION 01/26/07 2302-005\XA01320 I I I I I I I I I I I I I I I I I I I Part 1 1.01 Section 01340 Shop Drawings, Product Data, and Samples General Description and Requirements A. Type of Submittals This Section of the specifications describes the procedures for submittals such as shop drawings, product data, samples and miscellaneous work-related submittals. It does not include the submittals required for administrative work. B. Submittal Contents The submittal contents required are specified in each section. C. Definitions Submittals are categorized as follows: 1. Shop Drawings a. Shop drawings shall include technical data, drawings, diagrams, performance curves, schedules, templates, patterns, reports, calculation, instructions, measurements and similar information as applicable to specific item for which the shop drawing is prepared. b. Provide newly-prepared information, on reproducible sheets, with graphic information at accurate scale (except as otherwise indicated) or appropriate number of prints hereof, with name or preparer (firm name) indicated. The Contract Drawings shall not be traced or reproduced by any method for use as or in lieu of detail shop drawings. Show dimensions and note which are based on field measurement. Identify materials and products in the work shown. Indicate compliance with standards and special coordination requirements. Do not all~w shop drawing copies without appropriate final "Action" markings by the Engineer to be used in connection with the Work. 2. Product Data a. Product data includes standard printed information on materials, products and systems, not specially prepared for this project, other than the designation of selections from among available choices printed therein. b. Collect required data into one submittal for each unit of work or system, and mark each copy to show which choices and options are applicable to 01/26/07 2302-005\XA01340 I I I I I I I I I I I I I I I I I I I 01340-3 Shop Drawings, Product Data, And Samples B. Coordination of Submittal Times Prepare and transmit each submittal to the Engineer sufficiently in advance of performing related work or other applicable activities, so the installation will not be delayed or improperly sequenced by processing times, including non-approval and resubmittal (if required). Coordinate with other submittals, testing, purchasing, delivery and similar sequenced activities. No extension of time will be authorized because of Contractors failure to transmit submittals to the Engineer sufficiently in advance of the work. C. Sequencing Requirements As applicable in each instance, do not proceed with a unit of work until submittal procedures have been sequenced with related units of work, in a manner which will ensure that the action will not need to be later modified or rescinded by reason of a subsequent submittal which should have been processed earlier or concurrently for . coordination. D. Preparation of Submittals Provide permanent marking on each submittal to identify project, date, Contractor, subcontractor, submittal name and similar information to distinguish it from other submittals. Show Contractor's executed review and approval marking and provide space for the Engineer's "Action" marking. Package each submittal appropriately for transmittal and handling. Submittals which are received from sources other than through the Contractor's office will be returned "without action." E. Transmittal Identification 1. Number transmittals in sequence for each Division of the Specifications. The number after the dash indicates the Section of the Specifications, and the number before the dash is the sequence number of the transmittal (1-1 5140 would be the first transmittal applicable to Section 15140 of the Specifications, 2-15140 would be the second transmittal for Section 15140, etc.) 2. Identify resubmittals with a letter of the alphabet following the original number, using A for the first resubmittal, B for the second resubmittal, etc. A resubmittal affecting transmittal 1-1 5140 would than be numbered 1A-15140. The number 1-1 5140 would then be entered in the space 'Previous Transmittal Number," which is left blank except on resubmittals. 0.1/26/07 2302-005\XA01340 I I I I I I I I I I I I I I I I I I I 01340 - 5 Shop Drawings, Product Data, And Samples m. Submittal sheets or qrawings showing more than the particular item under consideration shall have all but the pertinent description of the item for which review is requested crossed out. 1.05 Routing of Submittals A. Submittals and routine correspondence shall be routed as follows: 1. Supplier to Contractor (through representative if applicable) for preliminary check. 2. Contractor to Consulting Engineer for general review or comment. 3. Consulting Engineer to Contractor. 4. Contractor to Supplier. 1.06 Address for Communications Augusta-Richmond County Deans Bridge Road MSW Landfill . 4330 Deans Bridge Road Augusta, GA 30805 OR Public Works Department 1815 Marvin Griffin Road Augusta, GA 30906 1.07 Submittal Copies Required A. Shop Drawings, Product Data, and Miscellaneous Submittals All submittals marked "A" or "B" will be distributed as follows: 1. For Owner's Project Manager 1 copy 2. For Contractor 3 copies 3. For Field Inspection Office 1 copy 4. For Owner 1 copy Total 6 copies B. To the above number may be added additional copies as required by the Contractor. 01/26/07 2302-005\XA01340 I I I rmay I I I I I I I I I I I I I I I 01340 - 7 Shop Drawings, Product Data, And Samples Marking: "A" - No Exceptions Taken. 2. Final-But-Restricted Release Proceed, provided it complies with notations and corrections on submittal and with contract documents, when submittal is returned with the following: Marking: "B" - Exceptions Taken as Noted. 3. Returned for Resubmittal Do not proceed with Work. Revise submittal in accordance with notations thereon, and resubmit without delay to obtain a different action marking. Do not allow submittals with the following marking (or unmarked submittals where a marking is required) to be used in connection with performance of the work. Marking: "C" - Revise and resubmit. - Rejected - Does Not Comply with Project Requirements. Only two copies of items marked "C" or "0" will be reviewed and marked. One copy will be retained and the other copy with all remaining unmarked copies will be returned to the contractor for resubmittal. END OF SECTION 01/26/07 2302-005\XA01340 I I I I I I I I I 1 1 I I 1 I I I I I Section 01500 Construction Facilities Part 1 General 1.01 Sanitary Facilities The Contractor will provide sufficient sanitary facilities in proximity to the areas of work for his employees and those employees of his subcontractors. The Contractor will be responsible for continual maintenance and servicing of these facilities. 1.02 First Aid Facilities The Contractor shall maintain at a well known place at the job site, all. articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees) who may be injured on the job site. In no case, shall employees be permitted to work at a job site before the employer has made a standing arrangement (verified in writing to the Owner) for removal of injured persons to a hospital or a doctor's care. END OF SECTION 01/26/07 2302-005\XA01500 I I I I I I I I I I I I I I I I I I I Section 01510 Temporary Utilities Part 1 General 1.01 Temporary Light The Contractor shall provide temporary lighting facilities for the proper prosecution and inspection of the work. These facilities shall be installed and maintained by the Contractor and shall be located in such a manner as to result in the least interference with work upon the project site and existing facilities. 1.02 Temporary Power The Contractor shall provide temporary power facilities required for the proper prosecution and inspection of the work. These facilities shall be installed and maintained by the Contractor, and shall be located in such a manner as to result in the least interference with work upon the project site and existing facilities. Temporary power facilities shall remain in place after completion of construction until final acceptance of the work. After final acceptance of the work, the Contractor shall remove temporary power facilities. 1.03 Temporary Water The Contractor shall make the necessary arrangements for securing and transporting all water required in the constructicln, including water required for earthwork, mixing of concrete, sprinkling, testing, flushing, flooding or jetting and including any temporary pipeline or equipment which may be necessary to make use of such water. 1.04 Potable Water The Contractor shall be responsible for furnishing a supply of potable drinking water for employees, subcontractors, inspectors, Engineers and the Owner who are associated with the work progress. 1.05 Temporary Telephone Service Provide and pay for monthly telephone service, for the duration of the project, at the Contractor's field office and at the Engineer's field office as specified. END OF SECTION 01/26/07 2302-005\XA01510 I I I I I I I I I I I I 1 1 I I 1 I I Section 01540 Job Site Security Part 1 General 1.01 Barricades, Light, and Watchmen A. The Contractor shall furnish and erect such barricades, fences, lights, and danger signals, shall provide such watchmen, and shall provide such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise, the Contractor shall furnish and maintain at least one light at each barricade and sufficient numbers of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work. B. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, lights, and watchmen to protect it and whenever evidence is found of such damage, the Contractor shall immediately remove the damaged portion and replace it at his cost and expense. The Contractor's responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen shall not cease until the project has been accepted by the Owner. C. All job site security shall be coordinated with the Owner's landfill security procedures. END OF SECTION 01/26/07 2302-005\XA01540 . I I I I I I I I I I I I I I I I I I I Section 01562 Dust Control Part 1 General 1.01 Description Limit blowing dust caused by construction operations by applying water or employing other appropriate means or methods to maintain dust control. 1.02 Protection of Adjacent Property. The bidders shall visit the site and note the buildings, landscaping, roads, parking areas and other facilities near the work site that may be damaged by their operations. The Contractor shall make adequate provision to fully protect the surrounding area and will be held fully responsible for all damages resulting from his operations. END OF SECTION 01/26/07 2302-005\XA01562 I I I I I I I I I I I I I I I I I I I Section 01590 Field Offices Part 1 General 1.01 Engineer's Field Office A. The Contractor shall provide and equip an Engineer's office space (prefabricated building or mobile trailer), properly weatherproofed, skirted, and adequately anchored against 100 mile per hour gusts and winds. The office building shall be located on the project site and shall be in the vicinity of the Contractor's offices and buildings. Engineer's office space may be provided in a separate locked room within the same building as the Contractor's office. B. The office shall contain a minimum of 300 square feet of floor space. C. Walls, ceilings, and floors shall be adequately insulated. D. Interior finishes shall be manufacturer's standard, subject to approval. E. The office building shall be adequately wired for electricity in accordance with applicable Codes to handle the total lighting, air conditioning, and other loads. Lighting fixtures, in adequate numbers, shall be installed to give an illumination of 150 foot candles average and minimum glare. Fluorescent lamp fixtures with minimum 45 degrees shielding will be required. F. 110-volt convenience outlets, and 220-volt grounded wall outlets. G. Air conditioning and heating combination unit to maintain 78 F inside in winter with outside air temperature of 20 F and 72 F inside in summer with the outside air temperature of 100 F. H. Telephone with telephone service and jacks. Contractor is responsible for paying monthly phone bill for service including long distance as necessary for the Engineer's site representative. I. Fax machine with a dedicated telephone line, service contract, and paper supply for duration of the project. Contractor is responsible for paying monthly bill for phone service including long distance for the Engineer's site representative. J. Awnings over windows and entrance stoops are required. K. Photo copying machine supplied with paper and service contract for duration of project. L. Venetian type blinds shall be installed on all windows. M. Windows and outside entrance doors shall be properly screened. 01/26/07 2302-005\XA01590 I I I I I I I I I I I I I I I I I I I 1.01 1.02 1.03 Section 01610 Transportation and Handling General The Contractor shall provide transportation of all equipment, materials, and products furnished under these Contract Documents to the site of the work. In addition, the Contractor shall provide preparation for shipment and storage, unloading, handling and rehandling, short-term storage, extended storage, storage facilities, maintenance and protection during storage, preparation for installation, and all other work and incidental items necessary or convenient to the Contractor for the satisfactory prosecution and completion of the work. Transportation A. All equipment shall be suitably boxed, crated, or otherwise protected during transportation. B. All equipment shall be shipped and delivered in the largest assembled sections practical or permitted by carrier regulations to minimize the number of field connections. C. The Contractor shall be responsible for ensuring that the equipment is assembled and transported in such a manner so as to clear buildings, power lines, bridges, and similar structures encountered during shipment or delivery to the site of the work. D. Small items and appurtenances such as gauges, valves, switches, instruments, and probes which could be damaged during shipment shall be removed from the equipment prior to shipment and packaged and shipped separately. All openings shall be plugged or sealed to prevent the entrance of water or dirt. E. Temporary shipping braces and supports shall be painted orange or yellow for easy identification. Handling A. All equipment, materials, and products shall be carefully handled to prevent damage or excessive deflections during unloading or transportation. All equipment, materials, and products damaged during transportation or handling shall be repaired or replaced by the Contractor at no additional cost to the Owner prior to being incorporated into the work. B. Lifting and handling drawings and instructions furnished by the manufacturer or supplier shall be strictly followed. Eyebolts or lifting Lugs furnished on the equipment shall be used in handling the equipment. Shafts and operating mechanisms shall not be used as lifting points. Spreader bars or lifting beams shall be used when the distance between lifting points exceeds that permitted by 01/26/07 2302-005\XA01610 I I I I I I I I I I I I I I I I I I I Section 01620 Storage and Protection 1.01 General Equipment shall be received, inspected, unloaded, handled, stored, maintained, and protected by the Contractor in a suitable location on or off site, if necessary, until such time as installation is required. 1.02 Storage A. The Contractor shall be responsible for providing satisfactory storage facilities which are acceptable to the Engineer. In the event that satisfactory facilities cannot be provided on site, satisfactory warehouse acceptable to the Engineer will be provided by the Contractor for such time until the equipment, materials, and products can be accommodated at the site. B. Equipment, materials, and products which are stored in a satisfactory warehouse acceptable to the Engineer will be eligible for progress payments as though they had been delivered to the job site. C. The Contractor shall be responsible for the maintenance and protection of all equipment, materials, and products placed in storage and shall bear all costs of storage, preparation for transportation, transportation, rehandling, and preparation for installation. D. Equipment and products stored outdoors shall be supported above the ground on suitable. wooden blocks or braces arranged to prevent excessive deflection or bending between supports. Items such as pipe, structural steel, and sheet construction products shall be stored with one end elevated to facilitate drainage. E. Tarps and other coverings shall be supported above the stored equipment or materials on wooden strips to provide ventilation under the cover and minimize condensation. Tarps and covers shall be arranged to prevent ponding of water. F. .Fuels shall be properly stored and handled in accordance with all applicable state and federal requirements. Fuels shall be stored and handled in a manner to minimize fire hazards and spills. Containment areas shall be provided for the storage and use of all fuels, oils, and hydraulic fluids. Contractor shall utilize good housekeeping practices at all times. The Contractor shall be responsible for all clean up and proper disposal of spills and contaminated soils. Any damages to or contamination of existing monitoring system shall be solely the responsibility of the Contractor to correct. END OF SECTION 01/26/07 2302-005\XA01620 I I I I I I I I I I I I I I I I I I I Section 01630 Substitutions and Options Part 1 General 1.01 Scope This Section outlines the. Contractor's requirements for substitutions and product options. 1.02 Products List A. General 1. Within 30 days after date of Contract, submit to the Engineer five copies of a complete list of all products which are proposed for installation, unless otherwise indicated elsewhere in the Contract Documents. 2. Tabulate the list by each Specification Section. B. For products specified under reference standards, include with the listing of each product the following: 1. Name and address of manufacturer, 2. Trade name, 3. Model or catalog designation, 4. Manufacturer's data including performance and test data, and reference standards. 1.03 Contractor's Options A. No substitutions will be considered for the manufacturers listed by the Bidder in the Bid unless directed by the Owner. B. For produCts specified only by reference standards, select any product meeting the standards by any manufacturer unless otherwise required elsewhere in the Contract Documents. C. Products Specified by Naming Products 1. Whenever the Engineer's design is based on a specific product of a particular manufacturer, that manufacturer will be shown on the Drawings and/or listed first in the list of approved manufacturers in Divisions 2 through 16 of the Specifications. Any Bidder intending to furnish equipment of other than the first listed manufacturer is cautioned to verify that the item being furnished will fit in the space allowed, perform the functions, and have the capabilities as specified. The Bid should reflect the cost of any accessory items which may be required to 01/26/07 2302-005\XA01630 I I I I I I I I I I I I I I I I I I I Section 01710 Cleanup Part 1 General 1.01 Description This section covers general cleaning which the Contractor shall be required to perform both during construction and before final acceptance of the project unless otherwise shown on the Drawings or specified elsewhere in these specifications. 1.02 Hazard Control A. The Contractor shall store volatile wastes in covered metal containers and remove from premises daily. B. The Contractor shall prevent accumulation of wastes which create hazardous conditions. C. Burning or burying rubbish and waste materials on the site shall not be allowed. D. Disposal of volatile wastes into sanitary or storm sewers shall not be allowed. E. Disposal of all hazardous or volatile wastes shall be in accordance with all State and Federal requirements. F. All construction equipment and support vehicles shall be in good condition and shall not leak hydraulic oils, motor oils, or fuels, If equipment leaks such environmentally hazardous liquids, the equipment will be removed from the work area and repaired and all contaminated soils or materials shall be removed and properly disposed of in accordance with State and Federal requirements. 1.03 Disposal of Surplus Materials A. Unless otherwise shown on the Drawings, specified or directed, the Contractor shall dispose of all surplus excavated materials and materials and equipment from demolition, legally off the site, and shall provide his own suitable, off-site spoil area, or on a site designated by the Owner. B. The Owner shall have the opportunity to inspect any equipment or materials removed prior to disposal by the Contractor. If said equipment and/or materials are determined to be salvageable by the Owner, the Contractor shall transport said equipment and material to a building or area designated by the Owner. 01/26/07 2302-005\XA01710 I I I I I I I I I I I I I I I I I I I Section 01740 Warranties and Bonds Part 1 General 1.01 Project Maintenance and Warranty A. Maintain and keep in good repair the improvements covered by these drawings and specifications during the life of the Contract. B. Indemnify the Owner against any repairs which may become necessary to any part of the work performed and to items of equipment and systems procured for or furnished under this Contract, arising from defective workmanship or materials used therein, for a period of one year after acceptance of the work is received from EPD allowing the Owner to accept the work for operations. C. The Contractor shall not be obligated to make replacements which become necessary because of ordinary wear and tear, or as a result of improper operation or maintenance, or as a result of improper work or damage by another Contractor or the Owner, or to perform any work which is normally performed by a maintenance crew during operation. D. In the event of multiple failures of major consequences prior to the expiration of the one-year warranty described above, the affected unit shall be disassembled, inspected, and modified or replaced as necessary to prevent further occurrences. All related components which may have been damaged or rendered non- serviceable as a consequence of the failure shall be replaced. A new twelve-month warranty against defective or deficient design, workmanship, and materials shall commence on the day that the item is reassembled and placed back into operation. As used herein, multiple failures shall be interpreted to mean two or more successive failures of the same kind in the same item or failures of the same kind in two or more items. Major failures may include, but are not limited to, cracked or broken housings, piping, or vessels, excessive deflections, bent or broken shafts, broken or chipped gear teeth, premature bearing failure, excessive wear, or excessive leakage around seals. Failures which are directly and clearly traceable to operator abuse, such as operations in conflict with published operating procedures, or improper maintenance, such as substitution of unauthorized replacement parts, use of incorrect lubricants or chemicals, flagrant over- or under-lubrication, and using maintenance procedures not conforming with published maintenance instructions, shall be exempted from the scope of the one-year warranty. Should multiple failures occur in a given time, all products of the same size and type shall be disassembled, inspected, modified or replaced, as necessary and rewarranted for one year. E. The Contractor shall; at his own expense, furnish all labor, materials, tools and equipment required and shall make such repairs and removals or shall perform such work or reconstruction as may be made necessary by any structural or functional defect or failure resulting from neglect, faulty workmanship or faulty 01/26/07 2302-005\XA01740 I I I I I I I I I I I I I I I I I I I Section 02010 Subsurface Conditions Part 1 General 1.01 Description A. Soil boring logs are shown in the subsurface report entitled "Subsurface Report for Deans Bridge Road MSW Landfill, Phase III, Stage 1, Cell 2A. This information may be obtained upon request at the offices of Atlantic Coast Consulting, Inc. B. This soil investigation information is offered as an aid in bidding only and is not a part of the Contract Documents. The boring logs are available for the Contractor's information, but are not a warranty of subsurface conditions. The Owner, Engineer and geotechnical engineer assume no responsibility for any variation between materials encountered during construction and those indicated on the boring logs, nor for any variation between the location of the water table encountered and that indicated on the boring logs at the date borings were taken. C. Additional Investigation: The Contractor shall visit the site and become acquainted with site conditions. Prior to bidding, prospective Contractors may make their own site and subsurface investigations to satisfy themselves with site and subsurface conditions. The Contractor shall be responsible for obtaining rights of ingress and egress to private property for site and subsurface investigation and shall assume all responsibility for any damage to property caused as a result of the Contractor's investigation. D. Location of Borings: Contractors shall be responsible for making their own determination of the location of the soil borings on this Project. END OF SECTION 01/26/07 2302-005\XA02010 I I I I I I I I I I I I I I I I I I I Section 0211 0 Clearing and Grubbing Part 1 General 1.01 Scope Clearing and grubbing includes, but is not limited to removal from the project lands of trees, stumps, roots, brush, structures, abandoned utilities, trash, debris, and all other materials found on or near the surface of the ground in the construction area and understood by generally accepted engineering practice not to be suitable for construction of the type contemplated. Precautionary measures to prevent damage to existing features to remain is part of the work. 1.02 Quality Assurance A. The Contractor shall comply with applicable codes, ordinances, rules, regulations, and laws of local, municipal, state or federal authorities having jurisdiction over the project. All required permits shall be obtained for construction operations by the Contractor. All required permits of a temporary nature shall be obtained for construction operations by the Contractor. B. Open burning will have to be permitted by all of the local authorities having jurisdiction. It is the Contractor's responsibility to obtain all of the necessary approvals and permits prior to burning and to comply with all permits throughout the burning process. 1.03 Location of Work The area to be cleared and grubbed is shown schematically on the drawings. The Contractor shall minimize clearing of existing trees to maintain a natural buffer around the proposed work. Part 2 Products 2.01 Equipment A. The Contractor shall furnish equipment with operators of the type normally used in clearing and grubbing operations including, but not limited to tractors, trucks, loaders, root rakes, and burning equipment. B. The Contractor shall furnish discing equipment capable of plowing the soil to a depth of 6 inches twice in a single pass. 01/26/07 2302-005\XA02110 I I I I I I I I I I I I I I I I I I I 02110 - 3 Clearing and Grubbing shall be deposited in any stream or body of water, or in any street or alley. No debris shall be deposited upon any private property except with written consent of the property owner. In no case shall any material or debris be left on the Project, shoved onto abutting private properties or buried on the Project. B. When approved in writing by the Engineer and when authorized by the proper authorities, the Contractor may dispose of such debris by burning on the Project site provided all requirements set forth by the governing authorities are met. The authorization'to bum shall not relieve the Contractor in any way from damages which may result from Contractor's operations. On easements through private property, the Contractor shall not burn on the site unless written permission is also secured from the property owner, in addition to authorization from the proper authorities. END OF SECTION 01/26/07 2302-005\XA02110 I I I I I I I I I I I I I I I I I I I Section 02125 Erosion and Sedimentation Control Part 1 General 1.01 Scope A. The work specified in this Section consists of providing and maintaining temporary and permanent erosion and sedimentation controls as shown on the Drawings. This Section also specifies the subsequent removal of temporary erosion and sedimentation controls. B. Temporary and permanent erosion and sedimentation controls include grassing and mulching of disturbed areas and structural barriers at those locations which will ensure that erosion during construction will be maintained within acceptable limits. Acceptable limits are as established by the Georgia Erosion and Sedimentation Control Act of 1975, as amended, Section 402 of the Federal Clean Water Act, and applicable codes, ordinances, rules, regulations and laws of local and municipal authorities having jurisdiction. C. Land disturbance activity shall not commence until the Land Disturbance Permit has been issued. D. Land disturbance permit(s) for all off-site borrow areas shall be obtained and paid for by the Contractor and issued in the name of the Contractor. E. For on-site work, a Georgia storm water discharge permit for construction activities shall be obtained and paid for by the Owner. 1.02 Submittals A. Submit product data in accordance with the requirements of Section 01340 of these Specifications. B. Prior to any construction activity, the Contractor shall submit, for the Engineer's approval, a schedule for the accomplishment of temporary and permanent erosion and sedimentation control work. No work shall be started until the erosion and sedimentation control schedule and methods of operation have been approved by the Engineer. 1.03 Quality Assurance A. The temporary and permanent erosion and sedimentation control measures shown on the Drawings are minimum requirements. Any additional erosion and sedimentation control measures required by the Contractor's means, methods, techniques and sequence of operation will be installed by the Contractor at no additional cost to the Owner and will be paid for according to the unit price bid for each control measure as approved by the Engineer. B. Perform all work under this Section in accordance with all pertinent rules. and regulations including, but not necessarily limited to, those stated in these 02/22/07 2302-005\XA02125 I I I I I I I I I I I I I I I I I I I Part 2 2.01 2.02 2.03 2.04 02125 - 3 Erosion and Sedimentation Control 6. All fines imposed for improper erosion and sedimentation control shall be paid by the Contractor. Products Sediment Barrier A. Silt Fence 1. Type C silt fence is a combination of Type A silt fence fabric with woven wire reinforcement. Type C silt fence woven wire reinforcement shall meet the requirements of Section 171 of the Georgia Department of Transportation Standard Specifications, latest edition. 2. Silt fence fabric shall be an approved product on the Georgia DOT Qualified Product List No. 36, latest edition. B. Stone Check Dams: Stone shall conform to the requirements of Section 805.01 of the Georgia Department of Transportation Standard Specification, latest edition, for Stone Dumped Rip Rap except the stone shall be 8-inches or less at the greatest dimension. Rip Rap A. Stone Rip Rap: Use sound, tough, durable stones resistant to the action of air and water. Slabby or shaley pieces will not be acceptable. Unless shown or specified otherwise, stone rip rap shall be Type 1. 1. Type 1 Rip Rap: Rip rap size shall conform to Section 805.01 of the Georgia Department of Transportation Standard Specification for Type 1 Stone Dumped Rip Rap. Plastic Filter Fabric A. Plastic filter fabric shall conform to the Georgia Department of Transportation Standard Specifications, Section 881.06 for woven fabrics. B. Plastic filter fabric shall be an approved product on the Georgia Department of Transportation Qualified Product List No. 28, latest edition. Gabions A. Gabions shall be large, multi-celled, rectangular wire mesh boxes filled with 4 to 8-inch size pieces of stone to prevent erosion, scour or sloughing of an embankment. Gabions shall have the following features: 1. Hexagonal mesh pattern, which under stress will deform but not break. 02/22/07 2302-005\XA02125 I I I I I I I I I I I I I I I I I I I 02125 - 5 Erosion and Sedimentation Control 3.02 Sediment Control A. Sediment Barriers 1. Sediment barriers shall include, but are not necessarily limited to, silt fences, rock check dams and inlet sediment traps, any device which prevents sediment from exiting the disturbed area. 2. Silt fences and rock check dams shall not be used in any flowing stream, creek or river. 3. Sediment barriers shall be installed as shown on the Drawings and as directed by the Engineer. 4. Sediment barriers shall be maintained to ensure the depth of empounded sediment is no more than one-half of the original height of the barrier or as directed by the Engineer. Torn, damaged, destroyed or washed-out barriers shall be repaired, reinforced or replaced with new material and installed as shown on the Drawings and as directed by the Engineer. 5. Sediment Barrier Removal a. Sediment barrier shall be removed once the disturbed area has been stabilized with a permanent vegetative cover and the sediment barrier is no longer required as directed by the Engineer. b. . Accumulated sediment shall be removed from the barrier and spread over the site. c. All non-biodegradable parts of the barrier shall be disposed of properly. The hay bales may be spread evenly across disturbed areas as a mulching material. d. The disturbed area created by barrier removal shall be permanently stabilized. 3.03 Erosion Control A. Rip Rap 1. Rip rap shall be placed as shown on the Drawings and as directed by the Engineer. Rip rap shall be placed at all points where natural vegetation is disturbed on the banks of streams or drainage ditches. Compact backfill and place rip rap to prevent subsequent settlement and erosion. This requirement applies equally to construction along side a stream or drainage ditch as well as crossing a stream or drainage ditch. 2. Preparation of Foundations: The ground surface upon which the rip rap is to be placed shall be brought to the correct lines and grades before placement is commenced. Where filling of depressions is required, the new material shall be 02/22/07 2302-005\XA02125 I I I I I I I I I I I I I I I I I I I 02125 - 7 Erosion and Sedimentation Control C. Grassing 1. Seed rate, fertilization and other requirements shall be performed in accordance with the requirements of Section 02485 of these Specifications. 2. Temporary Stabilization: Temporary stabilization shall be provided as shown on the Drawings and conforming to these Specifications to control erosion on the site. Temporary stabilization shall be provided to any area which will not receive permanent stabilization within the next 14 calendar days. Partial payment requests may be withheld for those portions of the Project not complying with this requirement. 3. Permanent Stabilization a. Permanent stabilization shall be provided as shown on the Drawings and conforming to these Specifications to control erosion on the site. Permanent stabilization shall be provided to all areas of land disturbance within 14 calendar days of the completion of land disturbance. b. Where permanent stabilization cannot be immediately established because of an inappropriate season, the Contractor shall provide temporary stabilization. The Contractor shall return to the site at the appropriate season to provide permanent stabilization in areas that received only temporary stabilization. 3.04 Clean-Up A. Dispose of all excess erosion and sedimentation control materials in a. manner satisfactory to the Engineer. B. Final clean-up shall be performed in accordance with the requirements of Section 01710 of these Specifications. END OF SECTION 02/22/07 2302-005\XA02125 I I I I I I I I I I I I I I I I I I I Section 02140 Dewatering Part 1 General 1.01 Scope A. This Section shall apply to all excavation, except trench excavation. B. Construct all permanent work in areas free from water. Design, construct and maintain all wells, pumps, vacuum systems, sumps, dikes, levees,. cofferdams and diversion and drainage channels as necessary to maintain the areas free from water and to protect the areas to be occupied by permanent work from water damage. Remove temporary works after they have served their purpose. C. The Contractor shall be responsible for the stability of all temporary and permanent slopes, grades, foundations, materials and structures during the course of the Contract. Repair and replace all .slopes, grades, foundations, materials and structures damaged by water, both surface and subsurface, to the lines, grades and conditions existing prior to the damage, at no additional cost to the Owner. Part 2 Products (Not Used) Part 3 Execution 3.01 Care of Water A. Except where the excavated materials are designated as materials for permanent work, material from required excavation may be used for dikes, levees, cofferdams and other temporary backfill. B. . Furnish, install, maintain and operate necessary pumping and other equipment for dewatering the various parts of the work and for maintaining the foundation and other parts free from water as required for constructing each part of the work. C. Install all drainage ditches, sumps and pumps to control excessive seepage on excavated slopes, to drain isolated zones with perched water tables and to drain impervious surfaces at final excavation elevation. D. Dewater by means which will insure dry excavations, preserve final lines and grades, do not disturb or displace adjacent soil. E. All pumping and drainage shall be done with no damage to property or structures and without interference with the rights of the public, owners of private property, pedestrians, vehicular traffic or the work of other contractors, and in accordance with all pertinent laws, ordinances and regulations. F. Do not overload or obstruct existing drainage facilities. G. After they have served their purpose, remove all temporary protective work at a satisfactory time and in a satisfactory manner. All diversion channels and other 01/26/07 2302-005\XA02140 I I I I I I I I I I I I I I I I I I I Section 02200 Earthwork Part 1 General 1.01 Scope A. This Section includes earthwork and related operations, including, but not limited to, dewatering, excavating all classes of material encountered, pumping, draining and handling of water encountered in the excavations, handling, storage, transportation and disposal of all excavated and unsuitable material, construction of fills and embankments, backfilling around structures and pipe, backfilling all trenches and pits, compacting, all sheeting, shoring and bracing, preparation of subgrades, surfacing and grading, and any other similar, incidental, or appurtenant earthwork operations which may be necessary to properly complete the work. Excavation and backfill of pipe trenches outside the landfill is described in Section 02225 of these Specifications. B. The Contractor shall provide all services, labor, materials and equipment required for all earthwork and related operations necessary or convenient to the Contractor for furnishing complete work as shown on the Drawings or specified in these Contract Documents. 1.02 General A. The elevations shown on the Drawings as existing are taken from the best existing data and are intended to give reasonably accurate. information. about the existing elevations. They are not precise and the Contractor shall become satisfied as to the exact quantities of excavation and fill required. B. Earthwork operations shall be performed in a safe and proper manner with appropriate precautions being taken against all hazards. C. All excavated and filled areas for structures, trenches, fills, topsoil areas, embankments, and channels shall be maintained by the Contractor in good condition at all times until final acceptance by the Owner. All damage caused by erosion, or other construction operations shall be repaired by the Contractor using material of the same tYpe as the damaged material. D. Earthwork within the rights-of-way of the Department of Transportation, the County Road Department and the respective cities shall be done in accordance with requirements and provisions of the permits issued by those agencies for the cOhstruction within their respective rights-of-way. Such requirements and provisions, where applicable, shall take precedence and supersede the provisions of these Specifications. E. The Contractor shall control grading in a manner to prevent surface water from running into excavations. Obstruction of surface drainage shall be avoided and means shall be provided whereby storm water can be uninterrupted or rerouted through temporary drains. Free access must be provided to all fire hydrants, watergates, and meters. 06/11/07 2302-005\XA02200 I I I I I I I I I I I I I I I I I I I Part 2 2.01 02200 - 3 Earthwork H. All earthwork operations shall comply with the requirements of OSHA Construction Standards, Part 1926, Subpart P, Excavations, Trenching, and Shoring, and Subpart 0, Motor Vehicles, Mechanized Equipment, and Marine Operations, and shall be conducted in a manner acceptable tothe Engineer. I. It is understood and agreed that the Contractor has made a thorough investigation of the surface and subsurface conditions of the site and any special construction problems which might arise as a result of nearby watercourses and floodplains, particularly in areas where construction activities may encounter water-bearing sands and gravels or limestone solution channels. The Contractor shall be responsible for providing all services, labor, equipment and materials necessary or convenient to the Contractor for completing the work within the time specified in these Contract Documents. Products Materials and Construction A. Earthwork Materials 1. Fill Material, General a. Approval Required: All fill material shall be subject to the approval of the Engineer. b. Notification: For approval of imported fill material, notify the Engineer and testing laboratory at least one week in advance of intention to import material, designate the proposed borrow area and permit testing as necessary to prove the quality of the material. 2. On-Site Fill Material: All on-site fill material shall be soil exclusive of organic matter, frozen lumps or other deleterious substances It shall contain no rocks or lumps over 3-inches maximum in dimension. 3. Imported Fill Materials: All imported fill material shall meet the requirements of on-site fill material. 4. Sand Cushions and Sand Fill: Sand cushions and sand fill shall consist of a sand-gravel fill of such gradation that.100 percent will pass a 3/8-inch sieve and not more than 10 percent by weight is lost by washing. 5. Coarse Aggregate or Crushed Stone: Coarse aggregate or crushed stone shall conform to the Georgia Department of Transportation Standard Specifications for Construction of Road and Bridges, 800.01, size No. 57 or NO.4 Stone, as shown on the Drawings, Group II. 6. Fine Aggregate: All fine aggregate shall conform to the Georgia Department of Transportation Standard Specifications for Construction of Road and Bridges, 801.01 and shall have the following gradation: 06/11/07 2302-005\XA02200 I I I I I I I I I I I I I I I I I I I 02200 - 5 Earthwork b. Material for use in the leachate collection layer shall consist of clean earth material, natural or manufactured, that contains no aggregate, rocks, debris, plant material, or other solid material larger than 1/4-inch in diameter. c. Material for use in the leachate collection layer shall have a carbonate content no greater than five percent. d. The leachate collection layer shall have a minimum permeability of 1.0 x 10-2 cm/sec when tested in accordance with ASTM 0 2434. e. As an alternate, the leachate collection layer may consist of soil underlain by a double-sided geocompositedrainage material meeting the requirements of Section 02779. This soil shall consist of clean earth material, natural or manufactured, that contains no aggregate, rocks, debris, plant material, or other solid material larger than 3/4-inch in diameter. B. Sheeting, Bracing and Timbering: The Contractor shall furnish, place, and maintain all sheeting, bracing, and timbering required to properly support trenches and other excavations in open cut, and to prevent all movement of the soil, pavement, structures, or utilities outside of the trench or pit. 1. General a. Cofferdams and bracing design, including computations, shall be prepared before commencing construction operations. Drawings and design computations shall be signed and sealed by a professional engineer registered in the State of Georgia. The drawings and design computations shall not be submitted to the Engineer. b. Sheeting, bracing and timbering shall be so placed as to allow the work to be constructed to the lines and grades shown on the Drawings and as ordered by the Engineer. c. If at any time the method being used by the Contractor for supporting any material or structure in or adjacent to any excavation is not reasonably safe, the Contractor shall provide additional bracing and support necessary to furnish the added degree of safety. d. All sheeting in contact with the concrete or masonry shall be cut off as directed by the Engineer and left in place. 2. Timber: Timber may be substituted for steel sheet piling, when approved by the Engineer. Timber for shoring, sheeting, or bracing shall be sound, and free of large or loose knots, and in good condition. Size and spacing shall be' in accordance with OSHA regulations. 3. Steel Sheet Piling: Steel sheet piling shall be the continuous interlock type. The weight, depth, and section modulus of the sheet piling shall be sufficient to 06/11/07 2302-005\XA02200 I I I I I I I I I I I I I I I I I I I 02200 - 7 Earthwork movement of earth which could in any way injure the work, adjacent property or workers. 2. Properly support all excavations in locations indicated on the Drawings and where necessary to conform to all pertinent rules and regulations, and these Specifications, even though such locations are not indicated on the Drawings. 3. Exercise care in the removal of sheeting, shoring, bracing, and timbering to prevent collapse or caving of the excavation faces being supported and damage to the work and adjacent property. 4. Do not leave any sheeting or bracing in the trench or excavation after completion of the work, unless approved by the Engineer. D. Obstructions 1. Remove and dispose of all trees, stumps, roots, boulders, sidewalks, driveways, pavement, pipes, and the like, as required for the performance of the work. 2. Exercise care in excavating around catch basins, inlets and manholes so as to not disturb or damage these structures. 3. Avoid removing or loosening castings, or pushing dirt into catch basins, inlets and manholes. 4. Damaged or displaced structures or casting shall be repaired, replaced, and dirt entering the structures during the performance of the work shall be removed at no additional cost to the Owner. E. Utilities to be Abandoned 1. When pipes, conduits, sewers, or other structures are removed from the trench leaving dead ends in the ground, such ends shall be fully plugged or sealed with brick and non-shrink grout. 2. Abandoned structures, such as manholes or chambers shall be entirely removed unless otherwise specified or indicated on the Drawings. 3. All materials from abandoned utilities, which can be readily salvaged, shall be removed from the excavation and stored on the site at a location as directed by the Owner. 4. All salvageable materials will remain the property of the Owner, unless otherwise indicated by the Owner. F. Extra Earth Excavation: In case soft or excessively wet material which, in the opinion of the Engineer, is not suitable, is encountered below the final subgrade elevation of an excavation or underneath a structure, the Engineer may order the removal of this material and its replacement with crushed stone or other suitable material in order to make a suitable foundation for the construction of the structure. 06/11/07 2302-005\XA02200 I I I I I I I I I I I I I I I I I I I 02200 - 9 Earthwork Earth excavation for structures shall be to limits not less than two feet outside wall lines, to allow for formwork and inspection, and further as necessary to permit the trades to install their work. All materials loosened or disturbed by excavation shall be removed from surfaces to receive concrete or crushed stone. B. Excavation for Foundations: Footings and slabs on grades shall rest on undisturbed earth, rock, or compacted materials to insure proper bearing. 1. Unsuitable Foundation Material: Any material, in the opinion of the Engineer, which is unsuitable for foundation, shall be removed and replaced with compacted crushed stone, or with compacted fill material as directed by the Engineer. No determination of unsuitability will be made until all requirements for dewatering are satisfactorily met. 2. Foundation in Rock: Foundations for a structure shall be on similar materials. Should excavation for a foundation be partially in rock, the Contractor shall undercut that portion of the rock 12-inches and bring the excavation to grade with compacted crushed stone. 3. Unauthorized Excavation: Care shall be taken that excavation does not extend below bottom levels of footings or slabs on earth or rock. Should the excavation, through carelessness or neglect, be carried below such levels, the Contractor shall fill in the resulting excess excavation with concrete under footings and compacted crushed stone or other approved material under slabs. Should excavation be carried beyond outside lines of footings such excess excavation shall be filled with concrete, or formwork shall be provided, as directed by the Engineer. C. Unsuitable Bearing: If suitable bearings for foundations are not encountered at the elevations indicated on the Drawings, immediately notify the Engineer. Do not proceed further until instructions are received and necessary measurements made for purposes of establishing additional volume of excavation. 3.04 Fill A. Controlled Fill 1. The fill for roadways, parking areas, walks, structures, and building slabs on grade shall be controlled fill. 2. After the excavated area has been examined by the Engineer, all holes and other irregularities shall be filled and compacted before the main fill is placed. 3. The fill shall be placed in even layers not exceeding 8-inches loose thickness in depth, and shall be thoroughly compacted as herein specified. 4. If an analysis of the soil being placed shows a marked difference from one location to another, the fill being placed shall not be made up of a mixture of these materials. 06/11/07 2302-005\XA02200 I I I I I I I I I I I I I I I I I I I 02200 - 11 Earthwork 6. Conduits, pipes, culverts and underdrains shall be neither disturbed nor damaged by proofrolling operations. C. Placement 1. Prior to placement of any material in embankments, the area within embankment limits shall be stripped of topsoil and all unsuitable materials removed in accordance with this Section. The area shall then be scarified to a depth of at least 6-inches. 2. Fill materials shall be placed in continuous approximately horizontal layers extending the full width of the embankment cross-section and the full dimension of the excavation where practical and having a net compacted thickness of not over 6-inches. . . D. Compaction 1. Fill materials supporting landfill liner, roadways, parking areas, sidewalks, structures, and buildings, and backfill around structures, buildings, and walls shall be compacted to a minimum of 95 percent of the ASTM 0698 maximum dry density. The top 12-inches of fill material supporting roadways, parking areas, sidewalks, structures, and buildings shall be compacted to a minimum of 98 percent of the ASTM 0698 maximum dry density. 2. Compaction of embankments shall be by smoothwheel, pneumatic or tamping foot rollers. a. Smooth wheel rollers shall provide 100 percent coverage under the wheel with ground contact pressure of at least 50 psi. b. Pneumatic rollers shall be as previously described in this Section. c. Tamping foot roller shall provide at least 35 percent coverage under the wheel. The projected area of each knob and the number and spacing of the knobs shall be such that the contact pressure of the rollers be at least 250 psi. Placement and compaction of materials. shall extend beyond the final contours sufficiently to insure compaction of the material at the resulting final surface. Final contours shall then be achieved by a tracked bulldozer shaping the face of the embankment. 3. Compaction of backfill around structures shall be accomplished by heavy power tamping equipment. 4. If tests indicate that density of fill is less than that specified, the area shall be either recompacted or undercut, filled, and compacted until specified density is achieved. 5. Compaction of the sand leachate collection blanket will not be required. 06/11/07 2302-005\XA02200 I I I I I I I I I I I I I I I I I I I 3.05 3.06 02200 - 13 Earthwork Backfilling A. Backfill carefully to restore the ground surface to its original condition. Dispose of excess material in accordance with this Section. B. Compact backfill underlying roadways, parking areas, sidewalks, structures, and buildings as specified in Article 3.04 (D) of this Section. C. Backfilling Around Structures 1 . General a. Remove debris from excavations before backfilling. b. Do not backfill against foundation walls until so directed by the Engineer nor until all indicated perimeter insulation and/or waterproofing is in place. c. Protect such insulation and/or waterproofing during filling operations. d. Wherever possible, backfilling shall be simultaneous on both sides of walls to equalize lateral pressures. e. Do not backfill against walls until all permanent construction is in place to furnish lateral support on both top and bottom of wall. f. Backfilling against walls is to take place after all the concrete in the affected members has attained the specified strengths. 2. Materials: Backfill material placed against structures built or encountered during the work of this Section shall be suitable fill material. No broken concrete, bricks, or similar materials will be permitted as backfill. Grading A. General: Perform all rough and finish grading required to attain the elevations indicated on the Drawings. Perform finish grading to an accuracy of +0.10 foot. B. Compact backfill underlying roadways. parking areas, sidewalks, structures and buildings to 95 percent of the ASTM 0698 maximum dry density. The top 12-inches of backfill shall be compacted to 98 percent of the ASTM 0698 maximum dry density. C. Backfilling Around Structures 1. General a. Remove debris from excavations before backfilling. b. Do not backfill against foundation walls until so directed by the Engineer nor until all indicated perimeter insulation and/or waterproofing is in place. 06/11/07 2302-005\XA02200 I I I I I I I I I I I I I I I I I I I 3.08 3.09 3.10 3.11 02200 - 15 Earthwork private property, pedestrians, vehicular traffic or the work of other contractors, and in accordance with all pertinent laws, ordinances, and regulations. 4. Do not overload or obstruct existing drainage facilities. 5. Comply with the requirements of Section 02140 of these Specifications. Settlement A. The Contractor shall be responsible for all settlement of backfill, fills, and embankments which may occur within one year after final acceptance of the work by the Owner. B. The Contractor shall make, or cause to be made, all repairs or replacements made necessary by settlement within 30 days after receipt of written notice from the Engineer or Owner. Protection and Restoration of the Work Area A. The Contractor shall not construct permanent roadbeds, berms, drainage structures, or any structures other than those shown on the Drawings, which alter the original topographic features of the site, without written permission from the Engineer. B. All temporary construction or alterations to the original topography will incorporate measures to prevent erosion into the surrounding wetlands. All areas shall be returned to their original topographic condition as soon as possible after work is completed in the area. All materials of construction and other non-native materials shall be disposed by the Contractor. C. The Contractor shall provide temporary culverts or other drainage structures, as necessary, to permit the free migration of water between portions of a swamp, wetland, or stream which may be temporarily divided by construction. D. The Contractor shall not spread, discharge, or dump any fuel oil, gasoline, pesticide,. or any other pollutant to adjacent swamps or wetlands. Protection of Wells and Monitoring Points The Contractor shall protect all groundwater wells and other monitoring points within any excavation or fill area, and shall be responsible for any damage. Cleaning Sediment Basin C A. The Contractor shall dredge sediment out of the sediment basins as instructed by the Owner1. The Contractor shall dredge sediment out of basin using a dragline, clamshell or dredge, or drained and excavated using a backhoe, front-end loader, dozer or other approved equipment. 06/11/07 2302-005\XA02200 I I I I I I I I I I I I I I I I I I I 02200 -17 Earthwork Table 1 Construction Quality Assurance-Soil Material Item Testinq Method Freauency Acceptance Criteria Structural Fill Field Density (nuclear, sand ASTM 0 2922 or 1/10,000 tf/lift 95% of Maximum Dry Density cone, drive cylinder)(1) ASTM 0 1556 or as Oetennined by Standard ASTM D 2937 Proctor Moisture Content ASTM D 2216 or 1/10,000 tf/lift (field test) ASTM D 3017 or ASTM 0 4643 or ASTM D 4959 Moisture Content ASTM 02216 Every 10th :l: 3% of optimum (lab test) Field Moisture Test Particle Size ASTM D 422 1/10,000 yd3 :;:3" or Change in Material Atterberg Limits ASTM 04318 1/10,000 yd3 See Text or Change in Material Standard Proctor ASTM 0 698 1/10,000 yd3 or Change in Material Liner Base Moisture Content ASTM D 2216 1/1,000 yd3 Layers, Final Cover Particle Size ASTM D 422 1/1,000 vd3 See Text Material (Borrow Atterbera Limits ASTM D 4318 1/5,000 yd3 Source) Penneability ASTM 0 5084 1/10,000 yd3 Liner Base: k,,;lx10.7 cm/sec (Remodeled Sample) or Change in Material Standard Proctor ASTM D 698 1/5,000 yd3 or Chanoe in Material Liner Base Field Density (nuclear, ASTM 0 2922 or 1/10,000 tf/lift 95% of Maximum Dry Density Layers, Final Cover sand cone, drive cylinder) (1) ASTM 0 1556 or or as Oetennined by Standard Material (Field ASTM 0 2937 1/lift/200 L.F. of Proctor Testing) Sidewall Moisture Content ASTM 0 2216 or 1/10,000 tf/lift See Text ASTM 0 3017 or or ASTM 0 4643 or 1/1ift/200 L.F. of ASTM 0 4959 Sidewall Anchor Trench Field Density (Nuclear) ASTM 0 2922 or 1/500 LF of Trench 95% of Maximum Dry Density ASTM 0 1556 as Oetennined by Standard Proctor Liner Base Moisture Content ASTM 02216 1/40,000 ff/lift See Text Final Cover Material or (Undisturbed 1/1ift/800 L. F. of Sample) Sidewall Penneability ASTM 0 5084 1/40,000 tf/lift Liner Base: k,,;lx10.7 em/sec or 1/1ift/800 L. F. of Sidewall 06/11/07 2302-005\XA02200 I I I I I I I I I I I I I I I I I I I Section 02225 Trench Excavation and Backfill Part 1 General 1.01 Scope A. The work under this Section consists of furnishing all labor, equipment and materials and performing all operations in connection with the trench excavation and backfill required to install the pipelines shown on the Drawings and as specified. B. Excavation shall include the removal of any trees, stumps, brush, debris or other obstacles which remain after the clearing and grubbing operations, which may obstruct the work, and the excavation and removal of all earth, rock or other materials to the extent necessary to install the pipe and appurtenances in conformance with the lines and grades shown on the Drawings and as specified. C. Backfill shall include the refilling and compaction of the fill in the trenches and excavations up to the surrounding ground surface or road grade at crossing. D. The pipe zone area of the trench is divided into five specific areas: 1. Foundation: The area beneath the bedding, sometimes also referenced to as trench stabilization. 2. Bedding: The area above the trench bottom (or foundation) and below the bottom of the barrel of the pipe. 3. Haunching: The area above the bottom of the barrel of the pipe up to a specified height above the bottom of the barrel of the pipe. 4. Initial Backfill: The area above the haunching material and below a plane 18-inches above the top of the barrel of the pipe. 5. Final Backfill: The area above a plane 18-inches above the top of the barrel of the pipe. E. The choice of method, means, techniques and equipment rests with the Contractor. The Contractor shall select the method and equipment for trench excavation and backfill depending upon the type of material to be excavated and backfilled, the depth of excavation, the amount of space available for operation of equipment, storage of excavated material, proximity of man-made improvements to be protected, available easement or right-of-way and prevailing practice in the area. 1.02 Quality Assurance A. Density: All references to "maximum dry density" shall mean the maximum dry density defined by the '~Maximum Density-Optimum Moisture Test", ASTM 0 698. Determination of the density of foundation, bedding, haunching, or backfill materials in place shall meet with the requirements of ASTM 0 1556, "Density of Soil In Place by the Sand Cone Method", ASTM 0 2937, "Density of Soil In Place by the 02/22/07 2302-005\XA02225 I I I I I I I I I I I I I I I I I I I 02225 - 3 Trench Excavation and Backfill B. Earth materials utilized for initial backfill shall be suitable materials selected from materials excavated from the trench. Suitable materials shall be clean and free of rock larger than 2-inches at its largest dimension, organics, cinders, stumps, limbs, frozen earth or mud, man-made wastes and other unsuitable materials. Should the material excavated from the trench be saturated, the saturated material may be used as earth material, provided it is allowed to dry properly and it is capable of meeting the specified compaction requirements. When necessary, initial backfill materials shall be moistened to facilitate compaction by tamping. If materials excavated from the trench are not suitable for use as initial backfill material, provide select material conforming to the requirements of this Section. 2.04 Final Backfill Final backfill material shall be general excavated earth materials, shall not contain rock larger than 2-inches at its greatest diameter, cinders, stumps, limbs, man-made wastes and other unsuitable materials. If materials excavated from the trench are not suitable for use as final backfill material, provide select material conforming to the requirements of this Section. 2.05 Select Backfill Select backfill shall be materials which meet the requirements as specified for bedding, haunching, initial backfill or final backfill materials, including compaction requirements. 2.06 Concrete Concrete for bedding, haunching, initial backfill or encasement shall be Class "B" concrete in accordance with Georgia Department of Transportation Standard Specifications, Section 713. Part 3 Execution 3.01 Trench Excavation A. Topsoil and grass shall be stripped a minimum of 6-inches over the trench excavation site and stockpiled separately for replacement over the finished grading areas. B. Trenches shall be excavated to the lines and grades shown on the Drawings with the centerlines of the trenches on the centerlines of .the pipes and to the dimensions which provide the proper support and protection of the pipe and other structures and accessories. C. Width 1. The sides of all trenches shall be vertical to a minimum of one foot above the top of the pipe. Unless otherwise indicated on the Drawings, the maximum trench width shall be equal to the sum of the outside diameter of the pipe plus 02/22/07 2302-005\XA02225 I I I I I I I I I I I I I I I I I I I 02225 - 5 Trench Excavation and Backfill 3. In wet, saturated, flowing or otherwise unstable materials. The sides of all trenches and excavations shall be adequately sheeted, braced and shored. 4. Where necessary to prevent damage to adjoining buildings, structures, roadways, pavement, utilities, trees or private properties which are required to remain. 5. Where necessary to maintain the top of the trench within the available construction easement or right-of-way. 6. Where shown on the Drawings, sheeting shall be steel sheeting. B. In all cases, excavation protection shall strictly conform to the requirements of the Occupational Safety and Health Act of 1970, as amended and 2004 Georgia Legislative Session House Bill 1300. C. Timber: Timber for shoring, sheeting, or bracing shall be sound and free of large or loose knots and in good, serviceable condition. Size and spacing shall be in accordance with OSHA regulations. D. Steel Sheeting and Sheet Piling: Steel sheet piling shall be the continuous interlock type. The weight, depth and section modulus of the sheet piling shall be sufficient to restrain the loads of earth pressure and surcharge from live loads. Procedure for installation and bracing shall be so scheduled and coordinated with the removal of the earth that the ground under existing structures shall be protected against lateral movement at all times. The Contractor shall provide closure and sealing between sheet piling and existing facilities. Sheet piling within three feet of an existing structure or pipeline shall remain in place, unless otherwise directed by the Engineer. E. Trench Shield: A trench shield or box may be used to support the trench walls. The use of a trench shield does not necessarily preclude the additional use of bracing and sheeting. When trench shields are used, care must be taken to avoid disturbing the alignment and grade of the pipe or disrupting the haunching of the pipe as the shield is moved. When the bottom of the trench shield extends below the top of the pipe, the trench shield will be raised in 6-inch increments with specified backfilling occurring simultaneously. At no time shall the trench shield be "dragged" with the bottom of the shield extending below the top of the pipe. . F. Remove bracing and sheeting in units when backfill reaches the point necessary to protect the pipe and adjacent property. Leave sheeting in place when in the opinion of the Engineer it cannot be safely removed. Cut off any sheeting left in place at least two feet below the surface. 3.03 Dewatering Excavations A Dewater excavation continuously to maintain a water level two feet below the bottom of the trench. B. Control drainage in the vicinity of excavation so the ground surface is properly pitched 02/22/07 2302-005\XA02225 I I I I I I I I I I I I I I I I I I I 02225 - 7 Trench Excavation and Backfill E. Where trench stabilization is provided, the trench stabilization material shall be compacted to at least 90 percent of the maximum dry density, unless shown or specified otherwise. 3.05 Bedding and Haunching A. Bedding material shall be placed to provide uniform support along the bottom of the pipe and to place and maintain the pipe at the proper elevation. The initial layer of bedding placed to receive the pipe shall be brought to the grade and dimensions indicated on the Drawings, and the pipe shall be placed thereon and brought to grade by tamping the bedding material or by removal of the slight excess amount of the bedding material under the pipe. Adjustment to grade line shall be made by scraping away or filling with bedding material. Wedging or blocking up of pipe shall not be permitted. Applying pressure to the top of the pipe, such as with a backhoe bucket, to lower the pipe to the proper elevation or grade shall not be permitted. Each pipe section shall have a uniform bearing on the bedding for the length of the pipe, except immediately at the joint. All bedding shall extend the full width of the trench bottom. Prior to placement of bedding material, the trench bottom shall be free of any water, loose rocks, boulders or large dirt clods. B. At each joint, excavate bell holes of ample depth and width to permit the joint to be assembled properly and to relieve the pipe bell of any load. C. After the pipe section is properly placed, add the haunching material to the specified depth. The haunching material shall be shovel sliced, tamped, vigorously chinked or otherwise consolidated to provide uniform support for the pipe barrel and to fill completely the voids under the pipe, including the bell hole. Prior to placement of the haunching material, the bedding shall be clean and free of any water, loose rocks, boulders or dirt clods. D. Gravity Sewers and Accessories: Lay PVC pipe with minimum Class "B" bedding. Lay all other pipe with Class "C" bedding, unless shown or specified otherwise. 1. Class "A" (Bedding Factor - 2.8): Excavate the bottom of the trench flat at a minimum depth as shown on the Drawings, below the bottom of the pipe barrel. Lay pipe to line and grade on concrete block. Place concrete to the full width of the trench and to a height of one-fourth of the outside diameter of the pipe above the invert. 2. Class "B" (Bedding Factor - 1.9): Excavate the bottom of the trench flat at a minimum depth as shown on the Drawings, below the bottom of the pipe barrel. Place and compact bedding material to the proper grade. Haunching material shall then be carefully placed by hand and compacted to provide full support under and up to the centerline of the pipe. 3. Class "c" (Bedding Factor - 1.5): Excavate the bottom of the trench flat at a minimum depth as shown on the Drawings, below the bottom of the pipe barrel. Place and compact bedding material to the proper grade. Haunching material shall then be carefully placed by har;>d and compacted to provide full support 02/22/07 2302-005\XA02225 I I I I I I I I I I I I I I I I I I I 02225 - 9 Trench Excavation and Backfill E. Initial backfill shall be compacted to a minimum 90 percent of the maximum dry density, unless shown or specified otherwise. F. If materials excavated from the trench are not suitable for use as backfill materials, provide select backfill material conforming to the requirements of this Section. 3.07 Concrete Encasement for Pipelines Where concrete encasement is shown on the Drawings for pipelines not under structures, excavate the trench to provide a minimum of 6-inches clearance from the bell of the pipe. Lay the pipe to line and grade on concrete blocks. In lieu of bedding, haunching and initial backfill, place concrete to the full width of the trench and to a height of not less than 6-inches above the pipe bell. Do not backfill the trench for a period of at least 24 hours after concrete is placed. 3.08 Final Backfill A. Backfill carefully to restore the ground surface to its original condition. B. The top 6-inches shall be topsoil obtained as specified in Article 3.01 of this Section. C. Excavated material which is unsuitable for backfilling, and excess material, shall be disposed of, at no additional cost to the Owner, in a manner approved by the Engineer. Surplus soil may be neatly distributed and spread over the site, if approved by the Engineer. If such spreading is allowed, the site shall be left in a clean and sightly condition and shall not affect pre-construction drainage patterns. Surplus rock from the trenching operations shall be removed from the site. D. If materials excavated from the trench are not suitable for use as backfill materials, provide select backfill material conforming to the requirements of this Section. E. After initial backfill material has been placed and compacted, backfill with final backfill material. Place backfill material in uniform layers, compacting each layer thoroughly as follows: 1. In 6-inch layers, if using light power tamping equipment, such as a "jumping jack". 2. In 12-inch layers, if using heavy tamping equipment, such as hammer with tamping feet. 3. In 24-inch layers, if using a hydra-hammer. F. Settlement: If trench settles, re-fill and grade the surface to conform to the adjacent surfaces. G. Final backfill shall be compacted to a minimum 90 percent of the maximum dry density, unless specified otherwise. 02/22/07 2302-005\XA02225 I I I I I I I I I I I I I I I I I I I 02225 - 11 Trench Excavation and Backfill E. Comply with applicable codes, ordinances, rules, regulations and laws of local, municipal, state or federal authorities having jurisdiction. END OF SECTION 02/22/07 2302-005\XA02225 I I I I I I I I I I I I I I I I I I I Part 1 1.01 1.02 Part 2 2.01 Section 02485 Seeding General Scope A. The work covered by this section consists of furnishing all labor, equipment, and material required to place topsoil, seed, commercial fertilizer, agricultural limestone, and mulch material, including seedbed preparation, harrowing, compacting, and other placement operations on graded earthen areas as described herein and/or shown on the Drawings. In general, seeding operations shall be conducted on all newly graded earthen areas not covered by structures, pavement, or sidewalks; all cleared or grubbed areas which are to remain as finish grade surfaces; and on all existing turf areas which are disturbed by construction operations and which are to remain as finish grade surfaces. Areas disturbed by borrow or stockpiling activities shall also be seeded according to these Specifications. B. The work shall include temporary seeding operations to stabilize earthen surfaces during construction or inclement weather and to minimize stream siltation and erosion. Temporary seeding shall be performed on any disturbed area left exposed for a period greater than 14 days. Quality Assurance A. Prior to seeding operations, the Contractor shall furnish to the Engineer labels or certified laboratory reports from an accredited commercial seed laboratorY or a state seed laboratory showing the analysis and germination of the seed to be furnished. Acceptance of the seed test reports shall not relieve the Contractor of any responsibility or liability for furnishing seed meeting the requirements of this section. B. Prior to topsoil operations, the Contractor shall obtain representative samples and furnish soil test certificates including textural, pH, and organic ignition analysis from the State University Agricultural Extension Services or other certified testing laboratory. Products Topsoil A. Utilizing designated stockpiles or borrow areas on site, the Contractor shall place a minimum of 2 to 3 inches of topsoil over all graded earthen areas outside limits of landfill cell construction and over any other areas to be seeded. Sources of topsoil shall be approved by the soils Engineer prior to disturbance. B. Topsoil shall be a friable loam containing a large amount of humus and shall be original surface soil of good, rich, uniform quality, free from any material such as 02/22/07 2302-005\XA02485 I I I I I I I I I I I I I I I I I I I 02485 - 3 Seeding 2.04 Mulch Material A. All mulch materials shall be air dried and reasonably free of noxious weeds and weed seeds or other materials detrimental to plant growth. B. Mulch shall be composed of wood cellulose fiber, straw, or stalks, as specified herein. Mulch shall be suitable for spreading with standard mulch blowing equipment. C. Wood-cellulose fiber mulch shall be as manufactured by Weyerhauser Company, Conway Corporation, or equal. D. Straw mulch shall be partially decomposed stalks of wheat, rye, oats, or other approved grain crops. E. Stalks shall be the partially decomposed, shredded residue of corn, cane, sorghum, or other approved standing field crops. 2.05 Mulch Binder A. Mulch on slopes exceeding 3 to 1 ratio shall be held in place by the use of an. approved mulch binder. The mulch binder shall be non-toxic to plant life. B. Emulsified asphalt binder shall be Grade SS-1, ASTM 0977. Cutback asphalt binder shall be Grade RC 70 or PC 250. 2.06 Inoculants for Legumes All leguminous seed shall be inoculated prior to seeding with a standard culture of nitrogen-fixing bacteria that is adapted to the particular seed involved. 2.07 Water Water shall be clean, clear water free from any objectionable or harmful chemical qualities or organisms and shall be furnished by the Contractor. Part 3 Execution 3.01 Securing and Placing Topsoil A. Topsoil shall be secured from areas from which topsoil has not been previously removed, either by erosion or mechanical methods. Topsoil shall not be removed to a depth in excess of the depth approved by the Engineer. 02/22/07 2302-005\XA02485 I I I I I I I I I I I I I I I I I I I 3.04 3.05 02485 - 5 Seeding C. Fertilizer need not be incorporated in the soil as specified above when mixed with seed in water and applied with power sprayer equipment. The seed shall not remain in water containing fertilizer for more than 30 minutes when a hydraulic seeder is used. D. Agricultural limestone shall be thoroughly mixed into the soil according to the rates shown on the Contract Drawings. The specified rate of application of limestone may be reduced by the Engineer if pH tests indicate this to be desirable. It is the responsibility of the Contractor to obtain such tests and submit the results to the Engineer for adjustment in rates. E. It is the responsibility of the Contractor to make one application of maintenance fertilizer at one-half the rates shown on the Contract Drawings and should be applied in early spring or fall following initial establishment of cover. Seeding A. Seed of the specified group shall be sown as soon as preparation of the seedbed has been completed. No seed shall be sown during high winds, nor until the surface is suitable for working and is in a proper condition. Seeding shall be performed during the dates shown on the Contract Drawings. Seed mixtures may be sown together provided they are kept in a thoroughly mixed condition during the seeding operation. B. Seeds shall be uniformly sown by any approved mechanical method to suit the slope and size of the areas to be seeded, preferably with a broadcast type seeder, windmill hand seeder, or approved mechanical power drawn seed drills. Hydro- seeding and hydromulching may be used on steep embankments, provided full coverage is obtained. Care shall be taken to adjust the seeder for seedings at the proper rate before seeding operations are started and to maintain their adjustment during seeding. Seed in hoppers shall be agitated to present segregation of the various seeds in a seeding mixture. C. Immediately after sowing, the seeds shall be covered and compacted to a depth of 1/8 to 3/8 inch by a cultipacker or suitable roller. D. Leguminous seeds shall be inoculated prior to seeding with an approved and compatible nitrogen-fixing inoculant in accordance with the manufacturers mixing instructions. Mulching A. All seeded areas shall be uniformly mulched in a continuous blanket immediately after seeding. The mulch shall be applied so as to permit some sunlight to penetrate and the air to circulate and at the same time shade the ground, reduce erosion, and conserve soil moisture. Approximately 25 percent of the ground shall 02/22/07 2302-005\XA02485 I I I I I I . I I I I I I I I I I I I I 02485 - 7 Seeding causes shall be repaired by filling with topsoil, compacting, and repeating the seeding work at his expense. END OF SECTION 02/22/07 2302-005\XA02485 I I I I I I I I I I I I I I I I I I I Section 0251 0 Asphalt Concrete Pavement Part 1 General 1.01 Scope The Contractor shall furnish all labor, materials, equipment and incidentals required to construct asphalt concrete pavements to the grades and cross-sections shown on the Drawings and as specified herein. 1.02 Quality Assurance A. Use only materials which are furnished by a bulk asphalt concrete producer regularly engaged in production of hot-mix, hot-laid asphalt concrete. B. Comply with applicable requirements of Georgia Department of Transportation, Standard Specifications for Construction of Roads ar:ld Bridges. 1.03 Submittals A. Certificates: Specifications. Contractor. 1.04 Conditions Provide certificates stating that materials supplied comply with Certificates shall be signed by the asphalt producer and the A. Weather Limitations 1. Apply bituminous prime and tack coats only when the ambient temperature in the shade has been at least 40 degrees F. 2. Do not conduct paving operations when surface is wet, frozen or contains excess of moisture which would prevent uniform distribution and required penetration. 3. Construct asphaltic courses only when atmospheric temperature in the shade is above 35 degrees F, when the underlying base is dry and when weather is not rainy. 4. Place base course when air temperature is above 35 degrees F and rising. No base course shall be placed on a frozen or muddy subgrade. B. Grade Control: Establish and maintain the required lines and grades for each course during construction operations. 02/22/07 2302-005\XA02510 02/22/07 2302-005\XA02510 I I I I I I I I I I I I I I I I I I I 02510 - 3 Asphalt Concrete Paving 5. The compacted base shall have sufficient stability to support construction traffic without pumping. 6. If compacted base becomes unstable as a result of too much moisture, the base material and underlying subgrade, if necessary, shall be dried and reworked to a moisture content that can be recompacted. B. Loose and Foreign Material 1. Remove loose and foreign material from surface immediately before application of paving. 2. Use power brooms or blowers, and hand brooming as required. 3. Do not displace surface material. C. Prime Coat 1. Uniformly apply at a rate of 0.20 to 0.50 gallon per square yard over compacted and cleaned subbase surface. 2. Apply enough material to penetrate and seal, but not flood the surface. 3. Allow to cure and dry as long as required to attain penetration and evaporation of volatile, and in no case less than 24 hours unless otherwise acceptable to the Engineer. 4. Blot excess asphalt with just enough sand to prevent pick-up under traffic. 5. Remove loose sand before paving. D. Tack Coat 1. Dilute material with equal parts of water and apply to contact surfaces of previously constructed asphalt concrete or Portland cement concrete and similar surraces. . 2. Apply at a rate of 0.05 to 0.15 gallon per square yard of surface. 3. Apply tack coat by brush to contact surfaces of curbs, gutters, manholes, and other structures projecting into or abutting asphalt concrete pavement. 4. Allow surfaces to dry until material is at condition of tackiness to receive pavement. E. Clean and Repair Pavement Overlay Area 1. Remove loose and foreign material fr~m surface immediately before application of paving. I I I I I I I I I I I I I I I I I I I 02510 - 5 Asphalt Concrete Paving F. Hand Placing 1. Spread, tamp, and finish mixture using hand tools in areas where machine spreading is not possible, as acceptable to Engineer. 2. Place mixture at a rate that will ensure handling and compaction before mixture becomes cooler than acceptable working temperature. G. Joints 1. Carefully make joints between old and new pavements, or between successive days work, to ensure a continuous bond between adjoining work. 2. Construct joints to have same texture, density and smoothness as adjacent sections of asphalt concrete course. 3. Clean contact surfaces free of sand, dirt, or other objectionable material and apply tack coat. 4. Offset transverse joints in succeeding courses not less than 24-inches. 5. Cut back edge of previously placed course to expose an even, vertical surface for full course thickness. 6. Offset longitudinal joints in succeeding courses not less than 6-inches. 7. When the edges of longitudinal joints are irregular, honeycombed, or in<;ldequately compacted, cut back unsatisfactory sections to expose an even, vertical surface for full course thickness. 3.04 Asphaltic Concrete Compaction A. Provide sufficient rollers to obtain the required pavement density. B. Begin rolling operations as soon after placing as the mixture will bear weight of roller without excessive displacement. C. Do not permit heavy equipment, including rollers to stand on finished surface before it has thoroughly cooled or set. D. Compact mixture with hot hand tampers or vibrating plate compactors in areas inaccessible to rollers. E. Start rolling longitudinally at extreme lower side of sections and proceed toward center of pavement. Roll to slightly different lengths on alternate roller runs. F. Do not roll centers of sections first under any circumstances. G. Breakdown Rolling 02/22/07 2302-005\XA02510 I I I I I I I I I I I I I I I I I I I 02510 - 7 Asphalt Concrete Paving B. Protection 1. After final rolling, do not permit vehicular traffic on asphalt concrete pavement until it has cooled and hardened, and in no case no sooner than six hours. 2. Provide barricades and warning devices as required to protect pavement and the general public. C. Maintenance: The Contractor shall maintain the surfaces of pavements until the acceptance of the Project. Maintenance shall include replacement, overlay, milling and reshaping as necessary to prevent raveling of the road material, the preservation of smooth surfaces and the repair of damaged or unsatisfactory surfaces, to the satisfaction of the Engineer. 3.06 Supervision and Approval A. Failure of Pavement: Should any pavement restoration or repairs fail or settle during the life of the Contract, including the bonded period, promptly restore or repair defects. END OF SECTION 02/22/07 2302-005\XA02510 I I I I I I I I I I I I I I I I I I I Part 1 1.01 Part 2 2.01 Part 3 3.01 Section 02601 Testing Piping Systems General Scope A This Section covers the requirements for Contractor's testing gravity and pressure piping systems not specified under other sections. B. Tests shall be performed on, but not limited to, the following: 1. Force Mains 3. All Perforated and Non-Perforated PVC and HOPE Piping Systems C. All tests require the presence of the Engineer. D. If the installation fails to meet test requirements, the Contractor shall, at Contractor's expense, determine the source of leakage and make repairs as necessary to eliminate leakage and retest as directed. E. All costs for the testing shall be borne by the Contractor. F. Advise the Engineer at least 48 hours before tests are to be conducted. Products Miscellaneous All other equipment not particularized herein shall be the best of their particular class and suited for the intended use. Execution General A. If the specified rate of leakage is exceeded, on test, the Contractor shall locate the points of excessive leakage and institute appropriate measure of correction, whereupon the length of pipeline shall be retested and this procedure continued until test requirements are met. B. Unless specified otherwise the following tests shall be performed as directed by Engineer: 1. Hydrostatic Testing a. All leachate force main and HOPE structures. b. All other pressure piping systems as directed. 04/13/07 2302-005\XA02601 I I I I I I I I I I I I I I I I I I I 3.03 02601 - 3 Testing Piping Systems H. Hydrostatic test pressures shall be as follows: System Pressure Test Rating (psi) Non-pressure Leachate Piping 50 Pressure Leachate Piping (force main) 100 Fabricated HOPE & all Manholes Structure filled with water 1. The pressure shall be maintained within a maximum variation of 5 percent during the entire leakage test. 2. Leakage measurements shall not be started until a constant test pressure has been established. 3. The test shall be conducted for a minimum of six hours. I. The tested section will not be accepted if it has a leakage rate in excess of that rate determined by the formula, except that no leakage will be allowed where flanged, socket solvent welded, or butt fusion joints are used: L =0.00027 NOp, in which; L = Maximum permissible leakage rate, in gallons per hour throughout the entire length of line being tested. N = Number of gasketed joints (two for each flexible coupling joint) in the line under test. 0= Nominal internal diameter (in inches) of the pipe. p = The square root of the actual pressure in psig on all joints in the tested portion of the line. This actual pressure shall be determined by finding the difference between the average elevation of all tested pipe joints and the elevation head to the authorized test pressure. Deflection Testing Test HOPE lines for excessive deflection by passing a mandrel through the line with a diameter equal to 75 percent of the nominal inside diameter of HOPE pipe. Excavate and install properly any section of pipe not passing this test. Re-test until results are satisfactory. This test shall be performed within the first 30 days of installation and during final inspection, at the completion of this Contract. END OF SECTION 04/13/07 2302-005\XA02601 I I I I I I I I I I I I I I I I I I I Part 1 1.01 Part 2 2.01 Part 3 3.01 Section (1 )02601 Testing Piping Systems General Scope A This Section covers the requirements for Contractor's testing gravity and pressure piping systems not specified under other sections. B. Tests shall be performed on, but not limited to, the following: 1. Force Mains 3. All Perforated and Non-Perforated PVC and HOPE Piping Systems C. All tests require the presence of the Engineer. D. If the installation fails to meet test requirements, the Contractor shall, at Contractor's expense, determine the source of leakage and make repairs as necessary to eliminate leakage and retest as directed. E. All costs for the testing shall be borne by the Contractor. F. Advise the Engineer at least 48 hours before tests are to be conducted. Products Miscellaneous All other equipment not particularized herein shall be the best of their particular class and suited for the intended use. Execution General A. If the specified rate of leakage is exceeded, on test, the Contractor shall locate the points of excessive leakage and institute appropriate measure of correction, whereupon the length of pipeline shall be retested and this procedure continued until test requirements are met. B. Unless specified otherwise the following tests shall be performed as directed by Engineer: 1. Hydrostatic Testing a. All leachate force main and HOPE structures. b. All other pressure piping systems as directed. 04/13/07 2302-005\XA02601 I I I I I I I I I I I I I I I I I I I 3.03 02601 - 3 Testing Piping Systems H. Hydrostatic test pressures shall be as follows: System Pressure Test Rating (psi) Non-pressure Leachate Piping 50 Pressure Leachate Piping (force main) 100 Fabricated HOPE & all Manholes Structure filled with water 1. The pressure shall be maintained within a maximum variation of 5 percent during the entire leakage test. 2. Leakage measurements shall not be started until a constant test pressure has been established. 3. The test shall be conducted for a minimum of six hours. I. The tested section will not be accepted if it has a leakage rate in excess of that rate determined by the formula, except that no leakage will be allowed where flanged, socket solvent welded, or butt fusion joints are used: L =0.00027 NDp, in which; L = Maximum permissible leakage rate, in gallons per hour throughout the entire length of line being tested. N = Number of gasketed joints (two for each flexible coupling joint) in the line under test. 0= Nominal internal diameter (in inches) of the pipe. p = The square root of the actual pressure in psig on all joints in the tested portion of the line. This actual pressure shall be determined by finding the difference between the average elevation of all tested pipe joints and the elevation head to the authorized test pressure. Deflection Testing Test HOPE lines for excessive deflection by passing a mandrel through the line with a diameter equal to 75 percent of the nominal inside diameter of HOPE pipe. Excavate and install properly any section of pipe not passing this test. Re-test until results are satisfactory. This test shall be performed within the first 30 days of installation and during final inspection, at the completion of this Contract. END OF SECTION 04/13/07 2302-005\XA02601 I I I I I I I I I I I I I I I I I I I Section 02745 High Density Polyethylene Pipe (HOPE) Part 1 General 1.01 Scope This Section covers the materials and the installation of all HOPE leachate piping. 1.02 Quality Assurance A. Polyethylene piping and fittings shall be manufactured to conform to industry standards. Dimensions and workmanship shall be as specified by ASTM F 714. Failure of the Engineer to condemn materials on preliminary inspection shall not be grounds for acceptance if future defects are found. B. The pipe shall contain no recycled compound except that which is generated in the manufacturer's own plant from the same raw material. The pipe shall be homogenous throughout and free of visible cracks, holes, foreign inclusions, or other deleterious defects, and shall be identifiable in. color, density, and other physical properties throughout. C. The Engineer requires certification that the pipe produced is represented by the quality assurance data. Additionally, test results from the manufacturer's testing which show the pipe. does not meet appropriate ASTM standards of manufacturer's representation, will be cause for rejection of the pipe represented by the testing. These tests include density and other measurements from samples taken at selected locations within the pipe wall and thermal stability determinations according to ASTM o 3350, 10.1.9. 1.03 Applicable Publications and Standards A. American Society for Testing and Materials (ASTM Publications) ASTM 0 256 Test Methods For Impact Resistance of Plastics and Electrical Insulating Materials ASTM 0 638 Test Method For Tensile Properties of Plastics ASTM 0 696 Test Method For Coefficient of Line at Thermal Expansion of Plastics ASTM 0746 Test Method For Brittleness Temperature of Plastics and Elastomers By Impact ASTM 0 1238 Test Method For Flow Rates of Thermoplastics By Extrusion Plastometer ASTM 0 1248 Polyethylene Plastics Molding and Extrusion Materials 02/22/07 2302-005\XA02745 I I I I I I I I I I I I I I I I I I I 02745 - 3 High Density Polyethylene Pipe (HOPE) this Section and at the Owner's expense may take random samples for testing by an independent laboratory. Refer to Article 1.02, paragraph A.3. of this Section. Part 2 Products 2.01 Pipe Schedule Function Type Minimum Pipe Length SDR Diameter, inches Leachate Pipe - Perforated 6 Polyethylene 40 Feet, Smooth Wall 11 Leachate Pipe - Solid 4 Polyethylene 40 Feet, Smooth Wall 17 Leachate Pipe - Solid 8 Polyethylene 40 Feet, Smooth Wall 11 2.02 Perforated and Non-Perforated Polyethylene (PE) Pipe A. Pipe and Fittings Resin: The pipe supplied under this Section shall be high performance, very high molecular weight, high density polyethylene pipe. The fittings supplied under this Section shall be molded or manufactured from a polyethylene compound having a cell classification equal to or exceeding the compound used in the pipe. B. Resin physical properties shall be equivalent to those described in the typical physical properties sheet as follows: Typical Physical Properties Property Test Method Unit Value Density ASTM D 1505 gms/cc 0.955 Environmental Stress Cracking Resistance Conditions A, B & C ASTM D 1693 OF, hours >5,000 Compressed Ring, OF ASTM F 1248 OF, hours >3,500 Ultimate Tensile Strength, Type IV ASTM D 638 psi 5,000 Specimen (2"/min.) Yield Tensile Strength, Type IV Specimen ASTM D 638 psi 3,200 (2"/min.) Elongation at Break, Type IV Specimen ASTM D 638 % >600 (2"/min.) Impact Strength, Specimen Thickness ASTM D 256 ft.lbs./inch >12 0.125" Vicat Softening Temperature ASTM D 1525 OF 257 Brittleness Temperature ASTM D 746 OF <-180 Flexural Modulus ASTM D 3350 psi 125,000 02/22/07 2302-005\XA02745 I I I I I I I I I I I I I I I I I I I 02745 - 5 High Density Polyethylene Pipe (HOPE) Part 3 Execution 3.01 Pipe Installation A. All HOPE pipe material shall be installed in accordance with the manufacturer's recommendations and the requirements of these Specifications. B. Perforations shall be constructed by the manufacturer as detailed in the Drawings no field perforating will be allowed. Perforated leachate pipe shall be laid in the trench as detailed on the Drawings. The Engineer shall be allowed to review the perforated leachate pipe prior to backfill and prior to acceptance for payment. C. The pipe interior shall be kept clean before and after laying. Pipe shall be kept clean before installation by proper storage and handling. After installation by proper storage and handling, pipe shall be encapsulated in geotextile fabric and covered with stone. Any open pipe ends shall be plugged and covered with clean fabric. D. Force mains shall be layed on a positive grade to minimize the number of air release manholes. The minimum cover on the force main shall be four feet. 3.02 Handling of Pipe Pipe shall be stored on clean, level ground to prevent undue scratching and gouging of the pipe. Polyethylene pipe shall be protected from direct sunlight. If the pipe must be stacked for storage, such stacking shall be done in accordance with the pipe manufacturer's recommendations. The handling of polyethylene pipe shall be done in such a manner that it is not damaged by dragging over sharp objects or cut by chokers or lifting equipment. 3.03 Repair of Damaged Sections Polyethylene Pipe (HOPE): Sections of polyethylene pipe having cuts or gouges in excess of 10 percent of the wall thickness of the pipe shall be removed. New polyethylene pipe section shall be rejoined using the butt fusion joining method. It is the Engineer's intent to reduce the number of joints. The Engineer shall reject pipe installations, where in the Engineer's opinion, installation methodology of Contractor does not meet this objective. 3.04 Pipe Joining A. Perforated and Non-Perforated Leachate Pipe (HOPE): Sections of polyethylene pipe and fittings shall be joined into continuous lengths on the job site above ground. The joining method shall be the butt fusion method and shall be performed by qualified persons and in strict accordance with the pipe manufacturer's recommendations. The butt fusion equipment used in the joining procedures shall be capable of meeting all conditions recommended by the pipe manufacturer, including, but not limited to, temperature requirements, alignment and fusion pressures. 02/22/07 2302-005\XA02745 I I I I I I I I I I I I I I I I I I I Section 02776 Geomembranes Part 1 General 1.01 Scope A. This Section includes the work required to furnish and install high density polyethylene (HOPE) geomembrane lining system where shown within the landfill cell on the Drawings. All work shall be performed in strict accordance with the Drawings, Specifications, and the methods approved by the geomembrane manufacturer. B. Only textured geomembrane will be used on this Project. C. Sufficient geomembrane material shall be provided to cover all areas as shown on the Drawings, including overlaps at field seams and anchor trenches. D. It is the intent of these Specifications to ensure installation of a geomembrane without any known defect, and in intimate contact with the underlying liner base. It shall be the responsibility of the Contractor to ensure that this requirement is met. 1.02 Quality Assurance Testing and Submittals A. High Density Polyethylene (HOPE) Geomembrane 1. The Contractor shall submit, prior to shipping the geomembrane, a statement identifying the HOPE resin supplier, resin properties, resin production plant, resin brand name, and resin production date. The statement shall also indicate that no reclaimed polymer has been added to the resin. Resin properties must meet the requirements of Table 1. Additionally, the Contractor shall submit a material properties sheet including all specified properties and a certification that all specified properties are guaranteed by the geomembrane manufacturer. Sheet properties must meet the material requirements in Table 2. The Contractor shall submit a description and quantity of geomembrane additives. 2. The Contractor shall submit a manufacturer's quality control (MOC) program to the Engineer at least 21 days prior to shipping the geomembrane rolls to the site. As a minimum the Contractor shall utilize the services of a testing laboratory approved by the Engineer to perform the MOC tests outlined in Table 2 of this Section. MOC certificates reporting the test results shall be submitted to the Engineer prior to delivery of the geomembrane to the site, except for the Stress Crack Test. The Engineer reserves the right to stop installation until proper certification is submitted and determined acceptable for use. 3. Stress Crack Test (ASTM 0 5397) results shall be submitted to the Engineer within 65 days of delivering the geomembrane to the site. 4. All field seam destructive and non-destructive testing shall be performed by the Contractor. Seam samples for destructive laboratory testing will be taken by the Contractor for testing at the Owner's laboratory. The Contractor may, at its 01/26/072302-005\XA02776 I I I I I I I I I I I I I I I I I I I Part 2 2.01 2.02 Part 3 3.01 02776 - 3 Geomembranes Products High Density Polyethylene (HOPE) Geomembrane Liner A. The geomembrane shall be HOPE material manufactured of new, first-quality products designed and manufactured for the purpose of municipal waste leachate containment in sanitary landfills. B. The geomembrane shall be so produced as to be free of holes, blisters, undisbursed raw materials or any sign of contamination by foreign matter. Any such defects shall be repaired in accordance with the manufacturer's recommendations. The Engineer may reject all or portions of units (or rolls) of liner if significant quantities of production flaws are observed. C. The geomembrane shall meet the material properties as specified in Table 2. Handling and Storage A. The geomembrane shall be shipped in accordance with the manufacturer's recommendations. Folded or otherwise creased liner will not be accepted. The geomembrane shall be marked and tagged with the following information: 1. Manufacturer's name 2. Product identification 3. Lot number or batch number 4. Roll number 5. Roll dimensions B. Geomembrane which have been delivered to the Project site shall be stored in accordance with the manufacturer's written recommendations. C. Care shall be taken to keep the materials clean and free from debris prior to installation. D. Any geomembrane not properly stored on the Project site may be rejected by the Engineer. Execution Liner Base Preparation A. Geomembrane installation shall not begin until the liner base has been prepared in accordance with Section 02200 of these Specifications if necessary. No rubber tired 01/26/07 2302-005\XA02776 I I I I I I I I I I I I I I I I I I I 3.03 02776 - 5 Geomembranes the site at the Contractor's expense. The Contractor will retain all ownership and responsibility for the geomembrane until acceptance by the Owner and the Georgia EPD. . 9. The thickness of any geomembrane panel shall be determined by making five individual observations of thickness along the long edge of the panel. The thickness shall be equal to or greater than the minimum value on Table 2. 10. The Contractor shall direct surface water away from the geomembrane edges, openings, and incomplete seams. Any water flow under the geomembrane shall be removed, and the liner base repaired, if so directed by the Engineer. Field Seaming A. High Density Polyethylene (HOPE) Geomembrane 1. General a. All foreign matter (dirt, water, oil, etc.) shall be removed from the area to be seamed. If the seam is to be bonded by the extrusion process, the bonding surfaces must be thoroughly cleaned by mechanical abrasion as recommended by the manufacturer to remove surface cure and prepare the surfaces for bonding. No solvents shall be used to clean the geomembrane. b. In. general, field seaming should work toward an open liner end in order to minimize cutting and patching of large wrinkles that become trapped. Seams shall be located in substantial accordance to the pre-construction panel layout drawing. When seaming the side slopes, seaming shall start at the crest of the slope and work down the slope. Tack welds, if used, shall use heat only; no double-sided tape, glue or other method will be permitted. The geomembrane shall be seamed completely to the ends of all panels to minimize the potential of tear propagation alo.ng the seam. Seaming of the bottom geomembrane to the sidewall geomembrane shall be conducted when conditions minimize thermal expansion effects. The completed geomembrane shall not exhibit "trampolining" or "bridging" and shall be in full contact with the underlying liner ba$e. c. At the end of each day or installation segment, the geomembrane, including unseamed edges and un patched openings, shall be anchored and secured against damage by wind, rain or other effects of weather. All unseamed edges shall be anchored by sand bags or other approved devices as necessary. Sand bags securing the geomembrane on the side slopes should, if necessary, be connected, by a rope fastened at the top of the slope by a temporary anchor. Staples, U-shaped rods or other penetrating anchors shall not be used to secure the geomembrane. The methodology and execution of temporary anchoring and protection of the geomembrane is fully the responsibility of the Contractor. Any material or 01/26/07 2302-005\XA02776 I I I I I I I I I I I I I I I I I I I 02776 - 7 Geomembranes g. No seaming shall be attempted above 40 degrees C (104 degrees F) ambient air temperature. Below 5 degrees C (41 degrees F) ambient air temperature, preheating of the geomembrane may be required. It shall be the responsibility of the Contractor to demonstrate that conditions are favorable for seaming by acceptable test (start-up) seams which duplicate, as closely as possible, actual field conditions. Preheating may be achieved by natural and/or artificial means (shelters and heating devices). h. A moveable protective layer of plastic may be placed directly below each overlap of geomembrane that is to be seamed. This is to prevent any moisture build-up between the sheets to be welded. No material may be left between the geomembrane and the liner base material. i. Seaming shall extend to the outside edge of panels to be placed in anchor trenches. j. A firm substrata may be provided by using a flat board, a conveyor belt, or similar hard surface directly under the seam overlap to achieve proper support for seaming devices. No material may be left between the geomembrane and the liner base material. k. Grinding prior to welding shall be performed as recommended by the geomembrane manufacturer and shall be done perpendicular to the sheet edge. Overground or improperly ground areas shall be replaced at the Contractor's expense. I. No folds, wrinkles or "fish-mouths" shall be allowed within the seam area. Where wrinkles or folds occur, the material shall be cut, overlapped and an extrusion-weld ~hall be applied. During. wrinkle or fold repairs, adjacent geomembrane may not necessarily be required to meet the minimum overlap, if approved by the Engineer. All welds on completion of the work shall be tightly bonded and sealed. 3.04 Inspection and Testing of HOPE Geomembrane Seams A. General: A quality control technician, employed by the CQA Engineer, shall inspect each sheet and seam. Any area showing a defect shall be marked and repaired in. accordance with HOPE repair procedures. B. Test Seams by Contractor: Test seams shall be made on fragment pieces of geomembrane to verify that seaming conditions are adequate. Such test seams will be made prior to field seaming at the beginning of each seaming period and at least twice per day, for each seaming apparatus used that day. Also, each seaming technician will make at least one test seam each day worked. 1. The test seam sample shall be at least 1.5 m (5 feet) long x 0.3 m (1 foot) wide with the seam centered lengthwise. Six adjoining specimens 25 mm (1-inch) wide each shall be die cut from the test seam sample. These specimens, which 01/26/07 2302-005\XA02776 I I I I I I I I I I I I I I I I I I I 02776 - 9 Geomembranes 3. Destructive Testing by the Contractor a. The Contractor shall obtain seam samples from locations selected by the CQA Engineer. The Contractor shall complete field destructive tests on a portion of each sample. If the Contractor's test indicates that the seam meets this specification, the CQA Engineer shall conduct a laboratory destructive test. b. Laboratory destructive testing by the Contractor is not required, but may be performed at the Contractor's option. c. The CQA Engineer shall observe all seam field test procedures. The remainder of the successful seam sample will be assigned a number and marked accordingly by the CQA Engineer, who will also log the date, seam number, approximate location in the seam, and field test pass-or-fail description, if applicable. The CQA Engineer shall be responsible for the archive specimen. 4. Destructive Testing by CQA Engineer a. Destructive testing will be performed on an average of every 500 linear feet of field seam, or more frequently if deemed necessary by the CQA Engineer. A field seam weld is defined as an extrusion or fusion weld that permanently bonds two pieces of geomembrane material. Rain flaps are. considered temporary. The locations will be selected by the CQA Engineer. Sufficient size samples will be obtained by the Contractor to provide one sample to the Owner's archive, one sample to the CQA Engineer for laboratory testing, and one or two samples to be retained by the Contractor for field testing and, at the Contractor's option, laboratory testing. b. Testing requirements are as follows: Each sample shall be large enough to test five specimens in peel and five specimens in shear, except that five peel specimens are required for each track of a double track fusion seam. Test results will be compared to the criteria in Article 3.04,. Paragraphs C.4.f., g., h., and i. Four of the five specimen test results must meet the criteria in Article 3.04, Paragraphs C.4.f., g., h., and i. for the seam to be considered a passing seam. If the average of the five specimens is adequate, but one of the specimens is below the specified minimum average, values for this one specimen must be at least 80 percent of the specified minimum average value required for the seam. A maximum of. one non-film tear bond failure out of five tests is acceptable provided the non-film tear bond specimen meets strength requirements. c. If unresolved discrepancies exist between the CQA Engineer's and Contractor's test results, the archived sample may be tested by the CQA Engineer. The CQA Engineer's test results shall take precedence in any discrepancy. 01/26/07 2302-005\XA02776 I I I I I I I I I I I I I I I I I I I 3.05 3.06 02776 - 11 Geomembranes ii. Yield strength for the seam is not less than 95 percent of the specified minimum tensile strength at yield for the parent material; iii. Yield strain for the seam is at least 10 percent; and iv Break strain for the seam is at least 50 percent. j. If accumulated seam destructive test failures exceed one per every 20 tests or increments thereof for welds performed under the operating conditions set forth in these Specifications, the Owner will deduct, for each failure exceeding 1 in 20, $2,000.00 from the lining installer's contract as reimbursement for costs of retesting, extra time for CQA inspections, and Project delay. Repair of Damaged and Sampled Areas A. High Density Polyethylene (HOPE) Geomembrane Liner: Damaged and sample coupon areas of geomembrane shall be repaired by the Contractor by construction of a patch or cap strip. No repairs shall be made to seams by application of an extrusion bead to a seam edge previously welded by fusion or extrusion methods. Welding the "flap" of a failed fusion weld is not an acceptable repair method. Repaired areas shall be non-destructively tested for seam integrity. Liner patches, not resulting from destructive test sampling, and greater than 10 square feet in area, are subject to destructive testing at the CQA Engineer's option. Wrinkles, which are high enough, in the CQA Engineer's opinion, to fold over when covered shall be repaired to the satisfaction of the CQA Engineer. Damaged materials are the property of the Contractor and shall be removed from the site at the Contractor's expense. The Contractor shall retain all ownership and responsibility for the geomembrane until Final Acceptance of the Project. Acceptance A. HOPE Geomembrane Lining System Acceptance: The Contractor shall retain ownership and responsibility for the geomembrane lining system until acceptance by the Owner and Georgia EPD. B. Acceptance of the geomembrane lining system shall be based on, but not limited to: 1. The installation being complete as determined by the Engineer; 2. Verification of the adequacy of all seams and repairs, including associated testing, is complete; 3. All documentation of installation is completed, including all reports; 4. The Contractor provides the Owner with record drawings of the panel layout and seam locations with reference numbers for test locations. 01/26/07 2302-005\XA02776 .. I I I I I I I I I I I I I I I I I I I 02776 - 13 Geomembranes Table 1 High Density Polyethylene Resin Properties Resin Requirements Method Units Smooth Textured 30-120 mil 30-120 mil Melt Index ASTM 01238 g/10 min <1 < 1 Oensity ASTM 01505 or Gm/cc > .932 > .932 ASTM 0792 Notes: 1. The resin manufacturer shall test each batch of resin (200,000 pounds) as specified above. 2. The geomembrane manufacturer shall independently test the Melt Index and Density of each batch of resin received. 01/26/07 2302-005\XA02776 I I I I I I I I I I I I I I I I I I I Section 02778 Geotextile Part 1 General 1.01 Scope A. This Section includes the work required to furnish and install non-woven geotextile where shown within the landfill cell on the Drawings. All work shall be performed in strict accordance with the Drawings, Specifications, and the methods approved by the geotextile manufacturer. B. Sufficient geotextile material shall be provided to cover all areas as shown on the Drawings, including overlaps at field seams and anchor trenches. 1.02 Quality Assurance Testing and Submittals A. The Geotextile Manufacturer shall submit certification that all materials manufactured for the project have been produced in accordance with these Specifications. Specifically, geotextile used for filtration and cushion applications must meet the requirements of Tables 1 and 2, respectively. Geotextile roll quality control certificates shall be submitted for each 100,000 square feet of geotextile installed. This information shall be submitted for review prior to material delivery. The CQA Engineer reserves the right to stop installation until proper certification is submitted and determined acceptable for use. B. The Geotextile Manufacturer shall submit a statement that needle-punched geotextiles have been Continuously inspected for broken needles using an in-line metal detector. The Manufacturer shall certify that the material is substantially free of broken needles and shall define "substantially". C. The Contractor shall submit to the CQA Engineer inventory tickets, roll numbers or batch identifications, packing papers and invoices for the geotextile used. D. The CQA Engineer will obtain samples of the geotextile prior to installation, at a rate of at least one per 100,000 square feet of material to be used. These samples will be submitted for conformance testing at. a laboratory accredited by the Geosynthetic Accreditation Institute's Laboratory Accreditation Program. The laboratory shall be selected by, and paid by, the Owner. Geotextile conformance tests shall be as follows: 1. Mass per unit area, 2. Grab tensile strength, 3. Puncture resistance. 4. Apparent opening size (filter applications only) Test results shall meet the requirements listed in Tables 1 and 2. 01/26/07 2302-005\XA02778 I I I I I I I I I I I I I I I I I I I 02778 - 3 Geotextile Part 3 Execution 3.01 Installation A. Geotextile panels shall be handled and placed in such a manner as to ensure that they are not damaged and that the deployment process does not damage any underlying layers. B. In the presence of wind, geotextile materials shall be weighted with sandbags until final covers are installed. C. Personnel working on the geotextile shall not smoke, wear damaging shoes, or engage in other activities which could damage the rylaterial. Any such damage to the geotextile or other geosynthetic layers resulting from such activities shall be repaired by and at the expense of the Contractor. D. Geotextile panels shall be deployed in such a manner as to minimize wrinkles and folds. E. Geotextile panels on slopes greater than 10 percent shall extend from the anchor trench to a minimum of five feet beyond the toe of slope without cross seams. F. Minimize slippage of the geotextile and assure that no tensile stress is induced in the material. G. Geotextile shall be cut using only a geotextile cutter approved by the geotextile Manufacturer and the CQA Engineer. Special care shall be taken to protect other geosynthetic materials (if any) from damage which could be caused by the cutting of the geotextile. H. After installation, an examination of the geotextile over the entire surface shall be conducted to ensure that no potentially harmful foreign objects, such as needles, are present. Any foreign objects so encountered shall be removed by the Contractor, or the geotextile shall be replaced. .3.02 Field Seaming A. Geotextiles may be seamed by overlapping six inches and bonding thermally on a continuous basis or by sewing. Only continuous sewing shall be allowed on slopes steeper than 1 0 percent. B. If seams are sewn, thread shall be of polymeric material having similar chemical resistance to the geotextile. If the geotextile is to be exposed for more than 30 days, the thread shall have ultraviolet resistance equal to or exceeding that of the geotextile. C. The Contractor shall take measures to prevent soil, granular materials, or foreign materials from entering or becoming trapped beneath the geotextile during placement and seaming operations. 01/26/07 2302-005\XA02778 I I I I I I I I I I I I I I I I I I I 02778 - 5 Geotextile TABLE 1 MINIMUM STANDARDS FOR NON-WOVEN GEOTEXTILE MATERIALS FILTRATION APPLICATION Values Property ASTM Test Method Units Qualifier 6 oz. 10 oz. 12 oz. 16 oz. Apparent Opening Size D 4781 Sieve Size Range 60-70 70-100 70-100 100 Permittivity D 4491 I/sec min. 1.7 1.07 0.8 0.53 Thickness D 1777 mils min. 65 110 130 169 Mass per Unit Area D3776 ozlyd2 min. 5.7 10 12 16 Trapezoidal Tear D 4533 Ibs min. 60 95 100 120 Strength Grab Strength D 4632 Ibs min. 150 270 275 340 Puncture Strength D 4833 Ibs min. 75 140 135 160 Mullen Burst Strength D 3786 psi min. 275 450 500 550 Ultraviolet Resistance D 4355 % avg. 70 70 70 70 strength retained Wide Width D 4595 Tensile Strength MD Ib/in min. 60 90 110 140 XD Ib/in min. 42 100 120 140 01/26/07 2302-005\XA02778 I I I I I I I I I I I I I I I I. I I I Part 1 1.01 1.02 1.03 Section 02779 Geosynthetic Drainage Nets and Composites General Scope A. This Section includes the work required to furnish and install geosynthetic drainage nets (geonets) and geocomposites where shown within the landfill cell on the Drawings. All work shall be performed in strict accordance with the Drawings, Specifications, and the methods approved by the geonet manufacturer. B. Sufficient geosynthetic drainage material shall be provided to cover all areas as shown on the Drawings, including overlaps at field seams and anchor trenches. c. References to geosynthetic drainage material in this specification are intended to refer to geonets, geocomposites, or both, as appropriate. Quality Assurance Testing and Submittals A. The Geosynthetics ManufaCturer shall submit certification that all materials manufactured for the project have been produced in accordance with these Specifications. B. The Geosynthetics Manufacturer shall submit results of quality control testing of the geosynthetic drainage material at a rate of at least one per 100,000 square feet of material to be used. Required material property tests and minimum acceptable property values are given in Table 1. c. The CQA Engineer shall monitor geosynthetic drainage material installation for conformance with the Drawings and Specifications. Handling and Storage A. The geosynthetic drainage material shall be shipped in accordance with the manufacturer's recommendations. B. The geosynthetic drainage material shall be supplied in rolls wrapped in protective covers'and marked or tagged with the following information: 1. Manufacturer's name 2. Product identification 3. Lot or batch number 4. Roll number 5. Roll dimensions 02/22/07 2302-005\XA02779 I I I I I I I I I I I I I I I I I I I 02779 - 3 Geosynthetic Drainage Nets and Composites Part 3 Execution 3.01 Installation A. Geosynthetic drainage material panels shall be handled and placed in such a manner as to ensure that they are not damaged and that the deployment process does not damage any underlying layers. Any such damage shall be repaired by the Contractor and at no expense to the Owner. B. Geosynthetic drainage material shall not be deployed during precipitation events or on slopes with frost accumulation. C. Geosynthetic drainage material shall be deployed in such a manner as to preclude wrinkles and folds which would impair drainage capacity. D. In the presence of wind, geosynthetic drainage materials shall be weighted with sandbags until final cover material is installed. E. Geosynthetic drainage materials on slopes shall extend to a minimum of five feet beyond the toe of slope. Cross seams on slopes greater than 10 percent are not allowed. F. Geosynthetic drainage material shall not be welded to geomembrane. G. Geosynthetic drainage material shall be cut using cutters approved by the CQA Engineer. Special care shall be taken to protect other geosynthetic materials (if any) from damage which could be caused by the cutting of the geosynthetic drain. H. All components of the geosynthetic lining system, including geomembranes, geotextiles, and geosynthetic drains shall be kept free of mud, dust, dirt, and debris that could damage the geomembrane or contribute to clogging of the geosynthetic drainage material. I. Personnel working on the geosynthetic drainage material shall not smoke, wear damaging shoes, or engage in other activities which could damage the, material. Any such damage to the geosynthetic drainage material or other geosynthetic layers resulting from such activities shall be repaired by the Contractor and at no expense to the Owner. J. Following installation of the geosynthetic drainage material, an examination of the entire surface shall be conducted to ensure that no potentially harmful foreign objects are present. Any foreign object so encountered shall be removed by the Contractor, or the geosynthetic drainage material shall be replaced. 3.02 Joining A. Adjacent geosynthetic drainage panels shall be joined as shown on the Drawings and as specified herein. At a minimum, the following requirements shall be met: 02/22/07 2302-005\XA02779 I I I I I I I I I I I I I I I I I I I 02779 - 5 Geosynthetic Drainage Nets and Composites 2. Minimal slippage of the geosynthetic drainage material on underlying layers occurs; 3. No excess tensile stresses occur in the geosynthetic drainage material. B. Soil shall never be placed in direct contact with a geonet. Geonets shall be separated from soil materials by a geomembrane or a geotextile. 3.05 Acceptance A. The Contractor shall retain ownership and responsibility for the geosynthetic drainage 'layer until acceptance by the Owner and the Georgia EPD. . B. Acceptance of the geosynthetic drainage layer shall be based on, but not limited to, the following: 1. The installation is complete as determined by the CQA Engineer; 2. All documentation of installa~ion is completed, including all reports; 3. The Contractor provides written certification that the installation was in accordance with the manufacturer's general recommendations and these Specifications, except as noted; 4. All test results and documentation have been reviewed, accepted, and approved by the Georgia EPD. 02/22/07 2302-005\XA02779