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HomeMy WebLinkAboutDean's Bridge Road MSW Landfill Augusta Richmond GA DOCUMENT NAME: da:>.t\';) &\d~ ~ ~ w.rO-n\ \ DOCUMENTTYPE:~~~~ YEAR: CD, BOX NUMBER: \ \ FILE NUMBER: \~~~ NUMBER OF PAGES: \'~ I ,. ~.Y" -#- /~e:l~ I I I I I Contract Documents and Specifications . . for Dean's Bridge Road MSW Landfill Phases liB & IIC Grassing Augusta-Richmond County Bid Item 00-097 A Closing Date August 30, 2000 Prepared by Department of Public Works & Engineering Engineering Division June 2000 I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS Page Invitation to Bid Instructions to Bidders 00010-1 00100-1 Bidding Requirements and Documents Bid Bid Bond Partnership Certificate Corporate Certificate Noncollusion Affidavit of Prime Bidder Noncollusion Affidavit of Subcontractor 00200-1 00310-1 00320-1 00330-1 00340-1 00350-1 Contract Documents Contract Performance Bond Payment Bond 00400-1 00510-1 00520-1 Notice of Award Notice to Proceed Certificate of Owner's Attorney 00530-1 00540-1 00550-1 Contract Regulations General Conditions Supplemental General Conditions 00600-1 00700-1 Detailed Specifications Occupancy Coordination of Work Grades, Lines and Levels Regulatory Requirements Preconstruction Conference Progress Meetings Construction Scheduling Construction Facilities Temporary Utilities Job Site Security Dust Control Transportation and Handling Storage and Protection Cleanup 01010-1 01020-1 01030-1 01110-1 01210-1 01220-1 01230-1 01240-1 01250-1 01260-1 01270-1 01280-1 01290-1 01310-1 Landfill Grassing/6-16-00 1 I I Page I Project Record Documents 01320-1 Warranties and Bonds 01330-1 I Clearing and Grubbing 02010-1 Temporary Erosion Control 02020-1 I Grassing 02100-1 I I I I I I I I I I I I I landfill Grasslng/6-16-00 2 I I I I I I I I I I I I I I I I I I INVITATION TO BID Augusta-Richmond County. Georaia (Owner) Separate sealed Bids, in duplicate, for furnishing of all materials labor, tools, equipment, and appurtenances necessary for Bid Item #00-097 A, Dean's Bridge Road MSW Landfill Grassing, will be received by the Owner at the offices of Geri Sams, the Augusta-Richmond County Purchasing Department, 530 Greene Street, Room 60S, Augusta, GA 30911, until 3:00 p.m. local time on August 30, 2000, and then at said office publicly opened and read aloud. The project consists of the following: An approximately 6-acre landfill side slopes and top grassing and appurtenances. Each prospective bidder must be selected by Augusta-Richmond County specifically for this project and have been notified by the County of their selection. A mandatory prebid conference and site visit will be held at Augusta-Richmond County Purchasing Department, 530 Greene Street, Room 60S, Augusta, Georgia 30911 on August 10, 2000 at 2:00 p.m. All selected bidders must attend the prebid conference and site visit to acquaint themselves with the site and scope of work. Copies of the Contract Documents and Specifications will be available from the Purchasing Department. Only selected bidders will be allowed to attend the meeting. Any selected bidder that does not attend the prebid conference and site visit will be disqualified from bidding and their bids will not be accepted. After the Prebid Conference, the Instructions to Bidders, Form of Bid, Form of Contract, Forms of Bid Bond, Performance Bond, Payment Bond, Specifications, and other Contract Documents may be examined during business hours at the following: Augusta-Richmond County Solid Waste Facility 4330 Deans Bridge Road No partial sets of documents will be provided. Award, if award is made, will be to the lowest responsive, responsible bidder on the lump sum bid per the bid proposal form. - Each Bid must be accompanied by a cashier's check on a duly authorized bank, a 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, - . - Landfill Grassing/7.25..Q0 00010-1 - I I I I I I I I I I I I I I I 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 ninety (90) 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 Owner. Each sealed envelope containing a Bid must be plainly marked on the outside as, "Bid Item #00-097A, Bid for Dean's Bridge Road MSW Landfill Grassing." If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the Owner. 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 unopened. 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. Bidders are cautioned that sequestration of bidding documents through any source other than the office of the Purchasing Department is not advisable. Acquistion of bidding documents from unauthorized sources placed 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 a satisfactory Performance Bond and Payment Bond in the amount of 100% of the Bid. It is the wish of the Owner that minority businesses be given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. Landfill Grassing/7 -25-00 00010-2 I I I I I I I I I I I I I I I I I I I No Bidder may withdraw his Bid within ninety (90) days after the actual date of the opening thereof. OWNER: AUGUSTA-RICHMOND COUNTY, GEORGIA (Date) Landfill GrassingJ7-25-00 00010-3 I I I I I I I I I I I I I I I I 2. 3. . . . - INSTRUCTIONS TO BIDDERS 1. ReceiDt and ODenine of Bids Augusta-Richmond County, Georgia (herein called the "Owner"), invites Bids from the selected bidders on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at Augusta Richmond County Purchasing Department, 530 Greene Street, Room 605, Augusta, GA 30911, until 3:00 p.m. local time, on August 30, 2000 and then at said place publicly opened and read aloud. 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 90 days after the actual date of the opening thereof. PreDaration of Bid Each Bid must be submitted on the Bid for Contract forms bound in 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 and executed when submitted. Each Bid 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 #00-097 A, Bid for Dean's Bridge Road MSW Landfill Grassing." If forwarded by mail, the 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. 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 unopened. 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. Landfill Grassingl7-25-00 00100-1 - - . - I I I I I I I I I - 4. 5. I I I I I I I I I I . 6. 7. Telearaohic 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. Method of Bidding 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 (Le., 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 Specifications as provided for under "General Conditions" and "Supplementary Conditions." Qualifications of Bidder The Owner may make such investigations as he deems 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 request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional Bids will not be accepted. 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 Landfill Grassing/6-16-00 00100-2 I I I I I I I I I I I I I I I I 8. 9. 10. 11. . . - - - 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 90 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. Liauidated Damages for Failure to Enter into Contract The successful Bidder, upon his failure or refusal to execute and deliver the Contract and Bonds 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. Time for Comoletion and Liauidated Damaaes 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 45 consecutive calendar days thereafter. Bidder must agree also to pay as liquidated damages the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 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. Addenda and Interoretations No interpretation of the meaning of the Specifications, or other prebid documents will be made to any Bidder orally. Every request for such interpretation should be in writing addressed to Purchasing Director, Augusta-Richmond County, Room605, 530 Greene' Street, Augusta, Georgia 30911, and to be given consideration must be received at least five (7) days prior to the date fixed for the opening of Bids. 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 faxed and later mailed by certified mail with return receipt requested Landfill Grassing/6-16-00 00100-3 - I I I I I I I I I I I I I I 12. 13. 14. 15. . . - - - - 16. to all prospective Bidders (at the respective addresses furnished for such purposes), not later than three (3) 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. Security for Faithful Performance Simultaneously with his delivery of the executed Contract, the Contractor shall furnish a surety Bond or Bonds 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 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. Power of Attorney Attomeys-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. Notice of Soecial 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 Laws and Regulations 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. Obligation 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 Contract Documents (including all addenda). The failure or omission of Landfill Grassing/6-16-00 00100-4 I I I I I I I I I I I I 17. 18. . . . . - - any Bidder to examine any form, instrument, or document shall in no way relieve any Bidder from any obligation in respect to his Bid. 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. Method of Award - Lowest Qualified Bidder The Contract will be awarded to the responsive, responsible Bidder submitting the lowest Bid complying with the conditions of the Invitation to Bid. Award will be made on the basis of the prices given in the Base Bid plus schedule of values. 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 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. This requirement applies to the Bidder where the Bidder is a division of a corporation, or where the Bidder is 50 percent (50%) or more owned by a person, corporation, or firm. Landfill Grassing/6-16-00 00100-5 I I I I I I I I I I I I I I I I - (b) The Bidder shall demonstrate that he has adequate landscape management experience and sufficient equipment resources to properly perform the work under and in conformance with these Contract Documents. This evaluation will be based upon a list of completed or active projects and a list of equipment available to the Bidder to perform the work. (c) The Bidder shall demonstrate that he is familiar with the work under these Contract Documents. This evaluation will be based upon a list of major equipment items the Bidder proposes to furnish and a list of subcontractors the Bidder proposes to use in prosecuting the work. (d) The Bidder shall demonstrate that he has financial resources of sufficient strength to meet the obligations incident to the performance of the work covered by these Contract Documents. The Bidder shall complete the Statement of Bidder's Qualifications in the Bid Proposal form. (f) The Bidder shall furnish all data required by these Contract Documents. Failure to do so may result in the Bid being declared nonresponsive. Acceptance of the Bidder's documentation and substantiation or Contract Award by the Owner does not relieve the Bidder of liability for nonperformance as covered in the Contract Documents, nor will the Bidder be exempted from any other legal recourse the Owner may elect to pursue. 19. Emolovment of Local Labor Preference in employment on the project shall, insofar as practicable, be given to qualified local labor. ** END OF SECTION ** Landfill Grassing/6-16-00 00100-6 I I I I I I I I I I I I I I I I I I I BID Project Description: Proposal of (hereinafter called "Bidder'), doin To Augusta-Richmond County (hereinafter called "Owner"). Gentlemen: The Bidder, in compliance with your Invitation to Bid for landfill grassing project having examined the Specifications with related documents and the site of the proposed work, and being familiar with all conditions surrounding the proposed grassing project including the availability of materials, labor, equipment and water, 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 45 consecutive calendar days thereafter as stipulated in the Specifications. Bidder further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. ' Bidder acknowledges receipt of the following addenda: if- I B(J..cJ2- ~ rj.,&- ,,'r-~~~ ~- at ~~ ,~ ~\& ~~. B~..& .~ .~~ ~"f..c=-,\ ~ ~~ ~~~~ ry'~ ,~ ~l Base Bid: Bidder agrees to perform all the work of the Dean's Bridge Road MSW Landfill, Phases II B & IIC (6-acre area) Grassing complete with appurtenant and accessory work described in the Specifications and shown on site visit within 45 consecutive calendar days for the lump sum amount of: Total Base Bid* ~ 1J...()W:'.J.~..,J~ ~ dollars ($ tj 0 D C (") ). . Landfill Grassing/7 -26-00 00200-1 I I I I I I I I I I I I I I I I I I . - CONTRACTOR's Schedule of Values For changes in quantities (add or deduct) of the following work items directed by the Engineer in writing, the following unit prices are bid below. Changes in quantities required to accommodate equipment as bid have been reflected in the Price Bid and shall not be subject to adjustment. Unit prices listed here will include all material, labor, testing, taxes, and any other cost required to provide a complete and established grassing. These unit prices must be shown. The Owner reserves the right to negotiate or reject any unit price listed for changes in work prior to execution of the Agreement if, in the opinion of the Owner, the unit prices listed do not reflect fair and competitive prices for the work or at the time any extra work is executed. Dollars and Cents &-l1D$/ DtJ ("~r/fRiJ i I/1At $".'( ~ ~ The Bid stated hereinbefore shall include all labor, materials, bailing, shoring, removal. overhead, profit, insurance, etc" to cover the finished work of the several kinds called for, Selected subcontractor's forms must be completed and accompany the Bid. CONTRACTOR's SCHEDULE OF VALUES Item No. Description Unit 1, Removal of unsuitable material and C.Y. replace with suitable soil 2, Grassing (established growth) S.Y. 3. Fertilizer (material and application) 100LBS 4. Limestone (material and application) 10DlBS 5. Soil Excavation C.Y. Unit Price Bid ($ Dollars and Cents DOlla;~~1!:J ~$ .SO) -f5;,... I~~ ($ /0,01) Dollars and Cents M c~ ($ h,oiJ Dollars and Cents ($ f. ,;L. I.' D 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 90 calendar days after the scheduled closing time for receiving Bids. Upon receipt of written notice of the acceptance of this Bid, Bidder will execute the formal Contract attached within ten (10) days and deliver a surety Bond or Bonds as required by the General Conditions'. 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 and bonds are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Landfill Grassing/7.26-00 00200-2 I I I I I I I I I I I I I I I I I I I Respectfully submitted: ,/~ U- NT t?'; f3 is V /--:: A f? /11. s By: /c1~ ~ ~. . Signature Title: tJ LUr'.Jr.-. Address: /911 /is'GA lA-q /J LA t~ e f( d.. , AhA fA /J tN1 t.Jvs-fA . S J c. u/ . . ,. ;.7 P, ATTEST: C~f)d.j~~O ~ Q l\ Name_"\4nd ~'t:.ll )-len,s,J~~ (Please Type) , Titre .~~ rvlCl/\lQ~ t-.....) (SEAL) Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary. Landfill Grassing/6-16-00 00200-3 I I Selected Subcontractors I The Bidder proposes to employ the below listed subcontractors: Subcontractor I Address I I Subcontractor Address I I Su bcontractor I Address I I Subcontractor Address I I Subcontractor I Address I Subcontractor I Address I I Landfill Grassing/6-16-00 00200-4 . . , f!11 r\/lf/J7 ~)~,1 - ~___It I ;rJ' ~ 1---...-. ----,--,-, ."_'._u..___. .---.--------------- _. -- .----------------.--, -.---..----- '---________. ..__ _____._._ ..._ '__' .,.. _._ N. . _ _.. _._.: 027155: rPMd_ lI2.:.Z..W. 2532 I IE I RICHMOND CO BOARD OF COMM. EXACTLY **6000 AND 00/100 DOLLARS $ $6,000.00 ~ III J:l a !!! 'iij OJ c 'I:i .. 'tl '" iJ 5 III .. :; ii .:!! ~ :; u .. Ul m COUNTRY BOY FARM DArE 8/30/00 IcASHIER'S CHECK SECURITY FEDERAL BANK AUTHORIZED SIGNATURE ~~~c~~. 'URCHASE OF AN INDEMNITY BONO Will BE REDUIREO BEFORE ANY I'S CHECK OF THIS BANK Will BE REPLACED OR REFUNDED IN THE EVENT IT IS lDST, MISPlACED DR STOLEN. 1..- 1 I 1 I 1 I I I I 11-0 27 Ir 5 511- I: 25 l 27 1r8 2 21: 5 ~ Ir 1..000 ~ 5 ~II- .. .. ... 00. . .... o. __... _ .... .. "" .._... _............. __ ....... .'_ _._ ._...._..... _.... __.._ ..__.._ .... _._ ........ _._ ._.oo. ...._. _'oO ...._. ..._._. __ ..... ___. . _. ... __.... ......._. _ . - I I I I I I I I I I I I I I I I I I BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as as Surety, are hereby as Owner percent (10%) of the total Bid which equals for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Principal, and held and firmly bound unto in the penal sum of ten The condition of the above obligation is such that whereas the Principal has submitted to Augusta-Richmond County a certain Bid, attached hereto and hereby made a part hereof to enter into a Contract in writing for the grassing of Dean's Bridge Road MSW Landfill, Phases liB & IIC. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a Bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid: and said Surety does hereby waive notice of any such extension. 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 day of ,20_. Landfill Grassing/6-16-00 00310-1 . . I I I I I I I I I I I I I I I I I I I CONTRACTOR - PRINCIPAL: By: Attorney-I n-F act Name: (Please Type) Title: Address: Telephone: ATTEST: Name (Please Type) Title (SEAL) Note: Attest for a Corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary. Landfill Grassing/6-16-00 00310-2 I I I I I I I I I I I I I I I I I I SURETY: By: Name: (Please Type) Title: Agency: Address: Telephone: ATTEST: Name (Please Type) Title (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. Resident Agent in State in which Work is to be performed: Name: Address: Telephone Number: ** END OF SECTION ** Landfill Grassing/6-16-00 00310-3 . . I I I I I I I I I I I I I I I I I I I PARTNERSHIP CERTIFICATE STATE OF COUNTY OF On this day of , 20_, before me personally appeared known to me to be the person who executed the above instrument, who, being by me first duly sworn, did depose and say that he or she is a general partner in the firm of and that said firm consists of himself or herself and and that he or she executed the foregoing instrument on behalf of said firm for the uses and purposes stated therein, and that no one except the above named members of the firm have any financial interest whatsoever in said proposed Contract. Partner Partner Partner Partner Subscribed and sworn to before me, this day of ,20_" Notary Public My Commission Expires: (Date) (SEAL) NOTE: If only one partner signs, a Power of Attorney executed by all other partners authorizing him or her to act in the name of the company must be attached; otherwise, all partners must sign. Landfill Grassing/6-16-00 00320-1 I I I I I I I I I I I I I I I I I I I CORPORATE CERTIFICATE I, , certify that I am the Secretary of the corporation named as Contractor in the foregoing proposal; that who signed said proposal in behalf of the Contractor was then 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 This day of ,20_, (SEAL) Landfill Grassing/6-16-00 00330-1 I I I I I I I I I I I I I I I I I I I NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of County of ) ) , being first duly sworn, deposes and says that: (1) He or she is (Owner, Partner, Officer. Representative. or Agent) of , the Bidder that has submitted the attached Bid; (2) He or she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) 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 Augusta-Richmond County or any person interested in the proposed Contract; and (5) 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 affian~. (Signed) (Title) Subscribed and Sworn to before me this day of ,20_" (Title) My commission expires (SEAL) (Date) Landfill Grassing/6-16-00 00340-1 I I I I I I I I I I I I I I I I I I I NONCOLLUSION AFFIDAVIT OF SUBCONTRACTOR State of County of ) ) , being first duly sworn, deposes and says that: (1) He or she is (Owner, Partner, Officer, Representative, or Agent) of "Subcontractor"; hereinafter referred to as the (2) He or she is fully informed respecting the preparation and contents of the Subcontractor's Proposal submitted by the Subcontractor to the Contractor for certain work in connection with the Contract pertaining to the Project in (3) Such Subcontractor's Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the Subcontractor 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 Proposal in connection with such Contract or to refrain from submitting a Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Bidder, firm or person to fix the price or prices in said Subcontractor's Proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against Augusta-Richmond County or any person interested in the proposed Contract; and (5) The price or prices quoted in the Subcontractor's Proposal are fair and proper and are not tainted by any coll~sion, 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. (Signed) (Title) Subscribed and Sworn to before me this day of ,20_, (Title) My commission expires (Date) (SEAL) Landfill Grassing/6-16-o0 00350-1 I I I I I I I I I I I I I I I .1 I I I CONTRACT THIS CONTRACT, made this 2nd day of October, 2000, by and between Augusta- Richmond County, hereinafter called "Owner" and Harry Miller Jr. doing business as Country Bov Farms hereinafter called "Contractor." WITNESS: That for and in consideration of the payments and agreements hereafter mentioned: 1. The Contractor will commence and complete the grassing (established) of Dean's Bridge Road MSW Landfill Phases liB & IIC. 2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the grassing (established ) and completion of the project described herein. 3. The Contractor will commence work required by the Contract Documents on or before a date specified in the written Notice to Proceed and will comolete the erosion mats installation and temoorary grassing within 45 calendar days, and oermanent arassing as soon as grassing season aooroaches. The Contractor further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 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 sixtv thousands ($60.000.00). 5. The term "Contract Documents" means and includes the following: (A) Invitation to Bid (B) Instructions to Bidders (C) Bid (D) Bid Bond (E) Partnership or Corporate Certificate (F) Noncollusion Affidavits (G) Contract (H) General Conditions (I) Supplementary Conditions (J) Payment Bond (K) Performance Bond (L) Notice of Award (M) Notice to Proceed (N) Change Order(s) (0) Certificate of Owner's Attorney Landfill Grassing/9-27 -00 00400-1 I I I I I I I I I I I I I I I I I I I (P) (R) Specifications and prepared or issued by Augusta-Richmond County, dated June, 2000. Addendum NO. 1 dated August 15, 2000 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 seven (7) copies each of which shall be deemed an original on the date first above written. Aug ~...J By: ~. Name: Title: w~ __~ ~ :/ Name^E /fA:..:r /3., 4"/Yl:~ /J (Please Print or Type) Title L {...&'7e.J::.. .~~ -'" -~ !::- ~ ..... 'P.- , . o:;(SEAL} "#,- ".C~ - ~~ '. ;...;:' Landfill Grassing/9-27-o0 00400-2 I I I I I I I I 1/ I I I I I I I I I I CONTRACTOR: C.O u..tJt,. y V30 y FIJ6'./fIv~)' /ifAJ, By: /~ ~ Cf-. Name: II (1 ~ fih} M ; /I efl ~ (K . {Ple'ase Print or Type} Title: e ~ Address: /9'b ~ ~~. /l.rJ:k ~'IS;G. ;,q! L{ I ATTEST: Name " {SEAL} Note: Attest for a Corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a Notary. Landfill Grassing/9-27-00 00400-3 Oct-11-00 07:34A P.02 , , , , , , , , , I, , , -- , IJ I I I I . PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that COUNTRY BOY FARM & YARD CENTER , a corporation of the State of SOUTH CAROLINA)he "Principal," and WF.STERN SJIRF.TY COMPANY, P. 0 ROY c;on. ~TnTTX li'AT T c:: 1 ~n 5-1...1 17 Name 8Ild Add,... of Su,.sy 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 $60.000 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 whereas Principal has entered into a certain Contract with the Owner, dated as of the 11 TH day of OCTOBER , 200n....., which is by reference incorporated in and made a part hereof as fully as if copied here verbatim, for the following work: The grassing of Dean's Bridge Road MSW Landfill Phases liB & IIC. NOW, THEREFORE, if the Principal shall in all respects comply with and perform all the terms and conditions of the Contract (which includes 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 perfonnance 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 entitted 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 ~nd severally, that if the Principal shall keep and LandflU Gtasaing/8-16-00 00510-1 I I I I I I I I I I . I' f I I I I . I I I Oct-11-00 07:34A P.03 perform its agreement to repak 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 t~at 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 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 ~~!~~)Jmlkl~JmHj~l~W llQh~Y~~~~~~'\9.'f8~~r.a~i,~~~'r~'?Jr~/~~"~ ClII~ 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. O~jRRjPRSIi::ll'frlit.inn.c:; :-PIMoo*:'rl\ ...oavmp..f'~~,wah1ftr.\...a~&;ifJl2mP.nt~1 r ~lll f;lr.nntr:::lds J~~I t=11t,;t: ....~. .lW....,., [] llt1nlruu~ v .\!NI~~y.!J'U,x..iU~''-Iv~vt:=Ia.' t3. '1'lIna u.l ~~Vi1Y~~ \Ac.A,<<!ll1I.J1UI'II JW~ 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 RR thounh nnJ1p. nr nmittAn tn hA nnnPl h~ ;;Inn in rpl;;ltinD tn thp"prif,l('in~1 ... ...... It.". I 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 11 TH day of OCTOBER ,2000 .. .....-.-. -..- ---.;;1..-'''-......-" -..- --.---.",1' -.--.. ---.. ....--r-. -....-... ..--,.. -...-. LaI'ldflll Gnlllling/6-1 fJ.OO OOS1Q.2 ~ o~:- 11 -00 .. ~ , , , , , , , , , , , I I I I I 07:34A P.04 ~ CONTRACTOR - PRINCIPAL: COUNTRY BOY FARM & YARD CENTER By:: /dA~ '( l.J.. ,J7'IJk..--.. Name: HARRY W. MILLER (Please Print or Type) Ti~e: SOLE PROPRTETOR ATTEST: ()rm~ rYJ cNgxmim? Name - '/nil fY7. l-IerndoYl (Please Print or_Type) .....-- Title NOTARY My Cblllidrwlon ~ 6&0. tl. 260g~ '.- --- - '\ .... " (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: ~ST~ By: __,.0/ A~ I ~; ~.,."" .... 1''':'\ ~ ov.... ~ . Name: tJ. MH~HA FT. r.T VRTTRN (Please Print or Type) Title: ATTORNEY IN FACT Agency: UPCHURCH & JOWERS INSURANCE AGENCY Address: PO~T O~~Tr.E BOX 891 CAMDEN, SC 29020 Lanclflll Gtassingl6-16-(10 00510.3 Il Oct-II-OO 07:34A ~ ~ ~ ~ ~ I I I I I I I I I I I I I P.os \ . . . . . ...... ~- '. ~ . II ~ t?? Name L. VICTOR' jOWERS. JR. (Please Print or Type) Title NOTARY (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. land"" GnIsslngJ6.1~ 0051004 I I I I I I I I I I I I I I I I I I I .OCT-II-2000 WED 11:47 AM CNA SURETY/WESTERN . FAX" NO. 704 540.4122 P. 02 ~. \t\estem Surety Company .. POWEll 01' ATTOBN&Y - CEKTIFIBD COPY lIoIMI~ QOOO1l4S1ED x.... AU .... ." ".... ........ .. WltS'l'ErtN SURITV COM1'NIY. . ....n.. '11. ....._ I. ...... ..... ,. 1lIWII .r tfq StaW .,....h n.JI8U. ......... _ JriMipal .. . I"IIIlIJI Falk. Sllutla Wata (the "o...n,~ ...., ...... p...... ....con.u~....."".. M'i.chael Cl'llburn Ita UUll .....ta.6at ~.fIIcI. widlW..... .... ...__ hI!_ 0.&.. ,. aIC1lt&-. ~ ..clelne, fir aDtI. ............ au..,......1br. ~~ Country Boy Fa~m & Yard Center ~ Augusta - Richmond County Department of Public Works ~~.~ $60,000.00 ~ 10 Willi .... c:...1IIlJ' tM"'p" fuUr ... fa ... ..... ..... .. I' .ach ,.. __ ei..... ., .... 1Ift.w..... ...... ,.;th die OIIJ*'" .... III.... c.,.., .NI.., ...... ., is. .......,. ......, r~.. .nd ~ .. cMc die ... ..,..,,,>>-,-__ .., .. will.tn 1M __ ...... 1........ s.id .IP...... .. ..... ...... .... " a....i~ 01 U\o lblIowi.. .,.... .. W....... .....,. eo.p.... ..... ..... i. ....... ..... ..... "'8m:IiDa 7. AU...... pal._. lI'GdIr&aldn... ,Pv.....I AaAamIlr or adlft abllpti8M of &he CGI1IlINIion ..... be ewured ..10M ..,..1. n... 01 .hI eo.,..., .., th PM...... ~. ..,. Aalla,-& s.a.taty. 'treahHl', or .., V"IM ,...... ar .., ..-h .&hor .~ .. I'" Boa", ., Db....... ..y MIdIomo. '"- Pmicknt. ..,. ,,_ ..........~ a.cnml)". any AuNtaIlt &ea.ta~. ....Iac- Taalurer .., ..nc Ateamo,. i.. Ft. w .... who .lId M" alltMritv 10 __ ~ ...... llIl' ........iII.. in ,.. ...... ~ r.M Campll\1. ,.,. ClOI.....-.. ..1. _. ..-.., Iw chit ..1W~ fila.. "nu.. poI.l. UNetcaki.... Powo. 01 i\UGc'~ or otller .W\I.tion. .Iih mrparMie", Thr.~ fII... l.a.... .. the CllIqIlIfIte'" ...,.be pri1Kec1lIr ~.n... AU _the"" .....bv-6ImnI.. apid." "'Intta. triIhaIat __... mI_ u_.... -W"illlter Octobe-r 11 20 OJ. . II.... _ill__ ... ...... ~_.... .nd i. 11I11 ... .... eftect. r. WillI.. ....,." _....m ~ a.,.ny hie call1Od. ..... ,......u ... ~ ~ 1If .............. S.ftl T. PalO. .NI ice ~,""""',.""" 11th...,.... Oct:oher .~. ~'''''';;''Ji~( ;)"1""1, /l\....~.'~. ....,pv~.~'" W~18TBR S RETY CO OM NY 1Jj,-..-:. . r'\ .... ',':.iI;':" :: .~,. (,,\('0.1:,',,,' '. ~ "- -r: ' ~. ()' ,,. . <:..: -= ; .... { v . \,,-. ~ ?: a .~. _ .. ..1. . _ - .. ::. ., \.... .. of' ~ . ......1'. ,.. PnMlall\ .~ -r...., ,') ... ~ "......' "" 1- ~~}. Onlllia 11th lI.,.at October .....,..1' 2000 ................,.,......penouDyappollrod ~ 7, P.... ... .... eo ... lIu1y ..... __iii.... &11.. he .ipM .. .~ J'o-tel' 01 ....., .. 1M ......11I atlillllr rJ. WRSTERN SU1IBTY' COMPANY' .MI _......... ..II i1111ln11111111t la .. the....., aClallcl deed of.W. ooq,entfol\. ~~~ q~~:_kD_ ~ -r.~..~T~~~._. . _ w. """......, .....~_ Ilhe u........... ClIkot., W.... ...., 0aaIpa.,. a .1Otk too,..... CIId1e S&lw .'Souah 01..... cia hem;, m'li~ tMt'lIe anlldMcl ,....., A'''', .. ~ flIlI "'"'.. e8ec:c .... . --.~l., .... ~. t'hat lect,ion ,. of,_ .,..... qE'" c..p.'J' ....t bch i.. ... Pawwt ., A&tIIIM,y .. .... in ___ ." ~Ill'" -henGf. , "-00 1M....... ., helld... INI oIW..... 8ue'r a-pa..,. dd. Octo t'"r . 2 0 . W~~B_~~_C~Y , ...... T. ...... ....... 11th d., or ,.... ,NOt ~ OC~-11-00 ~ ~ , , , , , , , , 1M -- -- II II II I I 07:34A P.06 PAYty1ENT BOND COUNTRY BOY FARM . KNOW ALL MEN BY THESE PRESENTS: that & JARn r.F.,NT.E:R:. I a SOLE PROPRIETORSHIE. _ _ _ - . - , , .~ of the State of SOUTH r.ABOT.TNA I the "Principal," and Name end Adareu or SUI'OIy WESTERN SURETY COMPANY, P. O. BOX 5077, SIOUX FALLS, SD 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 $60,000 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 whereas Principal has entered into a certain Contract with the Owner, dated as of the 11TH day of OCTOBER , 2000-, which is by reference incorporated in and made a part hereof as fully as if copied here verbatim, for the following work: The grassing of Dean's Bridge Road MSW Landfill Phases 118 & lie. 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 aU 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 Landtn G~ingl6.16-00 00520.1 Oct-11-00 07:35A P.07 . assignment subletting or other transfer thereof, or of any part thereof, of any work to be perfonned, or of any moneys due to become dl,Je 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 heA3by 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. , ~ ~ , ~ , , -, , IJ , - I I 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 11 TH day of nr.TORF.R , 20~. landfill Gta88ing/8-16..QO 00520.2 Oct-11-00 07:35A P.os ~. ~ ~ ~ ~ I I I I I I I I I I I I I I .. CONTRACTOR - PRINCIPAL: COUNTRY BOY FARM & YARD CENTER By: /~ lJ.. ~'-) Name: HARRY lJ. ~TJ.T.F.R (Please Print or Type) Title: SOLE PROPRIETOR ATTEST: Name , , --- '.... ~ ., , Title (SEAL) Note: Attest for a corporation mus~ be by the corporate secretary; for a partnership by another partner. for an individual by a Notary. SURETY: B:S;Jf6# Name: w. MICHAF.L CLYBURN (Please Print or Type) Title: ATTn'D1\T14'V T"" ....^~'1" Agency: UPCHURCH & JOWERS INSURANCE AGENCY Address: PO~T ~~FTr.F R0Y A93 CAMpEN. SC 2Q010 Landllll GtassinQ/8-16-00 00!520-3 Oct-11-00 07:3SA P.09 ~. I 1 I 1 I, I I I I 1 1 I I 1 I 1 1 I ; ~'5f2~ , ~I ~t 7 r Name L. VICTOR JOWERS. JR. (Please Print or Type) TitJe NOTARY ( SEAL) Note: Surety companies executing Bonds must appear on the Treasury Departmenfs most current list (Circul~r 570 as amended) and be authorized to transact business in the state where the project is located. I.8ndftll Gr.l8lling/6-16-00 00520-4 I I I I I I I I I I I I I I I I I I I NOTICE OF AWARD To: Project Description: The site of the proposed work is the Dean's Bridge Road MSW Landfill. The project consists of approximately 5 acres of grassing and appurtenances. The Owner has considered the Bid submitted by you for the above described work 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. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of .2000. Auausta-Richmond County By: Name and Title: ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by I this the day of I 2000. By: Name and Title: Landfill Grassing/6-16-00 00530-1 I I I I I I I I I I I I I I I I I I I NOTICE TO PROCEED To: Project Description: The site of the proposed work is the Dean's Bridge Road MSW Landfill. The project consists of approximately 5 acres grassing and appurtenances. You are hereby notified that to commence work in accordance with the Agreement dated , 2000, on or before , 2000, and you are to complete the project within 45 consecutive calendar days thereafter. The date of completion of all work is therefore , 2000. Dated this day of ,2000. By: Name and Title: ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by . this the day of ,2000. By: Name and Title: Landfill Grassing/6-16-00 00540-1 I I I I I I I I I I I I I I I I I I I CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, , the duly. authorized and acting legal representative of Augusta-Richmond County, do hereby certify as follows: 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. Date: Landfill Grassing/6-16-00 00550-1 I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS O. General 1. Definitions 2. Additional Instructions and Detail Drawings 3. Schedules, Reports, and Records 4. Correlation of Documents 5. Shop Drawings 6. Materials, Services, and Facilities 7. Inspection and Testing 8. Substitutions 9. Patents 10. Surveys, Permits, Regulations 11. Protection of Work, Property, Persons 12. Supervision by Contractor 13. Changes in the Work 14. Changes in Contract Price 15. Time for Completion and Liquidated Damages 16. Correction of Work 17. Subsurface Conditions 18. Suspensions of Work, Termination, and Delay 19. Payments to Contractor 20. Acceptance of Final Payment as Release 21. Insurance 22. Contract Security 23. Assignments 24. Indemnification 25. Separate Contracts 26. Subcontracting 27. Engineer's Authority 28. Land and Rights-of-Way 29. Guaranty 30. Taxes 31. Disputes 32. Contract Provisions Required by Law 33. Prohibited Interest 34. Use of Premises and Removal of Debris 35. Estimate of Quantities 36. Contractor's Obligations 37. Payments by Contractor 38. Waiver 39. Chemicals 40; Connecting of Existing Work 41. Program and Method of Construction 42. Buildings and Shanties 43. Sewage, Surface and Flood Flows 44. Obstructions Encountered Landfill Grassing/6-16-00 00600-1 I I I I I I I I I I I I I I I I I I I 45. Use of Streets 46. Access by Representatives of Governmental Agencies 47. Local and State Laws 48. "Or Equal" Clause 49. New Job Opportunities 50. Construction Restrictions 51. Leadbased Paint and Joint Sealers 52. Cooperation with Public Utilities 53. Abandonment or Termination of Contract 54. Evidence of Payment 55. Accessibility of Records 56. Archaeological Plan for Identification and Excavation of Significant Sites. Landfill Grassing/6-16-00 00600-2 I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS O. GENERAL 0.1 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. 0.2 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. 0.3 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. 0.4 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 instructions, 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. . 0.5 INDEPENDENT CONTRACTOR: The relation of the Contractor to the Owner shall be that of an independent contractor. landfill Grassing/6-16-00 00600-3 I I I I I I I I I I I I I I I I I I I 0.6 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. 1. DEFINITIONS 1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof: 1.2 ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS, AND SPECIFICATIONS, by additions, deletions, clarifications, or corrections. 1.3 APPROVED. REASONABLE. SUITABLE. ACCEPTABLE. PROPER, SATISFACTORY: Whenever in these Contract Documents the words "approved," "reasonable," "suitable," "acceptable," "proper," "satisfactory," or words of like effect and import appear, unless otherwise particularly specified herein, they shall mean approved, reasonable, suitable, acceptable, proper, or satisfactory in the judgment of the Owner or Engineer only to the extent of judging compliance with the terms of these Contract Documents. 1.4 BID: The offer of proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed. 1.5 BIDDER: Any person, firm, partnership, corporation, or combination thereof submitting a bid directly to the Owner for the work to be performed under these Contract Documents, acting directly or through a duly authorized agency or representative. The successful bidder, selected by the Owner to perform the work under these Contract Documents, will thereafter be known as the Contractor. 1.6 BONDS: Bid, Performance, and Payment Bonds and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the CONTRACT DOCUMENTS. 1.7 CHANGE ORDER: A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME. Landfill Grassing/6-16-00 00600-4 I I I I I I I I I I I I I I I I I I I 1.8 CONTRACT OR AGREEMENT: The written agreement between the Owner and the Contractor for the performance of the work in accordance with the requirements of the Contract Documents and for the payment of the agreed consideration therefor. Whenever, in any portion of the Contract Documents, a requirement of the Contract is stated, it shall be interpreted to mean a requirement of the Contract Documents as defined herein. 1.9 CONTRACT DOCUMENTS: The Contract, Advertisement for Bids, Instructions to Bidders, Bid Proposal and Proposal Documents, Bid Bond, Agreement, Performance Bond, Payment Bond, Employment Requirements and Wage Rates, General Conditions, Specifications, Drawings, Addenda, Change Orders, Notice of Award, 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. 1.10 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, i~ 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. 1.11 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, 1.12 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. 1.13 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 submitted by the successful bidder with his bid, provided such drawings are acceptable to the Owner; (d) drawings furnished by the Owner to the Contractor during the progress of the work; and (e) engineering data and drawings submitted by the Contractor during the progress of the work, provided such drawings are acceptable to the Owner and the Engineer. Landfill Grassing/6-16-00 00600-5 I I I I I I I I I I I I I I I I I I I 1.14 ENGINEER: Augusta-Richmond County Department of Public Works & Engineering Director or his authorized representative. 1.15 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. 1.16 NOTICE OF AWARD: The written notice of the acceptance of the BID from the OWNER to the successful bidder. 1.17 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. 1.18 OBSERVER: An authorized representative of the Engineer assigned to make necessary observations of the work performed by the Contractor. 1.19 OWNER: A public or quasipublic body or authority, corporation, association, partnership, or individual for whom the WORK is to be performed. 1.20 AS ORDERED. AS DIRECTED. AS REQUIRED. AS PERMITTED. AS ALLOWED: Whenever in these Contract Documents the words "as ordered," "as directed," "as required," "as permitted," "as allowed," or words or phrases of like import are used, it shall be understood and agreed that the order, direction, requirement, permission, or allowance of the Owner or the Engineer is intended only to the extent of judging compliance with the terms of these Contract Documents; none of these terms shall imply that the Owner or Engineer has any authority or responsibility for supervision of the Contractor's forces or construction operations, such supervision and the sole responsibility therefore being strictly reserved for the Contractor. 1.21 PERSON: The word "person" shall mean and include any individual, combination of individuals, partnership, society, association, joint stock company, corporation, firm, estate, receiver, trustee, assignee, referee, or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise. 1.22 PRODUCT: The term "product" shall mean and include materials, systems, and equipment. 1.23 PROJECT RECORD DOCUMENTS: Copies of the Contract Documents maintained at the site of the work by the Contractor, and marked by him to record deviations, additions, and other required information during the prosecution of the work. Landfill Grassing/6-16-00 00600-6 I I I I I I I I I I I I I I I I I I I 1.24 PROJECT: Total construction of which the work covered by the CONTRACT DOCUMENTS may be the whole or a part thereof. 1.25 PROVIDED: When the term "provided" or "provide" is used in the Drawings or other Contract Documents, it shall mean "provided complete in place," that is, "furnished and installed." Where "as shown," "as indicated," "as detailed," or other words of similar import are used, it is understood and agreed that references to the Drawings are intended unless otherwise expressly stated. 1.26 RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the OWNER who is assigned to the PROJECT site or any part thereof. 1.27 SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a subcontractor, a manufacturer, a supplier, or a distributor, which illustrate how specific portions of the work shall be fabricated or installed. Shop drawings may also be referred to in these Contract Documents and shall have the same meaning as detail drawings, working drawings, construction drawings, and engineering data. 1.28 SPECIFICATIONS: A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards, and workmanship. 1.29 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. 1.30 SUBSTANTIAL COMPLETION: That date as certified by the ENGINEER when the construction of the PROJECT is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, 50 that the PROJECT can be safely, conveniently and beneficially utilized for the purposes for which it is intended. 1.31 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. 1.32 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. Landfill Grassing/6-16-00 00600-7 I I I I I I I I I I I I I I I I I I I 1.33 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. 1.34 MAY: Permissive. 1.35 "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. 1.36 SHALL: Mandatory 1.37 WILL: Mandatory 2. ADDITIONAL INSTRUCTION AND DETAIL DRAWINGS 2.1 The CONTRACTOR may be furnished additional instruction and detail drawings, by the ENGINEER, as necessary to carry out the WORK required by the CONTRACT DOCUMENTS. 3. SCHEDULES. REPORTS. AND RECORDS 3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records, and other data where applicable as are required by the CONTRACT DOCUMENTS for the WORK to be performed. 3.2 Prior to the first partial payment estimate, the CONTRACTOR shall submit construction progress schedules showing the order in which he proposes to carry on the WORK, including dates at which he will start the various parts of the WORK, estimated date of completion or each part, and, as applicable: 3.2.1 The dates at which special detail drawings will be required; and 3.2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the testing, and the installation of materials, supplies, and equipment. 3.3 The CONTRACTOR shall also submit a schedule of payments that he anticipates he will earn during the course of the WORK. Landfill Grassing/6-16-00 00600-8 I I I, 1 I I I I I I I I I I I I I I I . 3.4 If the Contract is based on a lump sum bid or contains one or more lump sum items for which progress payments are desired, the Contractor shall prepare and submit to the Engineer a schedule of values covering each lump sum item. The schedule of values, showing the value of each kind of work, shall be acceptable to the Engineer before any progress payment estimate and progress payment request are prepared. Such items as bond premium, temporary construction facilities, and plant work items may be listed separately in the schedule of values, provided the costs can be substantiated. The sum of the items listed in the schedule of values shall equal the contract lump sum price(s). Overhead and profit shall not be listed as separate items. An unbalanced schedule of items providing for overpayment of the Contractor on items of work which would be performed first will not be accepted. The schedule of valyes shall be revised and resubmitted until acceptable to the Engineer. 3.5 The Contractor shall also furnish a periodic itemized estimate of work done for the purpose of making a partial payment thereon. 3.6 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. 4. CORRELATION OF DOCUMENTS 4.1 Drawings, and specifications are cooperative and supplementary. Portions of the WORK which can best be illustrated by the drawings may not be included in the specifications and portions best described by the specifications may not be depicted on the drawings. All items necessary or incidental to completely construct or erect the WORK shall be furnished, whether called for in the specifications or shown on the drawings, or anything shown or mentioned on the drawings and not mentioned in. the specifications, shall be of like effect as if shown or mentioned in both. 4.2 Information or instruction for Bidders shall take priority over General Conditions; large scale drawings shall take precedence over small scale drawings. In case of disagreement between the drawings and specifications, or within either document itself, the better quality or greater quantity of WORK shall be estimated and included in the Bid and CONTRACT Price and the matter drawn to the ENGINEER's attention for decision. 4.3 The Drawings, QAlQC Plan, Specifications, and Addenda shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines, and marginal notes contained in the Contract Landfill Grassing/6-16-00 00600-9 I I I I I I I I I I I I I I I I I I I Documents are solely to facilitate reference to various provIsions of the Contract Documents and in no way affect, limit, or cast light on the interpretation of the provisions to which they refer. 4.4 Upon award of the Contract, the Contractor upon request will be supplied free of charge up to six (6) complete sets of the Drawings and Specifications. If the Contractor requests additional prints or Specifications, they will be furnished to him at cost. 4.5 The Contractor shall keep on the job a copy of the Drawings and Specifications and shall at all times give the Owner and Engineer access thereto. 4.6 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. 4.7 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. 4.8 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 I nstructions to Bidders Bid General Conditions Specifications OAlOC Plan Governing Standard Specifications Schedules on Drawings Notes on Drawings Details on Drawings Large Scale Drawings Small Scale Drawings Dimensions Given in Figures Scaled Dimensions 4.9 In the event of any discrepancy between any Drawing and the figures written thereon, the figures, unless obviously incorrect, shall be taken as correct. Landfill Grassing/6-16-00 00600-10 I I I I I I I I I I I I I I I I I I I 4.10 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. 4.11 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. 5. SHOP DRAWINGS 5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER's approval of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT DOCUMENTS. 5.2 Engineering data covering all equipment and fabricated products to be furnished under these Contract Documents shall be submitted to the Engineer for review. These data shall include drawings and descriptive information in sufficient detail to show the kind, size, arrangement, and operation of component materials and devices; the external connections, anchorages, and supports required; performance characteristics; and dimensions needed for installation and correlation with other materials and equipment. Data submitted shall include drawings showing essential details of any changes proposed by the Contractor and all required wiring and piping layouts. 5.3 When submitted for the ENGINEER's review, SHOP DRAWINGS shall bear the CONTRACTOR's certification that he has reviewed, checked, and approved the SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS. 5.4 At the time of each submission, the Contractor shall in writing call the Engineer's attention to any deviations that the engineering data may have from the requirements of these Contract Documents. 5.5 Six (6) copies of each drawing and necessary data shall be submitted to the Engineer. Each drawing or data sheet shall be clearly marked with the name of the project, the Contractor's name, and references to applicable specification paragraphs, and drawing sheets. When catalog pages are submitted, the applicable items shall be identified. Each drawing or data sheet shall bear the Contractor's stamp of approval, which shall be construed as certification that he has reviewed, checked, and approved the engineering data and that the data are in conformance with the requirements of these Landfill Grassing/6-16-D0 00600-11 I I I I I I I I I I I I I I I I I I I Contract Documents and that he has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data required for preparation, accuracy, and sufficiency of the engineering data. 5.6 When the drawings and data are returned marked "REVISE AND RESUBMIT," the corrections shall be made as noted thereon and as instructed by the Engineer and not less than six (6) corrected copies resubmitted. 5.7 Unless otherwise directed by the Engineer, when drawings and data are returned marked "EXCEPTIONS TAKEN AS NOTED," the changes shall be made as noted thereon and not less than six (6) corrected copies shall be furnished. 5.8 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. 5.9 When the drawings and data are returned marked "NO EXCEPTIONS TAKEN," fabrication and/or installation can begin and no additional copies need be furnished. When drawings are submitted after final review (after being returned marked "NO EXCEPTIONS TAKEN" or "EXCEPTIONS TAKEN AS NOTED"), one (1) of the copies shall be a reverse reading translucent matte finish mylar reproducible (ozalid process). 5.10 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 "EXCEPTIONS TAKEN AS NOTED." 5.11 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. 5.12 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 "EXCEPTIONS TAKEN AS 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. Landfill Grassing/6-16-00 00600-12 I I I I I I I I I I I I I I I I I I I 5.13 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. 6. MATERIALS. SERVICES. AND FACILITIES 6.1 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 time. 6.2 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. 6.3 Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer. 6.4 Materials, supplies, and equipment shall be in accordance with samples submitted by the CONTRACTOR and approved by the ENGINEER. 6.5 Materials, supplies, or equipment to be incorporated into the WORK shall not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale CONTRACT or other agreement by which an interest is retained by the seller. 6.6 Any work necessary to be performed after regular working hours, on Sundays, or on legal holidays shall be performed without additional expense to the Owner. 6.7 The Contractor warrants that he has good title to all materials, supplies, and equipment used by him in the work. 6.8 All materials required in the work may be stored on the site upon which the project is to be constructed, subject to approval by the Engineer, but all such materials, tools, and machinery shall be neatly and compactly piled in such a manner as to cause the least inconvenience to the property owners and the traffic. All fire hydrants must at all times be kept free and unobstructed, and water and gas shutoff boxes and underground power and telephone line manholes must be kept uncovered by such materials. landfill Grassing/6-16-00 00600-13 I I I I I I I I I I I I I I I I I I I 6.9 Materials, tools, and machinery shall not be piled or placed against shade trees unless they shall be amply protected against injury therefrom. All materials, tools, machinery, etc., stored upon public thoroughfares must be provided with warning lights at night to warn the traffic of such obstruction. 6.10 The Contractor shall make his own arrangements for delivery and handling of equipment and materials as he may require for the prosecution of the work. The location of all temporary lines, roadways, and similar facilities shall be subject to the approval of the Engineer, and these shall be located and operated so as not to interfere with other work carried on by the Owner or by other contractors. 6.11 The materials, fixtures, and apparatus furnished shall be new, except as otherwise provided herein, unused, and of good quality, and shall be incorporated into the work in an undamaged condition. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Whenever materials are sold by the manufacturer in sealed packages, they shall be so delivered to the site of the work. The materials shall be manufactured, handled, and used in a workmanlike manner to provide a completed work in accordance with these Contract Documents. 6.12 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. 6.13 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 atter delivery. This includes the replacement of material which is found to be defective at any time prior to expiration of the guarantee period. 6.14 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 Landfill Grassing/6-16-00 00600-14 I I I I I I I I I I I I I I I I I I I provided that similar facilities of other contracts will become available to the Contractor under similar conditions. 6.15 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. 7. INSPECTION AND TESTING 7.1 All materials and equipment used in the construction of the PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards. 7.2 The OWNER shall provide all inspection and testing services required by the CONTRACT DOCUMENTS one time only. 7.3 The CONTRACTOR shall provide at his expense the samples and product shop testing and inspection services required by the CONTRACT DOCUMENTS for material certifications prior to shipment. Any field retests or reinspections required due to the failure of materials to meet the requirements of the CONTRACT DOCUMENTS shall be paid for by the Contractor. The Owner shall have sole authority to determine whether tests/inspections pass or fail and require retesting. 7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing, or approval. 7.5 Inspections, tests, or approvals by the engineer or others shall not relieve the CONTRACTOR from his obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS. 7.6 The ENGINEER and his representatives will at all times have access to the WORK. In addition, authorized representatives and agents of any Federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, if requested by the ENGINEER, be uncovered for his observation and replaced at the CONTRACTOR's expense. 7.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEER's request, will uncover, expose, or otherwise make available for observation, Landfill Grassing/6-16-00 00600-15 I I I I I I I I I I I I I I I I I I I inspection, or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing, and of satisfactory reconstruction. If, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction and an appropriate CHANGE ORDER shall be issued. 7.9 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. 7.10 The testing of equipment and products shall be performed as provided in the Specifications. 7.11 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, 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. 7.12 No payment will be made to the Contractor for samples taken for tests such as soils samples, etc. 7.13 Should any disagreement or difference arise as to the estimate, quantities or classifications or as to the meaning of the 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. 8. SUBSTITUTIONS 8.1 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 equal capacities, quality, and function will be considered. The Contractor may request the substitution of a Landfill Grassing/6-16-00 00600-16 I I I I I I I I I I I I I I I I I I I material, product, article, or piece of equipment of equal substance and function for those designated in these Contract Documents. The Contractor shall request substitution in writing to the Engineer stating in detail how the substituted product differs in composition and performance from the designated product and furnishing suitable complete data on which the Engineer may make the determination on the merits of the proposed substitution. If, in the opinion of the Engineer, such material, article, or piece of equipment is of equal substance and function to that designated, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deductible from the contract price and the Contract Documents shall be appropriately modified by a Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute shall be made by the Contractor without a change in the contract price or contract time. Requests relative to substitutions for materials, products, articles, or pieces of equipment specifically designated on the Drawings or in the Specifications will not be considered until after the award of the Contract. 8.2 It is understood and agreed that (1) the Engineer is to use his own judgment whether or not any material, product, article, or piece of equipment proposed to be substituted is equal to that specified; (2) the decision of the Engineer on all such questions of equality shall be final and binding upon the Contractor; and (3) in the event of any decision of the Engineer that is considered adverse by the Contractor, no claim of any sort by the Contractor shall be made or allowed against the Owner or the Engineer. 8.3 The Contract is based on the materials, equipment, and methods described in the Contract Documents. 8.4 The Owner, through the Engineer, will consider proposals for substitution of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data and all other information required to evaluate the proposed substitution. 8.5 The Contractor shall not substitute materials, equipment, or methods unless such substitution has been specifically approved for this project by the Engineer. 9. PATENTS 9.1 Royalties and fees for patents covering materials, articles, apparatus, devices, or equipment (as distinguished from processes) used in the work shall be included in the contract price(s). The Contractor shall satisfy all demands that may be made at the time for such royalties or fees, and he shall be liable for any damages or claims for patent infringements. The Contractor shall, at his own cost and expense, defend all suits or proceedings that may be instituted Landfill Grassing/6-16-00 00600-17 I I I I I I I I I I I I I I I I I I I against the Owner for alleged infringement of any patents involved in the work and in case of an award of damages the Contractor shall pay such award. The Contractor, however, will not be held liable for the defense of any suit or other proceeding nor for the payment of any damages or other costs for the infringement of any patented process required by these Contract Documents; except if the Contractor has information that the process so required is an infringement of a patent, the Contractor shall be liable for any damages or claims in connection therewith unless he promptly notifies the Owner and Engineer of such infringement. 10. SURVEYS. PERMITS. REGULATIONS 10.1 The CONTRACTOR 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 gathered by the CONTRACTOR, 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. 10.2 Permits and licenses 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. 11. PROTECTION OF WORK. PROPERTY. AND PERSONS 11.1 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. 11.2 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 Landfill Grassing/6-16-00 00600-18 I I I I I I I I I I I I I I I I I I I 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, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to the acts or omissions of the OWNER or the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR. 11.3 In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the ENGINEER or OWNER, shall act to prevent threatened damage, injury, or loss. He will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shall thereupon be issued covering the changes and deviations involved, 11.4 The Contractor shall protect from damage all property in the vicinity of the work or that is in any way affected by the work, the removal or destruction of which is not called for by the Contract Documents. This applies to public and private property, utility facilities, trees, grass, shrubs, crops, signs, monuments, fences, pipe, underground structures, public roadways, sidewalks, curb and gutters, driveways, and any other natural or man made terrain features. Whenever such property is damaged due to the Contractor's performance of the work, the Contractor shall immediately restore it to condition equal to or better than that existing before such damage or injury was done by the Contractor. The Contractor shall make good all such damage or injury in an acceptable manner at his own expense. In case of failure of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon forty-eight (48) hours notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary, and the cost thereof will be deducted from any moneys due or which may become due ttie Contractor under the terms of these Contract Documents. 11.5 Reasonable care shall be taken during construction to avoid damage to vegetation. Ornamental shrubbery and tree branches shall be tied back, where appropriate, to minimize damage. Trees which receive damage to branches shall be trimmed of those branches to improve the appearance of the tree. Tree trunks receiving damage from equipment shall be treated with a tree dressing. 11.6 The Contractor shall not enter upon private property for any purpose without first obtaining permission, and he shall be responsible for the preservation of all public and private property. The Contractor shall at all times while the work Landfill Grassing/6-16-00 00600-19 I I I I I I I I I I I I . is in progress use extraordinary care to see that adjacent buildings are not endangered in any way by reason of fire, water, or construction operations, and to this end shall take such steps as may be necessary or directed to protect the property therefrom, and the same care shall be exercised by all Contractor's and subcontractor's employees. The Contractor shall give due notice to any controlling person, department, or public service company prior to adjusting items to grade and shall be held strictly liable to the Owner if any such items are disturbed, damaged, or covered up during the course of the work. The Contractor shall not disturb, remove, or relocate any land monuments and property marks until an authorized agent has witnessed or otherwise referenced their location. 11.7 Any temporary drains and drainage which may be required by the Contractor during the construction period shall be furnished, installed, and maintained by him. No such drains or drainage systems shall be installed or used without the prior approval of the 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. I I I I I I I 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 Landfill Grassing/6-16-00 00600-20 I I I I I I I I I I I I I I I I I I I 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 construction an amount of work greater than he can prosecute properly with due regard to the rights of the public. Construction operations shall be conducted in a manner that will cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses, buildings, or other facilities in the vicinity of the work shall be maintained and temporary access facilities for public roadways shall be provided and maintained in satisfactory condition. 11.13 Satisfactory facilities shall be provided by the Contractor for maintaining public access and travel, and every effort shall be made to reduce any necessary inconveniences to a minimum. 11.14 In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury, or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from these Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. 11.15 The Contractor shall carefully preserve all monuments, bench marks, property markers, reference points, and stakes. In case of his destruction thereof, the Contractor will be charged with the expense of replacement and shall be responsible for any mistake or loss of time that may be caused. Permanent monuments or bench marks which must be removed or disturbed shall be protected until properly referenced for relocation. The Contractor shall furnish Landfill Grassing/6-16-00 00600-21 I I I I I I I I I I I I I I I I I I I materials and assistance for the proper replacement of such monuments or bench marks. , 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. landfill Grassing/6-16-00 00600-22 I I I I I I I I I I I I I I I I I I I 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 the performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIELD ORDER entitles him to a change in CONTRACT PRICE or TIME, or both, in which event he shall give the ENGINEER WRITTEN NOTICE thereof within seven (7) days after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for the change in CONTRACT PRICE or TIME within thirty (30) days. The CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER or further instruction from the OWNER. 13.3 The Owner reserves the right to make at any time, without prior notice to the surety, such alterations in the Drawings or in the character of the work as the Owner may consider necessary or desirable to complete the proposed work in a satisfactory manner and consistent with the intent of these Contract Documents. Notice of every such alteration or change shall be given in writing to the Contractor by the Engineer, and no such alteration or change shall be considered as constituting a waiver of any of the provisions of these Contract Documents or as nullifying or invalidating any of such provisions. Should any such alteration or change result in an increase or decrease in the quantity or the cost of the work or materials described in these Contract Documents, the total amount payable under the Contract will be accordingly modified. If alterations or changes are thus made, the contract time will be correspondingly modified, if the Contractor so requests, before commencing the work attributable to such alterations or changes. 13.4 It is understood and agreed that the Contractor shall perform all extra work that may be ordered in writing by the Engineer acting on the specific authority of the Owner arising out of the modification of the Specifications or Drawings made or approved by the Owner. For this extra work, the Contractor shall be compensated as provided hereinafter and in the Change Order covering the extra work. 13.5 Extra work is defined as: (1) that additional work of a different character or function and for which no basis of payment is prescribed in these Contract Documents; or (2) that work involving revisions of the details of the work in such manner as to render inequitable payment under items upon which the Contractor bid; or (3) that additional work of a similar nature and character as that done under the unit prices named in these Contract Documents. 13.6 No claim for extra work will be considered unless said extra work was ordered in writing as aforesaid and the claim presented in writing to the Engineer within 30 days after receipt by the Contractor of the written order to perform said extra work. Landfill Grassing/6-16-Q0 00600-23 I I I I I I I I I I I I I I I I I I I 13.7 If the performance of the extra work results in additional time being required by the Contractor to complete the work covered by these Contract Documents, said Change Order will provide for an equitable extension in the contract time. 13.8 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. 14. CHANGES IN CONTRACT PRICE 14.1 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. (4) Method D If neither method "B" or "C" can be agreed upon before the changed or extra WORK is started, then the CONTRACTOR shall be paid the "actual field cost" of the WORK plus 15 percent. 14.2 Whenever any change or extra WORK is to be done, for which UNIT PRICES for the same type or class of work are contained in the CONTRACT DOCUMENTS, such WORK shall be done and will be measured and paid for pursuant to "Method A" hereinabove set forth and applicable portion of the CONTRACT DOCUMENTS. 14.3 Methods Band C shall include an ITEMIZED COST BREAKDOWN for the material and labor involved, and a maximum of 15 percent for overhead and profit. 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 a SUBCONTRACTOR. 14.4 Resort will not be had, in any case, to "Method D" until negotiation has been entered into by the parties hereto under Methods B, or C as hereinabove set forth. Landfill Grassing/6-16.00 00600-24 I I I I I I I I I I I I I I I I I I I 14.5 When any CHANGED or EXTRA WORK is performed under "Method 0", the term "ACTUAL FIELD COST" of such CHANGED or EXTRA WORK is hereby defined to be and shall include: (1) The actual payroll cost of all workmen such as foremen, equipment operators, mechanics, and laborers, for the time spent actually performing the CHANGED or EXTRA WORK. (2) All materials and supplies incorporated in the CHANGED or EXTRA WORK. (3) All machinery and equipment for the time actually employed or used in the performance or the change or extra WORK based on the appropriate State Department of Highway's Equipment Schedule in force at the date of the Change Order. (4) Any transportation charges necessarily incurred in connection with any equipment authorized for use on said CHANGED or EXTRA WORK but which is not already on the site. (5) All power, fuel, lubricants, water, and similar operating expenses as well as other expendable materials. (6) All incidental expenses incurred as a direct result of such CHANGED or EXTRA WORK, including payroll taxes and a prorated portion of the premium on the PERFORMANCE, PAYMENT and MAINTENANCE BOND, and, where 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 FI ELD COSTS". 14.6 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 "0". 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. 14.7 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 Landfill Grassing/6-16-00 00600-25 I I I I I I I I I I I I I I I I I I I herein defined. In determining the amount payable to the CONTRACTOR an additional 5 percent may be addea to the amount payable to a SUBCONTRACTOR, but no "pyramiding" or additional percentage will be authorized for any WORK done by SUBCONTRACTORS. 14.8 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. 15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 15.1 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. 15.2 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. 15.3 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 day that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT DOCUMENTS. 15.4 The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the WORK is due to the following, and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the ENGINEER. 15.4.1 To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, or of the public enemy, acts of the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and 15.4.2 To any delays of SUBCONTRACTORS occasioned by any of the causes specified in this article. 15.5 The assessment of liquidated damages for failure to complete the WORK within the CONTRACT TIME shall not constitute a waiver of the OWNER's landfill Grassing/6-16-00 00600-26 I I I I I I I I I I I I I I I I I I I right to collect any additional damages which the OWNER may sustain by failure of the CONTRACTOR to carry out the terms of his CONTRACT. 15.6 Time extensions, however, will not be granted for rain, wind, flood or other natural phenomena of normal intensity for the locality where WORK is performed. For purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for at least any continuous one-fourth of the CONTRACT PERIOD involved with the average of the preceding 5 year climatic range during the same time interval based on US Weather Bureau statistics for the locality where the WORK is performed. 15.7 An extension of the CONTRACT PERIOD may be granted by the OWNER for any of the following reasons: (1) Additional WORK resulting from a modification of the CONTRACT DOCUMENTS for the PROJECT. (2) Any preference, priority or allocation order duly issued by the Government. (3) Unforeseeable cause beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God which are unusual weather phenomena, or acts of the public enemy, acts of the OWNER, fires, epidemics, quarantine restrictions, industrywide strikes, freight embargoes, and severe weather as provided above. (4) Delays of a CONTRACTOR'S SUBCONTRACTORS or suppliers occasioned by any of the causes specified in (2) and (3) hereof. 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 Landfill Grassing/6-16-00 00600-27 I I I I I I I I I I I I I I I I I I I 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. 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. 17. SUBSURFACE CONDITIONS 17.1 The Owner makes no representations about any subsurface conditions that may be encountered within the scope of the project. The Contractor should satisfy himself/herself by onsite inspections. The risk of encountering and correcting such subsurface condition shall be borne solely by the Contractor, and the contract price shall include the cost of performing the work complete- in-place. 18. SUSPENSION OF WORK. TERMINATION. AND DELAY 18.1 The OWNER may suspend the WORK or any portion thereof for a period of not more than ninety (90) days or such further time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the ENGINEER which notice shall fix the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed. The Landfill Grassing/6-16-00 00600-28 I I I I I I I I I I I I I I I I I I I CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to any suspension. 18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of- his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or if he fails to supply sufficient skilled workmen or suitable materials or equipment, or if he fails to make prompt payments to SUBCONTRACTORS or for labor, materials, or equipment or if he disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction of the WORK or if he disregards the authority of the ENGINEER, or if he otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNER may, without prejudice to any other right or remedy and after giving the CONTRACTOR and his surety a minimum of ten (10) days from delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and take possession of the PROJECT and of all materials, equipment, tools, construction equipment, and machinery thereon owned by the . CONTRACTOR, and finish the WORK by whatever method he may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the work is finished, If the unpaid balance of the CONTRACT PRICE exceeds the direct and indirect costs of completing the PROJECT, including compensation for additional professional services, such excess SHALL BE PAID TO THE CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER. Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a CHANGE ORDER. 18.3 Where the CONTRACTOR's services have been so terminated by the OWNER, said termination shall not affect any right of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies by the OWNER due to the CONTRACTOR will not release the CONTRACTOR from compliance with the CONTRACT DOCUMENTS. 18.4 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. 18.5 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. Landfill Grassing/6-16-00 00600-29 I I I I I I I I I I I I I I I I I I 18.6 18.7 18.8 18.9 19. 19.1 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. PAYMENTS TO CONTRACTOR At least ten (10) days before each progress payment falls due (but not more than once a month), the CONTRACTOR will submit to the ENGINEER a partial payment estimate filled out and signed by the CONTRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the WORK but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the OWNER, as will establish the OWNER's title to the material and equipment and protect his interest therein, including applicable - Landfill Grasslng/6-16-00 00600-30 I I I I I I I I I I I I I I I I I I I insurance, The ENGINEER will either indicate in writing his approval of payment and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWNER will pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The OWNER shall retain ten (10) percent of the amount of each payment until final completion and acceptance of all work covered by the CONTRACT DOCUMENTS. The OWNER at any time, however, after fifty (50) percent of the WORK has been completed, if he finds that satisfactory progress is being made, shall reduce retainage to five (5%) percent on the current and remaining estimates. When the WORK is SUBSTANTIALLY COMPLETE (operational or beneficial occupancy). the retained amount may be further reduced below five (5) percent to only that amount necessary to assure completion. On completion and acceptance of a part of the WORK on which the price is stated separately in the CONTRACT DOCUMENTS, payment may be made in full, including retained percentages, less authorized deductions. 19.2 The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site. 19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the concurrence of the CONTRACTOR, may use any completed or SUBSTANTIALLY COMPLETED portions of the WORK. Such use shall not constitute an acceptance of such portions of the WORK. 19.4 The OWNER shall have the right to enter the premises for the purpose of doing work not covered by the CONTRACT DOCUMENTS. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the WORK, or the restoration of any damaged WORK except such as may be caused by agents or employees of the OWNER. 19.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue a certificate attached to the final payment request that the WORK has been accepted by him under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the CONTRACTOR, including the retained percentages. but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance of the WORK. 19.6 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, Landfill Grassing/6-16-00 00600-31 I I I I I I I I I I I I I I I I I I I 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. 19.7 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. 19.8 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 obligation to make good any defective work or material or of any provisions of these Contract Documents. 19.9 No compensation will be made in any case for loss of anticipated profits. 19.10 The basis of payment shall be the contract unit prices and/or contract lump sum price(s) named in these Contract Documents. 19.11 The measurement of quantities shall be made by the Engineer in accordance with the Specifications and other Contract Documents. 19.12 If the Contract is based on a unit price bid, the items of work to be measured and the units of measurement shall be as set forth in the Bid Proposal Form. landfill Grassing/6-16-00 00600-32 I I I I I I I I I I I I I I I I I I I Only net quantities of finished work will be measured. Any items of work not set forth in the Bid Proposal Form, but necessary or convenient for the satisfactory completion of the work under the terms of these Contract Documents, shall not be measured separately and shall be considered a part of said items of work set forth in the Bid Proposal Form. 19.13 If the Contract is based on a lump sum bid, the measurement of quantities for progress estimates and progress payment requests will be made by the Contractor, subject to the Engineer's approval, and will be based on items of work and the value thereof contained in the Contractor's Schedule of Values. A final measurement of quantities will not be required. 19.14 The Contractor may submit to the Engineer a progress payment request for the amount of work accomplished, products furnished, and products stored at the site during the previous month. Three (3) signed copies of each request shall be furnished. The progress payment request shall be signed by the Contractor and be supported by such data as the Engineer may reasonably require. If payment is requested for products not incorporated in the work but delivered and suitably stored at or near the site, the progress payment request shall also be accompanied by such supporting data, satisfactory to the Owner, as will establish the Owner's title to said products and protect his interest therein, including appropriate insurance. The Contractor shall furnish a proper and duly executed written authorization designating those persons who will be authorized to sign and/or certify progress payment requests for the Contractor. 19.15 It is understood and agreed that the approval of the progress payment request and the paying of a partial payment shall not be construed as acceptance of any work, materials, or products and shall not relieve the Contractor in any way from his responsibilities and obligations under these Contract Documents. 19.16 A partial payment will not be made when, in the judgment of the Owner or the Engineer, the work is not proceeding in accordance with any of the provisions of these Contract Documents. 19.17 Upon completion of the work and after final acceptance of the work by the Owner, the Engineer will be authorized to prepare a final estimate of the work performed by the Contractor under these Contract Documents and to prepare a final payment request. Preparation of the final estimate and final payment request will not be authorized until the affidavits, releases of liens, and other statements and certifications required of the Contractor under these Contract Documents have been received by the Owner. The Engineer will submit to the Owner the final estimate and the final payment request, 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. Landfill Grassing/6-16-00 00600-33 I I I I I I I I I I I I I I I I I I I 19.18 Final payment to the Contractor by the Owner shall not selVe to release the Contractor or his sureties from their obligations or responsibilities under or in connection with these Contract Documents. 19.19 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. 20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE 20.1 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. 21. INSURANCE 21.1 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; 21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) by any other person; and Landfill Grasslng/6-16-00 00600-34 I I I I I I I I I I I I I I I I I I I 21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 21.2 Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the WORK. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled unless at least thirty (30) days prior WRITTEN NOTICE has been given to the OWNER. 21.3 The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, liability insurance as hereinafter specified. The limits of liability the CONTRACT TIME, liability insurance as hereinafter specified. The limits of liability must be at least equal to the limits carried by Augusta- Richmond County. 21.3.1 CONTRACTOR's General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting him from all claims for personal injury, including death,' and all claims for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether such operations be by himself or by any SUBCONTRACTOR under him, or anyone directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR under him. Insurance shall be written with a limit of liability of not less than $1,000,000 for all damages arising out of bodily injury, including death, at any time resulting'therefrom, sustained by anyone person in anyone accident; and a limit of liability not less than $1,000,000 aggregate for any such damages sustained by two or more persons in anyone accident. Insurance shall be written with a limit of liability of not less than $1,000,000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less than $1,000,000 aggregate for any such damage sustained by two or more persons in anyone accident. 21.3.2 The CONTRACTOR shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the PROJECT to the full insurable value thereof for the benefit of the OWNER, the CONTRACTOR, and SUBCONTRACTOR as their interest may appear. This provision shall in no way release the CONTRACTOR or CONTRACTOR's Surety from obligations under the CONTRACT DOCUMENTS to fully complete the PROJECT. 21.4 The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, in accordance with the provisions of the laws of the state in which the work is performed, WORKMEN'S Compensation Insurance, including 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 Landfill Grassing/6-16-00 00600-35 I I I I I I I I I I I I I I I I I I I shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of his employees not otherwise protected. 21.5 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. 21.6 Each insurance policy shall be renewed 10 days before the expiration date thereof. 21.7 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. 21.8 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.; and 5. Damage to US government markers. The insurance certificates themselves must contain the naming of the aforestated special hazards. 21.9 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. 21.10 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. Landfill Grasslng/6-16-00 00600-36 I I I I I I I I I I I I I I I I I I I 22. CONTRACT SECURITY 22.1 The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE OF AWARD furnish the OWNER with a Performance Bond and a Payment Bond in penal sums equal to the amount of the CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR of all undertakings, covenants, terms, conditions, and agreement of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all persons supplying labor and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed by the CONTRACTOR and a corporate bonding company licensed to transact such business in the state in which the WORK is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these BONDS shall be borne by the CONTRACTOR. If at any time a surety on any such BOND is declared a bankrupt or loses its right to do business in the state in which the WORK is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or BONDS) in such form and sum signed by such other surety or sureties as may be satisfactory to the OWNER. The premiums on such BOND shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable BOND to the OWNER. 22.2 Payment Bond in the amount of 100 percent of the contract price and a Performance Bond in the amount of 100 percent of the contract price shall be required in the form set forth in the Contract Documents. 22.3 Whenever a Construction and Maintenance or Maintenance Bond may be required in these Contract Documents, the same shall be the Performance Bond included herein. 22.4 The attorney-in-fact or officer who signs the Performance Bond and the Payment Bond for a surety must file with such bond a certified copy of his power of attorney authorizing him to do so. 23. ASSIGNMENTS 23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign, or otherwise dispose of the CONTRACT or any portion thereof, or of his right, title, or interest therein, or his obligations thereunder, without written consent of the other party. 23.2 In case the Contractor assigns all or any part of any money due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and Landfill Grassing/6-16-o0 00600-37 I I I I I I I I I I I I I I I I I I I to any money due or to become due to the Contractor shall be subject to prior claims of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in these Contract Documents. 24. INDEMNIFICATION 24.1 The CONTRACTOR will 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 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. 24.2 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. 24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, DRAWINGS, opinions, reports, surveys, CHANGE ORDERS, designs or SPECIFICATIONS, 24.4 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. 24.5 The Contractor shall require his insurance carrier to add the Owner, his professional consultants and their agents as additional insureds under the Contractor's general liability insurance policy with respect to the services performed by the contractor for the Owner. Landfill Grassing/6-16-Q0 00600-38 I I I I I I I I I I I I I I I I I 25. 25.1 25.2 26. 26.1 26.2 26.3 26.4 26.5 . . 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. The OWNER may perform additional WORK related to the PROJECT by himself, or he may let other CONTRACTS containing provisions similar to these. The CONTRACTOR will afford the other CONTRACTORS who are parties to such CONTRACTS (or the OWNER, if he is performing the additional WORK himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of WORK, and shall properly connect and coordinate his WORK with theirs. SUBCONTRACTING The CONTRACTOR may utilize the services of specialty SUBCONTRACTORS on those parts of the WORK which, under normal contracting practices, are performed by specialty SUBCONTRACTORS. The CONTRACTOR shall not award WORK to SUBCONTRACTOR(s), in excess of fifty (50) percent of the CONTRACT PRICE, without prior written approval of the OWNER. The CONTRACTOR shall be fully responsible to the OWNER for the acts and omissions of his SUBCONTRACTORS, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. 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 the 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 the CONTRACT DOCUMENTS. Nothing contained in this CONTRACT shall create any contractual relation between any SUBCONTRACTOR and the OWNER. Landfill Grassing/6-16-00 00600-39 I I I I I I I I I I I I I I I I I 26.6 The Contractor shall give his personal attention to the fulfillment of the Contract and shall at all times keep the work under his control. 26.7 The Contractor may subcontract portions of the work; however, he shall not award any work to any subcontractor without prior written approval of the Owner. The Owner's approval will not be given until the Contractor submits to the Owner a satisfactory statement concerning the proposed award to a subcontractor. "Work" as used herein, shall include the procurement and/or fabrication and the installation of the equipment described in the Specifications. 26.8 The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for acts or omissions of persons directly employed by him. All subcontractors shall be deemed to be agents of the Contractor. 26.9 The approval of the Owner of any subcontractor shall not, under any circumstances, operate to relieve the Contractor or his sureties of any of his or their obligations under these Contract Documents. It is understood and 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. 26.10 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. 26.11 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. 26.12 The Contractor shall inspect all work performed by subcontractors for compliance with these Contract Documents. 27. ENGINEER'S AUTHORITY . . 27.1 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 Landfill Grassing/6-16-00 00600-40 I I I I I I I I I I I I I I I I I I I 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. 27.2 The CONTRACTOR shall perform all of the WORK herein specified under the general direction, and to the entire satisfaction, approval, and acceptance of the Engineer. 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. 27.3 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. 27.4 The CONTRACTOR will be held strictly to the intent of the CONTRACT DOCUMENTS in regard to the quality of materials, workmanship, and execution of the WORK. Inspections may be made at the factory or fabrication plant of the source of material supply. 27.5 The ENGINEER will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. 27.6 The ENGINEER shall promptly make decisions relative to interpretation of the CONTRACT DOCUMENTS. 27.7 The Engineer may appoint such inspectors as he may desire. Inspection will extend to all parts of the work and" to the preparation and manufacture of the materials to be used. An inspector.is placed on the work to keep the Engineer and Owner informed as to the progress of construction and the manner in which it is being done and also to call to the attention of the Contractor any deviation from the Drawings and Specifications. 27.8 The inspectors have the authority to reject defective material or work that is being improperly done subject to the final decision of the Engineer. The inspectors are not authorized to revoke, alter, enlarge, or relax the provisions of these conditions, nor are they authorized to approve or accept any portion of the completed work, or to issue instructions contrary to the Drawings and Specifications. 27.9 The Contractor may request written instructions from the Engineer upon any important items which lie within the inspector's jurisdiction. landfill Grassing/6-16-00 00600-41 I I I I I I I I I I I I I I I I 27.10 In providing the Owner with consulting and inspection services during construction, the Engineer and his employees do not assume any duty to supervise construction and safety procedures followed by any contractor, subcontractor and/or their respective employees or to any other person; nor for any public liability or for property damage caused through acts of the Contractor, subcontractor, and/or their respective employees or any other persons. 28. LAND AND RIGHTS-OF-WAY 28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land and 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. 28.2 The OWNER shall provide to the CONTRACTOR information which delineates and describes the lands owned and rights-of-way acquired. 28.3 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. 28.4 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. 29. GUARANTY . ii 29.1 The CONTRACTOR shall guarantee all materials and equipment furnished and WORK performed for a period of one (1) year from the date of ACCEPTANCE BY OWNER. The CONTRACTOR warrants and guarantees 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 landfill Grassing/6-16-00 00600-42 I I I I I I I I I I I I I I 30. 30.1 30.2 30.3 31. 31.1 32. 32.1 - 33. 33.1 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 guarantee 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 connection with the work. It is understood and agreed that the cost of said taxes is included in the contract price{s) for the work. The Contractor shall procure all temporary and permanent permits and licenses necessary and incidental to the due and lawful prosecution of the work and shall pay all charges and fees, and all costs thereof shall be deemed to be included in the contract price{s) for the work. DISPUTES All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. CONTRACT PROVISIONS REQUIRED BY LAW It is understood and agreed that each and every provision and clause required by local, state, and federal laws to be inserted in these Contract Documents shall be deemed to be inserted herein in their entirety, and the Contract Documents shall be read and enforced as though they were included herein. If through mistake or otherwise any such provision or clause is not inserted or is not correctly inserted, these Contract Documents shall fo.rthwith be physically amended to make such insertion or correction upon the application of either party of the Contract. PROHIBITED INTEREST No member of or delegate to Congress or resident commissioner shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. landfill Grassing/6-16-00 00600-43 I I I I I I I I I I I I I I I I I I I 33.2 No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory, or other similar functions in "connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. 34. USE OF PREMISES AND REMOVAL OF DEBRIS 34.1 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. landfill Grassing/6-16-00 00600-44 I I I I I I I I I I I I I I I I I I I 35. ESTIMATE OF QUANTITIES 35.1 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. 35.2 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. 35.3 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 satisfactory completion of the work, in accordance with and within the intent of these Contract Documents, in the price(s) bid and that the price(s) bid provide for the satisfactory completion of the work specified in these Contract Documents. 36. CONTRACTOR'S OBLIGATIONS 36.1 The Contractor shall in good workmanlike manner perform all work and furnish all supplies and materials, machinery, equipment, facilities, and means, except as herein otherwise expressly specified, necessary or proper to perform and complete the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Drawings covered by this Contract and all supplemental Drawings, and in accordance with the directions of the Engineer as given from time to time during the progress of .the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the Contract and Specifications and shall do, carry on, and complete the entire work to the satisfaction of the Engineer and the Owner. 36.2 The Contractor shall restore disturbed areas to original or better condition. 36.3 When work performed under this Contract is in areas where easements and working agreements have been obtained by the Owner on private properties, it shall be the responsibility of the Contractor to protect trees, shrubs, gardens, etc., insomuch as is possible and to restore said properties to the satisfaction of the property owners. Said protection and restoration shall include but not landfill Grasslng/6-16-00 00600-45 I I I I I I I I I I I I I I I I I I I be limited to the fencing off of trees and shrubs, transplanting of trees and shrubs, etc., replacing topsoil removed with topsoil of equal or better quality, regrassing, and replacing fences. All expenses for said protection and restoration shall be borne by the Contractor, and no separate payment shall be made for this work. 36.4 When work is done on private property in easements and working agreements obtained by the Owner, the Contractor shall furnish affidavits from the property owners attesting to the fact that their property has been satisfactorily restored before that portion of the work will be considered for final payment. 37. PAYMENTS BY CONTRACTOR 37.1 The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered; (b) for all materials, tools, and other expendable equipment to the extent of 90 percent of the cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof not later than the 30th day following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used; and (c) to each of his subcontractors, not later than the 5th day following 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. 38. WAIVER' 38.1 It is expressly understood and agreed that any waiver granted by the Engineer or the 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. 38.2 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. 39. CHEMICALS 39.1 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. landfill Grassing/6-16-00 00600-46 I I I I I I I I I I I I I I I I I I I 40. CONNECTING OF EXISTING WORK 40.1 The Contractor shall remove such existing material as is necessary in order to make the proper landscaping connections. Also, he shall place any necessary other materials in order that on completion of the Contract, all area has established grass. 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. 41. PROGRAM AND METHOD OF CONSTRUCTION 41.1 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. 42. BUILDING AND SHANTIES 42.1 No shanties, camps, or buildings for the housing of men employed on the work shall be erected on land owned or leased by the Owner unless a permit, in writing, is secured from the Owner allowing their construction. Should permission be asked and granted, the Contractor must comply with all regulations regarding the construction and maintenance of such buildings. 43. SEWAGE. SURFACE. AND FLOOD FLOWS 43.1 The Contractor shall furnish all necessary equipment, materials, and labor at his expense for handling, passing, and disposing of all sewage, seepage, surface, subsurface, and flood flows encountered at any time during the prosecution of the work. It is understood and agreed that the Contractor shall bear all risks associated with said flows; shall indemnify the Owner and the Engineer from any liabilities resulting from said flows; and shall not make any claim for additional compensation for delays or damage resulting from said flows. The manner of providing for these flows shall be satisfactory to the Engineer and in conformance with all applicable laws and regulations. 43.2 The Contractor will minimize siltation and bank erosion during construction. 43.3 During the period of construction the Contractor shall cooperate with the Owner's employees in maintaining all existing facilities in operation. The cost landfill Grassing/6-16-00 00600-47 I I I I I I I I I I I I I I I I I I I of any temporary connections or bypasses shall be included in the price bid for other items of work under this Contract as no separate payment will be made. 43.4 No wastewater will be bypassed during construction unless a schedule has been approved by the applicable state Department of Public Health and the EPA if required pursuant to terms of NPDES permit. 44. OBSTRUCTIONS ENCOUNTERED 44.1 In addition to showing the structures to be built under this Contract, the Drawings show certain information obtained by the Owner regarding the pipelines and other structures which exist along the site of the work, both at and below the surface of the ground. The Owner expressly disclaims any responsibility for the accuracy or completeness of the information , said structures and pipelines being shown only for the convenience of the Contractor who must verify the information to his own satisfaction. The giving of this information upon the Drawings will not relieve the Contractor of his obligations to support and protect all pipelines and other structures which may be encountered during the construction of the work and to make good all damages done to such pipelines and structures as provided in these General Conditions. 45. USE OF STREETS 45.1 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 onehalf 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. 45.2 Required line crossings of all streets and roads shall be done in accordance with the applicable state Department of Transportation procedures. 45.3 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 Landfill Grassing/6-16-00 00600-48 I I I I I I I I I I I I I I I I I I I 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. 45.4 The Contractor shall maintain proper barricades and flagmen to detour traffic. 45.5 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 caused 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 or sewers. 46. ACCESS BY REPRESENTATIVES OF GOVERNMENTAL AGENCIES 46.1 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. 47. LOCAL AND STATE LAWS 47.1 The Contractor shall abide by all local and state laws or ordinances to the extent that such requirements do not conflict with federal laws or regulations. 48. "OR EQUAL" CLAUSE 48.1 Any reference to an item of equipment or material by a specific manufacturer's brand or trade name in these Contract Documents is intended merely as a standard. Products or materials of other manufacturers which, in the opinion of the Engineer are the equal of that specified, considering quality, workmanship, and economy of operation, and suitable for the purpose intended, will be accepted. 48.2 Where the phrase "or equal" occurs in the Contract Documents, the Contractor shall not assume that materials, equipment, or methods will be approved by the Engineer unless the item has been specifically approved for this project by the Engineer. 48.3 The decision of the Engineer shall be final. 48.4 The Contractor shall provide all data required by the Engineer to verify the equality of items which the Contractor may wish to substitute for the specified items. landfill Grassing/6-16-00 00600-49 I I I I I I I I I I I I I I I I I I I 48.5 The Contractor shall verify prior to bidding that all specified items will be available in time for installation during orderly and timely progress of the project. 48.6 In the event specified items will not be so' available, the Contractor shall notify the Engineer prior to receipt of bids. 48.7 Costs of delays because of nonavailability of specified items, when such delays could have been avoided by the Contractor, will be backcharged as necessary and shall not be borne by the Owner. 48.8 In cases where experience clauses are used, an alternate bond or cash deposit may be accepted from manufacturers which do not meet the specified experience period. The bond or cash deposit provided by the manufacturer or supplier will guarantee replacement of the equipment or process in the event of failure or unsatisfactory service. The period of time for which the bond or cash deposit is required shall be the same as the experience period of the time specified. 49. NEW JOB OPPORTUNHIES 49.1 The Contractor shall: a. To the maximum extent practicable, follow hiring and employment practices which will assure that performance of the work results in new job opportunities for the unemployed and the underemployed; and b. Insert or cause to be inserted the same or similar provisions in each construction subcontract. 50. CONSTRUCTION RESTRICTIONS 50.1 Heavy construction machinery shall not be used within five hundred (500) feet of residential areas between the hours of 7:00 p.m. and 7:00 a.m. 50.2 No blasting or drilling shall be allowed. 51. LEADBASED PAINT AND JOINT SEALERS 51.1 No lead based paints, protective coatings, or joint sealers may be used on this project. 52. COOPERATION WITH PUBLIC UTILITIES 52.1 The Contractor shall notify the owners of adjacent utilities when the prosecution of the work may affect the utility facilities or operation. The landfill Grassing/6-16-00 00600-50 I I I I I I I I I I I I I I I I I I I Contractor shall perform and carry on the 'work so as not to interfere with or damage utility facilities in the vicinity of the work. The Contractor shall take every possible precaution to properly protect and preserve, including temporary supports and bracing where necessary, the utility facilities from damage, injury, or displacement. The Contractor shall remedy all damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, or any person directly or indirectly employed or engaged by the Contractor or a subcontractor or any person for whose acts the Contractor or a subcontractor is liable. 52.2 The Owner and the Engineer will not be responsible for any delay in performing the work resulting from the existence, removal, or adjustment of any utility facilities. Additional costs incurred by the Contractor as a result thereof shall be borne solely by the Contractor. 52.3 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. 52.4 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. 52.5 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. landfill Grassing/6-16-00 00600-51 I I I I I I I I I I I I I I I I I I I 52.6 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. 52.7 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 utilities or structures be encountered that are in minor conflict with the alignment or gradient of the proposed work, the proposed work may be adjusted by the Engineer where such adjustment is feasible and will not interfere with the operation of the proposed system. No payment will be made for these adjustments. Where major conflicts in the proposed work and existing utilities or structures occur and adjustment of the new work is not feasible, then the Engineer may revise the alignment and/or grade to suit these conditions. If, in the opinion of the Engineer, these revisions are necessary and are outside the scope of the bid items, they will be paid for as extra work. 53. ABANDONMENT OR TERMINATION OF CONTRACT 53.1 For contracts over $10,000, the Owner reserves the right to abandon the Contract if it will be in the Owner's best interest. The Contractor will be paid a fair payment, as negotiated with the Owner, for the work completed to date. 54. EVIDENCE OF PAYMENT 54.1 The Contractor may be asked to present acceptable evidence from time to time that all bills have been paid for labor, materials, and equipment for which payment on account has been made in monthly estimates. Before final payment is made, the Contractor shall, if required by the Owner, present a sworn affidavit that all labor, materials, equipment, and services engaged for the work have been paid in full and that there are no outstanding debts or liens on any portions of the work. landfill Grassing/6-16-00 00600-52 I I I I I I I I I I I I I I I I I I I 55. ACCESSIBILITY OF RECORDS 55.1 The Owner, representatives of applicable federal agencies, the Comptroller General of the United States, or any of their duly authorized representatives, for a period of 3 years beyond completion of the Contract, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to this project for the purpose of making audit, examination, excerpts, and transcriptions of contracts in excess of $10,000. 56. ARCHAEOLOGICAL PLAN FOR IDENTIFICATION AND EXCAVATION OF SIGNIFICANT SITES 56.1 Identification and Excavation: Since no known sites are to be directly impacted by proposed construction, no plans have been made for archaeological excavations prior to construction. Due to the possibilities that sites may be encountered during construction, the following procedure has been established: 1. The resident engineer shall be instructed to notify either a local professional archaeologist or the director of the state Division of Archaeology in the event that concentrations of shells, pottery fragments, bones, beads, flint projectiles, etc., are encountered during construction. 2. 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. 3. If the site is determined to be significant, the resident 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 ** landfill Grasslng/6-16-00 00600-53 I I I I I I I I I I I I I I I I I I I 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) The successful bidder will be required as a part of the contract documentation to furnish specific items of insurance. Prior to the time the contract is submitted to the OWNER ( ) for final approval the OWNER must have in hand the following documentation: 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 landfill Grasslng/6-16-00 00700-1 I I I I I I I I I I I I I I I I I I I 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. d. Contractual liability coverage of not less than $1,000,000 to hold harmless the OWNER, his agents and the Engineer, in accordance with 1 (a) herein. e. Builder's Risk (Fire and Extended Coverage). The Contractor shall purchase and maintain adequate fire and standard extended coverage insurance upon the project. The insurance shall provide protection at all times against loss by the OWNER and Contractor until final acceptance of the entire project. This provision with respect to Builder's Risk Insurance shall in no way relieve the contract or of his obligation of completing the work covered by the contract. 1.3 The Certificate of Insurance must provide that the OWNER will be given ten (10) days prior written notice from the insurer before any insurance is canceled, modified or changed, as evidenced by a signed return receipt of certified mail. A statement that the insurer will attempt to give 30 days notice is acceptable. 1.4 The Certificate of Insurance must certify to and include the following: a. Policy number, policy limits and policy expiration date of all policies issued in accordance with this contract. b. Location and operations to which the insurance applies. c. Statement that blasting coverage is included to the extent to which such risk is present. d. Contractor's protective coverage for any subcontractor's operations; otherwise provide separate certificates for subcontractors. e. Certify that the Contractor has Contractual Liability Coverage which incorporates a Hold Harmless Agreement as specified herein. f. Certification mlJst be in accordance with the applicable insurance policies and are not intended to alter the policies. g. Shall name and be issued to the OWNER and the Engineer as insured under the policies. landfill Grassing/6-16-00 00700-2 I I I I I I I I I I I I I I I I I I I 1.5 Criteria for Holding Companies Submitting Surety Bonds to the OWNER. An insurer, to be acceptable, will be required to meet the following criteria: a. A Company holding a Certificate of Authority as an acceptable Surety on Federal Bonds, as published in the latest such listing in the Federal Register; and an insurance company licensed to do business within the State of Georgia as a company writing policies of insurance and/or bid bonds, payment bonds and performance bonds, regulated as such by the Georgia Department of 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. landfill Grassing/6-16-00 00700-3 I I I I I I I I I I I I I I I I I I I (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 been admitted in Georgia. (5) Proof that the company has a Certificate of License from its state of domicile. (6) There is presently not outstanding a current "rejection" or letter of "objection" against he company in any other state. 2.0 SUSPENSIONS. TERMINATION. AND DELAY (Refers to Article 18 of General Conditions) 2.1 If the OWNER terminates the contract, and if it is subsequently determined for any reason that the OWNER was not authorized to terminate the contract, the rights and obligations of the parties shall be the same as if the OWNER has issued a Notice of Termination to the Contractor as provided in Paragraph 2.2 hereinbelow. 2.2 The OWNER may, at any time, terminate, in whole or in part, the work under this contract for the OWNER'S convenience and without cause. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective; 2.3 After receipt of a Notice of Termination, and except as otherwise directed by the OWNER, the Contractor shall: a. Stop work under the contract on the date and to the extent specified in the Notice of Termination; b. Place no further orders or subcontracts for materials, services, or facilities except as necessary to complete the portion of the work under the contract which is not terminated; c. Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the Notice of Termination; d. Assign to the OWNER, in the manner, at the times, and to the extent directed by the OWNER, all of the right, title and interest of the Contractor under the orders and subcontracts so terminated. The OWNER shall have the right, in its discretion, to settle or pay any or landfill Grassing/6-16-00 00700-4 I I I I I I I I I I I I I. I I I I I I all claims anslng out of the termination of such orders and subcontracts; e. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratifica- tion of the OWNER to the extent the OWNER may require. Its approval or ratification shall be final for all the purposes of Article 2.3.e. f. Transfer title to the OWNER, and delivery in the manner, at the times, and to the extent, if any, directed by the OWNER, (i) the fabricated or unfabricated 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 2.3.1., 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, i. 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 landfill Grassing/6-16-00 00700-5 I I I I I I I I I I I I I I I I I I I 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 amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in Article 2.6 prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the OWNER to agree upon the whole amount to be paid to the Contractor because of the termination of work under this clause, shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to Article 2.5. 2.6 If the Contractor and the OWNER fail to agree as Article 2.5 provides, on the whole amount to be paid to the Contractor because of the termination of work under Article 2.4, the OWNER shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined as follows: a. For all work performed before the effective date of the Notice of Termination, the total (without duplication of any items) of: landfill Grassing/6-16-00 i. The cost of such work; ii. The cost of settling and paying claims arising out of the termination of work under subcontracts or others as Article 2.5 provides. This cost is exclusive of the amounts paid or payable on account of supplies or materials delivered or services furnished by the subcontractor before the effective date of the Notice of Termination. These amounts shall be included in the cost on account of which payment is made under (i) above; and, iii. A sum, as profits on (i) above, that the OWNER determines to be fair and reasonable. But if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (Hi) and an appropriate adjustment shall be made 00700-6 I I I I I I I I I I I I I I I I I I I reducing the amount of the settlement to reflect the indicated rate of loss. b. The reasonable cost of the preservation and protection of property incurred under Article 2.3.i and any other reasonable cost incidental to termination of work under this contract, including expense inciden- tal to the determination of the amount due to the Contractor as a result of the termination of work under this contract. The total sum to be paid to the Contractor under Article 2.6.a 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. Except for normal spoilage and except to the extent that the OWNER shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amount payable to the Contractor under Article 2.6.a above, the fair value, as determined by the OWNER of property which is destroyed, lost, stolen, or damaged to the extent that it is undeliverable to the OWNER, or to a buyer under Article 2.3.g; 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 continueg portion of the contract when the contract does not contain an established contract price for the continued portion. landfill Grassing/6-16-00 00700-7 I I I I I I I I I I I I I I I I I I I 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, o~ 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 TIME FOR COMPLETION AND LIQUIDATED DAMAGES (Refers to Article 15 of General Conditions) 3.1 Full completion of the , within the contract time, is of vital importance to the public health and to the OWNER. It must be placed into full operation at the earliest feasible date. , 3.2 If the Contractor's proposed progress indicated on his construction progress schedule and/or the actual progress attained during construction lies within the range of the following check points, the schedule and/or the actual progress attained shall be considered satisfactory insofar as the time- performance feature is involved: Percentage of Contract Time Percentage of Accumulated Progress 0..................................................................................................... 0 10. ........... ...... .............................. ............... ..... .................................1 20................................................................................................... ..3 30...................................................................................................13 40.......................................... ."........................................................ 28 50...................................................................................................40 60.. ....... ......................................... .................................................60 70................................................................................................... 76 80...................................................................................................89 90...................................................................................................96 100 ........... ....................................... ......... ................ ....... ........ ......100 Percentages shall indicate work in olace only (excluding materials stored on the site). 3.3 In the event the Contractor shall be delinquent in respect to compliance with the time limits established in Paragraph 4.2, he shall, within seven days after landfill Grassing/6-16-00 00700-8 I I I I I I I I I I I I I I I I I I I receipt of written demand of the OWNER, COMMENCE WORKING NOT LESS THAN A TWELVE-HOUR DAY AND NOT LESS THAN SIX DAYS A WEEK UNTIL SUCH TIME AS HE SHALL HAVE BROUGHT THE AMOUNT OF WORK IN PLACE INTO COMPLIANCE WITH THE CONSTRUCTION PROGRESS SCHEDULE. Fulfillment of this requirement as to overtime work shall not relieve the Contractor from liability for breach of the covenant as to time. For account of recovery of lost time required of the contractor for his breach of the covenant as to time, the Contractor shall be entitled to no claim against the OWNER for any payment, repayment, reimbursement, remittance, remuneration, compensation, profit, cost, overhead, expense, loss, expenditure, allowance, charge, demand, hire, wages, salary, tax, cash, assessment, price, money, bill, statement, dues, recovery, restitution, benefit, recoupment, exaction, injury, or damages. 3.4 The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress ~s 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. 3.5 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 Feb Mar April 10 days 9 days 9 days 8 days May 10 days June 8 days July 11 days Aug 9 days Sept Oct Nov Dec 7 days 6 days 7 days 8 days 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: landfill Grassing/6-16-00 00700-9 I I I I I I I I I I I I I I I I I I I 4.0 ,/ 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 'lstart-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 is less than the TOTAL to have been expected for that same period. Fr 1-f~ ur~ PAYMENTS TO CONTRACTOR (Refers to Article 19 of General Conditions) ~ .YA b (60/ -A- 4.1 The Contractor will get paid-fifty (50) percent of the total Contr amount at completion of the erosion mats installation and establish t of temporary grassing. The Contractor will get paid another '{-25Ji>ercent of the total Contract amount at completion of permanent grassin~hase of the project. The Owner shall retain twenty-five (25) percent of the total Contract amount until final completion and acceptance of all work covered by the Contract Documents. 4.2 This agreement shall supersede and take the place of all requirements of "Georgia Prompt Payment Act, Georgia Laws, 1994, p. 1398. Any payment due Contractor under the terms of this contract which remains unpaid without justification after the due date set forth in this contract shall bear interest at the rate of 7% per annum until payment has been made in full provided notice has been given as requked by O.C.G.A. ~13-11-7. 4.3 Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due CONTRACTOR on any sum held as retainage pursuant to this Agreement and CONTRACTOR specifically waives any claim to same. 4.4 This agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this agreement is inconsistent with at:ly provision of the Prompt Pay Act, the provision of this agreement shall control. landfill Grassing/9-27 -00 00700-10 I I I I I I I I I I I I I I I I I I I 5.0 SUBSTITUTIONS (Refers to Article 8 of General Conditions) Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contractor. ** END OF SECTION ** landfill Grassing/9-27-00 00700-11 I I I I I I I SECTION 01010 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 workman~hip 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. I I I I I I I I I I I ** END OF SECTION ** landfill Grassing/6-16-00 01010-1 I I I I I I I I I I I I I I I I I I I SECTION 01020 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 Dean's 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 ** landfill Grassing/6-16-00 01020-1 I I I I I I I I I I I I I I I I I I I SECTION 01030 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 established on the site. The full responsibility for holding to alignment and grade shall rest upon the Contractor. B. The Contractor will establish 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 re- establishing 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 ** landfill Grassing/6-16-00 01030-1 I I I I I I .1 I I I I I I I I I I I I SECTION 01110 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 ** landfill Grassing/6-16-00 01110-1 I I I I I I I I I I I I I I I I I I I SECTION 01210 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 the affected utility companies 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 ** landfill Grasslng/6-16-00 01210-1 I I I I I I I I I I I I I I I I I I I SECTION 01220 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. The Contractor shall make himself available if his presence is requested. ** END OF SECTION ** landfill Grassing/6-16-00 01220-1 I I I I I I I I I I I I I I I I I I I SECTION 01230 CONSTRUCTION SCHEDULING PART 1 - GENERAL 1.01 DESCRIPTION The Contractor shall submit to the Engineer for approval grassing 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 grassing 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 grassing 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. Landfill Grassing/6-16-00 01230-1 I I I I I I I I I I I I I I I I I I I 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. PART 2 - PRODUCTS 2.01 CONSTRUCTION PROGRESS SCHEDULE A. The Construction Progress Schedule shall be submitted in form satisfactory to the Owner showing: 1. Activity Number 2. Activity Description 3. Estimated Activity Duration (Work Days) 4. Activity Start Date (Calendar Dated) 5. Activity Finish Date (Calendar Dated) 6. Activity Cost of each of the various subdivisions of work required under the Contract Document, and Specifications. B. The anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule shall be included thereon. This anticipated monthly payment schedule shall distribute the costs of the project more or less evenly over the scheduled project life in a manner acceptable to the Owner and compatible with the Owner's funding arrangements for the project. Resubmittal will be required until anticipated monthly payment schedule is acceptable to Owner. For this project, substantial variation from this schedule of payments will not be permitted. C. The activity durations shall be depicted in the form of a bar chart and shall be overlaid with graph of the cumulative anticipated monthly payments due the Contractor. 2.02 ESTIMATES A. The Detailed Estimates shall give a complete and satisfactory breakdown of the Contract amount. B. Periodic Itemized Estimates shall detail work done for the purpose of tabulating partial payments thereon. landfill Grassing/6-16-00 01230-2 I I I I I I I I I I I I I I I I I I I 2.03 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 completiondate and project status 2.04 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. 2.05 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. Payments will not be allowed for materials delivered to the site but not yet incorporated in the work. D. Costs of materials delivered to the site but not yet incorporated into the work shall be included as a separate pay item and shall not be included in the cost value of the installation activity for such materials. ** END OF SECTION ** Landfill Grassing/6-16-00 01230-3 I I I I I I I I I I I I I I I I I I I SECTION 01240 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 ** landfill Grassing/6-16-00 01240-1 I I I I I I I I I I I I I I I I I I I SECTION 01250 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 grassing and attaining established growth 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 ** Landfill Grassing/6-16-00 01250-1 I I I I I I I I I I I I I I I I I I I SECTION 01260 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 ** Landfill Grassing/6-16-00 01260-1 I I I I I I I I I I I I I I I I I I I SECTION 01270 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 ** Lnadflll Grassing/6-16-00 01270-1 I I I I I I I I I I I I I I I I I I I SECTION 01280 TRANSPORTATION AND HANDLING 1.01 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. 1.02 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. 1.03 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. Landfill Grassing/6-16-00 01280-1 I I I I I I I I I I I I I I I I I I I 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 standard industry practice. Slings and chains shall be padded as required to prevent damage to protective coatings and finishes. C. Under no circumstances shall equipment or products be thrown or rolled off of trucks onto the ground. D. Items such as nonmetallic pipe, nonmetallic conduit, flagpoles, and lighting poles shall be handled using nonmetallic slings or straps. ** END OF SECTION ** landfill Grassing/6-16-00 01280-2 I I I I I I I I I I I I I I I I I I . 1.01 1.02 D. E. F. SECTION 01290 STORAGE AND PROTECTION GENERAL A. Equipment, material and product 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. . STORAGE A. The Contractor s~a" 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 not be eligible for progress payments. 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. 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. 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. 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 landfill Grassing/6-16-00 - 01290-1 I I I I I I I I I I I I I I I I I I 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 ** . landfill Grassing/6-16-00 01290-2 - I I I I I I I I I I I I I I I I I I I SECTION 01310 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 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 landfill Grassingl6-16-D0 01310-1 I I I I I I I I I I I I I I I I I I I 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. 1.04 FINAL CLEANING A. The Contractor shall: 1. Schedule cleaning operations so that dust and other contaminants resulting from the cleaning process will not fall on wet, newly painted surfaces. 2. Employ experienced workmen or professional cleaners for final cleaning. 3. Broom clean paved surfaces; rake clean other surfaces of grounds. 4. Upon completion of the work, Contractor shall remove from the site all plant, material, tools and equipment belonging to him, and leave the site with an appearance acceptable to the Engineer. 5. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. B. Restoration of Landscape Damage Any landscape feature scarred or damaged by the Contractor's equipment or operations shall be restored as nearly as possible to its original condition at the Contractor's expense. The Engineer will decide what method of restoration shall be used. C. Post-Construction Cleanup or Obliteration The Contractor shall obliterate all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, or any other vestiges of construction. ** END OF SECTION ** landfill Grassing/6-16-00 01310-2 I I I I I I I I I I I I I I I I I I I SECTION 01320 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.01 DESCRIPTION Maintain at the site for the Owner one record copy of: 1 . Specifications 2. Addenda 3. Change Orders and other Modifications to the Contract 4. Engineer Field Orders or Written Instructions 5. Approved Product Data and Samples 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples in Contractor's field office separate from documents used for construction. B. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. C. Make documents and samples available at all times for inspection by the Engineer and Owner. 1.03 MARKING Mark with red erasable pencil and, where feasible, use other colors too. 1.04 RECORDING A. Label each document "PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. 1. Do not conceal any work until required information is recorded. landfill Grassing/6-16-00 01320-1 I I I I I I I I I I I I I I I I I I I C. Specifications and Addenda Legibly mark each section to record: 1. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. 2. Changes made by Field Order or by Change Order. 1.05 SUBMITTALS A. At Contract close-out deliver Record Documents to the Engineer for the Owner. B. Accompany submittals with transmittal letters in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each Record Document 5. Signature of Contractor or his authorized representative ** END OF SECTION ** Landfill Grassing/6-16-00 01320-2 I I I I I I I I I I I I I I I I I I I SECTION 01330 WARRANTIES AND BONDS PART 1 - GENERAL 1.01 PROJECT MAINTENANCE AND WARRANTY A. Maintain and keep in good condition the improvements covered by these 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 Engineer 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. 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 materials, in any part of the Work performed by him. Such repair shall also include refilling of excavations or embankments which show settlement or erosion after backfilling or placement. landfill Grassing/6-16-00 01330-1 I I I I I I I I I I I I I I I I I I I F. Except as specified, any and all damage to any facility not designated for removal, resulting from the Contractor's operations, shall be promptly repaired by the Contractor at no cost to the Owner. G. In the event the Contractor fails to proceed to remedy the defects of which he has been notified within fifteen days of the date of such notice, the Owner reserves the right to cause the required materials to be procured and the work to be done, as described in the specifications, and to hold the Contractor and the sureties on his bond liable for the cost and expense thereof. H. Notice to Contractor for repairs and reconstruction will be made in the form of a registered letter addressed to the Contractor at his home office. I. Neither the foregoing paragraphs nor any provision in the Contract Documents, nor any special guarantee time limit implies any limitation of the Contractor's liability with the law of the place of construction. ** END OF SECTION ** landfill Grassing/6-16-00 01330-2 I I I I I I I I I I I I I I I I I I I SECTION 02010 CLEARING AND GRUBBING PART 1 - GENERAL 1.01 SCOPE Clearing and grubbing includes, but is not limited to removal from the project lands of 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. 1.03 LOCATION OF WORK Various sections of landfill Phases liB & IIC verified by the Contractor on visit. The Contractor shall minimize clearing of existing vegetative growth around the proposed work. PART 2 - PRODUCTS 2.01 EQUIPMENT A. The Contractor shall furnish equipment with operators of the type normally used in construction for proposed work. PART 3 - EXECUTION A. Project area shall be prepared using all means that will ensure excellent and established grass growth. ** END OF SECTION ** landfill Grassing/6-16-D0 02010-1 I I I I I I I I I I I I I I I I I I I SECTION 02020 TEMPORARY EROSION CONTROL PART 1 - GENERAL 1.01 SCOPE OF THE WORK A. Erosion control shall be employed during the ground preparation period and shall include all necessary temporary measures required to prevent soil erosion from the site until area is permanently grassed. B. Erosion control measures shall be considered incidental to all landscaping involving land disturbing activities. C. The Contractor is solely responsible for coordinating and scheduling his work to control erosion from the site. It is the Contractor's responsibility to control erosion throughout the project as directed by the Engineer at no additional cost to the Owner. 1.02 QUALITY ASSURANCE A. The Contractor shall comply with applicable codes, rules, ordinances, regulations, and laws of local, municipal, state or federal authorities having jurisdiction over the project. B. Erosion control measures for construction shall conform to Project Specifications, and the "Manual for Erosion and Sediment Control in Georgia," published by the State Soil and Water Preservation Committee of Georgia. PART 2 - PRODUCTS 2.01 FILTER CLOTH A. Filter cloth for sediment control fences shall be a pervious sheet of synthetic polymer filaments forming a stable network so that fibers retain their relative positions. Filter cloth shall be of the type recommended by its manufacturer for the intended application. The filter cloth shall meet the following requirements: 1. Minimum Average Thickness: 30 mils (by ASTM D1777). 2. Air Permeability: 250 to 550 CFM/Sq. Ft. 3. Minimum Grab Strength: 110 Ibs. (by ASTM D1682). landfill Grassing/6-16-00 02020-1 I I I I I I I I I I I I I I I I I I I 8. Sediment control fence shall be constructed in accordance with the details shown on the drawings. PART 3 - EXECUTION 3.01 GENERAL A. Temporary erosion control shall be directed toward and have the purpose of controlling soil erosion at its potential source. Downstream sediment entrapment measures shall be employed, but only as a backup to primary control at the source. 8. A continuing program of installation and maintenance of sediment control shall be employed during the construction period. 3.02 TEMPORARY EROSION CONTROL DURING CONSTRUCTION A. Temporary erosion control during construction shall be employed until such time as restoration of natural areas is effective in control of erosion from the site. 8. Sediment Control Fences 1. Temporary sediment control fences shall be located at all points where surface water can leave the construction area if the source area is subject to soil erosion. This applies to locations shown on the plans or areas determined in the field by the Engineer to need sediment control fence during the phasing of construction. 2. Silt fences shall be constructed to remove sediments from flowing water through filtration and sedimentation. 3. Silt fences shall be arranged to create ponding behind them. Provision shall be made for removing accumulated sediments and maintaining ponding capacity. 4. Silt fences shall be removed and the area restored when permanent erosion control is effective. C. Grading Operations 1. Grading operations shall be scheduled so that the ground surface will be disturbed for the shortest possible time before area is permanently grassed. landfill Grassing/6-16-00 02020-2 I I I I I I I I I I I I I I I I I I I 2. Wherever steeper slopes or abrupt changes in grade are required, a diversion or berm shall be constructed at the top of the slope to cause the surface water to flow along the diversion to a control point to be transported downslope in a slope drain. In no case shall surface water be allowed to flow uncontrolled down slopes. D. Storm Drainage System 1. Temporary sediment barriers shall be maintained around drainage structures as long as possible but at least until final subgrade preparation is begun. F. Ground Cover Grassing and mulching shall be in accordance with the notes on the Section "Grassing" of the Specifications. 3.03 CLEANUP AND REMOVAL At the time that permanent erosion control is effective, temporary devices and their accumulated sediments shall be removed. Accumulated sediment in the sediment pond shall be removed. ** END OF SECTION ** landfill Grasslng/6-16-00 02020-3 I I I I I I I I I I I I I I I I I I SECTION 02100 GRASSING PART 1 - GENERAL 1.01 SCOPE A. The work covered by this section consists of furnishing all labor, equipment, and material required to establish permanent grassing including seedbed preparation, harrowing, compacting, place seed, commercial fertilizer, agricultural limestone, mulch material and other placement operations on graded earthen areas as described herein and/or shown on site visit. In general, seeding operations shall be conducted on selected graded earthen areas not covered by established grass; and on all areas which are disturbed by this landscaping operations. Areas disturbed by borrow or stockpiling or other activities shall also be seeded according to these Specifications. B. The work shall include temporary grassing operations to stabilize earthen surfaces until permanent grass growth is established. 1.02 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 (soil to be seeded) operations, the Contractor shall obtain representative samples and send samples to a local agricultural extension office or State University Agricultural Extension Services or other certified testing laboratory for recommendations on fertilizer, lime and seed mix to be used. One sample shall be taken from each area of landfill to be seeded. 1.03 DELIVERY, STORAGE, AND HANDLING A. Deliver packaged materials in containers showing weight, analysis and name of manufacturer. B. Protect material from deterioration during delivery, and while stored at site. Landfill Grassing/6-16-00 02100-1 !!!!! I I I I I I I I I I I I I I I I I I I 1.04 REFERENCES A. "Standard Specifications for Road and Bridge Construction". latest edition, Georgia Department of Transportation (Georgia DOT Specifications). PART 2 - PRODUCTS 2.01 SEED A. Seed shall be delivered in new bags or bags that are sound and labeled in accordance with the U. S. Department of Agriculture Federal Seed Act. B. All seed shall be from the last crop available at time of purchase and shall not be moldy, wet, or otherwise damaged in transit or storage. C. Seed shall bear the growers analysis testing to 98 percent for purity and 90 percent for germination. At the discretion of the Engineer, samples of seed may be taken for check against the growers analysis. D. Seed types shall be a mixture of all of the following seed. Dates Primarv Seed Types Rate of Aoolication (Ibs/acre) 60 75 20 50 10 10 All Year All Year Nov. 1 - Jul. 15 Nov. 1 - Apr. 1 Aug. 1 - Apr. 15 Apr. 1 - Jul. 15 Bahia, Wilmington Sericea Lespedeza Common Bermuda Fescue Brown Top Millet Annual Rye Grass The variety and blends of seed may be added, deleted or substituted as appropriate to take advantage of proven varieties and mixtures and to account for changes of season and weather. Areas not suitable to seed shall be straw mulched at a rate of two tons per acre until seeding can be facilitated. E. Seed which has become wet, moldy or otherwise damaged will not be acceptable. landfill Grassing/6-16-00 02100-2 I I I I I I I I I I I I I I I I I I I 2.02 FERTILIZER AND LIMING MATERIALS A. Fertilizer and liming materials shall comply with applicable state, local, and federal laws concerned with their production and use. B. Commercial fertilizer shall be a ready mixed material and shall be equivalent to the grade or grades specified in these specifications. Container bags shall have the name and address of the manufacturer, the brand name, net weight, and chemical composition. C. Fertilizer shall be applied at a N-P-K equivalent of 5-10-10 and a rate of 1500 pounds per acre. Lime shall be applied at a rate of one to two tons per acre. If the laboratory testing of the soil indicates a different equivalent or rate, then the fertilizer and lime shall be adjusted accordingly. D. Agricultural limestone shall be a pulverized limestone having a calcium carbonate content of not less than 85 percent by weight. Agricultural limestone shall be crushed so that at least 85 percent of the material will pass a No. 10 mesh screen and 50 percent will pass a No. 40 mesh screen. 2.03 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. 2.04 MULCH BINDER A. Mulch on slopes shall be held in place by the use of an approved mulch binder. The mulch binder shall be non-toxic to plant life. landfill Grassing/6-16-00 . 02100-3 I I I I I I I I I I I I I I I I I I I 2.05 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. 2.06 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 SOIL SAMPLING A. Contractor's independent testing firm shall obtain samples of the soil to be seeded and send the samples to a local agricultural extension office or State University Agricultural Extension Services or other certified testing laboratory for recommendations on fertilizer, lime and seed mix to be used. B. One sample shall be taken at least for each area of landfill to be seeded. 3.02 SEEDBED PREPARATION A. Not earlier than 24 hours before the seed is to be sown, the soil surface to be seeded shall be thoroughly cultivated to a depth of not less than 6 inches B. Surface shall be reasonably smooth and free of litter, large clods, roots, sharp protrusions, and large stones. C. If the prepared surface becomes eroded as a result of rain or for any other reason, or becomes crusted before the seed is sown, the surface shall again be placed in a condition suitable for seeding. D. Ground preparation operations shall be performed only when the ground is in a tillable and workable condition. 3.03 FERTILIZATION AND LIMING A. Following seedbed preparation, fertilizer shall be applied to all areas to be seeded so as to achieve the application rates specified in this Grassing Section. B. Fertilizer shall be spread evenly over the seedbed and shall be lightly harrowed, raked, or otherwise incorporated into the upper portion of the soil. landfill Grasslng/6-16-00 02100-4 I I I I I I I I I I I I I I I I I - 3.04 c. D. E. I I 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. Areas inadequately covered shall be re-treated as directed by the Engineer. D. Agricultural limestone shall be thoroughly mixed into the soil according to the rates specified in Contract Document. Incorporate lime into six inches of soil. E. It is the responsibility of the Contractor to make one application of maintenance fertilizer at one-half the rates specified in the Contract Document 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 in the Contract Document. 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 slopes, 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. Hand-operated seeding devices may be used on areas which are inaccessible to mechanical seeders. Immediately after sowing, the seeds shall be covered and compacted to a depth of 1fs to 3/8 inch by a cultipacker or suitable roller. Leguminous seeds shall be inoculated prior to seeding with an approved and compatible nitrogen-fixing inoculant in accordance with the manufacturer's mixing instructions. - landfill Grassing/6-16-00 02100-5 I I I I I I I I I I I I I I I I I I I 3.05 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 be visible through the mulch blanket. The application rates for mulching are specified in the Contract Document. B. One of the following mulches shall be spread evenly over the seeded areas at the following application rates: Application rates 1, 2, and 3 are considered standard mulch. 1. Wood Cellulose Fiber: 1,400 pounds/acre 2. Straw: 4,000 pounds/acre 3. Stalks: 4,000 pounds/acre 4. Erosion Control Blanket: Bon Terra S1 or equal These rates may be adjusted at the discretion of the Engineer at no additional cost to the Owner, depending on the texture and condition of the mulch material and the characteristics of the seeded area. C. The Contractor shall cover structures, poles, fence, and appurtenances if the mulch binder is applied in such a way that it would come in contact with or discolor the structures. D. Mulch and binder shall be applied by suitable blowing equipment at closely controlled application rates. 3.06 WATERING A. Contractor shall be responsible for maintaining the proper moisture content of the soil to insure adequate plant growth until a satisfactory stand is obtained. If necessary, watering shall be performed to maintain an adequate water content in the soil. B. Watering shall be accomplished by hoses, tank truck, or sprinklers in such a way to prevent erosion, excessive runoff, and overwatered spots. 3.07 MAINTENANCE A. Upon completion of seeding operations, the Contractor shall clear the area of all equipment, debris, and excess material and the premises shall be left in a neat and orderly condition. B. Begin maintenance immediately after seed placement. landfill Grasslng/6-16-00 02100-6 I I I I I I I I I I I I I I I I I I I C. The Contractor shall maintain all seeded areas without additional payment until final acceptance of the work by the Owner, and any regrading, refertilizing, reliming, reseeding, or remulching shall be done at his own expense. Seeding work shall be repeated on defective areas at the Contractor's expense until a satisfactory uniform stand is accomplished. Damage resulting from erosion, gulleys, washouts, or other causes shall be repaired by filling with topsoil, compacting, and repeating the seeding work at his expense. D. Final acceptance of seeding will not be made until an acceptable uniform stand of grass is obtained in designated areas. ** END OF SECTION ** landfill Grassing/6-16-00 02100-7 ~ I I- I I I I I I I I I I I I I I I I I Department of Public Works and Engineering Clifford A. Goins, Assistant Director Engineering Division Environmental Enll. Section Dr. Hameed Malik, P.E. Environmental Engineer Room 701, 530 Greene Street Augusta, Georgia 30911 (706) 821-1706 FAX (706) 821-1708 MEMORANDUM TO: Geri A. Sams, Director Purchasing Department FROM: Hameed Malik, Environmental Engineer VVf,tN1 SUBJECT: Deans Bridge Road MSW Landfill Phases IIB & IIC Grassing Bid Item 00-097A Project File Reference: 98-013 DATE: August 15, 2000 Attached please find an addendum #1 for the subject project. The addendum clarifies the questions raised by the various finns during our pre-bid meeting held on August 10, 2000. IHUM I I I I I I I I I I I I I I I I I I I ~ ADDENDUM #1 Bid Item #00-97 A Deans Bridge Road MSW Landfill Grassing Base Bid: · Base bid shall include installation of erosion mats on all slopes. '. · Base bid shall include temporary grassing operations until permanent grass growth is established. . Contractor' Schedule of Values: Include the following item: Item No. Description Unit 6. Soil Erosion Mats (material & Installation) C.F. Unit Price Bid ($ Dollars and Cents )