Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
INVITATION TO BID
FOR
ROSEDALE SANITARY SEWER REPLACEMENT PROJECT
COUNTY OF ALLEGHANY, VIRGINIA
DATE ISSUED: MARCH 9, 2019
DEADLINE FOR QUESTIONS: APRIL 2, 2019 (RECEIVED BY 4:00 P.M. LOCAL TIME)
BID DUE DATE & TIME: APRIL 18, 2019 (RECEIVED BY 2:00 P.M. LOCAL TIME)
COVER PAGE 00 0101 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 00 0115 – TABLE OF CONTENTS
BIDDING REQUIREMENTS SECTION TITLE 00 1116 Invitation to Bid 00 2113 Instructions to Bidders 00 4113 Bid Form 00 4200 Certification of Non-Collusion 00 5100 Escrow Agreement 04 4313 Bid Bond 04 4320 Insurance CONTRACT FORMS SECTION TITLE 01 0050 Notice of Award 01 1000 General Conditions 01 1005 Agreement 01 1010 Bonds 01 1015 Performance Bond 01 1020 Labor and Material Payment Bond 01 1022 Notice to Proceed 01 1024 Application for Payment (Sample) 01 1025 Change Order 01 1100 Certificate of Substantial Completion 01 1500 Virginia Clean Water Revolving Loan Fund 2016 Contract Insert 01 1800 Department of Labor Wage Rates for Alleghany County TECHNICAL SPECIFICATIONS SECTION TITLE 01 2000 General Requirements 01 2110 Allowances 02 4113 Selective Demolition 02 8000 Hazardous Materials Remediation 31 1000 Clearing 31 1050 Rock Excavation 31 2500 Erosion Control 32 1216 Asphalt Pavement 32 9200 Lawns & Grasses 33 3000 Sanitary Sewerage
APPENDIX SECTION TITLE APPENDIX A VDOT Permit Fee, Surety, Land Use Application, Surety Bond and Special Provisions APPENDIX B PLM Bulk Asbestos Report APPENDIX C Alleghany County Application for Land Disturbing Permit
00 0115 - 1 TABLE OF CONTENTS Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 00 1116 – INVITATION TO BID
The County of Alleghany is soliciting bids to furnish, construct and install a sanitary sewer replacement project in the County. Construction plans and specifications for the ROSEDALE SANITARY SEWER REPLACEMENT PROJECT can be obtained from the Alleghany County website (www.co.alleghany.va.us/public-works/ under “Request for Proposals”) and reviewed in the office of the Alleghany County Superintendent of Public Works, 9212 Winterberry Avenue, Suite A, Covington, Virginia 24426.
PROJECT DESCRIPTION
Alleghany County has been experiencing difficulties with the existing gravity sanitary sewer system located in the Rosedale Subdivision, as well as the trunk sewer along Dunlap Creek. This system is well over five decades old and has presented the County with various challenges and maintenance issues. Therefore, this replacement project generally consists of the furnishing of all materials and construction of the sewer improvements as follows: DIVISION A - Approximately 1,608 linear feet of a new 12-inch diameter sewer pipe and 143 linear feet of a new 8-inch diameter sewer pipe located along Dunlap Creek from the Red Cross facility off Midland Trail to the existing Rosedale Sewage Pump Station located near the confluence of the Jackson River. DIVISION B - Approximately 788 linear feet of new 8-inch diameter sewer pipe to serve portions of the Rosedale Subdivision, and tying into the various sewer laterals of existing homes. The scope of work includes clearing and grubbing the new sewer corridor, installing appropriate erosion & sediment control measures, installing the permanent and temporary sanitary sewer piping and manholes, performing road paving and private property restoration work, as well as other miscellaneous work as specified or indicated on the sanitary sewer construction plans.
SUBMISSION REQUIREMENTS & DEADLINES
Sealed bids for the construction of the ROSEDALE SANITARY SEWER REPLACEMENT PROJECT will be received in person, via special courier service or through the regular mail by the U.S. Postal Service in the office of the Alleghany County Superintendent of Public Works, 9212 Winterberry Avenue, Suite A, Covington, Virginia 24426 until, but no later than 2:00 p.m., local prevailing time, April 18, 2019. Please mark the envelope “Rosedale Sanitary Sewer Replacement Bid.” The time of receipt shall be determined by the time clock stamp in the Public Works office. Contractors are responsible for assuring that their bids are stamped by Alleghany County Public Works Office personnel by the deadline indicated. Bids received after this time will not be accepted by Alleghany County. Bids will be publicly opened and read aloud in the offices of Alleghany County Public Works. Alleghany County will contact the chosen contractor based on the lowest base bid plus any allowances. Any bid deducts or alternate prices will be considered separately.
TABLE OF CONTENTS 00 1116 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
To qualify, all bids shall be submitted using the Bid Form included in the project manual accompanying the construction plans. Incomplete or segregated bids will not be accepted. Work included in this Invitation for Bids shall be substantially completed within 210 calendar days from the date the Contract Time commences, and it shall be completed and ready for final payment within 240 calendar days from the date the Contract Time commences.
A Pre-bid Conference will be held at 2:00 p.m. local time on March 26, 2019 in the Board Room of the Alleghany County Governmental Complex, 9212 Winterberry Avenue, Covington, Virginia 24426 to review the scope of Work and clarify any aspect of the Work that may be in question. The Engineer will answer only those questions where the response is a modification or interpretation as a result of an addition, deletion, clarification, or correction to the Bid Documents, and only as part of a written Addendum. The last day for pre-bid question requests is 4:00 p.m. local time on April 2, 2019.
A bid bond of 5% will be required with the submission of a bid.
A bid may not be modified, withdrawn or cancelled by the bidder after the time and date designated for the receipt of bids and for 90 days thereafter except as provided by the applicable Sections of the Code of Virginia.
Bidders must be registered contractors in the Commonwealth of Virginia in accordance with the applicable sections of the Code of Virginia.
Bidders comply with the Davis-Bacon Act and the American Iron and Steel requirements.
Bidders must comply with the President’s Executive Order #11246, prohibiting discrimination in employment regarding race, color, creed, sex, or national origin, and Executive Orders #12138 and 11625 regarding utilization of MBE/WBE firms.
If a contract is awarded, a separate performance bond and a payment bond for 100% of the contract amount, including any additions and/or deductions, shall be provided by the Successful BIDDER.
Alleghany County reserves the right to waive informalities and/or reject all bids.
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SECTION 01 2113 – INSTRUCTIONS TO BIDDERS
1. DATE AND PLACE OF BID OPENING. Sealed bids, subject to the specifications and conditions contained herein and attached hereto, will be received in person, via special courier service or through the regular mail by the U.S. Postal Service in the office of the Alleghany County Director of Public Works, 9212 Winterberry Avenue, Suite A, Covington, Virginia 24426 until, but no later than 2:00 p.m., local prevailing time, April 18, 2019. The time of receipt shall be determined by the time clock stamp in the Public Works office. Contractors are responsible for assuring that their bids are stamped by Alleghany County Public Works Office personnel by the deadline indicated. Bids received after this time will not be accepted by the OWNER. Bids will be opened publicly and read aloud by the OWNER in the offices of Alleghany County Public Works. The OWNER will contact the chosen contractor based on the lowest base bid plus any allowances. Any bid deducts or alternate prices will be considered separately.
2. CONTRACTOR BUSINESS LICENSE. In accordance with the Code of Virginia §54.1-1100, contractors that, for a fixed price, commission, fee, or percentage undertake to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by him or another person or any other improvement to such real property, are required to hold a business license issued by the Virginia Board for Contractors, phone (804) 367-8511. If a Bidder/Offeror shall fail to obtain the required license prior to submission of a bid/proposal, the bid/proposal shall not be considered.
Class of License Definitions: Class A Contractor – perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $120,000 or more, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any 12-month period is $750,000 or more.
Class B Contractor – perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $10,000 or more, but less than $120,000, or (ii) the total value of all such construction, removal, repair or improvements undertaken by such person within any 12-month period is $150,000 or more, but less than $750,000.
Class C Contractor – perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is over $1,000 but less than $10,000, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any 12-month period is less than $150,000. The Board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors.
The Contractor license shall have the appropriate specialty classification that is predominant for the respective work. Contractor is required to possess a Class A Contractor’s Business License for this project.
3. RESPONSIBILITY OF BIDDER. The Bidder shall make a careful examination of the project site, shall familiarize himself with existing conditions, and shall satisfy himself as to the quantity and quality of materials and workmanship required for the Work. He shall carefully and thoroughly examine the Plans, General Conditions, Technical Specifications, Bid Form, Agreement, Forms of Bonds and all other documents included in the Invitation for Bid before submitting a Bid.
Requests for interpretation of plans and specifications shall be sent to the Engineer to be given consideration and must be received by 4:00 p.m. local time on April 2, 2019. Any and all such interpretations and any supplemental instruction will be in the form of written addenda to the specifications which, if issued, will be e-mailed to all prospective bidders (at the respective e-mail addresses furnished for such purposes), not later than two 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 part of the contract documents.
The submission of a Bid shall constitute a warranty by the Bidder that he has complied with the requirements of this paragraph. The Bidder is bound by his bid and his bid reflects an affirmative representation that he has examined the project thoroughly.
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4. FORM OF BID. All Bids must be made on the Bid Form contained herein. The Bidder shall type or write in ink, in numerals, the price for which he proposes to furnish all materials, plant, equipment, tools, sheeting or bracing, scaffolds and other facilities; and to perform all labor and services necessary or proper for the completion of the work in strict accordance with the true intent of the Plans and Contract Documents, and subject at all times to the approval of the Director of Public Works. All bids shall be signed in the space provided for a signature on the bid form and returned. If the bidder is a partnership or corporation, the bidder shall show the title of the individual signing the bid, and if the individual is not the president or vice president of the partnership or corporation, if requested, the bidder shall submit proof that the individual has the authority to bind the partnership or corporation.
No alteration or erasure of the Bid will be accepted. No oral, telegraphic, or telephonic proposals, modifications, or interpretations will be considered. Bids concerning separate bid invitations, must not be combined on the same form or placed in the same envelope. Bids submitted in violation of this provision may not be considered.
5. BID GUARANTY. A bid bond of 5% will be required with the submission of a bid.
6. DELIVERY OF BID. Bids shall be submitted in a sealed envelope with the IFB number and due date and time written on the outside of the envelope. The time of receipt shall be determined by the time clock stamp in the Public Works office. Bidders are responsible for ensuring that their bids are stamped by Public Works personnel before the deadline. Late bids shall be rejected. Bids may not be submitted electronically or by email, and any bids so submitted shall be rejected.
Bids or changes to a bid response shall not be accepted via fax or E-mail.
7. OMISSIONS AND DISCREPANCIES. Should a Bidder find discrepancies in, or omissions from, the plans or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer who may issue a written instruction to all Bidders.
8. WITHDRAWAL OF BIDS. A bidder for a public construction contract may withdraw of his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid which shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.
No bid may be withdrawn after the scheduled closing time for receipt of bids for thirty (30) calendar days, except as provided in Section 2.2-4330A(i), Code of Virginia, which states the bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure. Any withdrawal request must be made to the Public Works Director and must be accompanied by bidder’s original work papers, or such request will be rejected. In order for work papers, documents and materials submitted pursuant to this section to be deemed a trade secret or proprietary information pursuant to Code of Virginia, subdivision F of 2.2-4342, a bidder must expressly invoke the aforementioned statute in the notice of withdrawal and specifically state the reasons why protection under 2.2-4342F is necessary.
9. REJECTION OF BID. The Owner reserves the right to waive irregularities and technicalities and to reject any and/or all Bids. Without limiting the generality of the foregoing, any Bid which is incomplete, obscure, or irregular may be rejected, and any Bid having interlineation, erasures or corrections may be rejected. Not more than one Bid from any individual, firm, partnership, or corporation, under the same or different names, shall be submitted. Reasonable grounds for believing that any Bidder is interested in more than one Bid on the same project will cause the rejection of all Bids in which the Bidder is interested.
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10. SUBCONTRACTORS. The Bidder's attention is called to the requirement that not more than fifty (50) percent of the construction, labor and services necessary to construct the improvements defined in these documents shall be subcontracted. The amount of any subcontract proposed by any bidder shall be provided to the County upon request. By submitting a bid, a Bidder covenants and agrees to comply with Title 54.1, Chapter 11, Code of Virginia (1950), as amended, with respect to licensure of all contractors and subcontractors who may be employed to perform the Work. Bidder further represents and covenants: (i) that Bidder has verified that all subcontractors identified to perform a portion of the Work hold all required Commonwealth of Virginia and local licenses, including, without limitation, Contractor and business licenses; and, (ii) that if it is the successful Bidder, Proposer shall verify that any additional subcontractors employed to perform the Work shall hold all required Commonwealth of Virginia and local licenses, including, without limitation, Contractor and business licenses. Bidder acknowledges and agrees that if it is awarded a contract for the Work, such certification shall constitute a material part of Bidder's Contract with the County and violation of the terms of the certification shall constitute a breach of such Contract.
11. RESTORATION OF PRIVATE PROPERTY. On those projects where work is to be performed on private property, the County has obtained easements or permission to construct the improvements. The standard easement agreement states that any structures, landscaping (except for trees, limbs and undergrowth) and the surface of the easement shall be repaired or restored as nearly as possible to their original conditions. Any special requirements for restoration shall be shown on the plans or as directed by the inspector.
12. ACCEPTANCE OF BID AND ITS EFFECT. The Contract, if awarded, will be to the responsive and responsible Bidder with the lowest base bid plus any allowances (any bid deducts or alternate prices will be considered separately). All bids submitted shall be binding for ninety (90) calendar days following the bid opening date. The Owner will either award the project or reject all Bids received within the sixty (60) calendar days after the formal opening of Bids. The acceptance of a Bid will be a written Notice of Award, signed by the Owner, and no other act shall constitute the acceptance of a Bid. The bid shall be deemed accepted by the County upon mailing of the Notice of Award.
The successful Bidder shall execute four (4) copies of the Agreement and furnish satisfactory Performance Bond, Labor and Material Payment Bond, and the necessary certificates of insurance, as well as the “Bidder Compliance Statement/Certification Regarding Equal Employment Opportunity” (Attachment #2) and the “American Iron and Steel (AIS) Certification Statement” (Attachment #6) found in the VRLF Contact Inserts, within five (5) business days after Notice of Award. Failure to so execute the Agreement will result in forfeiture of the Bidder's claim to the work.
13. BID AMOUNT. If the bid from the lowest responsible bidder exceeds available funds, the county may negotiate with the apparent low bidder to obtain a contract price within available funds. Such negotiation may include, but is not necessarily limited to, adjustment of the bid price and changes in the bid scope or requirements in order to bring the bid within the amount of available funds. Negotiation shall be conducted by the Public Works Director, or his designee, with assistance from the user department.
14. DISABILITY PROVISION. If you are an individual with a disability and require a reasonable accommodation, please notify the Alleghany County Director of Public Works at (540) 863-6650, three working days prior to need.
15. QUALITY EXPECTATION STATEMENT. Alleghany County, through its quality initiative, is a recognized leader in providing quality products and services at the most effective cost possible. Therefore, the County fully expects, requires, and shall hold all Contractors, and all agents, staff, representatives, and subcontractors of the Contractor, responsible for, and accountable to, the highest quality standards of professional workmanship, products and services. In the spirit of the county's quality initiative, the Contractor shall be expected to become a member of the team and perform or provide all work, services and products with a target of zero defects and zero re-work.
16. BIDDER QUALIFICATIONS/REFERENCES. Contractor submitting the bid shall have experience in performing the work required in the contract documents, and shall have the labor and equipment necessary to complete the project in the timeframe specified. The County reserves the right to request bidder(s) to furnish a written statement of their qualifications and/or to provide references. The County may contact all references furnished by bidder(s). The right is further reserved by the County to contact references other than, and/or in addition to, those furnished by the bidder.
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17. PROPRIETARY INFORMATION. Section 2.2-4342(F) of the Code of Virginia states: "Trade secrets or proprietary information submitted by a bidder, offeror, or Contractor in connection with a procurement transaction or pre-qualification application submitted pursuant to subsection B of 2.2-4317 shall not be subject to the Virginia Freedom of Information Act (2.2-3700 et seq.); however, the bidder, offeror, or Contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.” If the exemption from disclosure provided by Section 2.2-4342(F) of the Code of Virginia is not properly invoked then the bids will be subject to disclosure pursuant to applicable law.
18. COMMITMENT TO DIVERSITY AND ALLEGHANY BUSINESSES. Alleghany County is a community consisting of a diverse population. Alleghany County believes that all of its citizens should benefit from this economic growth without regard to race, color, religion or economic status. The county is committed to increasing the opportunities for participation of minority-owned businesses, women-owned businesses and businesses located in Alleghany County to ensure diversity in its procurement and contract activities. These businesses are encouraged to respond to all Invitations for Bids and Requests for Proposals. In addition, the county strongly encourages each contractor and/or supplier with which the county contracts to actively solicit minority-owned businesses, women- owned businesses and businesses located in the county as subcontractors/ suppliers for their projects.
Bidders must comply with the President’s Executive Order #11246, prohibiting discrimination in employment regarding race, color, creed, sex, or national origin, and Executive Order #12138 and #11625 regarding utilization of MBE/WBE firms. Certification shall be provided that Contractor does not or will not maintain or provide for their employees any facilities that are segregated on the basis of race, color, creed, or national origin.
All Bidders must comply with the Civil Rights Act of 1964.
All Bidders must comply with the Virginia Revolving Loan Fund Contract Inserts regarding MBE/WBE solicitation as follows:
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19. OFFICE CLOSURE. In the event that Alleghany County government offices are not operating under normal staffing levels or if the location for bid submission, bid opening or a pre-bid conference is inaccessible due to inclement weather or other emergency situations at the published time, the bid submission, bid opening or pre-bid conference will default to the next regular business day at the same time.
20. AWARD NOTIFICATION. For information pertaining to the bid tabulation, decision to award and/or award on this procurement transaction, bidders may notify the Alleghany County Director of Public Works at (540) 863-6650.
21. DISCREPANCIES BETWEEN NUMERALS. Discrepancies between the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.
22. AMENDMENTS OR REQUESTS TO WITHDRAW BIDS BY A BIDDER PRIOR TO OPENING. A bidder may amend and/or withdraw their bid before the due date and time designated for receipt of bids. All requests from a bidder to return their bid shall be in writing, addressed to the Public Works Director, and signed by a person authorized to represent the person or firm that submitted the bid. The bidder may be contacted by telephone to verify the authorization of the return request and the signature involved if there is doubt as to the document’s authenticity. All amendments to the bid are to be initialed by an individual authorized to represent the bidder.
23. APPROVED EQUALS. Any material or equipment that will fully perform the duties specified will be considered “equal,” provided the bid submits proof that such material or equipment is of equivalent substance and function and is approved, in writing. Requests for the approval of “or equal” shall be made in writing prior to or on the last day of pre-bid questions. During the bidding period, all approvals shall be issued by the Engineer in the form of addenda prior to the bid opening date.
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24. PREFERENCES. In accordance with Section 2.2-4328 of the Code of Virginia and Article 4, Section 2-47 of the County Code, in the case of a tie bid, the County may give preference to goods, services, and construction produced in the County or provided by persons, firms or corporations having principal places of business in the County. If such choice is not available, preference shall then be given to goods and services produced in the Commonwealth of Virginia pursuant to Code of Virginia 2.2-4324 or where goods are being offered, and existing price preferences have already been taken into account, preference shall be given to the bidder whose goods contain the greatest amount of recycled content. If no County or Commonwealth of Virginia preference is applicable, the tie shall be decided by lot.
25. ESCROW ACCOUNT. Per Section 2.2-4334 of the Code of Virginia: A. Any county, city, town or agency thereof or other political subdivision of the Commonwealth when contracting directly with contractors for public contracts of $200,000 or more for construction of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving, miscellaneous drainage structures, and the installation of water, gas, sewer lines and pumping stations where portions of the contract price are to be retained, shall include in the Bid Proposal an option for the contractor to use an escrow account procedure for utilization of the political subdivision's retainage funds by so indicating in the space provided in the proposal documents. In the event the contractor elects to use the escrow account procedure, the escrow agreement form included in the Bid Proposal and Contract shall be executed and submitted to the political subdivision within fifteen calendar days after notification. If the escrow agreement form is not submitted within the fifteen-day period, the contractor shall forfeit his rights to the use of the escrow account procedure. B. In order to have retained funds paid to an escrow agent, the contractor, the escrow agent, and the surety shall execute an escrow agreement form. The contractor's escrow agent shall be a trust company, bank or savings institution with its principal office located in the Commonwealth. The escrow agreement and all regulations adopted by the political subdivision entering into the contract shall be substantially the same as that used by the Virginia Department of Transportation. C. This section shall not apply to public contracts for construction for railroads, public transit systems, runways, dams, foundations, installation or maintenance of power systems for the generation and primary and secondary distribution of electric current ahead of the customer's meter, the installation or maintenance of telephone, telegraph or signal systems for public utilities and the construction or maintenance of solid waste or recycling facilities and treatment plants. D. Any such public contract for construction with a county, city, town or agency thereof or other political subdivision of the Commonwealth, which includes payment of interest on retained funds, may require a provision whereby the contractor, exclusive of reasonable circumstances beyond the control of the contractor stated in the contract, shall pay a specified penalty for each day exceeding the completion date stated in the contract. E. Any subcontract for such public project that provides for similar progress payments shall be subject to the provisions of this section.
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SECTION 00 4113 – BID FORM
1. The undersigned Bidder has carefully examined the site of work, the Plans, the General Conditions, Technical Specifications, the Agreement, the Form of Performance and Labor and Material Payment Bonds and all other documents included in the Invitation for Bid for the construction of the above named project, and in compliance with this Invitation for Bid will provide all the necessary machinery, tools, apparatus, and other means of construction, and do all the work and furnish all materials called for in accordance with the requirements of the County and the true intent of the Contract Documents 2. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER using the contract form specified in this Request for Proposal for the Contract Price and within the Contract Time indicated in this Bid. 3. BIDDER accepts all of the terms and conditions specified in the Instructions to Bidders. This bid will remain open for 90 days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within 5 business days after the date of OWNER'S Notice of Award. 4. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: a. BIDDER has examined copies of all the Contract Documents and of the following addenda, receipt of all which is hereby acknowledged: No. ______Dated ______No. ______Dated ______b. BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress of performance of the Work and has made such independent investigations as BIDDER deems necessary. c. BIDDER acknowledges that OWNER and DESIGN ENGINEER do not assume responsibility for the accuracy of dimensions or completeness of information and data shown or indicated in the BID DOCUMENTS with respect to existing facilities. d. BIDDER has given Sekiv Solutions written notice of all conflicts, errors, ambiguities, or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by DESIGN ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. e. By bidding in response to this invitation, the BIDDER represents that in the preparation and submission of this Bid, said BIDDER did not, either directly or indirectly, enter into any combination or arrangement with any person, firm, or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act or applicable Sections of the Code of Virginia. f. Bid form must be completed in blue or black ink or by typewriter. The total bid amount shall be expressed in figures only. g. Under applicable Sections of the Code of Virginia, an individual or sole proprietor is required to furnish his or her social security number and a partnership and corporation is required to furnish its employer identification numbers to Alleghany County. Please indicate this information on this Bid Form as follows:
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Social Security Number: ______Federal Employer Identification Number: ______
h. Indicate whether you obtained a license to conduct or engage in this business, trade or occupation? ____ Yes. ____ No.
5. It is the OWNER’S intent to award a contract to the contractor based on the lowest base bid plus any allowances. Any bid deducts or alternate prices will be considered separately..
6. BIDDER AGREES THAT WORK SHALL BE COMPLETED WITHIN THE NUMBER OF DAYS INDICATED IN THE AGREEMENT AS FOLLOWS: a. BIDDER agrees that the Work (whether it’s Division A solely, Division B solely or Division A and B combined) shall be substantially complete within 210 calendar days of receipt of Notice to Proceed and completed and ready for final payment within 240 calendar days of receipt of Notice to Proceed. b. Liquidated Damages: The OWNER shall assess $500.00 per day for each day the CONTRACTOR fails to substantially complete the project beyond the Substantial Completion date provided in the Agreement. The BIDDER acknowledges that the actual damages likely to result from breach of this Agreement are difficult to estimate on the date of this agreement and would be difficult for FeedMore to prove. The parties intend that the BIDDER’S payment of the Liquidated Damages Amount would serve to compensate OWNER for any breach by the BIDDER of its obligations, and does not intend for it to serve as punishment for any such breach by the BIDDER. Time is of the essence and all Work shall be finished and fully complete, including final inspection, no later than 240 days following receipt of Notice to Proceed. 7. BIDDERS may bid on only one particular Division of the project (Division A or Division B) or both Divisions of the project (Division A and Division B). The County will select the single bid or combination of bids that equates to the lowest overall bid, which could mean an award to one contractor or two separate contractors. 8. BIDDERS shall write “NO BID” in the “TOTAL LUMP SUM PRICE” line of the bid form or leave the entire bid form page blank if not bidding on a particular Division of the project. A blank bid form page for either DIVISION shall mean the BIDDER is not bidding on that particular portion of the project. 9. Communications concerning this Bid shall be addressed to: (CONTRACTOR'S Name, Address and Telephone Number) ______
BID SUBMITTED ON ______, 2019.
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DIVISION A FROM ROSEDALE SEWGE PUMP STATION ALONG DUNLAP CREEK UP TO AND INCLUDING MH #17 (INCLUDING TIE-IN OF ALL EXISTING SEWERS)
Total Lump Sum Price & Breakdown: Please provide a breakdown for the following categories which equates to the “Total Lump Sum Price” listed below:
• Mobilization and General Conditions: $______(Figures Only) • Erosion & Sediment Control Installation & Maintenance: $______(Figures Only) • Clearing, Removal & Disposal Work: $______(Figures Only) • Pump-Around Operations: $______(Figures Only) • Sanitary Sewer Manholes Installation: $______(Figures Only) • Sanitary Sewer Pipe Installation: $______(Figures Only) • Abandonment of Existing Sewer Pipe and Manholes: $______(Figures Only) • Grading and Removal of Excess Material from Site: $______(Figures Only) • Stream Crossing: $______(Figures Only) • Demolition and Replacement of Chain-Link Fencing: $______(Figures Only) • Demolition and Replacement of Wood Fencing: $______(Figures Only) • Restoration Work (Seeding & Stabilization): $______(Figures Only)
TOTAL LUMP SUM PRICE: $______(Figures Only)
Deduct/Alternate Price: Contractor to provide a DEDUCT for the furnishing and installation of 12-inch diameter PVC PIPE in lieu of DUCTILE IRON PIPE:
$______(Figures Only)
Deduct/Alternate Price: Contractor to provide a DEDUCT for the furnishing and installation of 8-inch diameter PVC PIPE in lieu of DUCTILE IRON PIPE:
$______(Figures Only)
Unit Price: Contractor is to include an allowance for 375 cubic yards of “rock excavation” in their “total lump sum price,” with the final amount adjusted based on the actual quantity and unit price provided for this unit cost:
• Rock Excavation, Disposal Off-Site and Replacement with Select Material or Stone:
$______/ C.Y. (Figures Only)
Unit Price: Contractor is to include an allowance for 200 cubic yards of “removal of asbestos- containing materials from debris related to previously demolished foundations of houses and dispose off-site” in their “total lump sum price,” with the final amount adjusted based on the actual quantity and unit price provided for this unit cost:
• Removal of Asbestos-Containing Materials and Dispose Properly Off-Site:
$______/ C.Y. (Figures Only)
BID FORM 00 4113 - 3 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
DIVISION B FROM MH #19 TO MH #27 IN THE ROSEDALE SUBDIVISION (INCLUDING TIE-IN OF ALL EXISTING SEWERS)
Total Lump Sum Price & Breakdown: Please provide a breakdown for the following categories which equates to the “Total Lump Sum Price” listed below:
• Mobilization and General Conditions: $______(Figures Only) • Erosion & Sediment Control Installation & Maintenance: $______(Figures Only) • Clearing, Removal & Disposal Work: $______(Figures Only) • Pump-Around Operations: $______(Figures Only) • Sanitary Sewer Manholes Installation: $______(Figures Only) • Sanitary Sewer Pipe Installation: $______(Figures Only) • Residential Lateral Tie-Ins: $______(Figures Only) • Abandonment of Existing Sewer Pipe and Manholes: $______(Figures Only) • Grading and Removal of Excess Material from Site: $______(Figures Only) • Stream Crossing: $______(Figures Only) • Alley Surface Repair Work: $______(Figures Only) • Sweetbriar Avenue Pavement Overlay: $______(Figures Only) • Restoration Work (Plants, Shrubs, Seeding & Stabilization): $______(Figures Only)
TOTAL LUMP SUM PRICE: $______(Figures Only)
Deduct/Alternate Price: Contractor to provide a DEDUCT for the furnishing and installation of 8-inch diameter PVC PIPE in lieu of DUCTILE IRON PIPE:
$______(Figures Only)
Unit Price: Contractor is to include an allowance for 125 cubic yards of “rock excavation” in their “total lump sum price,” with the final amount adjusted based on the actual quantity and unit price provided for this unit cost:
• Rock Excavation, Disposal Off-Site and Replacement with Select Material or Stone:
$______/ C.Y. (Figures Only)
BID FORM 00 4113 - 4 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
I/We DO or DO NOT (circle one) wish to exercise my/our option for the use of the escrow account utilization procedure to allow utilization of County retained funds as specified in the bid documents and Section 2.2-4334 of the Code of Virginia. (Note: If you fail to indicate your preference for this procedure, you hereby forfeit your right to utilize the procedure).
• INDIVIDUAL
BY: (SEAL) (Individual's Name and Signature)
Doing Business as: Virginia Registration Number: Business Address: Phone Number (Include Area Code): E-mail Address:
• PARTNERSHIP
BY: (SEAL) (Firm Name)
(General Partner's Name and Signature)
Virginia Registration Number: Business Address: Phone Number (Include Area Code): E-mail Address:
• CORPORATION
BY: (SEAL) (Corporation Name)
(State of Incorporation)
(Name and Person Authorized to Sign and Signature)
BID FORM 00 4113 - 5 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
(Corporate Seal)
ATTEST: (Secretary or Assistant Secretary and Signature)
Virginia Registration Number: Business Address: Phone Number (Include Area Code): E-mail Address:
• JOINT VENTURE
BY: (Name and Signature)
Virginia Registration Number: Business Address: Phone Number (Include Area Code): E-mail Address:
BY: (Name and Signature)
Virginia Registration Number: Business Address: Phone Number (Include Area Code): E-mail Address:
(Each joint venturer must sign. The name of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)
BID FORM 00 4113 - 6 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 00 4200 – CERTIFICATION OF NON-COLLUSION
This sheet must be signed and submitted with bid in order for bid to be considered.
My signature below certifies that:
• I agree to abide by all conditions of this bid and that I am authorized to sign this bid;
• The accompanying bid is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under § 18.2-498.1 et. seq. of the Code of Virginia. Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards; and
• The accompanying bid is in compliance with applicable provisions of the State and Local Government Conflict of Interests (§2.2-3100 et. seq. of the Code of Virginia). Specifically, without limitation, no County/School Board employee or a member of the employee’s immediate family shall have a proscribed personal interest in a contract.
• The accompanying bid is in accordance with applicable provisions of the Virginia Public Procurement Act, Art. 6 Ethics in Public Contracting (§2.2-4367 et. seq. of the Code of Virginia), and any other applicable law as set forth therein.
Complete Legal Name of Firm: ______Check One: ___ Individual ____ Partnership ___ Corporation ____ LLC ____ Joint Venture _____ Mailing Address: ______Remit To Address: ______Signature: ______Name (type/print): ______Title: ______Fed ID No.: ______Phone ( ____ ) ______Fax ( ____ ) ______We hereby provide the following information to Alleghany County regarding our business. We understand that it is provided for statistical purposes only and all firms submitting bids will receive equal consideration.
Minority-Owned Business: Yes ____ No ____
Women-Owned Business: Yes ____ No ____
Alleghany County Business: Yes ____ No ____
CERTIFICATION OF NON-COLLUSION 00 4200- 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 00 4313 – BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ______as Principal, and as Surety, are hereby held and firmly bound unto as owner in the penal sum of for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of ______, 2019.
The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into an Agreement in writing, for the construction of the Rosedale Sanitary Sewer Replacement Project.
NOW, THEREFORE,
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver an Agreement in the form attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all 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 the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.
______Principal ______Surety By: ______
IMPORTANT - 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.
BID BOND 00 4313 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 00 4320 – INSURANCE
The contractor shall purchase and maintain in force, at his own expense, such occurrence type insurance as will protect him and Alleghany County, its officers, agents, and employees from claims which may arise out of or result from the Contractor's execution of the work, whether such execution be by himself, his employees, agents, subcontractors, or by anyone for whose acts any of them may be liable. The insurance coverages shall be such as to fully protect the Contractor, County, its officers, agents, and employees (if applicable) and the general public from any and all claims for injury and damage resulting by any actions on the part of the contractor or his forces as enumerated above. Cost of said coverage shall be at contractor's expense.
The Contractor shall furnish insurance in satisfactory limits, and on forms and of companies that are acceptable to the County’s Attorney and/or Risk Management Director and shall require and show evidence of insurance coverages on behalf of any subcontractors (if applicable), before entering into any agreement to sublet any part of the work to be done under this contract.
The Contractor shall maintain during the initial term and any additional terms of this contract the following equivalent coverage and minimum limits:
1. Commercial General Liability, including contractual liability coverage $2,000,000 Combined Single Limit per occurrence including Explosion, Collapse, and Underground Hazards (x, c and u) coverages.
a. The Contractor shall name as additional insureds on the Commercial General Liability policy those property owners requesting this, if the work will take place on their property. The Contractor shall provide Certificates of Insurance evidencing this to the property owners and Owner's Risk Management Director. b. The Contractor shall be responsible for continuing in force completed operations, bodily injury and property damage coverage for a minimum of two (2) years after completion and acceptance of the work.
2. Automobile Liability, “any auto” type coverage, $2,000,000 Combined Single Limit per occurrence
3. Builders Risk Insurance
4. Workers’ Compensation Virginia Statutory limits
4. Employers’ Liability $100,000 each accident
5. Umbrella Liability Insurance $2,000,000 Each Occurrence (to include Fire, Public Liability and Property Damage)
INSURANCE 00 4320 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
All policies and insurance certificates is used as evidence of the required insurance:
a. Must reflect that the Commercial General Liability and Automobile Liability policies name Alleghany County, its officers, agents, and employees as additional insureds by endorsement to the policy; b. Must reflect that the policies are endorsed to require no less than 30 days notice of cancellation or other change in coverage to the County; c. Must have an authorized signature; d. The Certificate Holder should be listed as: Alleghany County c/o Alleghany County Director of Public Works 9212 Winterberry Avenue, Suite A Covington, Virginia 24426
INSURANCE 00 4320 - 2 SECTION 00 5100 ALLEGHANY COUNTY - ESCROW AGREEMENT
THIS ESCROW AGREEMENT, made and entered into this ______day of ______, 20 ____ by and among the County of Alleghany, Virginia ("the County”), ______(“the Contractor”) (Name of Contractor) ______(Name of Bank) ______(Address of Bank where payments are to be sent) ______(Contact Person) ______(Area Code and Telephone Number) a trust company, bank, or savings and loan institution with its principal office located in the Commonwealth ("the Bank"), and ______
("Surety"), provides as follows:
I.
The County and the Contractor have entered into a contract with respect to the Rosedale Sanitary Sewer Replacement Project located in Alleghany County, Virginia ("the contract"). This Escrow Agreement is pursuant to, but in no way amends or modifies the contract. Payments made hereunder or the release of funds from escrow shall not be deemed approval or acceptance
II.
In order to assure full and satisfactory performance by the Contractor of its obligations under the contract, the County's Director of Public Works is required thereby to retain certain amounts otherwise due the Contractor. The Contractor has, with the approval of the County, elected to have these retained amounts held in escrow by the Bank. This Escrow Agreement sets forth the terms of the escrow. The Bank shall not be deemed a party to, bound by, or required or permitted to inquire into the terms of the contract or any other instrument or agreement between the County and the Contractor other than this Escrow Agreement.
00 5100-1 III.
The County shall from time to time pursuant to this Agreement pay to the Bank amounts retained by the County under the contract. Except as to amounts actually withdrawn from escrow by the County, the Contractor shall look solely to the Bank for the payment of funds retained under the contract and paid by the County to the Bank.
The risk of loss by diminution of the principal (and interest or dividends, if any) of any funds invested under the terms of this contract shall be solely upon the Contractor.
Funds and securities held by the Bank pursuant to this Escrow Agreement shall not be subject to levy, garnishment, attachment, lien, or other process whatsoever. Contractor agrees not to assign, pledge, discount, sell or otherwise transfer or dispose of his interest in the escrow account or any part thereof, except to the Surety.
IV.
Upon receipt of checks or warrants drawn by the County and made payable to the Bank as escrow agent, the Bank shall promptly notify the Contractor, negotiate the same and deposit or invest and reinvest the proceeds in approved securities in accordance with the written instructions of the Contractor. In no event shall the Bank invest the escrowed funds in any security not approved.
V.
The following securities, and none other, are approved securities for all purposes of this Agreement:
1. United States Treasury Bonds, United States Treasury Notes, United States Treasury Certificates of Indebtedness or United States Treasury Bills;
2. Bonds, notes and other evidences of indebtedness unconditionally guaranteed as to the payment of principal and interest by the United States;
3. Bonds or notes of the Commonwealth of Virginia;
4. Bonds of any political subdivision of the Commonwealth of Virginia, if such bonds carried, at the time of purchase by the Bank or deposit by the Contractor, a Standard and Poor's or Moody's Investor Service rating of at least "A"; and
00 5100-2 5. Certificates of deposit issued by commercial Banks located within the Commonwealth, including, but not limited to, those insured by the Bank and its affiliates.
6. Any bonds, notes, or other evidences of indebtedness listed in Sections 1 through 3 above, may be purchased pursuant to a repurchase agreement with a bank, within or without the Commonwealth of Virginia having a combined capital, surplus and undivided profit or not less than $25,000,000, provided the obligation of the Bank to repurchase is within the time limitations established for investments as set forth herein. The repurchase agreement shall be considered a purchase of such securities even if title, and/or possession of such securities is not transferred to the Escrow Agent, so long as the repurchase obligation of the Bank is collateralized by the Securities themselves, and the securities have on the date of the repurchase agreement a fair market value equal to at least 100% of the amount of the repurchase obligation of the Bank, and the securities are held by a third party, and segregated from other securities owned by the Bank. No security is approved hereunder which matures more than five years after the date of its purchase by the Bank or deposit by the Contractor.
VI.
The Contractor may from time to time withdraw the whole or any portion of the escrowed funds by depositing with the Bank approved securities in an amount equal to, or in excess of, the amount so withdrawn. Any securities so deposited or withdrawn shall be valued at such time of deposit or withdrawal at the lower of par or market value, the latter as determined by the Bank. Any securities so deposited shall thereupon become a part of the escrowed fund.
Upon receipt of a written direction signed by the County's Director of Public Works, the Bank shall pay and deliver the principal of the fund, or any specified amount thereof, to the Contractor, in cash or in kind, as may be specified by the Contractor. Such payment and delivery shall be made as soon as is practicable after receipt of the direction.
VII.
For its services hereunder the Bank shall be entitled to a reasonable fee in accordance with its published schedule of fees or as may be agreed upon by the Bank and the Contractor. Such fee and any other costs of administration of this Agreement shall be paid from the income earned upon the escrowed fund and, if such income is not sufficient to pay the same, by the Contractor.
VIII.
00 5100-3 The net income earned and received upon the principal of the escrowed fund shall be paid over to the Contractor in quarterly or more frequent installments. Until so paid or applied to pay the Bank's fee or any other costs of administration such income shall be deemed a part of the principal of the fund.
IX.
The Surety undertakes no obligation hereby but joins in this Agreement for the sole purpose of acknowledging that its obligations as Surety for the Contractor's performance of the contract are not affected hereby.
Witness the following signatures, all as of the day and year first above written.
! ALLEGHANY COUNTY, VIRGINIA (Name of Firm/Contractor)
! BY: !!!!!!!!
(Address)
BY:______ATTEST:______(Official's Signature) (Clerk)
______(Typed Name & Title
Attest:______(Seal)
______(Name of Bank)
______
______(Bank Address)
BY:______(Official’s Signature)
00 5100-4 ______(Typed Name and Title)
Attest:______(Seal)
______
______(Surety Address)
BY:______(Resident Virginia Agent’s Signature)
______(Typed Name and Title)
Attest:______(Seal)
00 5100-5 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 0050 – NOTICE OF AWARD
Owner: Alleghany County Alleghany County Project Number: ______Contract Name: Rosedale Sanitary Sewer Replacement Project Engineer: Sekiv Solutions
The Owner has considered the bid submitted by you for the above-referenced contract in response to their Invitation to Bid and Instruction to Bidders, date issued March 9, 2019.
You are hereby notified that your bid has been accepted for construction of the work in the amount of $______.
You are required under the terms of the Invitation to Bid and Instruction to Bidders to execute a construction contract and furnish the required bonds and certificate of insurance within five (5) business days from the date of this Notice of Award.
If you fail to execute the said contract and furnish said bonds and certificates of insurance within five (5) business days from the date of this Notice, the Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your bid to be abandoned and as a forfeiture of your Bid. The Owner 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 ______, 2019.
By: ______Title: ______
Acceptance of Notice
Receipt of the foregoing Notice of Award is hereby acknowledged by:
______(Insert company name)
This ______day of ______, 2019.
By: ______Title: ______
NOTICE OF AWARD 01 0050 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 1000 – GENERAL CONDITIONS
1. DEFINITIONS
A. AGREEMENT The agreement covering the performance of the Work and the furnishing of the materials for the proposed construction. The terms "Agreement" and "Contract" are synonymous and include all Contract Documents as that term is defined in the General Conditions.
B. BID The proposal submitted by a Bidder on the Bid Form consistent with the Instructions to Bidders, to complete the Work for a specified sum of money and within a specified period of time.
C. BIDDER An individual, firm, partnership or corporation qualified in accordance with the Virginia Public Procurement Act, and approved by the Owner, that submits a Bid for the Work, either directly or through a duly authorized representative.
D. BID BOND A bid bond of 5% will be required with the submission of a bid..
E. BID DOCUMENTS All Contract Documents that the Owner or Engineer provides to potential Bidders before the time established for the submission of Bids.
F. CHANGE ORDER An amendment or modification to the Agreement, properly executed by authorized representatives of the Owner and the Contractor on the form provided in the Contract Documents.
G. COMPLETION OF THE WORK Substantial completion shall be defined as the event when the Work has progressed to the point where, in the opinion of the Engineer, it is sufficiently complete, in accordance with the Contract Documents, so that the Work can be utilized for the purposes for which it is intended.
Final completion shall be defined as the event that occurs when (1) the Work has been completed, successfully tested and approved in accordance with the Contract Documents, (2) all submittals required by the Contract Documents (including Operation and Maintenance Manuals) have been made, (3) all Punch List items and restoration Work required by the Contract Documents has been completed; and (4) Work is complete and ready for final payment as evidenced by Engineer’s written recommendation for final payment. The Contractor’s use of water or wastewater lines for the purpose of completing the testing of equipment or piping, the tie-in of water or wastewater lines, or the continued use of equipment or piping because of tie-ins or testing shall not constitute Completion of the Work until all conditions of this definition have been satisfied.
H. CONTRACT BONDS The Performance Bond and Labor and Material Payment Bond executed by the Contractor, with corporate surety, on the forms provided in the Contract Documents.
I. CONTRACT DOCUMENTS The Instructions to Bidders, Bid Form, Bond Requirements, Agreement, General Conditions, Insurance Provisions (Including Instructions Regarding Insurance Certificates), Labor and Material Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Change Orders, Drawings, Specifications and Addenda, Virginia Clean Water Revolving Loan Fund 2016 Contract Inserts, Special Provisions and any other document incorporated by reference into one of these documents.
J. CONTRACT PRICE The amount of money which the Owner and the Contractor have agreed that the Owner will pay to the Contractor for performing and completing the Work.
GENERAL CONDITIONS 01 1000 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
K. CONTRACTOR The party that has contracted to perform and complete the Work.
L. ENGINEER The consulting engineer who has been designated by the County as engineer for the project, and the Engineer's authorized agents, inspectors or representatives.
M. FINAL ACCEPTANCE The event that occurs when the Engineer issues to the County or the County issues to the Contractor a written statement that the Contractor has completely performed all Punch List items, has made all necessary submittals to the Owner and Engineer and has satisfied all of the Contractor's obligations under the Contract Documents.
N. FINAL INSPECTION The inspection conducted by the Engineer to determine what items of the Work must be completed by the Contractor in order for Completion of the Work to occur. After the Final Inspection is conducted, the Engineer shall provide the Contractor with a Punch List that the Contractor must complete in order for Completion of the Work to occur. The Owner may perform the Final Inspection instead of, or together with, the Engineer.
O. FINAL PAYMENT Payment by the Owner to the Contractor after Completion of the Work plus retainage and Change Order items, if any, so that the Contractor has received all payments due him under the terms of the contract documents for performing and completing the Work.
P. FORCE ACCOUNT - EXTRA WORK Not applicable.
Q. INSPECTOR The person appointed by the Owner to carry out instructions given by the Owner and to inspect the Work performed and the materials supplied by the Contractor pursuant to this Agreement.
R. OWNER Alleghany County, Virginia, a political subdivision of the Commonwealth of Virginia, and its duly authorized officials, agents and employees.
S. PLANS All drawings or reproductions of drawings that depict or relate to the Work. A pictorial representation of the Work or some portion of the Work, showing design, location and dimensions.
T. PUNCH LIST The list provided to the Contractor by the Engineer or owner after Final Inspection that includes all items that the Contractor must complete in order for Completion of the Work to occur.
U. SPECIAL PROVISIONS The Owner's list of Materials and Manufacturers Approved by the Department of Utilities and any Supplemental General Conditions included in the Contract Documents.
V. SPECIFICATIONS The directions, provisions and requirements contained in the Contract Documents relating to the method or manner of performing the Work, or to the quantity or quality of materials to be furnished under the Contract Documents.
W. SUBCONTRACTOR Any individual, firm or corporation having a direct contract with the Contractor for the performance of any part of the Work.
X. SUPERINTENDENT The person appointed by the Contractor who is in direct charge of the Work for the Contractor.
GENERAL CONDITIONS 01 1000 - 2 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
Y. TIME OF COMPLETION The time agreed upon by the Owner and the Contractor in the Agreement by which the Contractor is required to accomplish Completion of the Work, plus any extensions of time granted to the Contractor by the Owner pursuant to the Contract Documents.
Z. THE WORK The whole and any part of the construction, labor, materials, equipment, incidentals or services necessary for the Contractor to achieve Completion of the Work as required by the Contract Documents.
2. AGREEMENT CONSTRUED UNDER VIRGINIA LAWS The Agreement and Contract Bonds shall be executed in the State of Virginia and shall be construed in accordance with the laws of the State of Virginia, excepting the law governing conflicts of laws. Any action at law, suit in equity or other adjudicatory proceeding instituted as a result of the performance, non-performance or alleged breach of this Agreement shall be brought in the Circuit Court of the County of Alleghany, Virginia, to the express exclusion of any other judicial forum.
3. ASSIGNMENT OF AGREEMENT Neither the Agreement, nor any part thereof, nor any monies due or that become due to the Contractor pursuant to the Agreement, may be assigned by Contractor without the prior written approval of the Owner.
4. SERVING OF NOTICE When the owner is required by the Contract Documents to give written notice, demand or other communication to the Contractor, the Owner's notice, demand or communication shall be deemed to be given when it is deposited in the United States mail, postage pre-paid, and addressed to the address of the Contractor stated in the Agreement or at such other address as the Contractor designates in writing to the Owner.
5. LAWS AND REGULATIONS The Contractor shall comply with all State and Federal laws, local ordinances, other regulations and orders or decrees of bodies or tribunals having jurisdiction over the Contractor or the Work and that affect the performance of the Work or the people who are employed or engaged in performing the Work.
The Contractor shall defend, indemnify and hold harmless the owner and its officers, agents and employees against any claim, liability or judgment arising from or based on the violation of such laws, ordinances, regulations, orders or decrees, whether the violation is committed by the Contractor or by its agents, employees, subcontractors or suppliers.
6. COMPLIANCE WITH SAFETY AND HEALTH LAWS The Contractor shall comply with the Rules and Regulations Governing the Safety and Health of Employees Engaged in Construction and all revisions thereto, as adopted by the Safety and Health Codes Commission of the Commonwealth of Virginia and issued by the Virginia Department of Labor and Industry.
The Contractor shall perform all construction operations in accordance with all laws, rules and regulations of the U.S. Occupational Safety and Health Act of 1970, the Standards of the U.S. Department of Labor, Occupational Safety and Health Administration and the latest amendments thereto.
7. JOB SAFETY The Contractor is responsible for maintaining and implementing appropriate safety measures performing of the Work. The Engineer has not been retained to provide construction review services relating to the Contractor's safety precautions or to means, methods, techniques, sequences or procedures required for the Contractor to perform the Work.
8. SANITARY PROVISIONS The Contractor shall provide and maintain in a neat and sanitary condition sufficient portable toilets and sanitary facilities for the use of its employees and the employees of subcontractors.
9. USE OF WATER The Contractor shall not withdraw water from the Owner's facilities for any purpose unless suitable arrangements for withdrawal have been made with the Owner through the Inspector.
GENERAL CONDITIONS 01 1000 - 3 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
10. FIRE PREVENTION The Contractor shall take all necessary precautions to prevent the outbreak of fire on the job site and to immediately suppress any fire which does occur.
11. CLEAN UP OF JOB SITE The Contractor shall clean up the job site as the Work progresses. If the Contractor fails to keep the job site clean, the owner may require the Contractor to stop all or any portion of the Work until the job site is clean.
12. DESIGNATION OF WORK AREAS The Owner reserves the right to designate the order in which the Contractor performs the Work.
13. PERMITS The Contractor shall obtain a permit from the County's Public Works Department for land disturbing activity and solid waste disposal. The Contractor shall be bound by the conditions contained in the land disturbance permit. The appropriate Land Disturbance permit fee will be waived by the County.
Except as otherwise provided in this paragraph, the Contractor must obtain all required licenses and permits and pay all charges and expenses for obtaining the permits. The Contractor shall determine what permits it must obtain to perform the Work.
14. PATENTS, FEES, ROYALTIES AND LICENSES If the Contractor uses any device, material or process covered by trademark, patent or copyright, it shall obtain permission to use the device, material or process by executing a suitable legal agreement with the owner of the trademark, patent or copyright, and a copy of the agreement shall be filed with the owner before the Contractor uses the device, material or process.
The Contractor shall protect, indemnify and hold harmless the Owner and its officers, agents and employees from all claims or suits for infringement resulting from Contractor's use of any patented device, design, material or process or the Contractor's use of any trademark or copyright in connection with the Work. The Contractor shall protect, indemnify and hold harmless the Owner and its officers, agents and employees from any costs, expenses or damages, including reasonable attorney's fees which the Owner may suffer or incur at any time by reason of any alleged or actual patent, trademark or copyright infringement.
15. CONTRACT BONDS Contract Bonds shall be executed on the form provided by the Owner in the Contract Documents and shall be in an amount not less than the full Contract amount, including any increases in the Contract amount that may be agreed upon between the owner and Contractor pursuant to the Contract Documents.
16. PRE-CONSTRUCTION CONFERENCE Representatives of the Owner, the Engineer, and the Contractor shall meet and conduct a pre-construction conference at least three (3) days before the Contractor begins to perform the Work. A summary of the conference shall be prepared by the Engineer and distributed to the Owner and the Contractor. The Contractor shall acknowledge receipt of the Engineer's summary in writing to the Owner.
17. SCOPE OF WORK The Contractor shall perform in a workmanlike manner all work described in or reasonably implied by the Contract Documents; all additional or incidental work that is necessary to complete the Work to the finished lines and grades; and all Work necessary to connect the Work with adjoining work or facilities. The Contractor shall furnish all implements, machinery, equipment, tools, material, labor and construction expertise necessary to perform the Work.
18. FAMILIARITY WITH PROPOSED WORK The Contractor has made a thorough examination of the Contract Documents and has fully informed itself of the quality of materials and character of the workmanship required to perform and complete the Work.
19. RESPONSIBILITY FOR ACTIONS OF WORKMEN All employees of the Contractor and subcontractors are servants of the Contractor and subcontractors. They are not employees of the Owner. The Contractor shall not be relieved from responsibility or liability on account of any fault
GENERAL CONDITIONS 01 1000 - 4 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA or delay in the execution of the Work, or any part thereof, resulting from the actions or inaction of any such employee or any material supplier. 20. INSPECTOR The Inspector is authorized by the Owner to inspect and approve all Work and materials. In case of any dispute arising between the Contractor and the Inspector over materials furnished or the manner of performing the Work, the Inspector has the authority to reject material or suspend Work until the dispute is resolved by the Engineer. The Inspector is not authorized to revoke, alter, enlarge, relax or waive any requirements of the Contract Documents or to approve or accept any portion of the Work or issue instructions contrary to the Contract Documents. The Engineer and Inspector shall have access at all times to all of the Work.
21. SUPERINTENDENT The Contractor shall supervise the Work and shall be represented by a Superintendent who shall have full authority to act on behalf of the contractor as the Contractor's agent and representative. The Superintendent or Contractor shall be on duty at all times while the Work is being done.
22. MATERIALS AND WORKMANSHIP The Contract Documents describe the character and features of the materials and workmanship required to perform the Work. The Contract Documents require first class work and materials in all particulars. In case of any disagreement between the Owner and the Contractor about the meaning and intent of the Contract Documents, the Engineer shall determine the meaning and intent, and the Engineer's determination shall be binding on the Contractor.
23. NO DEVIATION FROM CONTRACT DOCUMENTS BY THE CONTRACTOR In performing the Work, the Contractor shall not deviate from the Contract Documents without the written consent of the Engineer and the Owner. If the Contractor does deviate from the Contract, it shall correct the deviation at its expense in a manner satisfactory to the Engineer and the Owner.
24. INTERPRETATION OF CONTRACT DOCUMENTS In case of discrepancy between or among the Contract Documents, the Engineer shall make all interpretations that are necessary to fulfill the intent of the Contract Documents. The Engineer's interpretation shall be binding on the Contractor.
The Contractor shall verify all figures on the Plans and shall be responsible for the proper coordination of all dimensions as well as all different parts of the Work.
25. DISCREPANCIES The Contractor shall immediately report to the Engineer, in writing, all discrepancies that it finds between the Contract Documents and site conditions and any inconsistencies or ambiguities in the Contract Documents. The Engineer shall promptly correct such discrepancies, inconsistencies or ambiguities in writing. Work done by the Contractor after it discovers such discrepancies, inconsistencies or ambiguities shall be performed at the Contractor's risk.
26. CONFLICTS WITH LAWS, RULES OR REGULATIONS If any requirement of the Contract Documents conflicts with the requirements of any governmental authority having jurisdiction over the project or the job site, then to the extent of such conflict, the Contract Documents shall be superseded by the applicable law, rule or regulation.
27. CONTRACTOR'S RESPONSIBILITY FOR THE WORK The Contractor shall be responsible for the Work, and shall take all precautions to prevent injuries to persons and property on or about the Work. The Contractor shall bear all losses resulting from any difference in the amount or character of the Work from what the Contractor estimated or expected, or from any difference in the nature of the land in which or on which the Work is done from what the Contractor expected. The Contractor shall defend, indemnify and hold harmless, the Owner, its officers, and agents from all claims relating to labor and materials furnished for the Work; from all claims for violation of patents, trademarks and copyrights used in performing the Work; from injuries to any person performing the Work; from improper materials, implements or labor used; and from any act, omission or neglect of the Contractor, any subcontractor or their employees.
GENERAL CONDITIONS 01 1000 - 5 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
Until Final Acceptance of the Work, the Work shall be under the charge of the Contractor, and the Contractor shall take all necessary precautions against injury or damage to the Work or to any part of the Work from any cause whatsoever, whether arising from the execution or the non-execution of the Work. The Contractor shall rebuild, repair, restore and make good, at his expense, all injuries or damage to the Work occasioned by any of the above causes before Final Acceptance of the Work.
28. CHARACTER OF WORKMEN AND EQUIPMENT The Contractor and all subcontractors shall employ competent superintendents, foremen and workmen who shall perform the Work in a workmanlike manner. The Owner may demand that the Contractor discharge or remove from the project any employee the Contractor or any subcontractor who is incompetent or negligent in the performance of his duties, or who refuses or neglects to comply with the directions of the Owner, Engineer or Contractor. Any person so discharged from the project shall not be employed again without written consent of the Owner.
29. INCREASED OR DECREASED WORK Not applicable.
30. WORK IN BAD WEATHER No Work shall be performed during stormy or inclement weather unless it can be performed in a satisfactory and workmanlike manner.
31. WORK OUTSIDE OF NORMAL WORKING HOURS Normal working hours for the project are 8:00 A.M. to 4:30 P.M., Monday through Friday. If the Contractor desires to perform work outside of the normal working hours, it shall request the Owner's permission at least 48 hours in advance of the time when the Contractor proposes to perform the Work. The Owner may refuse the Contractor permission to work outside of normal working hours for any reason, including but not limited to the owner's difficulty in making arrangements for proper inspection of the Work. The Contractor shall avoid making undue noise when working outside of normal working hours. Under normal circumstances the Contractor will not be permitted to work on Sundays or on holidays without written approval from the Owner.
The contractor may request, in writing, different normal working hours than those stated above. The revised work hours must be agreed upon by the Inspector and approved by the Owner in writing. Work in excess of 40 hours per week shall be considered overtime work. The Owner reserves the right to require the Contractor to work outside of normal working hours in the interest of public safety or convenience. No claim for additional compensation shall be made by the Contractor when such occasions occur.
Except for Work that is scheduled outside of normal working hours by the Owner in order to promote public safety or convenience, the Contractor will be liable for the expense of overtime work of the Owner's employees required by reason of the Contractor performing work outside normal working hours.
32. CHANGE OF PLANS The Engineer, with the approval of the Owner, may make alterations for line, grade, plan positions, dimensions, materials or any other part of the Work, either before or after commencement of the Work.
33. CORRECTION OF WORK The Contractor shall promptly remove from the premises all work rejected by the Engineer or Inspector for failure to comply with the Contract Documents, whether the rejected work is incorporated into the Work or not. After removing the rejected work, the Contractor shall promptly replace and re-execute the work in accordance with the Contract Documents, without expense to the Owner. The Contractor shall repair, at its own expense, all work of other contractors that is destroyed or damaged by the Contractor or any subcontractor.
All removal and replacement work shall be performed at the Contractor's expense. If the Contractor does not remove rejected work within ten (10) calendar days after it receives written notice from the Owner or Engineer to remove it, the Owner may remove the rejected work, and store the materials, at the expense of the Contractor.
34. EXISTING STRUCTURES The location of existing sewers, water and gas pipes, conduits and other structures across, along or under the area of the Work are not necessarily shown on the Contract Documents, and if shown, the description, composition, location, depth and dimensions of those structures may not be correct. The Owner shall not be responsible to the Contractor for any delays or extra costs incurred by the Contractor as a result of any discrepancy between the actual
GENERAL CONDITIONS 01 1000 - 6 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA location of existing structures and the Contract Documents or as built drawings. The Contractor shall have a working pipe locator on the job at all times. The Contractor shall dig such test holes as are needed to locate existing underground structures. The contractor shall dig such test holes only after giving 48 hours prior notice to the Owner and to the owner of the underground structure.
35. CARE FOR EXISTING STRUCTURES The Contractor shall be liable for all damage to any existing structure or property arising from its negligence or carelessness. The Contractor shall protect and maintain all underground, overhead or surface utilities encountered while performing the Work. The Contractor shall locate and adjust water valve boxes on existing water lines in order to facilitate turning water off so that appropriate tie-ins can be made.
Forty-eight (48) hours prior to commencing work, the Contractor shall contact the Utility Information Center ("Miss Utility"), telephone number 1-800-552-7001, for assistance in locating existing underground utilities. The Contractor shall not kill, deface or cut down trees unnecessarily, both within and outside of project work areas or easements.
The Contractor shall be responsible for all damage to property not in the Work area or easements.
36. SUBSURFACE CONDITIONS The Contractor shall promptly, and except in an emergency, before such conditions are disturbed, notify the owner in writing of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents; or of physical conditions at the site, either unknown or differing from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.
37. INDEPENDENT TESTING The Owner may employ an independent testing laboratory to conduct tests of materials, supplies, machinery, tools, or other equipment supplied by the Contractor when the Owner believes it to be necessary to assure compliance with the Contract Documents. The Contractor shall cooperate with the Owner in facilitating these tests.
38. EXTRA WORK Any work that is necessary for Completion of the Work that is not described in the Scope of Work may be considered Extra Work and shall be paid for in one of the following manners:
A. At a price agreed upon in writing between the Contractor and Owner.
B. In the event of work covered by unit prices, at a price derived from application of unit prices to the quantities necessary to complete the extra work.
C. In the event of work not covered by unit prices, at actual cost plus fifteen percent (15%). If the Extra Work is performed by a previously approved subcontractor, then at actual cost plus fifteen percent (15%) for the subcontractor, and five percent (5%) for the Contractor. Actual cost shall include only the necessary labor (including workmen’s compensation, insurance, premiums and payroll taxes), equipment rental (including fuel and lubrication for equipment used in performing the Extra Work), and materials. Equipment rental cost shall be the amount actually paid by the Contractor for rental of the equipment, pro-rated rental rate for the time the equipment was used to perform the Extra Work, or the pro-rated rental rate for the equipment as shown in the latest rate schedule compiled by the Associated Equipment Dealers, whichever is lower. The Engineer shall determine the Contractor’s actual cost for performing Extra Work, and the Engineer’s determination shall be binding on the Contractor. Under no circumstances shall the Contractor be entitled to any sum of money for performing Extra Work, or for any delays that the Contractor alleges it suffered as a result of performing Extra Work, above actual cost plus 15% (or 15% and 5% when applicable) as outlined above.
Change Orders shall be agreed upon prior to beginning Extra Work. No Change Order shall in any manner or to any extent relieve the Contractor or his Surety of any obligation under the contract. All Change Orders given in accordance with the Agreement are a part of the Agreement and are subject to each and every term or requirement of the Agreement.
The Contractor is responsible for all damages caused by the carelessness or lack of skill of the Contractor, the subcontractors, or employees of the Contractor or subcontractor in doing Extra Work.
GENERAL CONDITIONS 01 1000 - 7 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
39. PROGRESS OF THE WORK The Contractor shall provide an adequate force of labor and equipment to prosecute the Work to insure the Completion of the Work within the time limit for Completion as set forth in the Agreement.
The Contractor shall furnish a progress schedule to the Owner and Engineer in a form acceptable to the Engineer within ten (10) calendar days after the request is made. The Contractor shall provide all manpower and equipment necessary to meet the progress schedule. In the event periodic estimates indicate that the schedule progress is not being met, the Owner or Engineer may require the Contractor to furnish in writing to the Engineer the method the Contractor proposes to employ to bring the project into compliance with the progress schedule. The Owner may withhold payments if the Work is behind the progress schedule or otherwise not being performed in accordance with the terms of the Contract Documents.
40. TIME OF COMPLETION Time is of the essence in performing this Contract. The Contractor shall perform and complete the Work in accordance with the Contract Documents before the expiration of the time limit stipulated in the Bid, the Agreement and any extensions of time that are agreed upon pursuant to the procedure for granting extensions of time set forth in the Contract Documents. The amount of time permitted for Completion of the Work contemplates ordinary delays to construction work of a similar character. The Contractor shall not be entitled to an extension of time or additional compensation for ordinary delays in the Completion of the Work or for delays occasioned by inclement weather or accidents. Such delays will not relieve the Contractor from maintaining the rate of progress specified herein or from completing the Work within the stipulated time limit.
If delays are caused by acts of God, acts of government, unavoidable strikes, Extra Work, or other causes or contingencies not enumerated in the preceding paragraph and if they are beyond the control or responsibility of the Contractor, the Contractor may request the Owner to allow additional time to perform and complete the Work. If the Owner determines that the delay is properly excusable, the Owner will, in writing, extend the time for completion of the Work by the amount of time that the Owner believes to be appropriate. The Contractor agrees that such extension of time shall constitute his sole remedy against the Owner for such delays. Contractor shall not have or assert any claim for, nor shall he be entitled to any additional compensation or damages on account of such delays. If the delay is due solely to the negligence of the Owner, or any of its officers or employees, the Contractor may also request from the Owner an adjustment in the Contract Price for actual costs incurred by the Contractor to perform and complete the Work. The Contractor shall be entitled to an adjustment in Contract Price only for actual costs, as that term is defined in Paragraph 38, in the General Conditions, entitled Extra Work-Force Account. If the owner determines that the delay is of the nature described in this subparagraph and that an adjustment in price is warranted, the owner may, in writing, grant an adjustment in the price for the Work in amount deemed appropriate by the Owner.
Within ten (10) calendar days from the beginning of any delay for which Contractor is entitled to an extension of time or additional compensation, the Contractor shall submit in writing to the Owner, with a copy to the Engineer, its request for adjustment in price or extension of time for the completion of the Work. Any such request shall set forth the cause and particulars of the delay, the details of the delay, and documentation supporting the extension or adjustment requested. The Owner shall review the information and documentation submitted by the Contractor and shall respond to the Contractor in writing. If the Contractor fails to comply with any requirement of this subparagraph the Contractor shall be precluded from making any claim for an adjustment in the Contract Price or extension of time for Completion of Work due to the delay. In no event shall the Owner's officers, agents or employees have any liability to the Contractor, any subcontractors, or any agents, servants or employees of the Contractor or sub-contractors with respect to or arising out of any actual or alleged delay in the Contractor's performance.
The Owner may delay the beginning of the Work or any part thereof because it has not obtained a necessary property interest in the land on which the Work or some portion of the Work, is to be performed. The Contractor shall have no claim for additional compensation or damages on account of such delay, but shall be entitled to request an extension of time as herein provided.
41. TERMINATION FOR BREACH OF NON-PERFORMANCE
GENERAL CONDITIONS 01 1000 - 8 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
If the Contractor fails to perform the Work promptly and diligently, or if the Contractor breaches the Agreement in any other way, the Owner may:
A. After providing the Contractor with fifteen (15) days written notice, supply any workmen, equipment or materials necessary to ensure that the work is performed promptly and diligently. The Owner may deduct the cost of supplying additional workmen, equipment or materials from payments due to the Contractor;
B. Terminate the Agreement, enter upon the premises, take possession of all equipment, materials or appurtenances, and employ any person or persons to finish the Work. In case of termination of the Agreement by the Owner pursuant to this paragraph, the Contractor shall not be entitled to receive any further payment from the Owner until Completion of the Work has occurred. After completion of the Work, the Owner shall pay to the Contractor the amount of the unpaid balance due to the Contractor at the time the Agreement was terminated minus the cost incurred by the Owner to complete the Work. If the cost incurred by the Owner to complete the Work exceeds the unpaid balance due to the Contractor, the Contractor shall be due no money from the Owner and, instead, the Contractor shall pay to the Owner the difference between the unpaid balance due and the Owner's cost to complete the Work. The cost incurred by the Owner to complete the Work shall be audited by the Engineer. The Engineer's certification of the Owner's cost shall be binding upon the Contractor.
42. WAIVER OF ONE BREACH NOT WAIVER OF OTHERS No waiver by the Owner or its agents or employees of any breach of this Agreement by the Contractor shall be construed as a waiver of any other or subsequent breach of the Agreement by the Contractor. All remedies provided by this Agreement are cumulative, and in addition to each and every other remedy under the law.
43. LIQUIDATED DAMAGES The OWNER shall assess $500.00 per day for each day the CONTRACTOR fails to substantially complete the project beyond the Substantial Completion date provided in the Agreement. The CONTRACTOR acknowledges that the actual damages likely to result from breach of this Agreement are difficult to estimate on the date of this agreement and would be difficult for FeedMore to prove. The parties intend that the CONTRACTOR’S payment of the Liquidated Damages Amount would serve to compensate OWNER for any breach by the CONTRACTOR of its obligations, and does not intend for it to serve as punishment for any such breach by the CONTRACTOR.
44. SHOP DRAWINGS Contractor shall submit to the Engineer for its approval detailed Shop or Working Drawings ("Shop Drawings") when required to do so by the Engineer for the construction of any part of the Work. Any work done or materials ordered by the Contractor before the Engineer has approved the Shop Drawings relating to the Work or material shall be at the risk of the Contractor.
The Contractor shall bear the cost of preparing all Shop Drawings and blueprints. The Contractor shall supply three (3) copies of all Shop Drawings and blueprints to the Engineer.
All certifications, Shop Drawings and Working Drawings shall include for each product, the manufacturer's name, the type of product, the location of the manufacturer's plant, and the project name and number.
The Contractor shall furnish the Engineer with all blue prints, copies of Shop Drawings and material certifications that are required by the Engineer for approval. Upon Completion of the Work, the Contractor shall submit the original tracings to the Engineer, if the Engineer so requires.
The purpose of Shop Drawings is to demonstrate to the Engineer that the Contractor understands the design concept of the Work by indicating which equipment and material it intends to furnish and install and by detailing the fabrication and installation methods it intends to use. The Engineer's approval of Shop Drawings relates to the general concept and not the detail of the Work, and the Engineer's approval will not relieve the Contractor from responsibility for errors or omissions in dimensions or quantities. Approved Shop Drawings are not Change Orders. The Contractor shall also submit to the Engineer and Inspector Shop Drawings for operation manuals for machinery and equipment installed by the Contractor in Pump Stations, Tanks, Pressure Reducing Vaults, Treatment Plants and when otherwise required by the Engineer. These Shop Drawings shall be provided to the Engineer at the earliest possible time and in no case less than 48 hours before the Contractor begins to perform the Work, in order to avoid any unnecessary delays in beginning the Work.
GENERAL CONDITIONS 01 1000 - 9 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
If approved Shop Drawings deviate from or conflict with the Contract Documents, the Contractor shall comply with the Contract Documents. 45. CUT SHEETS When required by the Owner, the Contractor shall submit three copies of construction "cut-sheets" to the Owner's Department of Utilities prior to beginning the Work. "Cut-sheets" shall show the centerline, the offset hub elevations and the amount of cut to be made by the Contractor before it installs the improvements. Cut sheets are required on all gravity and force main wastewater projects, on water line projects where the final grade on future roads and paved areas cannot be determined, and on projects where lines are installed in easements. Cut sheets shall be prepared by a qualified engineer or surveyor. Cut sheets shall contain the following information: A. Temporary bench marks at each manhole. B. The location of each downgrade manhole, beginning with station 0+00 and identifying adequately the station of each service connection. C. Elevations of centerline cuts every 25 feet when the Owner is paying all or some portion of the cost of the project. D. Centerline elevations every 50 feet and at every valve box and manhole location for water line projects and for force main projects.
46. FINAL INSPECTION Before Final Inspection of the Work, the Contractor shall clean up the site of the Work including all rights-of-way, and shall leave the site in a clean, neat and sanitary condition. Contractor shall remove all machinery, tools, surplus material, temporary buildings, and other structures from the site of the Work. When the Work is complete and the area cleaned up, the Contractor shall request a Final Inspection of the Work by the Engineer and Owner. After the Final Inspection, the Engineer shall prepare a Punch List. After the Contractor has completed all Work on the Punch List, and the project is ready for Final Acceptance by the Owner, the Contractor shall request in writing an inspection for Final Acceptance of the Work by the Engineer and Owner.
47. USE OF WORK Whenever in the opinion of the Engineer or Inspector any portion of the Work is completed or in acceptable condition for use, it may be used by the Owner for the purpose intended. However, such use by the Owner does not constitute acceptance of any portion of the Work, or a waiver of any of the provisions of the Contract Documents.
48. PAYMENT If the Contractor performs properly all of the obligations of the Contract Documents, the owner shall pay the Contractor for the completion of the Work completed (as of the date of the Progress Payment) less 5% retainage within 30 days. The Owner also agrees to pay the Contractor for Extra Work in accordance with the terms of the Contract Documents. The Contractor shall make requests for payment by submitting the original and four (4) copies of the monthly estimate for partial payment to the Owner on a form acceptable to the Owner.
In the event the Contractor elects to use the escrow account procedure, the “Escrow Agreement” form included in Section 00 5100 shall be executed according to instructions provided in Section 00 2113 - Instructions to Bidders.
49. SALES AND USE TAXES The Owner shall make no payment to the Contractor for sales tax that is not included in the Contract Price at the time the Agreement is executed by the Owner. Specific items used in construction of this project may be exempt from sales tax. A request for determination should be made by the Contractor to Mr. Kip Foster, Water Permits Manager, Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019.
50. MONTHLY ESTIMATES AND RETAINAGE On the 20th day of each month or at any other regular time agreed upon by the Owner and Contractor, the Contractor and the Inspector shall prepare and submit to the Owner a monthly estimate for Partial Payment. The monthly estimate shall cover items of work for which the Contractor is entitled to be paid since the last previous monthly estimate was submitted, including (1) the value of the Work done, (2) major items of equipment or materials delivered to the site of the project to be installed by the Contractor, as substantiated by submitted invoices and as approved by the inspector, and (3) materials incorporated into the Work. The Owner shall pay to the Contractor all sums due under the monthly estimate less five percent (5%) retainage within 30 days after of the approved monthly estimate by the owner, unless the Owner asserts a right to withhold some or all of the payment under the provisions of the Contract Documents.
GENERAL CONDITIONS 01 1000 - 10 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
The Contractor will be paid for materials delivered to and stored on the job site. Payment will be for actual cost of materials as evidenced by receipted invoices, less five percent (5%) retainage. The Contractor shall make a separate accounting of these materials and shall submit an accounting of them, with four (4) copies, along with the monthly estimate for partial payment.
51. PARTIAL PAYMENT NO WAIVER OF RIGHTS Partial payments made under this Agreement by the Owner are not evidence of the proper performance of the Agreement by the Contractor either in whole or in part, and no payment made by the Owner shall be construed to be an acceptance of defective or improper work. No act of the Owner or the Engineer, or the representative of either of them, in superintending or directing the Work, no failure to disapprove or reject any material used in the Work, and no extension of time for the Completion of the Work shall be construed as acceptance of the Work either in whole or in part. Acceptance of the Work by the Owner shall occur only upon Final Payment by the Owner. Before Final Payment is made, the Contractor shall sign and attest to a statement accepting the Final Payment in full satisfaction and settlement of all claims on account of the Work done and materials furnished under the Agreement, and certifying that all claims of others against the Contractor for material provided or labor performed have been paid and satisfied in full.
52. FINAL PAYMENT After receiving satisfactory evidence from the Contractor that all labor and material bills have been paid and as soon as practicable after the completion of the Work, the Inspector shall prepare a final estimate of the amount of the Work, and the value thereof, and the Owner shall, within 30 days after such final estimate is made, pay to the Contractor the entire sum due after deducting therefrom all previous payments, and all deductions to be retained by the Owner under any of the provisions of the Contract Documents. All prior estimates and payments shall be subject to correction in the final estimate of payment.
53. RIGHT TO AUDIT PROVISION Contractor's records, which shall include but not be limited to accounting records, written policies and procedures, subcontract files (including proposals of successful and unsuccessful bidders), original estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to the Agreement (all the foregoing hereinafter referred to as "records") shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by Owner's agent or its authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by the Contractor or any of his payees pursuant to the Contract Documents. The records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with the Agreement. For the purpose of such audits, inspections, examinations and evaluations, the Owner's agent or authorized representative shall have access to the records from the effective date of the Agreement, for the duration of the Work, and until two (2) years after the date of Final Payment by Owner to Contractor pursuant to the Contract Documents.
Owner's agent or its authorized representative shall have access to the Contractor's facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this article. Owner's agent or its authorized representative shall give Contractor reasonable advance notice of intended audits.
Contractor shall require all subcontractors, insurance agents, and materials suppliers (collectively referred to as "payees") to comply with the provisions of this article by insertion of the requirements hereof in a written contract agreement between Contractor and payee. Failure to obtain such written contracts which include such provisions shall be reason to exclude some or all of the related payees' costs from amounts payable to the Contractor pursuant to the Agreement.
If an audit inspection or examination performed pursuant to this paragraph, discloses overcharges of any nature by the Contractor to the Owner in excess of five percent (5%) of the total billings made by the Contractors pursuant to the Contract Documents, the actual cost of the Owner's audit shall be paid by the Contractor.
54. WARRANTY PERIOD
GENERAL CONDITIONS 01 1000 - 11 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
The Contractor guarantees the quality and workmanship of the Work beginning on the date of Final Acceptance. The Warranty Period shall be one year, and the Warranty Period for road work shall be the period established by the Virginia Department of Transportation's latest requirements. 55. NOTIFICATION TO PROPERTY OWNERS Contractor shall properly notify all property owners two (2) weeks prior to the start of any construction (including land clearing). Contractor shall provide the County with a draft Notification Letter for review and approval prior to its distribution to the property owners.
56. DRUG FREE WORKPLACE During the performance of this contract, the contractor agrees to:
A. Provide a drug-free workplace for the contractor’s employees
B. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.
C. State in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace.
D. Include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means as site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.
57. UNBALANCED BIDS The County reserves the right to negotiate unbalanced unit prices with the lowest bidder prior to award and to award to the next low bidder if a reasonable fee is not achieved.
58. ENVIRONMENTAL MANAGEMENT PROCEDURES The Contractor shall comply with all federal, state and local environmental laws and regulations and any additional requirements that may be included in or attached to the solicitation. For work done for the County, the Contractor must also meet all Alleghany County environmental requirements. For questions or additional information regarding environmental requirements for the County, please contact the Director of Public Works.
59. FAITH-BASED ORGANIZATIONS Alleghany County does not discriminate against faith-based organizations in accordance with the Code of Virginia, Section 2.2-4343.1.
60. PROCEDURES FOR CLAIMS AND DISPUTES A claim is a demand or assertion by the Contractor seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. Claims must be initiated by written notice. The responsibility to substantiate claims shall rest with the Contractor.
Contractual claims by the Contractor to Owner, whether for money or other relief, shall be submitted in writing together with all supporting documentation to the Owner and the Engineer no later than ten (10) calendar days after the occurrence of the event giving rise to the claim; however, written notice of the Contractor's intention to file such claim shall have been given to the Owner and the Engineer no later than within five (5) calendar days of the initial occurrence of the event upon which the claim is based. In reviewing the claim, the Owner may request any additional information or documentation from the Contractor or other parties and may utilize appropriate assistance from other sources. Any final decision in writing by the Owner may be issued to the Contractor within sixty (60) calendar days from the later of: (i) receipt of the written claim; or (ii) receipt of any additional information requested from the Contractor. Owner’s failure to issue a final decision shall constitute denial of the claim. Submittal of a claim by the Contractor within the time limits prescribed by this paragraph shall be required as a condition precedent to the institution of litigation by the Contractor with respect to the subject matter of that claim.
GENERAL CONDITIONS 01 1000 - 12 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
61. PROGRESS MEETINGS Contractor shall hold a progress meeting at a time, date and frequency set forth in the pre-construction meeting to review progress to date and resolve all questions for the upcoming progress meeting. Engineer is responsible for the preparation of the progress meeting agenda and minutes. Engineer will forward progress meeting agenda to the Contractor for any additions to agenda.
62. CONTRACTOR BACKGROUND CHECKS In order to preserve the integrity and security of county government operations, contract workers may be required to undergo a criminal background check conducted by Alleghany County. The County will conduct these checks for any worker it believes will have unsupervised access to County designated Security Sensitive areas. Contract workers providing goods, services or construction in these designated areas are required to confine themselves to the area of the work. Based on the results of the background check, the contract worker may be disqualified from providing work/services for Alleghany County.
63. VENDOR REWARDS/GIFT PROGRAMS It is the policy of the County not to participate in any rewards programs offered by vendors and not to accept any gifts or gift cards, or other rewards from vendors for purchases made by the County. If you customarily provide, or if you plan to provide, rewards programs, gifts or gift cards, or other rewards to your customers for purchases made by such customers, you must identify this fact in your bid and demonstrate in the bid how you have applied the value of such rewards to a reduction in the price of the goods and/or services being offered to the County.
64. ILLEGAL ALIENS In compliance with SECTION 2.2-4311.1 of the CODE OF VIRGINIA, the Contractor agrees that he does not, and shall not during the performance of this contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.
65. CONTRACTOR’S AUTHORIZATION TO TRANSACT BUSINESS In accordance with §2.2-4311.2 of the Code of Virginia, any bidder organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law. Any bidder organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its bid the identification number issued to it by the State Corporation Commission. Any bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law, shall include in its bid a statement describing why the bidder is not required to be so authorized. This information shall be provided on the Bid Form where noted. Failure to provide the required information may result in the rejection of the bid. The Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or cancelled at any time during the term of the contract. The County may void any contract with a Contractor if the Contractor fails to remain in compliance with the provisions of this section.
GENERAL CONDITIONS 01 1000 - 13 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 1005 – AGREEMENT
THIS AGREEMENT, made this ____ day of ______, 2019, by and between the County of Alleghany, Virginia, hereinafter called "OWNER" and doing business as (an Individual) or (a Partnership) or (a Corporation) hereinafter called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The CONTRACTOR shall commence and complete construction of the Rosedale Sanitary Sewer Replacement Project.
2. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein.
3. The CONTRACTOR shall commence the work required by the CONTRACT DOCUMENTS within Ten (10) calendar days after the date of the NOTICE TO PROCEED. Work shall be substantially complete within 210 calendar days unless the period for completion is extended otherwise by the CONTRACTOR DOCUMENTS. Work shall be finally complete and ready for final payment within 240 calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS.
4. Liquidated Damages: The OWNER shall assess $500.00 per day for each day the CONTRACTOR fails to substantially complete the project beyond the Substantial Completion date provided in the Agreement. The CONTRACTOR acknowledges that the actual damages likely to result from breach of this Agreement are difficult to estimate on the date of this agreement and would be difficult for FeedMore to prove. The parties intend that the CONTRACTOR’S payment of the Liquidated Damages Amount would serve to compensate OWNER for any breach by the CONTRACTOR R of its obligations, and does not intend for it to serve as punishment for any such breach by the CONTRACTOR.
5. The CONTRACTOR shall perform all of the WORK described in the CONTRACT DOCUMENTS and shall comply with the terms therein for the sum of $______or as shown in the BID schedule.
6. The term "CONTRACT DOCUMENTS" means and includes the following: B. Instructions to BIDDERS C. BID FORM D. Agreement E. General Conditions F. Labor and Material Payment BOND G. Performance BOND H. Notice to Award I. Notice to Proceed J. Change Order K. DRAWINGS prepared by Sekiv Solutions L. SPECIFICATIONS prepared or issued by Sekiv Solutions M. Virginia Clean Water Revolving Loan Fund 2016 Contract Inserts N. ADDENDA: No. ______,dated ,______, 2019. No. ______,dated ,______, 2019. No. ______,dated ,______, 2019.
7. The OWNER shall pay the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.
8. The undersigned Contractor shall indemnify and hold the County of Alleghany, Virginia (the "County"), and its officers, agents, and employees harmless from and against all claims, damages, losses and expenses including attorneys fees arising out of or resulting from the performance or nonperformance of the work, including but not limited to any such claim, damage, loss or expense, that is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, or to economic
AGREEMENT 01 1005 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
loss; provided, however, that the Contractor's indemnification obligation under this agreement shall be limited to claims, damages, losses, and expenses caused in whole or in part by any act or omission of the Contractor, or any Subcontractor, Sub-subcontractor, Vendor, or Consultant of the Contractor who is performing work required to be performed by the Contractor under the Contractor, or providing advice or services to the contractor regarding such work.
The Contractor's indemnification obligation hereunder with respect to any and all claims against the County or any of its officers, agents or employees, by any employee or statutory employee of the Contractor, or of any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts the Contractor or Subcontractor may be liable, 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 Worker's Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts.
The Contractor's indemnification obligation hereunder shall not extend to the liability of the Engineer, his agent or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Engineer, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. The Contractor's indemnification obligation contained in this paragraph are in addition to any other indemnification obligation of the Contractor set forth within the Contract Documents.
9. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
10. During the performance of this Contract, the Contractor agrees as follows:
A. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
B. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.
C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
The Contractor shall include the provisions of the foregoing paragraphs A, B, and C in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
CONTRACTOR ALLEGHANY COUNTY
BY ______BY ______(Signature) (Signature)
NAME ______NAME ______(Typed or Printed) (Typed or Printed)
TITLE ______TITLE ______ADDRESS ______
(SEAL) (SEAL)
AGREEMENT 01 1005 - 2 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 1010 – BONDS
A Labor and Material Payment Bond and a Performance Bond, each in the amount of 100% of the Contract Price, including additions or deductions, with a corporate surety authorized to do business in the State of Virginia, on forms and of companies that are acceptable to the County’s Attorney will be required for the faithful performance of the Contract. The Bonds shall be on the forms included in these Specifications.
The Contractor shall show satisfactory evidence of compliance with all bond requirements before entering into any agreement to sublet any of the work to be done under this Contract. The bonds shall protect the Owner from claims from persons or firms performing labor or furnishing materials and from claims for damages, claims, losses or other expenses to the Owner, including any attorney's fees, arising from failure of the Contractor to perform the Contract, or to correct defective materials or workmanship. Such bonds shall remain in force for a period of at least twelve months after the completion and final acceptance of the project by the Owner. Executed copies of the Labor and Material Payment and Performance Bonds shall be bound with, and become a part of, all copies of the Contract. Prior to the issuance of any bond required by this Contract, the Contractor or Subcontractor shown as principal on the bond shall furnish the insurance company issuing the bond with a copy of the Contract.
Attorneys-in-fact who sign Labor and Material Payment Bonds and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney. Each Labor and Material Payment Bond and each Performance Bond and the accompanying power of attorney should bear the same date as the date of the Contract.
The party to whom the Contract is awarded will be required to execute the Contract and obtain the Labor and Material Payment Bond and the Performance bond within ten calendar days from the date when the Notice of Award together with the Contract is delivered to the Bidder for execution. In case of the failure of the Bidder to execute the Contract within the prescribed time, the Owner may, at his option consider the Bidder in default, and award the contract to another bidder.
BONDS 01 1010 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 1015 – PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
______(Insert full name or legal title and address of Contractor) as Principal (hereinafter referred to as “Contractor”), and
______(Insert full name or legal title and address of Surety) as Surety (hereinafter referred to as “Surety”) a corporation duly organized under the laws of the State of ______and legally authorized to do business in the Commonwealth of Virginia, are held and firmly bound unto ALLEGHANY COUNTY, VIRGINIA, as Obligee (hereinafter referred to as “County”), in the amount of ______DOLLARS ($ ______), (Insert full dollar value of construction contract) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein.
WHEREAS, Contractor has entered into a contract with County, dated ______, as the successful bidder for the Rosedale Sanitary Sewer Replacement Project (“Project”), in accordance with all contract documents for such Project, including, without limitation and as may be applicable, the Invitation to Bid, Instructions to Bidders, General Conditions, completed Bid Forms, Specifications, Plans and Drawings, if any, and the completed contract form, as well as all other covenants, agreements, and obligations to be performed or paid by Contractor, which documents are referred to collectively as the “Contract” and are expressly incorporated herein by reference and made a part of this bond.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Contractor shall promptly, faithfully, and fully perform the terms, conditions, and provisions of the Contract, in strict conformity with each and every requirement thereof, as determined by County, then this obligation shall be null and void; otherwise this obligation and provisions of this bond shall remain in full force and effect as stated herein.
If the Contractor shall default, breach, or fail to promptly, faithfully, and fully perform any of the terms, conditions or provisions of the Contract, in strict conformity with each and every requirement thereof, as determined by County, Surety shall complete or provide for the completion of the Contract, subject to the approval of the County, in accordance with its terms and conditions, and Surety hereby agrees to defend, indemnify, and hold County harmless from and against any and all liability, loss, cost, damage or expense, including reasonable attorney’s fees and/or the cost of any other professional services which County may incur or which may result from or be imposed upon County by reason of any default, breach, or failure of Contractor and/or its agents, servants, subcontractors or employees to so perform the Contract, and Surety shall pay and/or repay and reimburse the County promptly upon demand for any and all sums due to, paid out, or expended by or on behalf of County on account of or resulting from such default, breach, or failure to so perform any of the terms or conditions of the Contract within the time and in the manner therein provided, including, without limitation, any maintenance, warranty, or guarantee obligations in the Contract.
Any alteration, amendment, modification, omission, addition, extension, or forbearance which may be made in or to the terms of the Contract, including, without limitation, the amount to be paid or the
PERFORMANCE BOND 01 1015 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA obligations to be performed under it, or the giving by the County of any extension of time for the performance of the Contract or any other forbearance of any nature whatsoever on the part of either the County or the Contractor to the other shall not in any way affect or release the Contractor and the Surety, or either of them, their heirs, executors, administrators, successors or assigns with regard to their obligations and liability hereunder. Notice of any such alteration, amendment, modification, omission, addition, extension, or forbearance is hereby expressly waived by Surety. Any delay, omission, or failure by County to call upon the Surety in any instance shall not release the Surety from any obligation hereunder.
This Performance Bond shall be valid and continue in full force and effect and shall not be canceled or expire or be deemed to be canceled or have expired until all of Contractor’s obligations under the Contract have been promptly, faithfully, and fully completed, as determined by County, including, without limitation, any maintenance, warranty, and guarantee obligations, as determined by County.
The obligations evidenced herein shall constitute the joint and several obligations of the Contractor, the Surety, and their respective heirs, executors, administrators, successors and assigns.
Any suit or action hereunder shall be brought in a Virginia court of competent jurisdiction in and for Alleghany County, Virginia, or in the United States District Court for the Western District of Virginia, Roanoke Division, and not elsewhere.
The provisions of this bond shall be governed by and are intended to be consistent with the laws of the Commonwealth of Virginia. In light of this express choice of law provision, Virginia law for determining governing law shall not apply to the provisions of this bond. The Contractor, for itself and its successors and assigns, and the Surety, for itself and its successors and assigns, do hereby expressly waive any objection that might be interposed as to the right of the County to require a bond containing the provisions contained herein, and they do hereby further expressly waive any defense which they or either of them might interpose to any action brought hereon upon the ground that there is no law authorizing the County to require the provisions herein.
Wherever possible, each provision of this bond shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this bond is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and all remaining provisions of this bond shall remain operative and binding on the parties.
This bond shall be construed and interpreted without regard to the identity of the party which drafted its various provisions. Every provision of this bond shall be construed as if all parties participated equally in the drafting of that provision. Any legal principle or rule of construction that a document is to be construed or interpreted against the drafting party shall not be applicable in any legal or other proceeding involving the provisions of this bond, and such principle or rule is expressly waived by the parties to this bond.
Each party to this bond represents and covenants that the individual executing this bond on its behalf has full, unconditional authority to execute this bond and that, upon the signing of the bond by the authorized individual for each party, this bond shall become binding upon all parties
SIGNATURES ON NEXT PAGE
PERFORMANCE BOND 01 1015 - 2 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SIGNED and SEALED this ______day of ______, 2019, in the presence of:
______Contractor
WITNESS: By: ______(Seal)
______(Type Name and Title)
______Surety
WITNESS: By: ______(Seal) Attorney-In-Fact
______(Type Name and Title)
(SURETY: Affix seal and attach current power of attorney)
NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.
IMPORTANT: 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.
PERFORMANCE BOND 01 1015 - 3 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 1020 – LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
______(Insert full name or legal title and address of Contractor) as Principal (hereinafter referred to as “Contractor”), and
______(Insert full name or legal title and address of Surety) as Surety (hereinafter referred to as “Surety”) a corporation duly organized under the laws of the State of ______and legally authorized to do business in the Commonwealth of Virginia, are held and firmly bound unto ALLEGHANY COUNTY, VIRGINIA, as Obligee (hereinafter referred to as “County”), in the amount of ______DOLLARS ($ ______), (Insert full dollar value of construction contract) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein.
WHEREAS, Contractor has entered into a contract with County dated ______for the Rosedale Sanitary Sewer Replacement Project (“Project”), in accordance with all contract documents for such Project, including, without limitation and as may be applicable, the Advertisement, Invitation to Bid, Instructions to Bidders, General Conditions, Supplementary Conditions, completed Bid Forms, Specifications, Plans and Drawings, if any, and the completed contract form, as well as all other covenants, agreements, and obligations to be performed or paid by Contractor, which documents are referred to collectively as the “Contract” and are expressly incorporated herein by reference and made a part of this bond.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Contractor shall promptly pay or cause to be paid all persons and entities for all labor and materials furnished or supplied in furtherance of the Project and provided for in the Contract, as determined by County, then this obligation shall be null and void; otherwise, this obligation and all provisions of this bond shall remain in full force and effect as stated herein.
If Contractor shall fail to promptly pay or cause to be paid all persons and entities for all labor and materials furnished or supplied in furtherance of the Project and provided for in the Contract, as determined by County, Surety shall defend, indemnify, and hold County harmless from and against any and all liability, loss, cost, damage, or expense, including reasonable attorney’s fees, which County may incur or which may result from or be imposed upon County by reason of such failure.
LABOR AND MATERIAL PAYMENT BOND 01 1020 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
Any alteration, amendment, modification, omission, addition, extension, or forbearance which may be made in or to the terms of the Contract, including, without limitation, the amount to be paid or the obligations to be performed under it, or the giving by the County of any extension of time for the performance of the Contract or any other forbearance of any nature whatsoever on the part of either the County or the Contractor to the other shall not in any way affect or release the Contractor and/or the Surety, or their heirs, executors, administrators, successors or assigns with regard to their obligations and liability hereunder. Notice of any such alteration, amendment, modification, omission, addition, extension, or forbearance is hereby expressly waived by Surety. Any delay, omission, or failure by County to call upon the Surety in any instance shall not release the Surety from any obligation hereunder.
Surety and Contractor hereby jointly and severally agree that this bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials, or both, to the Contractor or to any subcontractors, in furtherance of the work provided for in the Contract and shall be conditioned upon the prompt payment for all materials furnished or labor supplied or performed in furtherance of the work. “Labor and materials” hereunder shall include, without limitation, public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the Project site.
Any claimant who has a direct contractual relationship with the Contractor and who has performed labor or furnished material in accordance with the Contract in furtherance of the work provided in the Contract for which this bond has been given, and who has not been paid in full before the expiration of 90 days after the day on which the claimant performed the last of the labor or furnished the last of the materials for which it claims payment, may bring an action on this bond to recover any amount due it for the labor or material. The obligee named in the bond need not be named a party to the action.
Any claimant who has a direct contractual relationship with any subcontractor but who has no contractual relationship, express or implied, with the Contractor, may bring an action on this bond only if it has given written notice to the Contractor within 90 days from the day on which the claimant performed the last of the labor or furnished the last of the materials for which it claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished. Notice to the Contractor shall be served by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place where its office is regularly maintained for the transaction of business. Claims for sums withheld as retainages with respect to labor performed or materials furnished, shall not be subject to the time limitations stated in this subsection.
Any action on this bond shall be brought within one year after the day on which the person bringing such action last performed labor or last furnished or supplied materials.
The parties intend that the provisions hereof describing who is entitled to bring an action as a claimant on this bond shall be consistent with sections 2.2-4337.A.2 and 2.2-4341 of the Virginia
LABOR AND MATERIAL PAYMENT BOND 01 1020 - 2 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
Public Procurement Act, Code of Virginia (1950), as amended (“Act”). To the extent any provision hereof describing who is entitled to bring an action as claimant on this bond is not consistent with any provision of sections 2.2-4337.A.2 and\or 2.2-4341, the provision(s) of those sections of the Act, as amended, shall govern and control.
Any suit or action hereunder shall be brought in a Virginia court of competent jurisdiction in and for the County of Alleghany, Virginia or in the United States District Court for the Western District of Virginia, Roanoke Division, and not elsewhere.
This bond shall continue in full force and effect and shall not be deemed canceled or to have expired unless and until all of Contractor’s obligations to make payments for labor and materials provided, furnished or supplied in furtherance of the Project have been satisfactorily fulfilled, as determined by County, or this bond is otherwise terminated in accordance with its terms or applicable law.
The obligations evidenced herein shall constitute the joint and several obligations of the Contractor, the Surety, and their respective heirs, executors, administrators, successors and assigns.
The provisions of this bond shall be governed by and are intended to be consistent with the laws of the Commonwealth of Virginia. In light of this express choice of law provision, Virginia law for determining governing law shall not apply to the provisions of this bond. The Contractor, for itself and its successors and assigns, and the Surety, for itself and its successors and assigns, do hereby expressly waive any objection that might be interposed as to the right of the County to require a bond containing the provisions contained herein, and they do hereby further expressly waive any defense which they or either of them might interpose to any action brought hereon upon the ground that there is no law authorizing the County to require the provisions herein.
Wherever possible, each provision of this bond shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this bond is held illegal or uneforcable in a judicial proceeding, such provision shall be severed and shall be inoperative, and all remaining provisions of this bond shall remain operative and binding on the parties.
This bond shall be construed and interpreted without regard to the identity of the party which drafted its various provisions. Every provision of this bond shall be construed as if all parties participated equally in the drafting of that provision. Any legal principle or rule of construction that a document is to be construed or interpreted against the drafting party shall not be applicable in any legal or other proceeding involving the provisions of this bond, and such principle or rule is expressly waived by the parties to this bond.
Each party to this bond represents and covenants that the individual executing this bond on its behalf has full, unconditional authority to execute this bond and that, upon the signing of the bond by the authorized individual for each party, this bond shall become binding upon all parties
LABOR AND MATERIAL PAYMENT BOND 01 1020 - 3 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SIGNED and SEALED this ______day of ______, 2019, in the presence of:
______Contractor
WITNESS: By: ______(Seal)
______(Type Name and Title)
______Surety
WITNESS: By: ______(Seal) Attorney-In-Fact
______(Type Name and Title)
(SURETY: Affix seal and attach current power of attorney)
NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.
IMPORTANT: 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.
LABOR AND MATERIAL PAYMENT BOND 01 1020 - 4 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 1022 – NOTICE TO PROCEED
NOTICE TO PROCEED
DATE: ______, 2019
TO: ______(Contractor)
ADDRESS: ______
PROJECT: Rosedale Sanitary Sewer Replacement Project
OWNER’S CONTRACT NO. ______
CONTRACT FOR: ______
You are hereby notified that the terms of the agreement for the above contract will commence on ______, 2019. By this date, you are to begin performing your obligations under the Contract Documents.
Before you may start any Work on the site, the Contractor and the Owner must each deliver to the other (with copies to the ENGINEER and Alleghany County) certificates of insurance which each is required to be purchase and maintain in accordance with the Contract Documents.
Also before you may start any Work at the site, you must (add other requirements) ______
______
By: ______Alleghany County
______(Authorized Signature)
NOTICE TO PROCEED 01 1022 -1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 1024 – APPLICATION FOR PAYMENT (SAMPLE)
APPLICATION FOR PAYMENT (SAMPLE) 01 1024 -1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 1025 – CHANGE ORDER
PROJECT NUMBER: ______PURCHASE ORDER NUMBER: ______NAME OF PROJECT: ______OWNER: Alleghany County CONTRACTOR: ______------The following changes are hereby made to the CONTRACT DOCUMENTS:
DESCRIPTION OF CHANGES: ______JUSTIFICATION: ______CHANGE TO CONTRACT PRICE: Decrease /Increase in Contract Price in Contract Price TOTALS NET CHANGE IN CONTRACT PRICE $ • Original Contract Price: $ ______• Previously Approved Change Orders: $ ______• Current Adjusted Contract Price: $ ______• The contract price due to this Change Order will be (Increased) / (Decreased) by: $ ______• The new adjusted contract price including this Change Order: $ ______------CHANGE TO CONTRACT TIME: (Must be completed with all change orders even when no change in Contract Time is made.)
• Original Contract Time Days: • Previously Approved Change Orders Days: • Current Adjusted Contract Time Days: • The contract time due to this Change Order will be (Increased), (Decreased) (Unchanged) by Days: • The new adjusted contract time including this Change Order will be Days: ------
This document will become a supplement to the Contract and all provisions will apply hereto.
• Requested by: ______Contractor Date
• Recommended by: ______Engineer Date
• Accepted by: ______Project Manager Date
• Approved by: ______County Administrator Date
CHANGE ORDER 01 1025 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 1100 – CERTIFICATE OF SUBSTANTIAL COMPLETION
Project Principals Contract Information Owner: Contract Name and Number:
Engineer: Alleghany County Project Number:
Contractor: Project Location:
This document certifies that all work performed under the specifics of the above-identified contract, has been inspected by authorized representatives of the Owner, Contractor and Engineer/Architect and has been adjudged to be substantially complete as of ______(date).
A contract shall be accepted as substantially complete on the date when all construction is sufficiently completed, in accordance with the contract documents, as modified by any change orders agreed to by the parties, so that the Owner can occupy or utilize the project, or portion thereof, for which the contract was executed and intended.
Engineer Certification A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item does not alter the responsibility of the Contractor to complete all work in accordance with contract documents.
______Engineering Firm Authorized Representative Date
Contractor Certification
The Contractor accepts this Certificate of Substantial Completion and agrees to complete and correct the items on the attached list within the time indicated.
______Contractor Authorized Representative Date
Owner Certification
The owner accepts the project identified above as substantially complete and will assume full possession of the project as of ______(date). The responsibilities for utilities, security and insurance under the contract documents shall, as necessary, be as set forth in writing as an attachment to this document.
______Owner Authorized Representative Date
CERTIFICATE OF SUBSTANTIAL COMPLETION 01 1100 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 1500 VCWRLF CONTRACT INSERT
VIRGINIA CLEAN WATER REVOLVING LOAN FUND CONTRACT INSERT
01 1500 VCWRLF Contract Insert 01 1500 - 1 VIRGINIA CLEAN WATER REVOLVING LOAN FUND 2016 CONTRACT INSERT
The following document is to be inserted "verbatim" in all construction contracts funded by the Virginia Clean Water Revolving Loan Fund. The contract insert contains ten subparts and nine attachments as follows:
1. Subpart A - containing the Federal/State Nondiscrimination Provisions for Equal Employment Opportunities applicable to all construction and service contracts.
2. Subpart B - containing the notice to the prime contractor relative to certification on nonsegregational facilities.
3. Subpart C - setting forth the affirmative action requirements for the contractors and subcontractors for work involving any construction trade in excess of $10,000.
4. Subpart D - containing the Civil Rights Act of 1964.
5. Subpart E - setting forth requirements of Age Discrimination of 1975, Rehabilitation Act of 1973, and Section 13 of PL 92-500, the Federal Water Pollution Control Act.
6. Subpart F - setting forth requirements under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act for contracts and subcontracts in excess of $100,000.
7. Subpart G - procurement of goods and materials from Small Businesses in Rural Areas of the Commonwealth of Virginia wherever practical and feasible.
8. Subpart H – provides that a contractor maintains a drug-free workplace or subcontractor during the performance of contract duties for any wastewater revolving loan-assisted project.
9. Subpart I – requirements of Davis-Bacon Act for contracts and subcontracts in excess of $2,000, and the Contract Work Hours and Safety Standards Act (OSHA) for contracts and subcontracts in excess of $100,000.
10. Subpart J – setting forth requirements to only allow “American Iron and Steel” products to be used on projects funded by the Virginia Clean Water Revolving Loan Fund.
Attachment No. 1 – Instructions to Bidders/Offerers
Attachment No. 2 - Certification regarding EEO compliance
Attachment No. 3 - MBE/WBE Utilization Report
Attachment No. 4 - Wage Determination(s)
Attachment No. 5 – Davis-Bacon Payroll Certification – WHD 347
Attachment No. 6 – American Iron and Steel Initial Certification Statement
Attachment No. 7 - American Iron and Steel Waiver Request
Attachment No. 8 – American Iron and Steel Waiver Request Review Checklist
Attachment No. 9 – American Iron and Steel Final Certification Statement VIRGINIA CLEAN WATER REVOLVING LOAN FUND – 2016 CONTRACT INSERTS
SUBPART A
EQUAL EMPLOYMENT OPPORTUNITY
1. Executive Order 11246 (Contracts/subcontracts above $10,000)
(a) During the performance of this contract, the contractor and all subcontractors agree as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or the other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractors' noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.
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SUBPART B NOTICE TO PRIME CONTRACTOR OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES
Bidders and offerors are cautioned as follows: By signing this bid or offer, the bidder or offeror will be deemed to have signed and agreed to the provisions of the "Certification of Nonsegregated Facilities" in this solicitation. The certification provides that the bidder or offeror does not maintain or provide for his employees facilities which are segregated on a basis of race, creed, color, or national origin, whether such facilities are segregated by directive or on a de factor basis. The certification also provides that he will not maintain such segregated facilities.
SUBPART C CONSTRUCTION CONTRACTORS AFFIRMATIVE ACTION REQUIREMENTS
1. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the affirmative action goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
2. The applicable Minority Business Enterprise (MBE)/Women’s Business Enterprise (WBE) “fair share” goals and dollar objectives are established as follows: MBE% WBE% Construction 7.4 4.8 Equipment 5.0 3.2 Services 7.7 3.6 Supplies 1.6 2.5 3. The MBE/WBE goals set forth in this contract are shown in #2 above. The Contractor shall make every reasonable attempt to achieve the goals as stated. When so notified by the owner, the apparent low bidder shall provide a listing of MBE's and WBE's he proposes to use on this project. Should the bidder fail to meet the aforementioned objectives he shall provide complete documentation which demonstrates the positive efforts made. Failure to satisfy this requirement to the satisfaction of the owner shall constitute a nonresponsible bid and shall be cause for the owner to reject the bid.
4. The contractor shall implement the specific affirmative action steps as provided in Section B included in the Instruction to Bidders/Offerers section of these specifications.
5. The Contractor and all Subcontractors must maintain documentation and records of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. Within 21 days of determination of the apparent low bidder, the contractor must furnish to the owner all pertinent documentation, which evidences or documents a good faith effort in MBE/WBE solicitation and projected utilization. Failure to comply with the submission of appropriate MBE/WBE documentation may result in the determination of a bidder as nonresponsible and shall cause the bid to be rejected.
6. Immediately following the award of contracts and continuing through the construction stage, all records of MBE/WBE utilization shall be maintained and reported in accordance with the Virginia Clean Water Revolving Loan Fund MBE/ WBE Utilization Reporting Form. A MBE/WBE Utilization Reporting Form shall be completed and submitted to the owner on a calendar year quarterly basis during the construction period.
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SUBPART D
CIVIL RIGHTS ACT OF 1964
The Contractor and any subcontractors shall not, on the grounds of race, color, or national origin, or sex, exclude from participation in, deny the benefits of, or subject to discrimination, any person under any program or activity receiving federal financial assistance.
SUBPART E
SECTION 13 of PL 92-500; UNDER THE FEDERAL WATER POLLUTION CONTROL ACT; REHABILITATION ACT OF 1973; PL 93-112, AND AGE DISCRIMINATION ACT OF 1975
The Contractor and any subcontractors shall not on the grounds of race, color, national origin, or sex, exclude from participation in, deny the benefits of, or subject to discrimination any person under any program or activity funded in whole or in part with Federal funds. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity.
SUBPART F
COMPLIANCE WITH SECTION 306 OF THE CLEAN AIR ACT AND SECTION 508 OF THE CLEAN WATER ACT (CONTRACTS AND SUBCONTRACTS IN EXCESS OF $100,000)
The Contractor agrees that:
1. Any facility to be utilized in the performance of this contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20.
2. The Contractor and Subcontractors will comply with all requirements of Section 306 of the Clean Air Act, as amended, and Section 508 of the Clean Water Act, as amended, and all regulations and guidelines issued thereunder.
3. The Contractor will promptly notify the loan recipient and Department of Environmental Quality of any notification received from the Director of the Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities.
SUBPART G
UTILIZATION OF SMALL BUSINESSES IN RURAL AREAS The contractor and its subcontractors shall maintain a small business solicitation list and make appropriate attempts to procure needed equipment, supplies, and material from small businesses in rural areas of the Commonwealth of Virginia whenever they are a practical source for solicitation.
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SUBPART H
TITLE 2.2, SECTION 2.2-4312, to CHAPTER 43 RELATING TO THE PROCUREMENT PRACTICES OF ALL PUBLIC BODIES (DRUG-FREE WORKPLACE)
For every contract over $10,000, the contractor must maintain a drug-free workplace. During the performance of this contract, the contractor agrees to (I) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.
SUBPART I
COMPLIANCE WITH DAVIS-BACON ACT PAYROLL REVIEW
The contractor and its subcontractors shall comply with provisions of the Davis-Bacon Act and Related Acts. Federal minimum wage laws are applicable to all construction contracts in excess of $2,000. The Davis-Bacon Act stipulates that all laborers and mechanics employed by the contractor or subcontractors on federally assisted projects shall be paid wages at rates not less than those prevailing on similar construction in the area as determined by the Secretary of Labor. The contractor and its subcontractors shall comply with provisions of the Contract Work Hours and Safety Standards Act generally applicable to any contracts in excess of $100,000. Wage rates specified in the applicable wage determination (Attachment 4) for this construction trade and geographic area are required as part of this contract. The wage determination(s) must be posted at the site of the work in a prominent and accessible place. The contractor will also post the Department of Labor poster “Employee Rights under the Davis-Bacon Act” (www.wagehours.dol.gov). The contractor or subcontractor shall insert in any subcontract the clauses included in 29 CFR 5.5 (a) (1) through (12) (Contract Provisions and Related Matters) including the applicable wage rates, and a clause requiring the subcontractor include these clauses in any lower tier subcontract. The prime contactor will be responsible for compliance by any subcontractor or lower tier subcontractor with all contract clauses in 29 CFR 5.5 (see Department of Labor website or a Federal regulations website). By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm which has an interest in the contractor’s firm is disbarred or suspended from bidding or working on a federally funded project. No part of this contract will be subcontracted to any person or firm who has been debarred or suspended from bidding or working on a federally funded project. Any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage decision if possible. Additional classifications shall be requested from the Department of Labor as specified in 29 CFR 5.5 or as amended (see Department of Labor Website for forms and instructions). Upon issuance of an additional classification, the new wage rate including fringe benefits where appropriate shall be paid to all workers performing the work in the additional classification from the first day on which work is performed in the classification. The Department of Labor shall approve an additional classification and wage rate
Inserts Page 5 VIRGINIA CLEAN WATER REVOLVING LOAN FUND – 2016 CONTRACT INSERTS and fringe benefits only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry: and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
1) Payroll(s)
All mechanics and laborers employed upon the site of the work will be paid unconditionally and not less than once a week without subsequent deduction or rebate on any account the full amounts of wages and bona fide fringe benefits or cash equivalents thereof except as provided for by Department of Labor regulations issued in accordance with provisions of the Copeland Act. The payment shall be computed at wage rates not less than those contained in the “wage determination” included in these specifications regardless of any contractual relationship alleged to exist between the contractor or its subcontractors and such laborers and mechanics. Each contractor and subcontractor shall furnish each week, in which any contract work is performed, to the loan recipient (owner) a payroll of wages paid to each of its employees engaged on work during the preceding weekly payroll period. The payroll submitted shall set out accurately and completely all of the information required to be maintained in the Records section below. Each payroll* submitted shall be accompanied by a Statement of Compliance* signed by the contractor or subcontractor or his/her agent who pays and supervises the payment of persons employed under the contract and shall certify the following: 1) that the payroll for the payroll period contains the information noted above and that such information is true and complete, 2) that such laborer or mechanic employed on the contract during the payroll period has been paid the full weekly wage earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in federal regulation(s), and 3) that each laborer or mechanic has been paid not less than the applicable wage rate and fringe benefits or cash equivalent for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
*DOL WHD Form 347 (Attachment No. 5) is included as an example payroll and certification statement
Laborers and mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the actual time worked therein, provided, that the employee’s payroll records accurately set forth the time spent in each classification in which work is performed. Whenever the minimum rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination classification or pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the contractor does not make payment to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Contributions made or cost reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions above as well as regular contributions made or costs incurred for more than a weekly period (but not less than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
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2) Records
Payrolls and basic records shall be maintained by the contractor and each subcontractor for a period covering three years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. Payrolls will include the name; his or her correct classification; hourly rates paid as wages paid including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b) (2) (B) of the Davis-Bacon Act; daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a) (1) (iv) that wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b) (2) (B) of the Davis-Bacon Act, the contractor shall maintain records which show the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and records show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
3) Penalties and Withholding
Falsification of a payroll certification may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and section 231 of Title 31 of the United States code. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or delegated agent may after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guaranteed of funds. The contractor or subcontractor shall make the payroll records required available for inspection, copying, or transcription by authorized representatives of the owner, DEQ, EPA, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. Failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CR 5.12. A breach of the these contract clauses or the clauses continued in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. The governing body, shall upon its own actions or upon written request of an authorized representative of the Department of Labor withhold from the contractor under this contract or any other federal contract with the same prime contractor, or any other contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics including apprentices, trainees, and helpers employed by the contractor and subcontractor, the full amount of wages required by the contract. In the event of failure to pay any laborer or a mechanic including any apprentice, trainee, or helper, employed or working on the site of the work all or part of the wages required by the contract, the State or the Department of Labor may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guaranteed of funds.
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SUBPART J
AMERICAN IRON AND STEEL REQUIREMENTS
Use of iron and steel products that are produced in the United States (US) is required for this construction. The prime contractor must provide documentation that all iron and steel products which are permanently incorporated as part of the project meet the specification of American Iron and Steel (AIS) per the definitions contained in section “1” below. Production in the US of the iron or steel products requires that all manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel additives. The prime contractor must certify, section “2” below, that the contractor understands all iron and steel products permanently incorporated as part of the project must satisfy AIS requirements except those waivered by EPA (Attachment 6), section “3”, or those included as De Minimis components, section “4”. The prime contractor must submit to the owner AIS certifications for individual components supplied or installed by the prime contractor as well as components supplied or installed by all subcontractors, section “5”. The contractor must include the AIS requirements in any subcontract or purchase agreement made by the prime contractor (Attachment 6) and require subcontractors or suppliers of AIS products to also require their subcontractors or suppliers to include AIS requirements in any subcontracts or purchase agreements they enter into. The owner may refuse payment on any AIS component for which a satisfactory AIS certification has not been submitted.
1. Definition of American Iron and Steel
Iron or steel products mean the following products made primarily (greater than 50% measured by material cost) of iron or steel that are permanently incorporated into the project and are listed below, paragraphs a-d. Products not listed below do not have to satisfy the AIS requirement. In addition, iron and steel products used on the construction site temporarily (for example, trench boxes, scaffolding, or equipment used on site which will be removed before completion of the project) are not subject to the AIS requirements.
a. Lined or unlined pipes or fittings, manhole covers, hydrants, tanks, flanges, pipe clamps and restraints, valves, and reinforced precast concrete. Rebar and wire in reinforced precast products must be produced in the US and the casting of the concrete product must take place in the US. Cement and other raw materials used in production of reinforced precast concrete products do not have to be of domestic origin.
b. Municipal castings are cast iron or steel infrastructure products that are melted and cast. They typically provide access, protection, or housing for components incorporated into utility owned drinking water, storm water, wastewater, and surface infrastructure. They are typically made of grey or ductile iron, or steel. Examples of municipal castings are: access hatches, ballast screen, benches (iron or steel), bollards (excluding any fill material), cast bases, cast iron hinged hatches (square and rectangular), cast iron riser rings, catch basin inlets, cleanout/monument boxes, construction covers and frames, curb and corner guards, curb openings, detectable warning plates, downspout shoes (boot and inlet), drainage grates, frames and curb inlets, inlets, junction boxes, lampposts, manhole covers (rings and frames), risers, meter boxes, service boxes, steel hinged hatches (square and rectangular), steel riser rings, trash receptacles, tree grates, tree guards, trench grates, and valve boxes (covers and risers).
c. Structural steel is rolled flanged shapes, having at least one dimension of their cross-section three inches or greater, which are used in the construction of bridges, buildings, ships, railroad rolling stock, and for numerous other constructional purposes. Such shapes are designated as wide-flange shapes, standard I-beams, channels, angles, tees and zees. Other shapes include H-piles, sheet piling, tie plates, cross ties, and those for other special purposes.
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VIRGINIA CLEAN WATER REVOLVING LOAN FUND – 2016 CONTRACT INSERTS
d. Construction materials are those articles, materials, or supplies made primarily (greater than 50% materials cost) of iron and steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems (discussed below). Some of these products may overlap with what is also considered “structural steel”. This includes, but is not limited to, the following products: wire rod, bar, angles, concrete reinforcing bar, wire, wire cloth, wire rope and cables, tubing, framing, joists, trusses, fasteners (i.e., nuts and bolts), welding rods, decking, grating, railings, stairs, access ramps, fire escapes, ladders, wall panels, dome structures, roofing, ductwork, surface drains, cable hanging systems, manhole steps, fencing and fence tubing, guardrails, doors, and stationary screens.
Mechanical and electrical components, equipment and systems are not considered construction materials and do not have to meet the AIS requirements. Mechanical equipment is typically that which has motorized parts and/or is powered by a motor. Electrical equipment is typically any machine powered by electricity and includes components that are part of the electrical distribution system. The following examples (including appurtenances necessary for their intended use and operation) are NOT considered construction materials and do not have to meet the AIS requirements: pumps, motors, gear reducers, drives (including variable frequency drives (VFDs)), electric/pneumatic/manual accessories used to operate valves (such as electric valve actuators), mixers, gates, motorized screens (such as traveling screens), blowers/aeration equipment, compressors, meters, sensors, controls and switches, supervisory control and data acquisition (SCADA), membrane bioreactor systems, membrane filtration systems, filters, clarifiers and clarifier mechanisms, rakes, grinders, disinfection systems, presses (including belt presses), conveyors, cranes, HVAC (excluding ductwork), water heaters, heat exchangers, generators, cabinetry and housings (such as electrical boxes/enclosures), lighting fixtures, electrical conduit, emergency life systems, metal office furniture, shelving, laboratory equipment, analytical instrumentation, and dewatering equipment.
2. Certification(s)
Within no more than 21 days of determination of the apparent low bidder, the selected contractor must submit to the owner the certification included as Attachment No. 6. At the conclusion of the project the contractor must certify with their final payment request that all iron and steel products permanently incorporated into the project satisfy the AIS requirements and no changes or substitutions to the products for which individual certifications were submitted to the owner have been made (Attachment 9).
3. EPA Waiver
EPA has sole authority to approve waivers to the AIS provisions. The owner may seek a waiver at any point before, during, or after the bid process if one or a combination of the three conditions below are met. The prime contractor may suggest to the owner waivers not listed in the bid document. The owner has sole discretion to decide whether or not to request a suggested waiver. The waiver request(s) must satisfy one of the following conditions and be approved by EPA:
a. Iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; b. Inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent; or c. Applying the requirements of Section 436 would be inconsistent with the public interest.
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The waiver request must include proper and sufficient documentation to support the request. Attachment No. 7 is a sample Waiver Request Form. A “Review Checklist for Waiver Review” is provided as Attachment No. 8 to assist the owner in preparation of a waiver request. The information outlined therein must be included with the waiver request letter. Upon approval of the waiver request, EPA will notify the owner directly.
4. De Minimis Materials
The EPA has granted a nationwide waiver of the AIS requirements for de minimis incidental components of eligible infrastructure projects. For many of these incidental components, the country of manufacture and the availability of alternatives is not always readily or reasonably identifiable prior to procurement in the normal course of business; for other incidental components, the country of manufacture may be known but the miscellaneous character in conjunction with the low cost, individually and (in total) as typically procured in bulk, mark them as properly incidental. Examples of incidental components could include small washers, screws, fasteners (i.e., nuts and bolts), miscellaneous wire, corner bead, ancillary tube, etc. Examples of items that are clearly not incidental include significant process fittings (i.e., tees, elbows, flanges, and brackets), distribution system fittings and valves, force main valves, pipes for sewer collection and/or water distribution, treatment and storage tanks, large structural support structures, etc. Funds used for such de minimis incidental components cumulatively may comprise no more than a total of 5 percent of the total cost of the total materials incorporated into the project; the cost of an individual item may not exceed 1 percent of the total cost of the total materials incorporated into the project. Contractors who wish to use this waiver should determine the costs of all items installed or supplied for the project. The contractor must retain relevant documentation (i.e., invoices) for each of these items in their project files, and must summarize in reports to the owner: the total cost of all materials, the total cost of “incidental” materials, and the calculations by which they determined the percentage of incidental products installed or supplied for the project.
5. Individual Products Certification Documentation
The prime contractor must provide individual certification(s) to the owner for each iron and steel product purchased for incorporation into the project certifying that the product purchased satisfies the AIS requirements. The prime contractor is responsible for gathering all certifications for all products supplied or installed by suppliers and subcontractors, and for submitting these to the owner. As noted above, the contractor must also provide a final certification statement with their final payment request attesting that all American Iron and Steel requirements of this subpart have been met and there have been no changes or substitutions to the products individually certified.
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ATTACHMENT #1
Minority Business and Women's Business Enterprise (MBE/WBE) Requirements of 40 CFR 33.240
Bidder/Offerer Responsibilities
A. Affirmative Steps: Activities during preparation of bids and offers. Bidders/offerers shall take affirmative steps in compliance with the regulations, prior to submission of bids or closing data for receipt of initial offers, to encourage participation in projects by MBE and WBE firms. Such efforts include:
1. Establish and maintain a current solicitation list of minority and female recruitment sources, and assure MBE and WBE firms are solicited once they are identified.
2. When feasible, segmenting total work requirements to permit maximum MBE/WBE participation and establish delivery schedules to encourage MBE/WBE participation.
3. Assuring that MBE and WBE firms are solicited whenever they are potential sources of goods and services. This step may include:
a. Sending letters or making other personal contact with MBE and WBE firms, private agencies and state associations (e.g., whose names appear on lists prepared by EPA or the recipient and other MBE/WBE known to the bidder/offerer). MBE and WBE firms should be contacted when other potential subcontractors are contacted, within reasonable time prior to bid submission or closing date for receipt of initial offers. Those letters or other contacts should communicate the following:
(i) Specific description of the work to be contracted;
(ii) How and where to obtain a copy of plans and specifications or other detailed information needed to prepare a detailed price quotation;
(iii) Date the quotation is due to the bidder/offerer;
(iv) Name, address, and phone number of the person in the bidder/offerer's firm whom the prospective MBE/WBE subcontractor should contact for additional information.
b. Using the services and assistance of the Small Business Administration and the Office of Minority Business Enterprises of the U.S. Department of Commerce.
B. Bidders/offerers must demonstrate compliance with MBE/WBE requirements to be deemed responsible. Demonstration of compliance may include the following information; however, the recipient may specify other methods of demonstrating compliance:
1. Names, addresses and phone numbers of MBE/WBE firms expected to perform work;
2. Work to be performed by the MBE and WBE firms;
3. Aggregate dollar amount of work to be performed by MBE and WBE firms, showing aggregate to MBE’s and aggregate to WBE’s separately; VIRGINIA CLEAN WATER REVOLVING LOAN FUND - 2016 CONTRACT INSERTS
4. Description of contacts to MBE and WBE organizations, agencies and associations which service MBE/WBE firms, including names of organizations, agencies and associations and dates of contacts;
5. Descriptions of contacts to MBE and WBE firms, including number of contacts, fields (i.e., equipment or material supplier, excavators, transport services, electrical subcontractors, plumbers, etc.) and dates of contacts.
C. Successful bidders/offerers should take reasonable affirmative steps to subcontract with MBE and WBE firms whenever additional subcontracting opportunities arise during the performance of the contract. VIRGINIA CLEAN WATER REVOLVING LOAN FUND – 2016 CONTRACT INSERTS
ATTACHMENT #2
BIDDER COMPLIANCE STATEMENT/CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
Applicability: Bid exceeding ten thousand dollars for construction contract/subcontract of unlimited amount and non- construction contract/subcontract of less than one million dollars.
This statement relates to a proposed contract between ______and Public Body or (contractor) subcontract between______and ______to be (subcontractor) (contractor) funded under a federally assisted project. Pursuant to Executive Order 11246 and its implementing regulations at 41 CFR 60- 1.7(b) (1), as the undersigned bidder, I certify that:
1) Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes No
2) Bidder has developed and has on file at each establishment affirmative action programs pursuant to 41 CFR 60-2 (applies only to non-construction contractor). Yes No
3) Bidder has filed with the Joint Reporting Committee, the Director (Office of Federal Contract Compliance Programs, U.S. Department of Labor), and agency, or the Equal Employment Opportunity Commission, all reports due under the applicable filing requirements. Yes No
I understand that if I have failed to file any compliance reports which have been required of me, or have failed to develop and have on file at each establishment affirmative action programs pursuant to 41 CFR 60-2, when required, I am not eligible to have my bid or proposal considered, or to enter into the proposed contact.
I further understand that if awarded the proposed contract, and the contract for the FIRST time brings me under the filing requirements or the written affirmative action programs that I will, as applicable: (a) within 30 days file with the Public Body Standard Form 100 (EEO-1); and (b) within 120 days from the commencement of the contract develop and submit to the Director of OFCCP for approval a Written Affirmative Action Plan.
NAME AND ADDRESS OF BIDDER (Include ZIP Code):
NAME AND TITLE OF SIGNER (Please Type or Print):
SIGNATURE: DATE: VIRGINIA CLEAN WATER REVOLVING LOAN FUND – 2016 CONTRACT INSERTS
ATTACHMENT #3
VIRGINIA CLEAN WATER REVOLVING LOAN FUND
PART I - MBE/WBE UTILIZATION REPORTING
Send completed form to: Department of Environmental Quality Clean Water Financing and Assistance Program P.O. Box 1105, Richmond, Virginia 23218. Reporting contact is Ken Savko; phone number is (804) 698-4141 - [email protected] Fax Number (804) -698-4032
Year 20__
Reporting Quarter: (check one)
1st (Oct.-Dec.) ____ 2nd (Jan.-Mar.) ____ 3rd (Apr.-Jun.) ____ 4th (Jul.-Sept.) ____
Name of Loan Recipient:
VCWRLF Loan Recipient Project No.: C-515 ______
Prime Contractor:
Contract Number:
Date for Start of Construction:
Is the Prime Contractor an MBE or WBE? Yes No
Have you subcontracted with an MBE or WBE firm in this quarter?
Yes No
Please sign and date below.
And, if you answered yes to subcontracting with an MBE or WBE firm please provide information on Part II.
Contractor’s Signature (or Recipient’s signature if prime contractor is MBE\WBE firm)
Date Fax Number Email Address
If an MBE/WBE subcontract is rescinded, please give name of firm, date of rescission and amount of rescission. VIRGINIA CLEAN WATER REVOLVING LOAN FUND – 2016 CONTRACT INSERTS
PART II - MBE/WBE UTILIZATION REPORTING
Project No. C-515 ______Year_____ Quarter
Business Dollar Value Date of Type of Product Name and Address of MBE/WBE Contractor Enterprise of Procurement Award or Service1 or Vendor (mm/dd/yy)
Minority Women
1 Type of product or use service code below:
1=Agriculture 5=Transportation 9=Services 10=Other 2=Mining 6=Wholesale Trade a=Business Services 3=Construction 7=Retail Trade b=Professional Services 4=Manufacturing 8=Finance, Insurance, Real Estate c=Repair Services d=Personal Services VIRGINIA CLEAN WATER REVOLVING LOAN FUND – 2016 CONTRACT INSERTS ATTACHMENT #4 Insert Wage Determination(s)
ATTACHMENT # 5
(For Contractor's Optional Use; See Instructions at www.dol.gov/esa/whd/forms/wh347instr.htm)
U.S. Department of Labor PAYROLL Employment Standards Administration Wage and Hour Division
PAYROLL NO. LO CATION FOR WEEK ENDING CONTRACT NO.
PROJECT NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS
(1) (3) (4) DAY AND DATE (5) (6) (7) (9) (8)
DEDUCTIONS NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., NET LAST FOUR DIGITS OF SOCIAL SECURITY GROSS WITH- WAGES
NUMBER) OF WORKER WORK ST. OR OT. TOTAL RATE AMOUNT HOLDING TOTAL PAID HOURS WORKED EACH DAY TAX (2) NO.OF WITHHOLDiNG EXEMPTIONS CLASSIFICATION HOURS OF PAY EARNED FICA OTHER DEDUCTIONS FOR WEEK
O
S
O
S
O
S
O
S O
S
O
S
O
S
O
S
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Public Burden Statement We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W. Washington, D.C. 20210
(over)
Date ______(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
I, − Each laborer or mechanic listed in the above referenced payroll has (Name of Signatory Party) (Title) been paid, as indicated on the payroll, an amount not less than the do hereby state: sumbasic of hourlythe applicable wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) (1) That I pay or supervise the payment of the persons employed by below. (c) EXCEPTIONS ______on the (Contractor or Subcontractor) EXCEPTION (CRAFT) EXPLANATION ______; that during the payroll period commencing on the (Building or Work) ______day of ______, _____ , and ending the day of ______, ______, all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said
______from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:
REMARKS:
(2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed.
(3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor.
(4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS NAME AND TITLE SIGNATURE
− in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR been or will be made to appropriate programs for the benefit of such employees, SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. except as noted in section 4(c) below. VIRGINIA CLEAN WATER REVOLVING LOAN FUND – 2016 CONTRACT INSERTS ATTACHMENT #6
AMERICAN IRON AND STEEL (AIS) CERTIFICATION STATEMENT
Upon execution of this certification, the selected Contractor acknowledges to and for the benefit of the __ ___ (“Owner”) and the State of Virginia that it understands the goods and services under this Agreement are being funded with monies made available by the Virginia Clean Water State Revolving Loan Fund and that statutory requirements require that all of the iron and steel products used in the project must be produced in the United States in accordance with “Subpart J – American Iron and Steel Requirements” of these inserts . The Contractor hereby represents and warrants to and for the benefit of the Owner and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved or the product is incidental as described the De Minimis section of Subpart J, (c) the Contractor will provide verified information, product certifications, or assurance of compliance with this paragraph as requested by the Owner, and (d) information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Owner or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or State to recover damages from the Contractor for any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Owner or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Owner).
This statement relates to a proposed contract between and (owner) (contractor) in conjunction with to be funded with monies made available by the Virginia Clean Water Revolving Loan Fund. (project name)
.
Signature Date
Name and Title of Signer (Please type or print)
VIRGINIA CLEAN WATER REVOLVING LOAN FUND – 2016 CONTRACT INSERTS
ATTACHMENT #7 AMERICAN IRON AND STEEL (AIS) WAIVER REQUEST
A waiver from the American Iron and Steel (AIS) requirements of the Consolidated Appropriations Act of 2014 (CAA) is requested for the following reason(s):
(1) Applying the American Iron and Steel (AIS) requirements of the CAA would be inconsistent with the public interest;
(2) Iron, steel, and relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(3) Inclusion of iron and steel products produced on the United Sates will increase cost of the overall project by more than 25%.
Relevant documentation to this request is enclosed. No materials will be installed prior to approval of this waiver request by EPA.
Additional sheets attached
This waiver request relates to a proposed contract between and (contractor) (owner) in conjunction with to be funded with monies made available by the Virginia Clean Water Revolving Loan (project name) Fund.
Signature Date
Name and Title of Signer (Please type or print) VIRGINIA CLEAN WATER REVOLVING LOAN FUND – 2016 CONTRACT INSERTS ATTACHMENT 8 (Page 1 of 2)
Review Checklist for Waiver Request
Review Items Yes Comments Waiver request includes the following information:
— Description of the foreign and domestic construction materials
— Unit of measure — Quantity — Price
Time of delivery or availability — — Location of the construction project — Name and address of the proposed supplier — A detailed justification for the use of foreign construction materials Waiver request was submitted according to the State’s instructions to SRF assistance recipients Assistance recipient (owner) made a good faith effort to solicit bids for domestic iron and steel products, as demonstrated by language in requests for proposals, contracts, and communications with the prime contractor
Cost Waiver Requests
Waiver request includes the following information:
— Comparison of overall cost of project with domestic iron and steel products to overall cost of project with foreign iron and steel products (Price Comparison Worksheet - Page 2). — Relevant excerpts from the bid documents used by the prime contractor to complete the Price Comparison Worksheet — Supporting documentation indicating that the contractor made a reasonable survey of the market, such as a description of the process for identifying suppliers and a list of contacted suppliers Availability Waiver Requests Waiver request includes the following supporting documentation necessary to demonstrate the availability, quantity, and/or quality of the materials for which the waiver is requested: — Supplier information or pricing information from a reasonable number of domestic suppliers indicating availability/delivery date for construction materials
— Documentation of the assistance recipient’s (owner’s) efforts to find available domestic sources, such as a description of the process for identifying suppliers and a list of contacted suppliers. — Project schedule — Relevant excerpts from project plans, specifications, and permits indicating the required quantity and quality of construction materials Waiver request includes a statement from the prime contractor confirming the non-availability of the domestic construction materials for which the waiver is sought Has the State received other waiver requests for the materials described in this waiver request, for comparable projects? VIRGINIA CLEAN WATER REVOLVING LOAN FUND – 2016 CONTRACT INSERTS
Attachment #8 (Page 2of 2) American Iron and Steel (AIS) Price Comparison Worksheet
Instructions: To be completed by the prime contractor. In column (a), enter all iron and steel products required to build the project as designed. In column (b) enter the cost estimate for each component as supplied by domestic sources. In column (c) enter the cost estimate for each component for which waivers are requested, as supplied by foreign sources.
(a) Iron and Steel Unit of Measure Quantity (b) Price – Domestic Material* (c) Price – Foreign Material* Product
(d) Total Domestic Project (e) Total Foreign Project Cost: Cost:
*Include all delivery costs to the construction site
VIRGINIA CLEAN WATER REVOLVING LOAN FUND – 2016 CONTRACT INSERTS ATTACHMENT #9
AMERICAN IRON AND STEEL (AIS) FINAL CERTIFICATION STATEMENT
Upon execution of this certification the Contractor hereby certifies that all of the iron and steel products used in this project were produced in the United States except those for which an appropriate waiver(s) has been approved by the U.S. Environmental Protection Agency, and that no changes or substitutions to the individual certifications provided by the contractor have been made.
This statement relates to a proposed contract between and (owner) (contractor)
in conjunction with funded with monies made available by the Virginia Clean (project name)
Water Revolving Loan Fund.
Signature Date
Name and Title of Signer (Please type or print)
Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
General Decision Number: VA190024 01/04/2019 VA24
Superseded General Decision Number: VA20180024
State: Virginia
Construction Types: Heavy (Heavy and Sewer and Water Line)
Counties: Alleghany, Augusta, Bath, Buena Vista*, Clifton Forge*, Covington*, Highland, Lexington*, Rockbridge, Staunton* and Waynesboro* Counties in Virginia.
*INDEPENDENT CITIES
HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines)
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
DEPARTMENT OF LABOR WAGE RATES 01 1800 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/04/2019
SUVA2010-025 09/01/2010
Rates Fringes
CARPENTER...... $ 9.00 0.84
CEMENT MASON/CONCRETE FINISHER...$ 11.00 1.02
ELECTRICIAN...... $ 15.55 2.37
LABORERS Common or General...... $ 7.89 0.51 Flagger...... $ 7.25 Pipelayer...... $ 9.75 3.34
POWER EQUIPMENT OPERATOR: Backhoe...... $ 18.00 Bulldozer...... $ 18.00 Crane...... $ 20.63 7.28 Excavator...... $ 11.36 1.09 Loader...... $ 12.87 1.13
TRUCK DRIVER Dump Truck...... $ 10.70 0.97 Off the Road Truck...... $ 16.50 ------
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
DEPARTMENT OF LABOR WAGE RATES 01 1800 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 2000 – GENERAL REQUIREMENTS
PART 1 GENERAL
1.1 RELATED DOCUMENTS A. The provisions of the Contract Documents apply to the work of this Section.
1.2 CONSTRUCTION LAYOUT A. Monuments and Benchmarks 1. Maintain all monuments, property corners, bench marks and other reference points. 2. If these are disturbed or destroyed during construction operations, have them replaced by a surveyor licensed in the Commonwealth of Virginia. This replacement shall be at no additional expense to the Contract. B. Laying out the Work. 1. Locate all existing bench marks and other reference points. 2. Protect these points throughout construction. 3. Layout work utilizing these reference points. C. Record Drawings 1. Maintain a record of the locations of all underground utilities and piping. 2. Maintain a record of any variations of the work. 3. Record Drawings shall be certified by a Land Surveyor registered in the Commonwealth of Virginia. 4. Submit these record drawings at Project Closeout.
1.3 EASEMENTS A. Verify the acquisition of all off-site easements and Rights-of-Way prior to the start of off-site construction. Verification may be performed by contacting the Alleghany County Engineer (Owner). B. Restore all off-site easements to the condition existing prior to the start of work.
1.4 MAINTENANCE OF TRAFFIC A. Maintain vehicular and pedestrian traffic across and through the construction limits of the project as required. Comply with all applicable safety requirements.
1.5 SUBMITTALS A. For those submittals, close-out documents and O&M manuals requiring review by the Owner's consultant, contractor shall ship such documents directly to the Civil Engineering consultant, while sending a copy of the transmittal to the Owner.
1.6 CORRELATION OF CONSTRUCTION DOCUMENTS A. Review construction documents thoroughly prior to the start of construction. B. Report any conflict or discrepancy discovered in the Construction Documents to the Civil Engineer prior to the start of construction.
GENERAL REQUIREMENTS 01 2000 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
C. Report any conflict or discrepancy discovered between the Construction Documents and state and local governmental regulations to the Civil Engineer prior to the start of construction.
1.7 PROJECT CONDITIONS A. The conditions existing at the time of inspection for bidding purposes will be maintained by the Owner to the extent practical. However, minor variations may occur due to natural occurrences prior to the start of clearing work. B. The location of existing underground utilities indicated is approximate only. Contractor shall field locate all existing underground utilities in the area of work, regardless of whether or not they are indicated. Call “Miss Utility” prior to the start of demolition work for assistance in the location of existing underground utilities. C. Should charted, uncharted or incorrectly charted utilities be encountered during demolition, contact the Architect immediately for instructions. Cooperate with Owner and utility companies to keep services and facilities in operation. D. The contractor shall coordinate with the appropriate power company on any restrictions related to construction activities within the easement. E. For informational and planning purposes, the existing Rosedale Sewage Pump Station consists of two 2- HP 3-inch pumps rated for 150 gpm, with an average flow of 172, 204 gpd.
1.8 SCHEDULING A. Contractor shall provide a contract schedule for the completion of the work. B. Repairs to roadways owned and operated by VDOT shall be repaired immediately after sewer line construction is completed.
PART 2 PRODUCTS
Not Applicable
PART 3 – EXECUTION
3.1 PROJECT CLEAN UP A. Clean construction corridor as construction progresses. Do not allow trash or other waste materials to accumulate. B. Prior to requesting the punch-list inspection, clean the site to the following requirements: 1. Wash all walks and pavements affected by construction, and remove all trash and debris.
3.2 EXISTING FACILITIES A. Preserve existing signs, markers, guardrails and fences in their original condition unless written permission is obtained for their removal and replacement. Replace damaged items at no additional cost to the Contract.
END OF SECTION 01 0200
GENERAL REQUIREMENTS 01 2000 - 2 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 01 2110 – ALLOWANCES
PART 1 GENERAL
1.1 RELATED DOCUMENTS A. The provisions of the Contract Documents apply to the work of this Section.
1.2 SUMMARY A. This Section specifies administrative and procedural requirements regarding allowances associated with sitework. B. This Section includes the following unit price allowances: 1. Rock Excavation 2. Removal of Asbestos-Containing Materials
PART 2 – PRODUCTS
Not Applicable
PART 3 EXECUTION
3.1 SCHEDULE OF UNIT PRICE ALLOWANCES A. Rock Excavation, Disposal Off-Site and Replacement with Select Material or Stone: Provide in the Base Bid of the work an allowance of 500 c.y. (375 c.y. in DIVISION A and 125 c.y. in DIVISION B) for excavation of rock. Dispose of excavated rock material in an approved location off-site. Backfill excavation with select material or stone. Credit or additions to the Contract Price for actual quantities removed and replaced (per the pay limits established in the Specifications) shall be made per the Unit Prices contained in the Bid Form. Include in the unit price the cost of quantity verification by a Surveyor Licensed in the Commonwealth of Virginia. B. Removal of Asbestos-Containing Materials and Dispose Properly Off-Site: Provide in the Base Bid for Phase 1 Work an allowance of 200 c.y. for the removal of asbestos-containing materials from debris related to previously demolished foundations of houses and dispose off-site. Refer to specification Section 02 8000 - Hazardous Materials Remediation and Appendix B.
3.2 ADMINISTRATION OF SITEWORK UNIT PRICE ALLOWANCES A. Unit Prices for each allowance shall be given on the Bid Form. 1. The Owner reserves the right to negotiate said Unit Prices prior to the award of Contract. B. Allowances required by this Section shall be included in the Base Bid amount. C. Allowances required by this Section shall be indicated on the Schedule of Values and shall be determined by multiplying the quantity indicated by the unit price given on the Bid Form. D. Submit invoices or surveyor’s certificate, as required, with pay requests that involve the Unit Price Allowances. E. Credit unused amount of Unit Price Allowance (if any) to Owner by Change Order at Project Closeout.
ALLOWANCES 01 2110 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
3.3 ADMINISTRATION OF LUMP-SUM ALLOWANCES A. Conform to the requirements of the General Conditions.
END OF SECTION 01 2110
ALLOWANCES 01 2110 - 2 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 02 4113 - SELECTIVE DEMOLITION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS A. The provisions of the Contract Documents apply to the work of this Section.
1.2 SUMMARY A. This Section includes the following: 1. Demolition and removal of existing asphalt and/or concrete pavement, concrete and/or asphalt walks, curbs and gutters, and other exterior site items indicated or not indicated that are within the project limits and the scope of the Work. 2. Removal and/or relocation of existing underground utilities. 3. Removal and disposal of existing sanitary sewer pipe, water pipe, storm drainage pipe and appurtenances indicated. Filling of existing pipes to be abandoned in place. 4. Removal and replacement of fencing.
1.3 DEFINITIONS A. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain the Owner's property. B. Remove and Salvage: Items indicated to be removed and salvaged remain the Owner's property. Remove, clean, and pack or crate items to protect against damage. Identify contents of containers and deliver to Owner's designated storage area. C. Remove and Reinstall: Remove items indicated; clean, service, and otherwise prepare them for reuse; store and protect against damage. Reinstall items in the same locations or in locations indicated. D. Existing to Remain: Protect items indicated to remain against damage and soiling. When permitted by the Architect, items may be removed to a suitable, protected storage location and then cleaned and reinstalled in their original locations.
1.4 SUBMITTALS A. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by the Work. B. Record drawings at Project closeout. 1. Identify and accurately locate capped utilities and other subsurface structural, electrical, or mechanical conditions. C. Proposed dust-control measures. D. Schedule of selective demolition activities indicating the following: 1. Detailed sequence of selective demolition and removal work, with starting and ending dates for each activity. 2. Interruption of utility services. 3. Coordination for shutoff, capping, and continuation of utility services. 4. Detailed sequence of selective demolition and removal work to ensure uninterrupted progress of Owner's on-site operations.
SELECTIVE SITE DEMOLITION 02 4113 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
5. Coordination of Owner's continuing occupancy of portions of existing building and of Owner's partial occupancy of completed Work. 6. Locations of temporary partitions and means of egress. E. Inventory of items to be removed and salvaged or turned over to Owner. F. Landfill records indicating receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes.
1.5 QUALITY ASSURANCE A. Regulatory Requirements: All work shall comply with Federal, State and Local laws and regulations concerning hauling and disposal of demolition debris. B. Notify the proper agencies prior to the start of work and obtain all necessary permits for this work.
1.6 PROJECT CONDITIONS A. Owner assumes no responsibility for actual condition of items or structures to be demolished. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner to the extent practical. However, minor variations may occur due to Owner’s removal and salvage operations prior to the start of demolition work. B. The location of existing underground utilities indicated is approximate only. Field locate all existing underground utilities in the area of work, regardless of whether or not they are indicated. Call “Miss Utility” prior to the start of demolition work for assistance in the location of existing underground utilities. C. Should charted, uncharted or incorrectly charted utilities be encountered during demolition, contact the Architect immediately for instructions. Cooperate with Owner and utility companies to keep services and facilities in operation. D. Do not interrupt existing utilities serving facilities occupied and used by the Owner and others, except when permitted in writing by the Owner. Provide acceptable temporary utility service as required to maintain Owner’s operations.
1.7 SCHEDULING A. Notify and coordinate any required relocation and/or removal of existing underground utilities, poles, meters or other above ground appurtenances with the appropriate utility company (i.e. power, telephone, cable and natural gas/propane) prior to the start of selective demolition work.
1.8 USE OF EXPLOSIVES A. Do not use explosives to perform selective site demolition work.
PART 2 - PRODUCTS
Not Applicable
PART 3 - EXECUTION
3.1 EXAMINATION
SELECTIVE SITE DEMOLITION 02 4113 - 2 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
A. Call “Miss Utility” prior to the start of demolition work for assistance in the location of existing underground utilities. Field locate all existing underground utilities in the area of work, regardless of whether or not they are indicated. B. Should uncharted or incorrectly charted existing utilities be identified, contact the Architect immediately for instructions. Provide a scale drawing with the location of the uncharted or incorrectly charted utilities for use by the Architect in preparing additional direction. C. Verify that utilities indicated as removed, abandoned and/or relocated have been disconnected and capped. D. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required.
3.2 PROTECTION OF PERSONS AND PROPERTY A. Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks and other adjacent occupied and used facilities. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. B. Conduct demolition operations to prevent injury to people and damage to adjacent buildings and facilities to remain. Ensure safe passage of people around selective demolition area. 1. Erect temporary protection, such as walks, fences, railings, canopies, and covered passageways, where required by authorities having jurisdiction. 2. Protect existing site improvements, appurtenances, and landscaping to remain. C. Barricade areas of demolition occurring as part of this work, and post with warning lights as required by authorities having jurisdiction. D. Protect structures, buildings, utilities, walks, pavements, existing vegetation and other facilities to remain from damage caused by settlement, lateral movement, undermining, washout and other hazards created by demolition operations.
3.3 POLLUTION CONTROLS A. Perform all work in accordance with the requirements of the latest edition of the Virginia Erosion and Sediment Control Handbook and those of the local Erosion Control official. B. Clean adjacent structures and improvements of dust, dirt, and debris caused by the Work. Return adjacent areas to condition existing before start of selective demolition.
3.4 REMOVAL & RELOCATION WORK A. Utilities 1. Coordinate the removal and/or relocation of existing utilities with the appropriate utility companies. 2. Remove existing utilities as indicated and terminate in a manner conforming to the nationally recognized code covering the specific utility and to local jurisdictional codes. 3. Provide adequate means of support and protection during demolition and other construction operations for existing utilities that are to remain in place. Repair utilities damaged by construction operations to the satisfaction of the utility owner. B. Asphalt Pavement 1. Remove asphalt concrete pavement by sawcutting to the full depth of the pavement. Provide neat sawcuts at the limits of pavement removal indicated. C. Concrete Pavement, Walks and Curbs
SELECTIVE SITE DEMOLITION 02 4113 - 3 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
1. Remove concrete pavement and walks to the nearest joint. Sawcut concrete if joints are not present adjacent to the area of demolition. 2. Sawcut concrete along straight lines to a depth of not less than 2 inches. Break out remainder of concrete, provided that the broken area is concealed in the finished work, and the remaining concrete is sound. At locations where the broken face cannot be concealed, grind smooth or sawcut entirely through concrete.
3.5 DISPOSAL OF DEMOLISHED MATERIALS A. Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site. B. Do not burn demolished materials or debris. C. Transport and legally dispose of demolished materials off of Owner's property.
3.6 CLEANUP AND REPAIR A. Upon completion of demolition work remove all tools, equipment and demolition materials from site. Remove demolition work area protection and leave areas clean. B. Repair any demolition performed in excess of that required. Return elements of construction and surfaces to remain to the condition existing prior to the start of construction. Repair adjacent construction or surfaces soiled or damaged by demolition work.
END OF SECTION 02 4113
SELECTIVE SITE DEMOLITION 02 4113 - 4 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 02 8000 HAZARDOUS MATERIALS REMEDIATION
PART 1 GENERAL
1.1 RELATED DOCUMENTS A. Provisions of the Contract Documents apply to the work of this Section.
1.2 SUMMARY A. Provide hazardous material remediation of asbestos-containing materials (ACM) in strict accordance with those applicable laws, ordinances, criteria, rule, and regulations of the Federal and Commonwealth of Virginia state authorities governing asbestos, including removing, handling, storing, transporting, and disposing of asbestos waste materials. B. The asbestos-containing materials (ACM) to be remediated as part of this contract are identified in the following survey report included in Appendix B: 1. PLM Bulk Asbestos Report report dated August 30, 2017 prepared by AmeriSci Richmond. C. Licensing and Training: The Hazardous Materials Subcontractor and all personnel involved in performing asbestos and disposal operations are required to be trained and licensed in the Commonwealth of Virginia prior to the time of the initial job assignment and in the accordance with 29 CFR 1926.1101. D. Asbestos and Lead Hazard Abatement Plans. 1. Develop and submit a detailed, job-specific Asbestos Hazard Abatement Plan prepared by a Virginia licensed Asbestos Abatement Project Designer detailing engineering controls, work procedures, including any administrative controls, safety precautions and removal techniques to be used in the abatement of ACM. a. Provide a detailed description of the method of containment of the operation to ensure that airborne asbestos concentrations as outlined in 29 CFR 1926.1101 are not exceeded in the regulated area. 2. The Asbestos Hazard Abatement Plan shall include safety precautions and equipment work procedures to be used in the removal of ACM. Also include fire and medical emergency response plans. 3. The Asbestos Hazard Abatement Plan shall detail housekeeping and hygiene practices, the precise type of protective clothing, equipment and respirator to be used. 4. The Asbestos Hazard Abatement Plan must be approved by the Owner prior to starting any asbestos remediation work. E. The Hazardous Materials Subcontractor shall secure all necessary permits and notification in conjunction with the hazardous material removal, hauling and disposal of such actions as required by Federal and Virginia state regulations. Submit two copies of all required permits and hazardous waste manifests to the Owner within 14 days of receipt. Notify the Regional Office of the EPA in accordance with Federal regulation. F. The Hazardous Materials Subcontractor shall conduct remediation in accordance with Federal and Virginia state regulations.
END OF SECTION 028000
HAZARDOUS MATERIALS REMEDIATION 028000 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 31 1000 CLEARING
PART 1 GENERAL
1.1 RELATED DOCUMENTS A. The provisions of the Contract Documents apply to the work of this Section.
1.2 SUMMARY A. This Section includes the following: 1. Protection of existing trees. 2. Clearing and grubbing. 3. Removal of trees and other vegetation. 4. Topsoil stripping.
1.3 DEFINITIONS A. Remove: Remove and legally dispose of items indicated. Removal includes digging out and offsite disposing of stumps and roots. B. Tree Protection Zone: The area surrounding individual trees or groups of trees to be protected during construction, and defined by the drip line of individual trees or the perimeter drip line of groups of trees, unless otherwise indicated. C. Topsoil: Friable, clay loam surface soil, found in varying depths.
1.4 MATERIALS OWNERSHIP A. Except for stripped topsoil or other materials indicated to remain Owner's property, cleared materials shall become Contractor's property and shall be removed from Project site.
1.5 SUBMITTALS A. Photographs or videotape, sufficiently detailed, of existing conditions of trees, plantings and other improvements adjoining the construction that might be misconstrued as damage caused by the Work.
1.6 PROJECT CONDITIONS A. Traffic: Conduct site clearing operations to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks or other occupied or used facilities without permission from authorities having jurisdiction. B. Protection of Existing Improvements: Provide protections necessary to prevent damage to existing improvements indicated to remain in place. 1. Protect existing improvements on adjoining properties and on Owner's property. 2. Restore existing improvements damaged by clearing operations to their original condition. C. The conditions existing at the time of inspection for bidding purposes will be maintained by the Owner to the extent practical. However, minor variations may occur due to natural occurrences prior to the start of clearing work. D. Do not commence site-clearing operations until erosion and sedimentation control measures are in place.
CLEARING 31 1000 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
E. There are no restrictions on performing the creek crossings during the calendar year.
PART 2 PRODUCTS
2.1 TREE PROTECTION FENCING A. Tree protection fencing shall conform to standard and specification 3.38-2 (plastic fence) of the Virginia Erosion and Sediment Control Handbook.
PART 3 – EXECUTION
3.1 PROTECTION OF EXISTING TREES AND VEGETATION A. Install tree protection fencing as indicated. Erect and maintain a temporary fence around the drip line of individual trees or around the perimeter drip line of groups of trees to remain. 1. Do not store construction materials, debris, topsoil or other excavated material within the tree protection zone. 2. Do not permit vehicles or other equipment within the tree protection zone. 3. Maintain tree protection zones free of weeds and trash. B. Protect existing trees and other vegetation indicated to remain in place, against unnecessary cutting, breaking or skinning of roots, skinning or bruising of bark, smothering of trees by stockpiling construction materials or excavated materials within drip line, excess foot or vehicular traffic, or parking of vehicles within drip line. C. Provide protection for roots over 11/2 inch diameter that are cut during construction operations. Coat cut faces with emulsified asphalt, or other acceptable coating, formulated for use on damaged plant tissues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out; cover with earth as soon as possible. D. Repair or replace trees and vegetation indicated to remain which are damaged by construction operations, in a manner acceptable to Architect.
3.2 CLEARING A. General: Remove trees, shrubs, grass and other vegetation as required to permit installation of the Work. Cut minor roots and branches of trees indicated to remain in a clean and careful manner, where such roots and branches obstruct installation of the Work. B. Clearing and Grubbing: Clear site of trees, shrubs and other vegetation within the clearing limits indicated. 1. Completely remove stumps, roots, and other debris. 2. Use only hand methods for grubbing inside drip line of trees indicated to remain. 3. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. Place fill material in horizontal layers not exceeding 6 inches loose depth, and thoroughly compact to a density equal to adjacent original ground. 4. There are no restrictions on clearing the easements during the calendar year. 5. Along natural wooded areas, the entire “permanent utility easement” shall be cleared and grubbed, and the “temporary construction easement” shall be sufficiently cleared to that necessary to accommodate the contractor’s mean and methods for construction and installation of the sewer line and appurtenances. Along corridors through established residential areas that may include ornamental/fruit trees on the fringe but within 20’ permanent easement, the contractor shall make every attempt to to work around them to install the sewer line. The logs are to be removed from the utility easement corridors, and wood chips (no greater than 4-inches in diameter) can be disbursed with in the existing natural wooded areas, but not on established lawns within residential areas.
CLEARING 31 1000 - 2 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
C. Selective Clearing: Clear areas designated as “Selective Clearing” of all ground covers, underbrush and trees less than 6-inches in diameter at breast height. Coordinate extent of material removed with Architect. 1. Remove trees that appear to be dying or weakening for any reason and at any point during construction up to and including Substantial Completion at the Engineer’s direction.
3.3 TOPSOIL STRIPPING A. Remove heavy growths of grass from areas before stripping. B. Strip topsoil to whatever depths are encountered, but to a minimum of at least 4 inches. C. Strip topsoil in a manner to prevent intermingling with underlying subsoil or other material. 1. Remove subsoil and non-soil materials from topsoil, including trash, debris, weeds, roots, and other waste materials. D. Where existing trees are indicated to remain, leave existing topsoil in place within drip lines to prevent damage to root system. E. Temporarily stockpile topsoil in storage piles in areas indicated or directed. Construct storage piles to provide free drainage of surface water. Cover storage piles, if required, to prevent wind erosion. 1. Do not stockpile topsoil within tree protection zones. 2. Stockpile surplus topsoil to allow for re-spreading deeper topsoil. F. Dispose of unsuitable or excess topsoil in a legal manner off-site.
3.4 DISPOSAL OF WASTE MATERIALS A. Burning on Owner's Property: Burning will not be allowed on this project. B. Removal from Owner's Property: Remove waste materials generated by clearing operations from Owner's property and dispose of in a legal manner off-site. 1. Remove waste materials and debris from the site in a manner to prevent spillage. Pavements and the area adjacent to the site shall remain free from mud, dirt and debris at all times. 2. Clean up debris resulting from site clearing operations continuously with the progress of the work.
END OF SECTION 31 1000
CLEARING 31 1000 - 3 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 31 1050 - ROCK EXCAVATION
PART 1 - GENERAL 1.1 DESCRIPTION A. Work included - Furnish all labor, material and equipment to excavate and dispose of rock as specified herein.
B. Related work specified elsewhere: 1. Sanitary Sewerage - 33 3010
1.2 DEFINITION A. The word "rock," wherever used as the name of excavated material or material to be excavated, shall mean boulders and pieces of concrete or masonry exceeding 1/3 cubic yards in volume; or solid ledge rock which, in the opinion of the County, requires, for its removal drilling and blasting, wedging, sledging, barring, or breaking up with power-operated tools.
B. No soft or disintegrated rock which can be removed with a hand pick or power-operated excavator and/or loader; no loose, shaken, or broken stone in rock fillings or elsewhere; no frozen earth or existing paving; and no rock exterior to the maximum limits of measurement allowed, which may fall into the excavation, will be measured or allowed.
1.3 REQUIREMENTS OF REGULATORY AGENCIES A. Observe all municipal ordinances and State and Federal laws relating to the transportation, storage, handling and use of explosives.
B. The licensed blaster(s) shall at all times have his license on the work site and shall permit examination thereof by officials having jurisdiction.
PART 2 - PRODUCTS 2.1 EXPLOSIVES A. No blasting is allowed within the project limits unless authorized by Alleghany County.
B. Where blasting is permitted by the County under special circumstances, explosives shall be kept on the site only in such quantity as may be needed for the work under way and only during such times as they are being used.
B. Explosives shall be stored in a secure manner, separate from all tools and flammable substances.
C. Caps or detonators shall be safely stored at least a distance of one-hundred feet (100’) from explosives.
D. When need for explosives has ended, all such materials remaining at site shall be promptly removed from the premises.
PART 3 - EXECUTION 3.1 GENERAL A. Excavate rock (as defined above), if encountered, to the lines and grades indicated on the Drawings or as required and dispose of the excavated material.
B. Rock in pipe trenches shall be excavated so as to be not less than six inches (6”) from the invert of the pipe.
3.2 BLASTING
ROCK EXCAVATION 31 1050 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
A. All operations involving explosives shall be conducted by experienced personnel only, with all possible care to avoid injury to persons and damage to property. All licenses and blasting permits shall be kept on the job site at all times blasting is performed.
B. Blasting shall be done only with such quantities and strengths of explosives and in such manner as will break the rock approximately to the intended line and grades and yet will leave the rock not to be excavated in an unshattered condition.
C. Care shall be taken to avoid excessive cracking of the rock upon or against which any structure will be built, and to prevent damage to existing pipes or other structures and property above or below ground. The responsibility for accurately locating and for the complete protection of such items in the event of blasting for rock excavation and all repair to and/or replacement of same shall be the full obligation of the CONTRACTOR. In all cases of blasting, the prepared blast shall be carefully covered with an approved blasting mat so placed that the area affected by the explosion is positively confined.
D. All blasting shots shall be covered with blasting mats or other approved material such that all structures, persons, and property are protected from injury. A pre-blast survey may be required if blasting is required in close proximity to structures.
E. Sufficient warning shall be given to all persons in the vicinity of the work before a charge is exploded. Flagmen shall be employed to direct traffic as required.
F. The County may prohibit blasting whenever it is felt that the protection provided is inadequate. Extreme care shall be used whenever blasting for the removal of hard materials is necessary.
G. Blasting, if allowed, shall be prohibited on Sundays, Holidays, and between the hours of 7:00 p.m. and 7:00 a.m., unless previously approved in writing by the County and the applicable local government.
H. Only the quantity and strength of explosives necessary for proper trench excavation shall be used. All explosives shall be detonated by an approved electric blasting device. Under no circumstances shall electric current from batteries, telephone or power lines be used for detonation.
I. The CONTRACTOR shall take into consideration location of existing utilities, or other structures when blasting. The CONTRACTOR shall be responsible for taking all necessary precautions during blasting and general construction activities such that existing structures and facilities are protected from damage and will not be affected by construction activities.
J. JThe CONTRACTOR shall be responsible for notifying and coordinating with the proper authorities, utility companies, and potentially affected parties prior to and during all blasting activities.
K. When rock is encountered, the CONTRACTOR shall notify the Construction Inspector in order that the quantities can be measured, unless unclassified excavation is specified.
L. No blasting shall be performed within forty feet (40’) of a tested or completed sewer or water line. The ends of sewer or water lines adjacent to blasting shall be covered to avoid receiving debris.
3.3 MEASUREMENT FOR PAYMENT A. All rock excavation shall be paid for as an incidental part of the item on which the work is done except where a separate, unqualified item for rock excavation is indicated in the Bid Proposal or where rock excavation is ORDERED as an EXTRA by the County, by WRITTEN ORDER. Where payment for rock excavation is established by the proposal or ORDERED as an EXTRA by the County, the CONTRACTOR shall be paid only for the quantity of rock removed, measured as follows: 1. For all masonry structures such as buildings, tanks, vaults, catch basins, manholes and the like, the horizontal rock measurement shall be made to include 2-1/2 feet from the outside face of finished vertical sidewall of such structure and the vertical rock measurement shall be made from the top elevation of the rock, before disturbed or removed, to the elevation of the under or lower side of the bottom concrete slab of
ROCK EXCAVATION 31 1050 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
the structure. Any projection below the bottom slab of any structure required for sump, well, or other pertinent construction shall be measured separately.
B. For installation of pipe lines and fittings the horizontal rock measurement shall be the nominal outside diameter of the pertinent pipe plus sixteen inches (16”), except, however, that no horizontal measurement shall be considered to be less than twenty-seven inches (27”); the vertical rock measurement shall be made from the top elevation of the rock, before disturbance or removal, to an elevation of nine inches (9”) below the bottom outside surface of the pipe for pipe having a diameter of eight inches (8”) through twenty-four inches (24”), and to an elevation of twelve inches (12”) below the bottom outside surface of the pipe for all pipe having a diameter greater than twenty-four inches (24”).
3.4 EXCESS ROCK EXCAVATION A. If rock excavated beyond the limits of payment indicated on the Drawings, specified, or authorized in writing by the County, the excess excavation whether resulting from over breakage or other causes, shall be backfilled, by and at the expense of the CONTRACTOR, as specified below: 1. In pipe trenches, excess excavation above and below the elevation of the pipe bedding shall be filled as specified in Section CS-3 - SANITARY SEWER COLLECTION PIPING. 2. In excavations for structures, excess excavation in rock beneath foundations shall be filled with concrete, which shall be Class A or B, at the CONTRACTOR’s option. 3. Quantity of rock for which payment will be made for installation of each fire hydrant will be limited to a rectangular area, top of which is upper surface of the rock, bottom of which is two feet (2’) below bottom- most point of the hydrant, in place, and of a square measurement of three feet (3’) on each of the four sides. Rock section excavation required for installation of fire hydrants shall not be less than stipulated above.
3.5 SHATTERED ROCK If rock below normal depth is shattered due to drilling or blasting operations and such shattered rock is unfit for foundations, the shattered rock shall be removed and the excavation shall be backfilled as described above in EXCESS ROCK EXCAVATION. All such removal and backfilling shall be done at the expense of the CONTRACTOR.
3.6 BLASTING RECORDS Keep and submit to the County an accurate record of each blast. The record shall show the date, time of blast, general location of the blast, the depth and number of drill-holes, the kind and quantity of explosive used, and other data required for a complete record.
3.7 PROTECTION OF EXISTING UTILITIES AND STRUCTURES Attention of the CONTRACTOR is specifically called to the fact that certain sections of the sewer line extension in the work that may be constructed in close proximity to existing buildings, storm sewers, gas lines, underground telephone cables, and private water mains. The responsibility for accurately locating and for the complete protection of such items in the event of blasting for rock excavation and all repair to and/or replacement of same shall be the full obligation of the CONTRACTOR. In all cases of blasting, the prepared blast shall be carefully covered with an approved blasting mat so placed that the area affected by the explosion is positively confined.
END OF SECTION 31 1050
ROCK EXCAVATION 31 1050 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 31 2500 - EROSION CONTROL
PART 1 - GENERAL
1.1 RELATED DOCUMENTS: A. The provisions of the Contract Documents apply to the work of this Section. B. The Virginia Erosion and Sediment Control Handbook, latest edition.
1.2 SUMMARY A. This Section includes the installation, maintenance and removal of erosion control measures required for prevention of sediment leaving the project site.
1.3 EROSION AND SEDIMENT CONTROL PERMIT A. Prior to commencement of work, obtain a copy of the approved Erosion and Sediment Control Plan from Alleghany County. B. Apply for the Land Disturbance Permit from Alleghany County. C. Schedule a pre-construction conference on-site with Alleghany County’s County Engineer. Hold this meeting prior to the start of any construction activities. D. Utilizing the approved Erosion and Sediment Control Plan as a base, prepare the required Stormwater Pollution Prevention Plan (SWPP). At a minimum, the additional information required on the SWPP includes: E. A description of any potential pollution sources such as vehicle fueling areas, storage of fertilizers and chemicals, and sanitary waste facilities. Identify the proposed location of these items on the site. F. A description of the pollution prevention measures associated with these potential pollution sources. G. The plan shall be labelled “Storm Water Pollution Prevention Plan.” H. During construction, the following requirements shall be met: 1. A copy of the Stormwater Pollution Prevention Plan (SWPP) shall be kept at the job site at all times. 2. Amend the SWPP as necessary to account for significant changes in design, construction or maintenance that would increase the pollution potential of the site. File a copy of the amended plan with DCR and with the Engineer. 3. The Responsible Land Disturber shall perform weekly inspections of the erosion and sediment control measures. Inspection reports shall be filed as an appendix to the SWPP. Copy these reports to the Architect and the Owners Representative.
1.4 SUBMITTALS A. Responsible Land Disturber registration information. B. A copy of the VSMP registration application and a copy of the Stormwater Pollution Prevention Plan. C. Copies of the weekly Erosion Control Measure inspection reports. These may be submitted at the monthly progress meetings. D. Silt Fence E. Safety Fence
EROSION CONTROL 31 2500 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
1.5 PAYMENT PROCEDURES FOR EROSION CONTROL MEASURES A. Establish a line item in the Schedule of Values for Erosion Control Maintenance. This line item shall represent a minimum of thirty percent (30%) of the total value of the erosion control for the project. B. Erosion control maintenance will be paid on a monthly basis, following the satisfactory installation and maintenance of the erosion control measures.
PART 2 - PRODUCTS
2.1 EROSION CONTROL PRODUCTS: A. Construction Entrance 1. Heavy-duty stone aggregate and filter fabric construction entrance, complying with the requirements of Standard and Specification 3.02 of the Virginia Erosion and Sediment Control Handbook. 2. Reinforced concrete wash-rack, draining to a sediment trap. 3. The water source for washing operations shall be the responsibility of the Contractor. B. Silt Fence 1. Synthetic filter fabric, complying with the requirements of Standard and Specification 3.05 of the Virginia Erosion and Sediment Control Handbook. 2. Wooden stakes shall be 2” oak, a minimum length of five feet. C. Wire Reinforced Silt Fence 1. Synthetic filter fabric, complying with the requirements of Standard and Specification 3.05 of the Virginia Erosion and Sediment Control Handbook. 2. Wooden stakes shall be 2” oak, a minimum length of five feet. 3. Wire fence reinforcement shall be a minimum of 14-guage and have a maximum mesh spacing of six inches. D. Storm Drain Inlet Protection 1. Block and Gravel Drop Inlet Sediment Filter, complying with the requirements of Standard and Specification 3.07 of the Virginia Erosion and Sediment Control Handbook. 2. Gravel Curb Inlet Sediment Filter or Block and Gravel Curb Inlet Sediment Filter, complying with the requirements of Standard and Specification 3.07 of the Virginia Erosion and Sediment Control Handbook. E. Culvert Inlet Protection 1. Silt Fence Culvert Inlet Protection, complying with the requirements of Standard and Specification 3.08 of the Virginia Erosion and Sediment Control Handbook. F. Temporary Diversion Dike 1. Berm of compacted soil material, stabilized with vegetation, complying with the requirements of Standard and Specification 3.09 of the Virginia Erosion and Sediment Control Handbook. G. Temporary Fill Diversion 1. A channel with a berm on the lower side, placed at the top of a fill slope, complying with the requirements of Standard and Specification 3.10 of the Virginia Erosion and Sediment Control Handbook. H. Diversion 1. A channel with a berm on the lower side, stabilized with vegetation, complying with the requirements of Standard and Specification 3.12 of the Virginia Erosion and Sediment Control Handbook.
EROSION CONTROL 31 2500 - 2 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
I. Temporary Sediment Trap 1. A temporary ponding area, formed with an earthen embankment and a stone outlet structure, complying with the requirements of Standard and Specification 3.13 of the Virginia Erosion and Sediment Control Handbook. J. Temporary Slope Drain 1. A flexible pipe extending from the top to the bottom of a fill slope, complying with the requirements of Standard and Specification 3.15 of the Virginia Erosion and Sediment Control Handbook. 2. Pipe shall be smooth lined polyethylene, complying with the requirements of ASTM F667 or AASHTO M294. K. Outlet Protection 1. A level area of riprap, placed over filter fabric, complying with the requirements of Standard and Specification 3.18 of the Virginia Erosion and Sediment Control Handbook. L. Riprap 1. Graded stone, placed over filter fabric, complying with the requirements of Standard and Specification 3.19 of the Virginia Erosion and Sediment Control Handbook. 2. The size of the stone required is indicated on the drawings. M. Rock Check Dams 1. Temporary stone dams constructed across a swale or ditch, complying with the requirements of Standard and Specification 3.20 of the Virginia Erosion and Sediment Control Handbook. 2. Check dams shall be placed on filter fabric. N. Dewatering Structure 1. A temporary filtering device used for dewatering operations, complying with the requirements of Standard and Specification 3.26 of the Virginia Erosion and Sediment Control Handbook. O. Temporary Seeding 1. Temporary vegetative cover for disturbed areas, complying with the requirements of Standard and Specification 3.31 of the Virginia Erosion and Sediment Control Handbook. P. Permanent Seeding 1. Refer to Section “Lawns and Grasses” for permanent seeding requirements.
PART 3 - EXECUTION
3.1 INSTALLATION OF EROSION CONTROL MEASURES A. Install all erosion and sediment control measures per the requirements of the Virginia Erosion and Sediment Control Handbook. B. Protect all points of construction ingress and egress to the site to prevent tracking of mud onto public streets. Provide temporary construction entrances at all points of access to the site. C. Clear only those areas necessary for installation of the perimeter erosion control measures. The balance of the site shall not be cleared or otherwise disturbed until the perimeter erosion control measures are installed, functional and approved by Alleghany County. D. Follow the construction sequence and install erosion control measures as indicated on the Drawings and as directed by Alleghany County. E. Install additional measures as necessary to prevent sediment from leaving the project site.
EROSION CONTROL 31 2500 - 3 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
3.2 MAINTENANCE OF EROSION CONTROL MEASURES A. Maintain all erosion and sediment control measures per the requirements of the Virginia Erosion and Sediment Control Handbook. B. At a minimum, the following maintenance is required: 1. Safety Fence a) Review fence regularly for damage. Repair any damage immediately. b) Secure the fence at the end of each working day. Repair or replace all locking devices as necessary. 2. Construction Entrance a) Wash and rework stone and/or place additional stone as required to prevent tracking of mud onto the roadways. b) Clean out the sediment-trapping device for the washrack. c) Remove all materials spilled, dropped, washed or otherwise tracked onto roadways or into storm sewers immediately. Do not use water trucks to wash the roadways. 3. Silt Fence a) Inspect immediately following each rainfall and at least daily during prolonged rainfall. b) Make any required repairs immediately. Give special attention to damage resulting from end-runs and undercutting. c) Replace fabric that is decomposing or is otherwise ineffective. d) Clean out accumulated sediment following every storm event. Do not allow sediment to accumulate higher than one-half the height of the barrier. 4. Wire Reinforced Silt Fence a) Inspect immediately following each rainfall and at least daily during prolonged rainfall. b) Make any required repairs immediately. Give special attention to damage resulting from end-runs and undercutting. c) Replace fabric that is decomposing or is otherwise ineffective. d) Clean out accumulated sediment following every storm event. Do not allow sediment to accumulate higher than one-half the height of the barrier. 5. Storm Drain Inlet Protection a) Inspect immediately following each rainfall and at least daily during prolonged rainfall. b) Remove and clean or replace stone filters that have been clogged with sediment. Make any required repairs immediately c) Remove accumulated sediment as required. Do not allow sediment to accumulate higher than one- half the height of the measure. 6. Culvert Inlet Protection a) Inspect immediately following each rainfall and at least daily during prolonged rainfall. b) Remove and clean or replace stone filters that have been clogged with sediment. Make any required repairs immediately c) Remove accumulated sediment as required. Do not allow sediment to accumulate higher than one- half the height of the measure. 7. Temporary Diversion Dike a) Inspect immediately following each rainfall and at least daily during prolonged rainfall. Inspect at least once every two weeks, whether or not it has rained. Make any necessary repairs immediately.
EROSION CONTROL 31 2500 - 4 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
b) Repair damages caused by construction activities by the end of each working day. 8. Temporary Fill Diversion a) Review measure at the end of each working day to ensure its effective operation. 9. Diversion a) Inspect diversion following every rainfall and at least once every two weeks. b) Remove accumulated sediment and make repairs as necessary. c) Re-seed as necessary to maintain vegetative cover. 10. Temporary Sediment Trap a) Remove sediment and restore the trap to its original dimensions once the sediment accumulates to the cleanout level. Refer to the drawings for the appropriate cleanout level elevations. b) Any pumping shall be discharged through an approved dewatering structure. c) Remove and clean or replace stone choked with sediment. d) Regularly check the structure to ensure that it is structurally sound. Immediately repair any damage discovered. 11. Temporary Slope Drain a) Inspect the temporary slope drains weekly and following every storm event. Immediately make any necessary repairs to ensure a free flow through the pipe. 12. Outlet Protection a) Inspect outlet protection following every storm event. Re-lay riprap as necessary to prevent concentrated flow from running across the outlet protection. 13. Riprap a) Inspect riprap following every storm event. Re-lay riprap as necessary to prevent concentrated flow from running under or around the riprap. b) Clean out accumulated sediment from the riprap. 14. Rock Check Dams a) Inspect immediately following each rainfall and at least daily during prolonged rainfall. b) Remove and clean or replace stone that has been clogged with sediment. c) Inspect for evidence of by-pass flows. Make any required repairs immediately d) Remove accumulated sediment as required. Do not allow sediment to accumulate higher than one- half of the height of the dam. 15. Dewatering Structure a) Repair or replace the filtering media to prevent sediment accumulation from affecting the filtering capacity of the structure. 16. Temporary Seeding a) Re-seed and mulch areas where cover is inadequate to protect against erosion until adequate cover is obtained. C. Remove accumulated sediment as required and at appropriate intervals to maintain the effective function of all erosion control measures. D. Inspect, repair and remove accumulated sediment from erosion control measures following significant (greater than ½”) rainfall events. E. If erosion control measures become clogged, causing the impoundment of water, restore the measures immediately. Ponded water poses a potential drowning hazard and shall be relieved immediately by either
EROSION CONTROL 31 2500 - 5 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
pumping (through an approved dewatering structure) or by removal of the blockage.
3.3 REMOVAL OF EROSION CONTROL MEASURES A. Remove all temporary erosion control measures following the stabilization of the site. Do not remove erosion control measures until authorized by Alleghany County. B. Topsoil, permanently seed and stabilize areas occupied by erosion control measures.
END OF SECTION 31 2500
EROSION CONTROL 31 2500 - 6 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
SECTION 32 1216 - ASPHALT PAVEMENT
PART 1 - GENERAL
1.1 RELATED DOCUMENTS A. The provisions of the Contract Documents apply to the work stipulated in this Section.
1.2 SUMMARY A. This Section includes the following: 1. Hot-mix asphalt paving over prepared subbase. 2. Hot-mix asphalt patching and overlays (e.g. coal tar sealant).
1.3 SUBMITTALS A. Job-Mix Designs: Certification, by authorities having jurisdiction, of approval of each job mix proposed for the Work. B. Material Certificates: Certificates signed by manufacturers certifying that each material complies with requirements. C. Traffic Maintenance and Work Area Protection Plan: Submit a plan indicating sequencing and measures to be used for the maintenance and protection of traffic during operations within or immediately adjacent to existing roadways open to vehicular traffic. The Architect and the Owner must approve this plan prior to commencement of work at the school.
1.4 QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced installer who has completed hot-mix asphalt paving similar in material, design, and extent to that indicated for this Project and with a record of successful in- service performance. B. Asphalt paving materials and installation shall conform to the requirements of the latest edition of the Virginia Department of Transportation (VDOT) Road and Bridge Specifications and Road and Bridge Standards.
1.5 PROJECT CONDITIONS A. Environmental Limitations: Do not apply asphalt materials if substrate is wet or excessively damp or if the following conditions are not met: 1. Prime and Tack Coats: Minimum ambient temperature of 50° F, and when temperature has not been below 35° F for 12 hours immediately prior to application. 2. Asphalt Base Course: Minimum surface temperature of 40° F and rising at time of placement. 3. Asphalt Surface Course: Minimum surface temperature of 40° F and rising at time of placement.
1.6 TESTING AND INSPECTION A. The Owner’s testing agency will observe the asphalt placement in the parking lots and on-site areas on school property.
ASPHALT PAVEMENT 32 1216 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
PART 2 - PRODUCTS 2.1 ASPHALT-AGGREGATE MIXTURE A. General: Provide plant-mixed, hot-laid asphalt-aggregate mixture complying with the requirements of the latest edition of the VDOT Road and Bridge Specifications and as recommended by local paving authorities to suit project conditions.
2.2 ASPHALT MATERIALS A. Tack Coat: Emulsified asphalt, of suitable grade and consistency for application, conforming to the latest edition of the Virginia Department of Transportation (VDOT) Road and Bridge Specifications. B. Prime Coat: Asphalt emulsion prime conforming to the latest edition of the Virginia Department of Transportation (VDOT) Road and Bridge Specifications.
2.3 AUXILIARY MATERIALS A. Paving Geotextile: Non-woven polypropylene, specifically designed for paving applications, resistant to chemical attack, rot, and mildew.
PART 3 - EXECUTION
3.1 EXAMINATION A. Verify that subgrade is dry and in suitable condition to support paving and imposed loads. B. Proof-roll subbase using heavy, pneumatic-tired rollers to locate areas that are unstable or that require further compaction. C. Notify Architect in writing of any unsatisfactory conditions. Do not begin paving installation until these conditions have been satisfactorily corrected.
3.2 MAINTENANCE AND PROTECTION OF TRAFFIC A. Utilize flagmen, barricades, warning signs and warning lights as required by the Virginia Work Area Protection Manual.
3.3 PATCHING AND REPAIRS A. Patching: Saw cut perimeter of patch and excavate existing pavement section to sound base.
B. Recompact new subgrade. Excavate rectangular or trapezoidal patches, extending 12 inches into adjacent sound pavement, unless otherwise indicated. Cut excavation faces vertically. 1. Tack coat faces of excavation and allow to cure before paving. 2. Fill excavation with dense-graded, hot-mix asphalt base mix and, while still hot, compact flush with adjacent surface. C. Leveling Course: Install and compact leveling course consisting of dense-graded, hot-mix asphalt surface course to level sags and fill depressions deeper than 1 inch in existing pavements. 1. Install leveling wedges in compacted lifts not exceeding 3 inches thick. D. Crack and Joint Filling: Remove existing filler material from cracks or joints to a depth of 1/4 inch. Refill with asphalt joint-filling material to restore watertight condition. Remove excess filler that has accumulated near cracks or joints.
ASPHALT PAVEMENT 32 1216 - 2 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
E. Tack Coat: Apply uniformly to existing surfaces of previously constructed asphalt or Portland cement concrete paving and to surfaces abutting or projecting into new, hot-mix asphalt pavement. Apply at a uniform rate of 0.05 to 0.15 gal./sq. yd. of surface. 1. Allow tack coat to cure undisturbed before paving. 2. Avoid smearing or staining adjoining surfaces, appurtenances, and surroundings. Remove spillage and clean affected surfaces.
3.4 SURFACE PREPARATION A. General: Immediately before placing asphalt materials, remove loose and deleterious material from substrate surfaces. Ensure that prepared subgrade is ready to receive paving. B. Sweep loose granular particles from surface of unbound-aggregate base course. Do not dislodge or disturb aggregate embedded in compacted surface of base course. C. Prime Coat: For asphalt sections less than 4” thick, apply uniformly over surface of compacted-aggregate base at a rate of 0.15 to 0.50 gal./sq. yd. Apply enough material to penetrate and seal, but not flood, surface. Allow prime coat to cure for 24 hours minimum. 1. If prime coat is not entirely absorbed within 24 hours after application, spread sand over surface to blot excess asphalt. Use just enough sand to prevent pickup under traffic. Remove loose sand by sweeping before pavement is placed and after volatiles have evaporated. 2. Protect primed substrate from damage until ready to receive paving.
3.5 GEOTEXTILE INSTALLATION A. Apply bond coat, consisting of asphalt cement, uniformly to existing surfaces at a rate of 0.20 to 0.30 gal./sq. yd. B. Place paving geotextile promptly according to manufacturer's written instructions. Broom or roll geotextile smooth and free of wrinkles and folds. Overlap longitudinal joints 4 inches and transverse joints 6 inches. 1. Protect paving geotextile from traffic and other damage and place overlay paving the same day.
3.6 HOT-MIX ASPHALT PLACING A. Machine place hot-mix asphalt mix on prepared surface, spread uniformly, and strike off. Place asphalt mix by hand to areas inaccessible to equipment in a manner that prevents segregation of mix. Place each course to required grade, cross section, and thickness, when compacted. 1. Place hot-mix asphalt base course in number of lifts and thickness indicated. 2. Spread mix at minimum temperature of 225° F. B. Place paving in consecutive strips not less than 10 feet wide, except where infill edge strips of a lesser width are required. 1. After first strip has been placed and rolled, place succeeding strips and extend rolling to overlap previous strips. Complete asphalt base course for a section before placing intermediate or surface courses. C. Promptly correct surface irregularities in paving course behind paver. Use suitable hand tools to remove excess material forming high spots. Fill depressions with hot-mix asphalt to prevent segregation of mix, and use suitable hand tools to smooth surface.
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3.7 JOINTS A. Construct joints between old and new pavement, or between successive days work, to ensure continuous bond between adjoining paving sections. Construct joints free of depressions with same texture and smoothness as other sections of hot-mix asphalt course. 1. Clean contact surfaces and apply tack coat. 2. Offset longitudinal joints in successive courses a minimum of 6 inches. 3. Offset transverse joints in successive courses a minimum of 24 inches. 4. Construct transverse joints as required by the VDOT Road and Bridge Specifications. 5. Compact joints as soon as hot-mix asphalt will bear roller weight without excessive displacement.
3.8 COMPACTION A. General: Begin compaction as soon as placed hot-mix paving will bear roller weight without excessive displacement. Compact hot-mix paving with hot, hand tampers or vibratory-plate compactors in areas inaccessible to rollers. 1. Complete compaction before mix temperature cools to 185° F. B. Breakdown Rolling: Accomplish breakdown or initial rolling immediately after rolling joints and outside edge. Examine surface immediately after breakdown rolling for indicated crown, grade, and smoothness. Repair surfaces by loosening displaced material, filling with hot-mix asphalt, and re-rolling to required elevations. C. Intermediate Rolling: Begin intermediate rolling immediately after breakdown rolling, while hot-mix asphalt is still hot enough to achieve indicated density. Continue rolling until hot-mix asphalt course has been uniformly compacted to the following density: 1. Average Density: 95 percent of reference laboratory density according to ASTM D 1559. D. Finish Rolling: Finish roll paved surfaces to remove roller marks while hot-mix asphalt is still warm. Surface course average density shall be 95 percent of reference laboratory density. E. Edge Shaping: While surface is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while still hot, with back of rake or smooth iron. Compact thoroughly using tamper or other satisfactory method. Edges adjacent to curbs and curb and gutter sections shall be flush with the edge of concrete. F. Repairs: Remove paved areas that are defective or contaminated with foreign materials. Remove paving course over area affected and replace with fresh, hot-mix asphalt. Compact by rolling to specified density and surface smoothness. G. Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. H. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked.
3.9 INSTALLATION TOLERANCES A. Thickness: Compact each course to produce the thickness indicated within the following tolerances: 1. Base Course: Plus or minus 1/2 inch. 2. Surface Course: Plus 1/4 inch, no minus. B. Surface Smoothness: Compact each course to produce a surface smoothness within the following tolerances as determined by using a 10-foot straightedge applied transversely or longitudinally to paved areas: 1. Base Course: 1/4 inch. 2. Surface Course: 3/16 inch.
3. Crowned Surfaces: Test with crowned template centered and at right angle to crown. Maximum allowable variance from template is 1/4 inch.
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C. Check surface areas at intervals as directed by Architect.
3.10 ASPHALT PAVEMENT OVERLAY A. Perform milling at edges of the limits of the asphalt overlay to ensure a smooth transition between the old and new pavement surfaces. B. Engage the Owner’s qualified independent testing agency to perform a field inspection on the existing subgrade and make repairs as required. C. Apply coating and pavement surfaces as required.
3.11 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified independent testing agency to perform field inspections and tests and to prepare test reports. 1. Testing agency will conduct and interpret tests and state in each report whether tested Work complies with or deviates from requirements. B. Additional testing, at Contractor's expense, will be performed to determine compliance of corrected Work with requirements. C. Remove and replace or install additional hot-mix asphalt where test results or measurements indicate that it does not comply with requirements.
END OF SECTION 32 1216
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SECTION 32 9200 - LAWNS AND GRASSES
PART 1 - GENERAL
1.1RELATED DOCUMENTS A. The provisions of the Contract Documents apply to the work of this Section.
1.2SUMMARY A. This Section includes the following: 1. Fine grading and preparing lawn areas (including courtyards) 2. Topsoil Placement 3. Soil amendments 4. Fertilizers 5. Seeding 6. Sodding 7. Lawn Restoration
1.3DEFINITIONS A. Finish Grade: Elevation of finished surface of planting soil. B. Lawns: All areas disturbed by construction and not otherwise covered by paving, buildings or other structures.
1.4SUBMITTALS A. Certification by product manufacturer that the following products supplied comply with requirements: 1. Grass Seed a) Certification of grass seed from seed vendor for each grass-seed mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging. b) Blue Tag Certification tag for each bag of seed. 2. Sod a) Gold Tag Certification. B. Installers qualifications 1. Provide a list, with references, of the past three projects of a similar magnitude. C. Topsoil Amendment Plan. 1. Provide copy of topsoil testing report. 2. List of amendments proposed for topsoil, including application rates.
LAWNS AND GRASSES 32 9200 - 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
1.5QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced installer, who has successfully completed lawn establishment projects similar in size and complexity to this project. The installer’s primary business (defined as a minimum of 60% of total billings) shall be establishment of lawns.
1.6DELIVERY, STORAGE, AND HANDLING A. Seed: Deliver seed in original sealed, labeled, and undamaged containers. B. Sod: Harvest, deliver, store and handle sod according to the requirements of the American Sod Producers Association (ASPA) “Specifications for Turfgrass Sod Materials and Transplanting/Installing”.
1.7COORDINATION AND SCHEDULING A. Planting Season: Sow lawn seed during normal planting seasons for type of lawn work required. 1. Spring Planting Season: March 15 through May 15 2. Fall Planting Season: September 15 through November 15 B. Weather Limitations: Proceed with planting only when existing and forecast weather conditions are suitable for work. C. Lawn Seeding Schedule 1. Refer to the drawings for early seeding requirements for specified lawn areas. 2. If job completion schedule does not allow seeding within a normal planting season, provide interim temporary seeding necessary to stabilize site. Complete permanent seeding during the next planting season.
1.8LIMITS OF SEEDING A. Spread topsoil and seed all lawn areas. B. Hydroseeding is required over the entire project.
1.9LIMITS OF LAWN RENOVATION A. All existing lawn areas disturbed by construction activities. B. The areas under the existing modular buildings removed by the Owner.
1.10LIMITS OF SODDING A. Provide sod in the following areas, and as indicated on the plans: 1. Interior courtyards. 2. The area between the sidewalk and the building.
1.11PAYMENT*PROCEDURES*FOR*LAWNS*AND*GRASSES A. Establish*a*line*item*in*the*Schedule*of*Values*for*Lawn*Maintenance.**This*line*item*shall*represent*a* minimum*of*thirty*percent*(30%)*of*the*total*value*of*the*seeding*for*the*project. B. Lawn*maintenance*will*be*paid*on*a*monthly*basis,*following*the*satisfactory*maintenance*of*the* lawns.
LAWNS AND GRASSES 32 9200 - 2 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
PART 2 – PRODUCTS
2.1 TOPSOIL A. Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of 6 percent organic material content; free of stones 1” or larger in any dimension and other extraneous materials harmful to plant growth. 1. Topsoil Source: Reuse surface soil stockpiled on-site. Verify suitability of stockpiled surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful to plant growth. a) Supplement with imported or manufactured topsoil from off-site sources when quantities are insufficient. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inches (100 mm) deep; do not obtain from agricultural land, bogs or marshes. B. Have* topsoil*tested*by* a*certiTied*soil*testing*laboratory*to*determine*the*type*and*quantity*of*soil* amendments*necessary.*Add*amendments*to*topsoil*as*necessary*to*meet*these*requirements.
2.2 INORGANIC SOIL AMENDMENTS A. If the topsoil analysis indicates the need for inorganic soil amendments, the following standards apply: B. Lime: ASTM C 602, agricultural limestone containing a minimum 80 percent calcium carbonate equivalent and as follows: 1. Class: Class O, with a minimum 95 percent passing through No. 8 (2.36-mm) sieve and a minimum 55 percent passing through No. 60 (0.25-mm) sieve. 2. Provide lime in form of dolomitic limestone. C. Sulfur: Granular, biodegradable, containing a minimum of 90 percent sulfur, with a minimum 99 percent passing through No. 6 (3.35-mm) sieve and a maximum 10 percent passing through No. 40 (0.425-mm) sieve. D. Iron Sulfate: Granulated ferrous sulfate containing a minimum of 20 percent iron and 10 percent sulfur. E. Aluminum Sulfate: Commercial grade, unadulterated. F. Perlite: Horticultural perlite, soil amendment grade. G. Agricultural Gypsum: Finely ground, containing a minimum of 90 percent calcium sulfate. H. Sand: Clean, washed, natural or manufactured, free of toxic materials. I. Diatomaceous Earth: Calcined, diatomaceous earth, 90 percent silica, with approximately 140 percent water absorption capacity by weight. J. Zeolites: Mineral clinoptilolite with at least 60 percent water absorption by weight.
2.3 ORGANIC SOIL AMENDMENTS A. If the topsoil analysis indicates the need for organic soil amendments, the following standards apply: B. Compost: Well-composted, stable, and weed-free organic matter, pH range of 5.5 to 8; moisture content 35 to 55 percent by weight; 100 percent passing through 3/4-inch (19-mm) sieve; soluble salt content of 5 to 10 decisiemens/m; not exceeding 0.5 percent inert contaminants and free of substances toxic to plantings; and as follows: 1. Organic Matter Content: 50 percent of dry weight. 2. Feedstock: Agricultural, food, or industrial residuals; biosolids; yard trimmings; or source-separated or compostable mixed solid waste.
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3. Peat: Finely divided or granular texture, with a pH range of 6 to 7.5, containing partially decomposed moss peat, native peat, or reed-sedge peat and having a water-absorbing capacity of 1100 to 2000 percent. 4. Wood Derivatives: Decomposed, nitrogen-treated sawdust, ground bark, or wood waste; of uniform texture, free of chips, stones, sticks, soil, or toxic materials. 5. Manure: Well-rotted, unleached, stable or cattle manure containing not more than 25 percent by volume of straw, sawdust, or other bedding materials; free of toxic substances, stones, sticks, soil, weed seed, and material harmful to plant growth.
2.4 HERBICIDES A. Selective Herbicides: EPA registered and approved, of type recommended by manufacturer for application.
2.5 FERTILIZER A. Bonemeal: Commercial, raw or steamed, finely ground; a minimum of 4 percent nitrogen and 20 percent phosphoric acid. B. Superphosphate: Commercial, phosphate mixture, soluble; a minimum of 20 percent available phosphoric acid. C. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character, consisting of fast- and slow-release nitrogen, 50 percent derived from natural organic sources of urea formaldehyde, phosphorous, and potassium in the following composition: 1. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in topsoil analysis reports from a qualified soil-testing agency. 2. Minimum Composition: No less than 1 lb/1000 sq. ft. (0.45 kg/92.9 sq. m) of actual nitrogen, 4 percent phosphorous, and 2 percent potassium, by weight.
2.6 SEED A. Grass Seed: All grass seed must be fresh, clean, and dry. B. Seed Species Proportion by Weight Grass Species Min. % Germination Min. % Pure SeedMax. % Weed Seed 10% Kentucky bluegrass (Poa 80 85 0.50 pratensis). 90% Tall Fescue (Festuca 85 98 0.50 arundinacea).
A. Varieties shall be selected from the 2003-2004 list of recommended turfgrass varieties, published by Virginia Tech. B. All seed shall be Blue Tag certified by the Oregon State Seed Laboratory. Tags must be attached to each bag delivered on site.
2.7 TURFGRASS SOD A. Turfgrass Sod: Certified sod, complying with TPI's "Specifications for Turfgrass Sod Materials" in its "Guideline Specifications to Turfgrass Sodding." Comply with ASPA specifications for machine cut thickness, size, strength, moisture content, and mowed height and free of weeds and undesirable native grasses. Provide viable sod of uniform density, color, and texture, strongly rooted, and capable of vigorous growth and development when planted. Provide the following turfgrass species:
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1. 90% Tall Fescue (Festuca arundinacea). 10% Kentucky bluegrass (Poa pratensis) mix. B. All sod shall be Gold Tag certified by the Virginia Crop Improvement Association.
2.8 MULCHES A. Straw Mulch: Provide air-dry, clean, mildew- and seed-free, salt hay or threshed straw of wheat, rye, oats, or barley. B. Peat Mulch: Finely divided or granular texture, with a pH range of 6 to 7.5, containing partially decomposed moss peat, native peat, or reed-sedge peat and having a water-absorbing capacity of 1100 to 2000 percent. C. Compost Mulch: Well-composted, stable, and weed-free organic matter, pH range of 5.5 to 8; moisture content 35 to 55 percent by weight; 100 percent passing through 1-inch (25-mm) sieve; soluble salt content of 5 to 10 decisiemens/m; not exceeding 0.5 percent inert contaminants and free of substances toxic to plantings; and as follows: 1. Organic Matter Content: 50 percent of dry weight. D. Fiber Mulch: Biodegradable, dyed-wood, cellulose-fiber mulch; nontoxic; free of plant-growth or germination inhibitors; with maximum moisture content of 15 percent and a pH range of 4.5 to 6.5.
2.9 EROSION-CONTROL MATERIALS A. Erosion-Control Fiber Mesh: Biodegradable twisted jute or spun-coir mesh, a minimum of 0.92 lb/sq. yd. (0.5 kg/sq. m), with 50 to 65 percent open area. Include manufacturer's recommended steel wire staples, 6 inches (150 mm) long.
PART 3 - EXECUTION
3.1 EXAMINATION A. Examine areas to receive lawns and grass for compliance with requirements and for conditions affecting performance of the Work. Do not proceed with installation until unsatisfactory conditions have been corrected.
3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs, and plantings from damage caused by planting operations. B. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways. C. Protect adjacent and adjoining areas from hydroseed overspraying.
3.3 TOPSOIL PLACEMENT FOR LAWNS A. Limit subgrade preparation to areas that will be planted in the immediate future. B. Loosen subgrade to a minimum depth of 4 inches. Remove stones, sticks and roots larger than 2 inches in any dimension from subgrade. Completely remove trash and other extraneous debris from subgrade. C. Have topsoil tested by a certified soil testing laboratory to determine the type and quantity of soil amendments necessary.
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D. Sift topsoil to remove stones and other objects larger than 1” in any dimension. Maximum object size for topsoil shall be achieved by sifting not by hand removal or raking following placement of topsoil. E. Mix soil amendments and fertilizers with topsoil at rates required by soil testing. Delay mixing fertilizer if planting does not follow placing of planting soil within 4 days. Either mix soil before spreading or apply soil amendments on surface of spread topsoil and mix thoroughly into top 4 inches (100 mm) of topsoil before planting. F. Mix lime with dry soil prior to mixing fertilizer. G. Spread topsoil to a minimum depth of six inches (6”).
3.4 SEEDING LAWNS A. Sow seed with a spreader or a seeding machine. Do not broadcast or drop seed when wind velocity exceeds 5 mph (8 km/h). Evenly distribute seed by sowing equal quantities in 2 directions at right angles to each other. B. Do not use wet seed or seed that is moldy or otherwise damaged in transit or storage. C. Sow seed at the following rates: 1. Seeding Rate: 200 lbs./acre. D. Rake seed lightly into top 1/4 inch of topsoil, roll lightly, and water with fine spray. E. Hydroseed all slopes 3:1 or steeper. F. Protect seeded areas 3:1 slope/grade or steeper against erosion by providing erosion-control blankets installed and stapled according to manufacturer's recommendations. G. Protect seeded areas less than 3:1 slope/grade against erosion by spreading straw mulch after completion of seeding operations. Spread uniformly at a minimum rate of 2 tons per acre (45 kg per 100 sq. m) to form a continuous blanket 1-1/2 inches (38 mm) loose depth over seeded areas. Spread by hand, blower, or other suitable equipment. 1. Anchor straw mulch by crimping into topsoil by suitable mechanical equipment.
3.5 SODDING NEW LAWNS A. Lay sod within 24 hours of stripping. Do not lay sod if dormant or if ground is frozen. B. Lay sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod; do not stretch or overlap. Stagger sod strips or pads to offset joints in adjacent courses. Avoid damage to subgrade or sod during installation. Tamp and roll lightly to ensure contact with subgrade, eliminate air pockets, and form a smooth surface. Work sifted soil or fine sand into minor cracks between pieces of sod; remove excess to avoid smothering sod and adjacent grass. C. Lay sod across angle of slopes exceeding 3:1. D. Anchor sod on slopes exceeding 6:1 with wood pegs spaced as recommended by sod manufacturer but not less than two anchors per sod strip to prevent slippage. E. Saturate sod with fine water spray within 2 hours of planting. During first week, water daily or more frequently as necessary to maintain moist soil to a minimum depth of 1-1/2 inches below sod.
3.6 LAWN RENOVATION A. Renovate existing lawn. Limits of existing lawn to be renovated are indicated on the drawings. B. Renovate existing lawn damaged by Contractor's operations, such as storage of materials or equipment and movement of vehicles. 1. Reestablish lawn where settlement or washouts occur or where minor regrading is required.
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C. Remove sod and vegetation from diseased or unsatisfactory lawn areas; do not bury in soil. D. Remove topsoil containing foreign materials resulting from Contractor's operations, including oil drippings, fuel spills, stone, gravel, and other construction materials, and replace with new topsoil. E. Mow, de-thatch, core aerate, and rake existing lawn. F. Remove weeds before seeding. Where weeds are extensive, apply selective herbicides as required. Do not use pre-emergence herbicides. G. Remove waste and foreign materials, including weeds, soil cores, grass, vegetation, and turf, and legally dispose of them off Owner's property. H. Till stripped, bare, and compacted areas thoroughly to a soil depth of 6 inches. I. Apply soil amendments and initial fertilizers required for establishing new lawns and mix thoroughly into top 4 inches of existing soil. Provide new planting soil to fill low spots and meet finish grades. J. Apply seed and protect with straw mulch as required for new lawns. K. Water newly planted areas and keep moist until new lawn is established.
3.7 MAINTENANCE OF NEW LAWNS A. Begin maintenance of lawns immediately after each area is planted and continue until acceptable lawn is established. Maintain seeded lawns until Substantial Completion. Maintain all grassed areas as necessary to ensure a satisfactory lawn is achieved at Substantial Completion. B. Maintain and establish lawns by watering, fertilizing, weeding, mowing, trimming, replanting, and other operations. Roll, regrade, and replant bare or eroded areas and remulch to produce a uniformly smooth lawn. 1. Replant bare areas with same materials as for lawns. 2. Replace disturbed mulch. C. Watering: Provide and maintain temporary hoses, and lawn-watering equipment to convey water from a water source to keep lawns uniformly moist to a depth of 4 inches. 1. Provide a source of water for irrigation. Utilize temporary irrigation meters, a well or water trucks as necessary for the water source. 2. Water seeded areas as necessary to promote vigorous growth of grass but at the minimum rate of 1 inch per week. 3. Water sodded areas per the requirements of the grower. Maintain moist soil to a depth of at least four inches. D. At a minimum, the following fertilizer applications are required: 1. By November 30th, apply 15-5-10 commercial fertilizer at the rate of 200 lbs. per acre over all seeded and sodded areas. 2. By March 30th, apply 15-5-10 commercial fertilizer at the rate of 350 lbs. per acre over all seeded and sodded areas. 3. By November 30th, apply 15-5-10 commercial fertilizer at the rate of 200 lbs. per acre and apply lime at 2000 lbs. per acre over all seeded and sodded areas. 4. Provide written acknowledgement that this requirement has been met prior to requesting Substantial Completion. E. Mow lawns as soon as there is enough top growth to cut with mower set at indicated height. Repeat mowing as required to maintain indicated height without cutting more than 40 percent of the grass height (minimum of 3 mowings). Remove no more than 40 percent of grass-leaf growth in initial or subsequent mowings. Do not delay mowing until grass blades bend over and become matted. Do not mow when grass is wet. Schedule initial and subsequent mowings to maintain following grass height:
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1. Mow grass to a finished height of 2 to 3 inches high. F. Apply pre-emergent herbicide to lawns areas. Apply 60 – 90 days after planting.
3.8 SATISFACTORY LAWN A. Seeded lawns shall be considered satisfactory/acceptable provided requirements, including maintenance, have been met and a healthy, uniform, close stand of grass is established, free of weeds, bare spots exceeding 5 by 5 inches (125 by 125 mm), and surface irregularities. B. Sodded lawns shall be considered satisfactory/acceptable provided requirements, including maintenance, have been met and a healthy, well-rooted, even-colored, viable lawn is established, free of weeds, open joints, bare areas and surface irregularities. C. Replant lawns that do not meet requirements and continue maintenance until lawns are satisfactory/ acceptable. D. Substantial Completion of the building and the remainder of the project may be achieved (pending prior Architect and Owner approval) before achieving a satisfactory/acceptable lawn. Continue to replant and maintain unsatisfactory/unacceptable lawn areas until acceptance is obtained. Warranties for lawns shall begin at the time of acceptance of the lawn.
3.9 CLEANUP AND PROTECTION A. Promptly remove soil and debris created by lawn work from sidewalks and paved areas. Clean wheels of vehicles before leaving site to avoid tracking soil onto surface of roads, walks, or other paved areas. B. Erect barricades and warning signs as required to protect newly planted areas from traffic. Maintain barricades throughout maintenance period until lawn is established.
END OF SECTION 32 9200
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SECTION 33 3000 SANITARY SEWERAGE
PART 1 GENERAL
1.1 RELATED DOCUMENTS A. The provisions of the Contract Documents apply to the work of this Section. B. Reference Specifications are referred to by abbreviation as follows: 1. American National Standards Institute ANSI 2. American Society for Testing and Materials ASTM 3. American Water Works Association AWWA 4. National Bureau of Standards NBS 5. Virginia Department of Transportation VDOT 6. Virginia Department of Health VDH
1.2 SUMMARY A. This Section includes sanitary sewerage system piping and appurtenances between the tie-in connection points of the existing municipal wastewater system.
1.3 SUBMITTALS A. Submit shop drawings and/or product data for the following: 1. Pipe and pipe lining 2. Fittings 3. Special Pipe Couplings 4. Manholes and Accessories a) Flexible pipe connectors b) Frame and covers c) Adjusting rings d) Entry seals e) Vent piping f) Frame-to-manhole sealant g) Steps h) Exterior coatings i) Interior protective linings and coatings 5. Detectable Marking Tape 6. Cleanouts 7. Bedding Stone (VDOT approved job-mix formula) B. Certification provided by the contractor that all materials and sewage piping have been tested and meet the provisions of the contract documents.
SANITARY SEWERAGE 33 3000 – 1 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
1.4 QUALITY ASSURANCE A. Environmental Compliance: Comply with applicable portions of local environmental agency regulations pertaining to sanitary sewerage systems, and to the requirements of the latest edition of the Virginia Erosion and Sediment Control Handbook for erosion control during installation.
1.5 DELIVERY, STORAGE, AND HANDLING A. Delivery: Prepare materials for shipping and transsport as follows: 1. Ensure materials are dry and internally protected against rust and corrosion. 2. Protect materials against damage to threaded ends, flange faces, pipe belts and spigots, and coatings. 3. Set materials in best position for handling to prevent rattling. B. Storage: Use the following precautions for materials during storage: 1. Do not remove end protectors unless necessary for inspection, and reinstall for storage. 2. Protect materials from weather, moisture and dirt. If outdoor storage is necessary, elevate and support materials off the ground or pavement in watertight enclosures. 3. Store pipe in accordance with manufacturer’s recommendations. Do not store plastic structures, pipe, and fittings in direct sunlight. Support materials to prevent sagging and bending. C. Handling: Handle materials on-site to prevent damage. 1. Handle materials to prevent interior and exterior coating and pipe-end damage, and to prevent the entrance of dirt, debris, and moisture. 2. Handle pre-cast concrete manholes and other structures according to manufacturer’s written rigging instructions. 3. If any portion of piping and fittings is damaged, repairs should be made in accordance with manufacturer’s recommendations prior to installation.
1.6 PROJECT CONDITIONS A. Site Information: Perform site survey to verify existing utility locations. Verify that sanitary sewerage system piping may be installed in compliance with the design and referenced standards. B. Locate existing structures and piping to be closed and abandoned. C. Existing Utilities: The location of existing utilities, including underground utilities, is indicated on the drawings insofar as their existence and location were known at the time of preparation of the drawings. However, nothing in these Contract Documents shall be construed as a guarantee that such utilities are in the location indicated or that they actually exist, or that other utilities are not within the area of operations. The Contractor shall make all necessary investigations to determine the existence and locations of such utilities far enough in advance of pipe laying to allow for adjustments due to conflicts in the horizontal and vertical positions of the pipeline. 1. Do not proceed with utility interruptions without receiving Architect’s written permission. 2. Notify Architect not less than 48 hours in advance of proposed utility interruptions. 3. Do not interrupt existing utilities serving facilities occupied by others except when permitted by the utility owner and after arranging to provide acceptable temporary utility services. 4. Existing utilities across or along the line of work are indicated only in an appoximate location. Locate all underground lines and structures. Call “Miss Utility” at 1-800-552-7001 prior to construction. If utilities are marked that are not shown on the plans, locate utility vertically and horizontally and provide information to architect. The contractor shall pay for any damage to and for maintenance and protection of existing utilities and structures. D. Connections to Existing System:
SANITARY SEWERAGE 33 3000 – 2 Rosedale Sanitary Sewer Replacement Project Alleghany County, VA
1. Before the start of the construction, the Contractor shall dig test pits on all crossings of and connections to the existing system, as applicable, to determine the existing system location, size, and piping material. If the location, size, and piping material differs from that shown on the Drawings, notify Engineer immediately. 2. The Contractor shall make connections to the existing system under a pressure or non-pressure condition, as indicated, complying with the system owner’s requirements for the time of day such work can be done. The Contractor shall pay all costs associated with the connections unless otherwise indicated. If the system owner performs the work, the Contractor shall arrange for the work to be done. 3. Valves are to be operated only by the Owner.
1.7 SEQUENCING AND SCHEDULING A. Coordinate with interior building sanitary drainage piping. B. Coordinate with other utility work. C. Utility interruptions shall be coordinated with local utility provider. Written notice 48 hours in advance of utility interruption shall be provided to all affected customers.
PART 2 PRODUCTS
2.1 PIPE AND PIPE LINING A. General: Provide pipe materials and fittings compatible with each other. B. Gravity Sewer Pipe: 1. Polyvinylchloride (PVC) Sewer: a) Polyvinylchloride (PVC) non-pressure pipe (4” - 15”) shall meet requirements of ASTM D3034, Type PSM, SDR-35 with elastomeric gasket joints meeting requirements of ASTM D3212. Bedding shall be as shown on the construction plans. 2. Ductile Iron (DI) Sewer: a) Ductile iron (DI) non-pressure pipe shall meet requirements of AWWA C151. Pipe shall be thickness Class 52. Pipe shall have cement-mortar lining and a bituminous seal coat. Thickness classes shall meet requirement of AWWA C150. b) Mechanical joints and jointing material shall meet requirements of AWWA/ANSI C111/A21.11. c) Flanged joints for ductile iron pipe shall meet requirements of ANSI B16.1. Flanged joint gaskets shall be full face, made of 1/16-inch thick rubber, and shall meet the requirements of ANSI B16.21. d) Push on joint and rubber gasket shall meet requirements of AWWA C111. e) Cement mortar lining with bituminous seal coat for ductile iron pipe and fittings shall meet requirements of AWWA/ANSI C104/A21.4. f) Cement mortar lining shall be standard thickness. g) Exterior, bituminous coating for ductile iron pipe shall meet requirements of AWWA/ANSI C106/ A21.6 or AWWA/ANSI C151/A21.51 as applicable.
2.2 FITTINGS A. General: Provide pipe fitting materials compatible with each other. B. Polyvinylchloride (PVC) Gravity Sewer:
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1. Polyvinylchloride (PVC) non-pressure fittings (4” - 15”) shall meet requirements of ASTM D3034, Type PSM, SDR-35 with elastomeric gasket joints meeting requirements of ASTM D3212. C. Ductile Iron (DI) Gravity Sewer: 1. Fittings shall be ductile iron. Ductile iron fittings shall meet requirements of AWWA C110. Pressure ratings shall be a minimum of 350 psi for all fittings. Fittings shall have cement-mortar lining and a bituminous seal coat. 2. Gaskets: ASTM F 477, elastomeric seal. 3. Standard-Pattern, Ductile-Iron Fittings: AWWA C110, for push-on joints. 4. Compact-Pattern, Ductile-Iron Fittings: AWWA C153, for push-on joints. 5. Fitting Interior Coating: AWWA C104, asphaltic-material seal coat, minimum 1-mil (0.025-mm) thickness. 6. Mechanical joints and jointing materials shall meet requirements of AWWA C111. a) Mechanical joint retainer glands shall meet requirements of AWWA C111. Retainer gland shall be fitted with setscrews. b) Metal harness shall be galvanized rods and clamps as detailed on Drawings. c) Provide systems called for (or equals) as required on the drawings for restrained joints on aerial pipe. D. Sewer Saddles: 1. Applies to taps for service lines of 4 inches or 6 inches on main line pipe up to 12 inches. 2. Straps shall be stainless steel, 24-gage, 2.5 inches wide 3. Nuts and bolts shall be stainless steel, 3/8-inch diameter. 4. Saddle shall be coated cast iron, with tubular rubber gasket. 5. Adapter compatible with service line shall be secured to saddle with PVC sleeve. 6. Sewer saddles shall be as manufactured by one of the following manufacturers, or approved equal: a) ROMAC Industries, Inc b) GENCO (The General Engineering Co.) c) Inserta Fittings Company
2.3 SPECIAL PIPE COUPLINGS A. Use flexible pipe couplings where required to join piping and no other appropriate method is specified. Do not use instead of specified joining methods. 1. Use the following pipe couplings for non-pressure applications: a) Sleeve type to join piping, of same size, or with small difference in OD. b) Increaser/reducer-pattern, sleeve type to join piping of different sizes. Sleeve type shall be of the eccentric pattern.
2.4 MANHOLES AND ACCESSORIES A. General 1. Manholes shall be constructed of pre-cast reinforced concrete manhole sections in accordance with the requirements of ASTM C478 and detailed on the construction plans. 2. A maximum of two lift holes per manhole section may be provided.
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3. Provide tongue and groove joints in manhole sections with a preformed groove in the tongue for placement of an O-ring type round, rubber gasket, or Press Seal, Inc.’s Profile RS gasket (or approved equal): a) Gasket shall comply with requirements of ASTM C443. b) Gasket shall seal the joint from either internal or external hydrostatic pressure. B. Flexible Pipe Connectors: Provide flexible pipe connections to manholes, other than acid-resistant manholes, for pipes 24 inches and smaller in size. 1. Materials shall be resistant to water, sewage, acids, ozone, weathering and aging. Connectors shall conform to the requirements of ASTM C923. Use neoprene conforming to ASTM C443 and stainless steel, Series 300. 2. Cast or core drill openings in manholes to receive connectors. Connectors shall be suitable for field repair or replacement. Connectors not suitable for field replacement are unacceptable. 3. The assembled connectors shall allow at least an 11° angular deflection of the pipe and at least one inch of lateral misalignment in any direction and be suitable for a normal variation in diameter or roundness for the pipe material used. 4. Connectors shall be similar to Kor-N-Seal as manufactured by NPC, Inc. or approved equal. C. Frames and Covers: Manhole frames and covers shall be molded of gray cast iron conforming to ASTM A48, Class 30. Castings shall be coated with a coal tar pitch varnish, to which sufficient oil has been added to make a smooth coating that is not tacky or brittle. Seating surfaces between frame and cover shall be machined. Manhole frame and covers shall be as manufactured by one of the following manufacturers, or approved equal:: 1. Street Type a) Neenah Foundry b) Capitol Foundry c) Sigma Corporation d) East Jordan Iron Works 2. Watertight a) Capitol Foundry b) East Jordan Iron Works 3. Vandal Proof a) Neenah Foundry b) Capitol Foundry D. Adjusting Rings: Adjusting rings shall be made of reinforced concrete or HDPE (as manufactured by LadTech, Inc.). Brick, block and mortar construction shall not be permitted in lieu of rings. Rings shall be of required thickness to obtain the desired top elevation and match the diameter of the frame and cover. Any combination of adjustment rings shall not exceed a total thickness of 9 inches. E. Entry Seals: Entry seals shall be furnished on all sanitary sewer manholes. Entry seals may be installed on the interior of the manhole using Cretex Specialty Products’ “Chimney Seal” or on the exterior of the manhole using Canosa’s “Wrapid Seal,” or approved equivalents. F. Vent Piping: Vent piping shall be installed in accordance with the details shown on the construction drawings. F. Frame-to-Manhole Sealant: Sealant for manhole frames shall be a one-component polyurethane sealant similar to Sika “Sikaflex” Type 1a or approved equal. G. Steps: Manhole steps shall be corrosion-resistant and shall be one-half inch grade 60 steel reinforcing rod encapsulated in a copolymer polypropylene. The steps shall conform with ASTM C478 paragraph 11 and to the dimensions shown on the Standard Details.
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H. Exterior Coating: Exterior of manhole to be coated with bitumastic waterproofing.
2.5 DETECTABLE MARKING TAPE A. Detectable marking tape shall be installed above all gravity sewer (including all service laterals). B. Plastic marking tape shall consist of one layer of aluminum foil laminated between two layers of inert plastic film. Tape shall be resistant to alkalis, acids and other destructive agents commonly found in the soil. The laminate shall be strong enough that the layers cannot be separated by hand. C. Tape shall be a minimum of 4-1/2 mils thick with a minimum tensile strength of 60 lbs. in the machine direction and 58 lbs. in the transverse direction per 3" wide strip. Tape color shall be APWA Color Coded for marking the particular utility line and shall be imprinted with a continuous warning message to indicate the type of utility being marked, the message normally being repeated every 16” to 36". Tape shall be inductively locatable and conductively traceable using a standard pipe and cable-locating device. Tape shall be 3" wide Terra Tape "Sentry Line Detectable 620," or approved equivalent.
2.8 CLEANOUTS D. General: Provide cast-iron ferrule and countersunk brass cleanout plug, with round cast-iron access frame heavy-duty, secured, scoriated cast-iron cover. E. Sewer pipe fitting and riser to cleanout shall be the same material as the run of pipe for which it serves, and shall be double-sweep clean-outs.
PART 3 – EXECUTION
3.1. SEPARATION OF WATER LINES AND SANITARY SEWERS A. Follow State Health Department Standards for the separation of sanitary sewer and water distribution systems. B. Parallel Installation 1. Normal Conditions - Sewer lines and manholes shall be constructed at least 10 feet horizontally from a waterline whenever possible. The distance shall be measured edge-to-edge. 2. Unusual Conditions - When local conditions prevent a horizontal separation of at least 10 feet, then maximum horizontal separation shall be provided with vertical separation of bottom of waterline at least 18 inches above top of sewer. Where this vertical separation cannot be obtained, the sewer shall be constructed of AWWA approved water pipe pressure-tested in place to 5 psi without leakage prior to backfilling. The sewer manhole shall be of watertight construction and tested in place. C. Crossing: 1. Normal Conditions - Sewers crossing under waterlines shall be laid to provide a separation of at least 18 inches between the bottom of the waterline and the top of the sewer whenever possible. 2. Unusual Conditions - When local conditions prevent a vertical separation described in Crossing, Normal Conditions, paragraph above, the following construction shall be used:
a) Sewers passing over or under waterlines shall be constructed of ductile iron pipe with mechanical joints as described in Parallel Installation, Unusual Conditions above. b) Sewers passing over waterlines shall be laid to provide: i. Adequate structural support for the sewers to prevent excessive deflection of the joints and settling on and breaking waterline. ii. Maximum separation of water and sewer line joints. D. Sanitary and/or combined sewers or sewer manholes - No water pipes shall pass through or come in contact with any part of a sewer or sewer manhole.
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3.2. EXCAVATING AND BACKFILLING A. Excavation, trenching, backfilling and bedding for all piping specified herein shall conform to the applicable requirements of Section 02350 (Trenching and Backfilling) and/or to details shown on the construction plans. B. Remove any and all materials encountered in the course of excavating for all underground utility systems. After the pipe is in place, backfill with suitable material, free from frozen earth, rocks, and organic materials. 1. Provide all necessary shoring required for the protection of excavations, existing utilities and workmen and do all necessary pumping required to keep excavation and pipe free from water from any source at all times. 2. Provide sufficient barricades adjacent to excavations to safeguard against injury to workmen and the public. Provide and maintain sufficient warning lanterns at walks, roadways, and parking areas to provide safety at all times. 3. Where roots of live trees are encountered in excavations, they shall be carefully protected during construction. 4. Exercise special care in backfilling trenches to guard against disturbing the joints. 5. Remove and dispose of any material not used for backfill. C. Removal of subsurface obstructions which are uncovered during excavation for installation of the sanitary sewer systems shall be by the Contractor at his expense. This shall include removal of existing concrete or brick from existing building foundations, footings, abandoned utility piping, wires, structures, rock boulders, etc., which may not be visible from surface investigations before construction, but will interfere with new installations. If such obstructions are encountered, they shall be removed two feet from around the area of new work and the excavation backfilled with a suitable material as specified.
3.3. PIPE HANDLING A. Take all precautions to ensure that pipe, fittings, and related items are not damaged in unloading, handling and placing in trench. Examine each piece of material just prior to installations to determine that no damage has occurred. Remove any damaged material from the site and replace with undamaged material. B. Keep pipe clean. Exercise care to keep foreign material and dirt from entering pipe during storage, handling and placing in trench. Close ends of in-place pipe at the end of any work period to prevent entry of animals and foreign material. C. Survey Line and Grade 1. Line and grade hubs shall be set by a registered surveyor, maintained by the Contractor, and the Architect provided with cut-sheets. 2. Contractor shall have level or transit in good working order on the job set up at all times to periodically check line and grade of pipe.
3.4. GRAVITY SEWER PIPE LAYING A. Laying of sewer pipe shall be accomplished to line and grade as indicated on the contract drawings and in the trench only after it has been dewatered and the foundation and/or bedding has been prepared. Mud, silt, gravel, and other foreign material shall be kept out of the pipe and off the jointing surfaces. Do not lay pipe when weather or trench conditions are unsuitable. B. Pipe and fittings shall be strung out along the route of construction with the bells facing in the direction in which the work is to proceed. Pipe shall be placed where it will cause the least interference with traffic. Laying of the pipe shall be commenced immediately after the excavation is started and every means must be used to keep pipe laying closely behind the trenching. The Engineer may stop the trenching when, in his opinion, the trench is open too far in advance of the pipe laying operation. The bottom of the sewer trench
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shall be shaped to give substantially uniform circumferential support to the lower on-third of each pipe. Holes shall be scooped out where the bells occur leaving the entire barrel of the pipe bearing on the pipe bed. C. All pipe laid shall be retained in position so as to maintain alignment and joint closure until sufficient backfill has been completed to adequately hold the pipe in place. All pipe shall be laid to conform to the prescribed line and grade shown on the contract drawings. After completion the pipe shall exhibit a full circle of light at one manhole when viewed from the next. D. The sewer pipe shall be laid upgrade from point of connection to the existing sewer or from a designated starting point. If the starting point is at an existing stub, it shall be removed and a full length of pipe installed. The sewer pipe shall be installed with the bell end forward or upgrade. When pipe laying is not in progress, the forward end of the pipe shall be kept tightly closed with a water tight plug or cap. When the upstream end of a sewer does not terminate at a manhole, it shall be plugged and its location marked in a manner approved by the Inspector. E. The pipe shall be fitted and matched so that when installed it will form a smooth, uniform invert. F. Prior to joining the pipe, all surfaces of the pipe to be joined and the surfaces of factory made jointing materials shall be clean and dry. Lubricants, primers, adhesives, etc., shall be applied and the pipes joined as recommended by the manufacturer’s specifications. Sufficient pressure shall be applied in making the joint to assure that the pipe is “home”. The interior of the pipe shall be cleaned of all foreign material as the work progresses. At the end of the work day, the last pipe laid shall be blocked to prevent creep, and closed with a water tight plug or cap. G. Joining Pipe 1. Ductile iron pipe is to be joined in accordance with the requirements of AWWA Standard C600 and the manufacturer’s recommendations. 2. Polyvinyl chloride (PVC) pipe shall be joined in accordance with ASTM Standard D-2321. 3. Other type pipe shall be joined in accordance with the manufacturer’s recommendations and the requirements of the County approved plans and specifications. H. All visible leaks shall be corrected prior to testing.
3.5. MANHOLES A. Manholes shall be constructed to the elevations shown on the Contract Drawings in accordance with the provisions of the Standard Details. B. Set manhole base section on bed of VDOT #57 stone to a minimum depth of 8 in. Stone shall be thoroughly compacted and carefully leveled to the excavated earth wall. C. Join all manhole riser and cone or flat slab top sections by the use of an approved rubber gasket. D. Pack and brush joints in FRP lining in acid-resistant manholes with sealant to provide a watertight and acid-resistant seal. Field weld joints in PVC lining of acid-resistant manholes in accordance with manufacturer's instructions. E. Install pipe stubs in manholes where called for on the Contract Drawings. All stubs shall be sealed watertight with a plug or cap at both ends. F. Install flexible manhole connections for all pipes sizes 4 in. to 24 in., inclusive, and apply sealant to completely fill joint between manhole barrel and flexible connection for the full thickness of the manhole barrel. G. Plug lift holes and repair any defects in manhole. H. Adjusting Rings: Include two or three adjusting rings, of 6-to-9-inch total thickness that match diameter of frame and cover. I. Set manhole frame in bed of sealant. Bed shall consist of one, 3/8 in. bead laid flush with the inside edge of the frame base and another 3/8 in. bead laid flush with the outside edge of the frame base.
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J. Construct bench of concrete or brick and mortar. 1. Lowest elevation of bench shall be at the spring line of the outgoing pipe. 2. Slope bench three inches toward channel for drainage. 3. Where stubs or knockouts are provided for future pipe connections, bench shall be so formed. 4. Use sulfate resistant cement for concrete or mortar on all acid-resistant manholes. 5. Where sealant is used, bench shall not be in contact with pipe or flexible pipe connection. K. Existing Manhole Tie-In 1. Core drilling and a flexible pipe-to-manhole connector shall be used in the connection of the sewer pipe to precast manholes, where stubs or bricked up opening do no exist. 2. The connector shall be Kor-N-Seal assembly or approved equal. 3. The connector shall be installed in the manhole wall by activating the expanding mechanism in strict accordance with the recommendation of the connector manufacturer. 4. The connector shall be of a size specifically designed for the pipe material and size being utilized on the project. All materials must conform to the approved products reflected in these standards. 5. Where bricked up opening exits, a PVC manhole adapter shall be used in the connection of the sewer pipe to precise manholes and installed using the proper conventional methods such as the process established for the “GPK PVC Manhole Adapters” or approved equal.
3.6. DETECTABLE MARKING TAPE A. Install detectable marking tape in all trenches containing buried, non-metallic, pipelines. Tape shall be installed in all trenches with a cover of 18” to 54" and a minimum clearance over the pipelines of 18". Tape shall be made electrically conductive throughout the entire system through the use of splices of a type recommended by the manufacturer.
3.7 ROAD/HIGHWAY CROSSINGS A. Where crossing is to be installed beneath a Commonwealth of Virginia road or highway, all operations and materials shall conform to the requirements of the Virginia Department of Transportation governing such crossings, and the contractor shall obtain approval of all materials and methods to be employed before such work is started. A copy of such permission shall be filed with the Owner prior to starting the work. The contractor will also be required to furnish a release from the proper authorities before final acceptance of the work by the Owner. The contractor shall secure from the Department of Transportation the necessary information regarding proper bracing, sheeting, shoring and other required protection of the highway and traffic during the construction operation. Where an open cut is permissible in crossing the State Highway instead of boring, the contractor shall make the necessary provisions for handling traffic and replacing the roadbed and surface as required by the Virginia Department of Transportation. Contractor shall be responsible for the payment of all fees required to obtain the necessary permits.
3.6. CLEAN UP A. Upon the completion of the installation of the sanitary sewer system and prior to acceptance, sediment and debris shall be removed from the limits of construction. All trash and debris shall be removed and properly disposed of. Areas not otherwise stabilized shall be seeded and mulched and a good stand of grass established.
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PART 4 -TESTING A. Gravity Sewers 1. Testing of gravity sewer lines shall be conducted on short sections of sewer line, i.e., between manholes. Provide all labor, materials, tools, and equipment necessary to make the tests, and ensure that zero infiltration is provided. All equipment and methods used shall be acceptable to the Engineer and the Owner. All monitoring gages shall be subject to calibration, if deemed necessary. 2. Sanitary sewer lines 24 in. diameter and smaller shall be tested after backfill using a low-pressure air test in accordance with ASTM C924. 3. Summary of Method: Plug the section of the sewer line to be tested. One of the plugs used at the manhole must be tapped and equipped for the air inlet connection for filling the line from the air compressor. Introduce low-pressure air into the plugged line. Use the quantity and rate of air loss to determine the acceptability of the section being tested. 4. Preparation of the sewer line: Flush and clean the sewer line prior to testing, thus serving to wet the pipe surface as well as clean out any debris. A wetted interior pipe surface will produce more consistent results. Plug all pipe outlets using approved pneumatic plugs with a sealing length equal to or greater than the diameter of the line being tested to resist the test pressure. Give special attention to laterals. 5. Groundwater Determination: Install a ½-inch capped galvanized pipe nipple, approximately 12 inches long, through the manhole on top of the lowest sewer line in the manhole. Immediately prior to the line acceptance test, the ground water elevation shall be determined by removing the pipe cap and blowing air through the pipe nipple into the ground so as to clear it, and then connecting a clear plastic hose to the pipe nipple. The hose shall be held vertically and a measurement of the height in feet of water over the invert of the pipe shall be taken after the water has stopped rising in the plastic hose. 6. Procedures: Determine the test duration for the section under test by computation from the applicable formulas shown in ASTM C828. The pressure-holding time is based on an average holding pressure of 3 psi gage or a drop from 3.5 psi to 2.5 psi gage. a) Add air until the internal air pressure of the sewer line is raised to approximately 4.0 psi gage. After an internal pressure of approximately 4.0 psig is obtained, allow time for the air pressure to stabilize. The pressure will normally show some drop until the temperature of the air in the test section stabilizes. b) When the pressure has stabilized and is at or above the starting test pressure of 3.5 psi gage, commence the test. Before starting the test, the pressure may be allowed to drop to 3.5 psig. Record the drop in pressure for the test period. If the pressure has dropped more than 0.5 psi gage during the test period, the line shall be presumed to have failed. The test may be discontinued when the prescribed test time has been completed even though the 0.5 psig drop has not occurred. c) The test procedure may be used as a presumptive test, which enables the installer to determine the acceptability of the line prior to backfill and subsequent construction activities. d) If the pipe to be tested is submerged in ground water, the test pressure shall be increased to 1.0 psi for every 2.31 feet the ground water level is above the invert of the sewer. 7. Safety: The air test may be dangerous if, because of lack of understanding or carelessness, a line is improperly prepared. a) It is extremely important that the various plugs be installed and braced in such a way as to prevent blowouts. In as much as a force of 250 lbs. is exerted on an 8 inch plug by an internal pipe pressure of 5 psi, it should be realized that sudden expulsion of a poorly installed plug or of a plug that is partially deflated before the pipe pressure is released can be dangerous. b) As a safety precaution, pressurized equipment shall include a regulator or relief valve set at perhaps 10 psi to avoid over-pressurizing and damaging an otherwise acceptable line. No one shall be allowed in the manholes during testing. B. Manholes
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1. Vacuum testing of manholes: Vacuum tests shall be conducted on newly constructed manholes following construction and after all connections have been made but before any backfilling around the manhole. Successful testing shall be accomplished before any backfilling operations. 2. Provide necessary vacuum pump, pneumatic plugs and accessories required for proper performance of the test. Plugs shall have a sealing strength equal to or greater than the diameter of the connecting pipe to be sealed. 3. Follow all local, state and federal safety precautions. Brace inverts if lines entering the manhole have not been backfilled or otherwise restrained to prevent pipe from being dislodged and pulled into the manhole. 4. Install vacuum tester head assembly at the top access of the manhole. Adjust the cross brace to insure that the inflatable sealing element inflates and seals against the straight top section of the manhole if possible. 5. Attach the vacuum pump assembly to the proper connection on the test head assembly. Make sure the vacuum inlet/outlet valve is in the closed position. 6. Following safety precautions and testing equipment manufacturer's instructions, inflate sealing element to the recommended maximum inflation pressure. Do not over-inflate. 7. Start the vacuum pump assembly engine and allow preset pump to stabilize. Open the inlet/outlet ball valve and evacuate the manhole to 10" Hg (approximately - 5 psig). Pressurizing the manhole may result in damage to manhole or to test equipment. 8. Close vacuum inlet/outlet ball valve and monitor vacuum for specified test period (see table). If vacuum does not drop in excess of 1" Hg., manhole is considered acceptable and the manhole passes the test. If manhole fails the test, complete necessary repairs and repeat test procedures until satisfactory results are obtained.
VIRGINIA DEPARTMENT OF HEALTH SPECIFICATIONS 4-FT. DIAMETER MANHOLE
Minimum Elapsed Time for a Manhole Depth Pressure Change of 1 Inch Hq 10 Ft. or Less 60 Seconds Greater Than 10 Ft. But 75 Seconds Less Than 15 Ft. Greater than 15 Ft. But 90 Seconds Less Than 25 Ft. Greater Than 25 Ft. Add 2 Seconds Per Foot of Additional Manhole Depth. For manholes five feet in diameter, add an Additional 15 seconds, and for manholes six feet in diameter, add an Additional 30 seconds to the time required for four-foot diameter manholes. 9. Repeat the above test procedure after backfilling manhole for final acceptance test.
END OF SECTION 33 3000
SANITARY SEWERAGE 33 3000 – 11 APPENDIX A VDOT PERMIT FEE, SURETY REQUIREMENTS AND APPLICATIONS
Land Use Permit Application (LUP-A)
APPLICATION is hereby made for permit as shown on the accompanying plan or sketch and as described below. Said activity(s) will be done under and in accordance with the rules and regulations of the Commonwealth Transportation Board of Virginia, in so far as said rules are applicable thereto and any agreement between the parties herein before referred to. Where applicable agreements may be attached and made a part of the permit assembly including any cost responsibilities covering work under permit. Applicant agrees to maintain work in a manner as approved upon its completion. Applicant also hereby agrees and is bound and held responsible to the owner for any and all damages to any other installations already in place as a result of work covered by resulting permit. Applicants to whom permits are issued shall at all times indemnify and save harmless the Commonwealth Transportation Board members of the Board, the Commonwealth and all Commonwealth employees, agents, and offices, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit to the extent allowed by law. In consideration of the issuance of a permit the applicant agrees to waive for itself, successors in interest or assigns any entitlements it may otherwise have or have hereafter under the Uniform Relocation and Assistant Act of 1972 as amended in event the Department or its successor, chooses to exercise its acknowledged right to demand or cause the removal of any or all fixtures, personality of whatever kind or description that may hereafter be located, should this application be approved.
Applicant information: Driver’s License or Tax ID No. ______Contact Name ______Owner Name ______E-mail Address ______Address ______Telephone Number ______City ______State ______Zip Code______Emergency Telephone Number ______Fax Number ______
Agent information: Driver’s License or Tax ID No. ______Contact Name ______Owner Name ______E-mail Address ______Address ______Telephone Number ______City ______State ______Zip Code______Emergency Telephone Number ______Fax Number ______
Permit Term Requested ______Fees Enclosed $ ______Check Number ______Money Order ______Estimated cost of work to be performed on VDOT Right of Way $______Surety Information: Surety Posted by: Owner Agent County Resolution Waived If cash/check surety is posted, please complete Commonwealth of Virginia’s Substitute Form W-9. Bonding Company Name ______Bond # ______Irrevocable Letter of Credit - Bank Name ______Irrevocable Letter of Credit # ______Surety paid by Check - Check Number ______Amount of Surety $ ______Obligation Amount $______Request permission to perform the following activity(s): ______as per attached plans. Location: County Town City of ______Route No. ______Street Name ______Between Route No. ______Street Name ______and Route No.______Street Name ______Latitude ______Longitude______Tax Map Number ______Applicant Job No.______Applicant shall provide proof of registration as an operator with the appropriate notification center in accordance as defined in §2.2-1151.1 of the Code of Virginia & must provide a notarized affidavit, stating that the utility owner has notified the commercial and residential developer, owner of commercial or multifamily real estate, or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use is being requested, that application for the permit has been made.
IF APPLICABLE, I AGREE TO PAY THE FULL SALARY AND EXPENSES OF A STATE ASSIGNED INSPECTOR IN CONJUNCTION WITH ACTIVITIES AUTHORIZED UNDER THE AUSPICES OF A VDOT LAND USE PERMIT. By signing below, I acknowledge that I am fully cognizant of all the LUP-SPG requirements associated with the issuance of a VDOT Land Use Permit.
Signature of Applicant: ______Title ______Date ______Signature of Agent: ______Title ______Date ______All applicable items on this form must be completed to avoid delay in processing the issuance of a VDOT Land Use Permit. Prepayment required with remittance payable to Virginia Department of Transportation.
VDOT USE ONLY Receipt is hereby acknowledged for: CHECK No.: ______MONEY ORDER No.: ______In the Amount of $ ______for PERMIT FEE $ ______CASH SURETY $ ______Authorized VDOT Signature: ______Date: ______
*Agent mean: Applicant contractor’s or a person or business authorized to act on another's behalf.
1
Surety Bond LUP-SB
BE KNOWN THAT WE as Principal, and______, a corporation duly incorporated under the Laws of the State of ______, as Surety, are held and firmly bound unto the Commonwealth of Virginia in the full and just sum of ______U.S. Dollars ($ ______), to be paid to the Commonwealth of Virginia to the payment whereof we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, sealed and dated this ______day of ______(month), 20______(year).
WHEREAS, The said Principal hereunder has been or will be granted permit(s) authorizing one or more of the following activities;(A) to move house property upon public highways of Virginia (B) to cut surface of the highways of Virginia, or to tunnel under such highways; (C) to install and/or erect and maintain telephone, electric power lines, water, sewer, gas or other utilities on, under or over such highways, bridges or tunnels;(D) to install an entrance or tie-in into a public roadway and/or grading upon the Right -of- way; or (E) for the following purposes: Explain below exact purpose(s) for which surety coverage is being obtained. ______Work to be performed in the county, city or town of:______THEREFORE, The conditions of this obligation are such that if the said Principal shall in all respects comply with the terms and conditions of said permit(s), and fully meet and perform obligations thereunder in accordance with requirements for permits as set forth in the Land Use Permit Manual in effect at time of permit issuance, and shall satisfactorily complete the work permitted, and shall indemnify and save harmless the Commonwealth of Virginia against and from all loss, cost, expense damage or injury to highways and bridges and to persons and property lawfully on such highways, growing out of the granting of such permit(s) to said Principal, then this obligation be void, otherwise to be and remain in full force and virtue.
NOW, THEREFORE, It is expressly understood that this Bond may be canceled by the Surety at the expiration of sixty (60) days from the date which the Surety shall have lodged with the Commonwealth Transportation Commissioner or his designees written notice to so cancel. This provision, however, shall not operate to relieve, release or discharge the Surety from any liability already accrued, or which shall accrue, on permits issued before the expiration of the sixty-day period. Bonds securing performance on specified active permit(s) may be canceled only upon satisfactory completion of permit(s), as determined by the Department Engineer. NOTE: Continuous Bond cannot be canceled unless facilities covered by the permit have been removed from the Right -of-way, or the principal has arranged for replacement surety protection. ALL permit work covered under section (C) above shall be covered by a bond at all times.
Said principal and surety, being properly authorized, have caused these presents to be executed and their seals affixed the day and year first above written. Surety name______Principal name______Bond number ______TAX ID # or DMV ID #______Address______Address ______City ______State _____ ZIP ______City ______State ______ZIP ______Contact person ______Contact person______Phone number ______Phone number ______Attorney-in-Fact Name______Signature ______Signature______
Attorney-In-Fact POWER OF ATTORNEY AUTHORIZATION TO BE ATTACHED (Seal) Acknowledgement of Principal
STATE OF ______COUNTY / TOWN / CITY OF ______I, the undersigned, a Notary Public in and for the County / Town / City aforesaid, in the State aforesaid, do certify that, ______whose name as Principal is signed to the foregoing writing bearing date this______day of ______(month), 20_____ (year), personally appeared before me and acknowledged the same.
Given under my hand this day of ______(month), 20____ (year) My Commission expires: ______
______Notary Public
Affidavit and Acknowledgement of Surety
STATE OF ______COUNTY/TOWN/CITY OF ______I, the undersigned, a Notary Public in and for the County/Town/City aforesaid, in the State aforesaid do certify that, . (Name of Attorney in Fact) personally appeared before me and made oath that he is . (Title) of the (Name of Surety), that he is duly authorized to execute the foregoing bond by virtue of a certain power of attorney of said company; that said power of attorney has not been revoked; that the said company has complied with all the requirements of law regulating the admission of such companies to transact business in the State of Virginia; that the said company holds the certificate of the Commissioner of Insurance authorizing it to do business in the State of Virginia; that it has a paid-up cash capital of not less than $250,000; that the paid- up capital plus the surplus and undivided profits of said company is $ ; that the penalty of the foregoing bond is not in excess of ten percentum of said sum; that the said company is not by said bond incurring in the aggregate, on behalf or on account of the principal names in said bond, a liability for an amount lager than one-tenth of its paid- up capital, plus its surplus and undivided profits; that the said company is solvent and fully able to meet promptly all its obligations, and the said (Attorney in fact name) thereupon, in the name and on behalf of the said company, acknowledged the foregoing writing as its act and deed.
Given under my hand this ______day of ______(month), 20____ (year) My Commission expires:______Notary Public
Original to be filed with the Virginia Department of Transportation Request for Land Use Permit Surety Bond Cancellation may be addressed to: Virginia Department of Transportation ______
______Revised April 1, 2017
LAND USE PERMIT LUP-SPG Special Provisions – General
VDOT Land Use Permit Required by Law
The General Rules and Regulations of the Commonwealth Transportation Board provide that no work of any nature shall be performed on any real property under the ownership, control, or jurisdiction of VDOT until written permission has been obtained from VDOT. Written permission is granted for the above-referenced activity through the issuance of a land use permit.
By issuing a permit, VDOT is giving permission only for whatever rights it has in the right-of-way; the permittee is responsible for obtaining permission from others who may also have an interest in the property.
The permittee will be civilly liable to the Commonwealth for expenses and damages incurred by VDOT as a result of violation of any of the rules and regulations of this chapter. Violators shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided for in §33.2-210 of the Code of Virginia.
Application Requirements
Application shall be made for VDOT land use permits through the local district permit office where the activity is to take place.
Application forms and general information regarding VDOT land use permitting can be obtained by contacting the central office permit manager or at the following VDOT web site: http://www.virginiadot.org/business/bu-landUsePermits.asp
The applicant shall provide a notarized affidavit indicating compliance with the registration and notification requirements outlined in § 2.2- 1151.1 of the Code of Virginia.
Permit Fees
The land use permit application shall include a check in an amount determined by the district administrator’s designee based on the schedule found in 24VAC30-151-710 of the Land Use Permit Regulations.
Surety Requirement
A performance surety in the amount determined by the district administrator’s designee is required to restore the right-of-way in the event of damage or default. This surety may be in the form of cash, check or surety bond LUP-SB, or LUP-LC irrevocable letter of credit.
Cash Surety Refund
Applicants owing the Internal Revenue Service or the Commonwealth of Virginia may not receive a refund of the cash guarantee provided for the issuance of a VDOT land use permit unless the amount owed is less than the amount of cash guarantee provided. Applicants providing cash guarantee for the issuance of a VDOT land use permit must provide an executed copy of the Commonwealth of Virginia’s Substitute Form W-9 to receive a refund of the cash guarantee provided for the issuance of a VDOT land use permit.
Insurance Requirements (excluding County, Town or City)
The permittee or their agent shall secure and maintain insurance to protect against liability for personal injury and property damage that may arise from the activities performed under the authority of a land use permit and from the operation of the permitted activity up to one million dollars ($ 1,000,000) each occurrence to protect the Board members and the Department's agents or employees; seventy-five thousand dollars ($75,000) each occurrence to protect the Board, the Department, or the Commonwealth in event of suit. Insurance must be obtained prior to start of the permitted work and shall remain valid through the permit completion date. VDOT staff may require a valid certificate or letter of insurance from the issuing insurance agent or agency prior to issuing the land use permit.
Any of the following provisions that may apply, shall apply:
General Requirements
1) Permittee acceptance and use of a Virginia Department of Transportation (VDOT) land use permit is prima facie evidence that the permittee has read and is fully cognizant of all required permit provisions, applicable traffic control plans and associated construction standards to be employed. All applicants to whom permits are issued shall at all times indemnify and save harmless the Commonwealth Transportation Board, members of the Board, the Commonwealth, and all Commonwealth employees, agents, and officers, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit to the extent allowed by law including any sums ordered to be paid or expended by VDOT by any governmental entity as a fine, penalty or damages for any violation of any applicable environmental law, or to remediate any hazardous or other material, including illicit discharge into VDOT maintained storm sewer systems.
2) The permittee assumes full responsibility for any and all (downstream flooding, erosion, siltation, etc.) damages that may occur as a result of the work performed under this permit. Furthermore, the Department will in no way be responsible for any damage to the facility being placed as a result of future maintenance or construction activities performed by the Department.
3) The permittee agrees to move, remove, alter, or change any installation that interferes with the ultimate construction of the highway in alignment or grade at no cost to the Department unless otherwise stipulated and agreed to by the Department.
4) The permittee shall immediately correct any situation that may arise as a result of these activities that the district administrator’s designee deems hazardous to the traveling public.
5) Any and all highway signs, right-of-way markers, etc., disturbed as a result of work performed under the auspices of a land use permit shall be accurately reset by the permittee immediately following the work in the vicinity of the disturbed facility. The services of a certified land surveyor with experience in route surveying may be required.
6) It shall be the permittee's responsibility to obtain any and all necessary permits that may be required by any other government agencies, i.e., U.S. Army Corp. of Engineers, Department of Environmental Quality, Department of Conservation and Recreation, etc.
7) A copy of the VDOT land use permit shall be maintained at the work site and made readily available for inspection when requested by authorized VDOT personnel. District administrator’s designee may request the permittee to install on site a project information sign to help the public and VDOT personnel identify activities in the right of way ( see LUP-IS).
8) The permittee shall notify the local district permit office at least 48 hours prior to commencement of any work requiring inspection and/or testing as stipulated in VDOT’s Road and Bridge Standards (current edition) and VDOT’s Road and Bridge Specifications (current edition). Failure to carry out this requirement may result in permit revocation.
9) The permittee or their agent must contact the VDOT Customer Service Center at 1-800-367-7623 a minimum of 48 hours prior to initiating any planned excavation within 1,000 feet of a signalized intersection and/or near VDOT ITS infrastructure. Excavation activities may proceed only after the VDOT regional utility location agent has notified the permittee that the utility marking has been completed. Additional information can be found at: http://www.virginiadot.org/business/resources/IIM/TE- 383_Request_for_Marking_VDOT_Utility_Location.pdf
Alternately, within all localities in the Northern Virginia Construction District, including the Counties of Arlington, Fairfax, Loudoun & Prince William, the Cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park, and the Towns of Clifton, Dumfries, Hamilton, Haymarket, Herndon, Hillsboro, Leesburg, Lovettsville, Middleburg, Occoquan, Purcellville, Quantico, Round Hill and Vienna, and on Interstate 95 in the counties of Stafford, Spotsylvania and Caroline, the permittee may request VDOT regional utility marking at: http://www.vdotutilitymarking.virginia.gov
10) The permittee shall to notify “Miss Utility” (or each operator of an underground utility where no notification center exists) of any planned excavation within state maintained right-of-way. This notification must be provided at least 48 hours (excluding weekends and holidays) in advance of commencing with any planned excavation within state maintained right-of-way. Failure to carry out this requirement may result in permit revocation.
11) It is the duty of the district administrator’s designee to keep all roads maintained in a safe and travelable condition at all times. Therefore, any permit may be denied, revoked or suspended when in the opinion of the district administrator’s designee, the safety, use or maintenance of the highway so requires.
12) The permittee shall at all times give strict attention to the safety and rights of the traveling public, their employees and themselves. VDOT reserves the right to stop work at anytime due to safety problems and/or non-compliance with the terms of the permit. The Department may, at its discretion, complete any of the work covered in the permit or restore the right-of-way to the department’s standards and invoice the permittee for the actual cost of such work. The permittee may be required to move, alter, change or remove from state maintained right-of-way, in a satisfactory manner, any installation made under this permit.
13) All work authorized under the auspices of a VDOT land use permit shall be subject to VDOT’s direction and be in accordance with VDOT’s Road and Bridge Standards (current edition) and VDOT’s Road and Bridge Specifications (current edition).
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14) Design changes, specified material changes and/or field changes from the approved plans shall be submitted to the appropriate district administrator’s designee for review and approval prior to proceeding with the proposed changes. This submittal shall include written justification, supplemental documentation and/or engineering calculations that support the requested changes.
15) The permittee shall meet or exceed the existing pavement design and typical section when constructing pavement widening adjacent to an existing state maintained roadway. The proposed pavement design and typical section shall be approved by the district administrator’s designee prior to commencing with any work within state maintained right-of-way. All pavement widening shall be in accordance with VDOT’s Road and Bridge Standard 303.02.
16) Within the limits of a VDOT construction project it is the responsibility of the permit applicant to obtain the contractor's consent in writing prior to permit issuance. Information regarding current and/or planned VDOT construction and maintenance activities can be obtained at: http://www.virginiaroads.org/.
Traffic Control and Safety
1) The permittee shall at all times give strict attention to the safety and rights of the traveling public, their employees, and contractors. Any permit may be revoked or suspended when in the opinion of the district administrator’s designee, the safety, use or maintenance of the highway so requires.
2) In accordance with the Virginia Department of Transportation (VDOT) Road and Bridge Specification, Special Provision 105.14, all activities performed under the auspices of a VDOT Land Use Permit involving the installation, maintenance and removal of work zone traffic control devices must have an individual on-site who, at a minimum, is accredited by VDOT in Basic Work Zone Traffic Control. The accredited person must have their VDOT Work Zone Traffic Control accreditation card in their possession while on-site.
3) The individual accredited in Basic Work Zone Traffic Control is responsible for the placement, maintenance and removal of work zone traffic control devices within the project limits in compliance with the permit requirements and conditions, the approved plans and specifications, the Virginia Work Area Protection Manual, and the Manual of Uniform Traffic Control Devices.
4) A person accredited by VDOT in Intermediate Work Zone Traffic Control must be on-site to provide supervision for adjustment to the approved layout of any standard Typical Traffic Control (TTC) layouts outlined in the Virginia Work Area Protection Manual.
5) All traffic control plans shall be prepared by a person verified by VDOT in Advanced Work Zone Traffic Control.
6) Individuals responsible for implementation of work zone traffic control measures shall provide evidence of their accreditation upon request from VDOT personnel.
7) The permittee shall be exempt from the requirements of Virginia Department of Transportation (VDOT) Road and Bridge Specification, Special Provision 105.14 if the authorized activity is not within the roadway (as defined in 24VAC30-151) of a state maintained highway. 8) Non-compliance with the requirements outlined in VDOT Road and Bridge Specification, Special Provision 105.14 may result in a stop work order and / or permit revocation.
9) All activities that require the disruption (stoppage) of traffic shall utilize VDOT certified flaggers. Flag persons shall be provided in sufficient number and locations as necessary for control and protection of vehicular and pedestrian traffic in accordance with the Virginia Work Area Protection Manual. All flaggers must have their certification card in their possession when performing flagging operations within state maintained right-of-way. Any flag person found not in possession of his/her certification card shall be removed from the flagging site and the district administrator’s designee will suspend all permitted activities.
10) Any VDOT certified flag person found to be performing their duties improperly shall have their certification revoked.
11) All signs shall be in accordance with the current edition of the Manual of Uniform Traffic Control Devices (MUTCD).
12) The permittee shall immediately correct any situation that may arise as a result of these activities that the district administrator’s designee deems hazardous to the traveling public.
13) During authorized activities, the permittee shall furnish all necessary signs, flag persons and other devices to provide for the protection of traffic and workers in accordance with the Virginia Work Area Protection Manual or as directed by the district administrator’s designee.
14) Traffic shall not be blocked or detoured without permission, documented in writing or electronic communication, being granted by the district administrator’s designee.
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15) All lane or shoulder closures on highways in the Northern Virginia construction district classified as arterial or collector routes must be authorized, documented in writing or by electronic communication by the VDOT Transportation Operations Center (NRO/TOC).
16) If directed by the district, requests for the implementation of temporary lane closures must be entered into the VDOT Lane Closure Advisory Management System (LCAMS) and VaTraffic a minimum of one (1) week prior to the planned execution of lane closure activities on state maintained highways. The permittee or their contractor(s) may enter their requests directly or provide written requests to the VDOT Regional Operations Center as follows:
• Lane closure requests in all the counties listed below are within the Northern Region and shall be sent to: [email protected].
Counties: Arlington, Fairfax, Loudoun, Prince William, Spotsylvania, and Stafford
• Lane closure requests in all the counties listed below are within the Northwest Region and shall be sent to: [email protected].
Counties: Albemarle, Alleghany, Augusta, Bath, Clarke, Culpeper, Fauquier, Fluvanna, Frederick, Greene, Highland, Louisa, Madison, Orange Page, Rappahannock, Rockbridge, Rockingham, Shenandoah and Warren
• Lane closure requests in all the counties listed below are within the Southwest Region and shall be sent to: [email protected].
Counties: Amherst, Appomattox, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Craig, Cumberland, Dickenson, Floyd, Franklin, Giles, Grayson, Halifax, Henry, Lee, Montgomery, Nelson, Patrick, Pittsylvania Prince Edward, Pulaski, Roanoke, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe.
• Lane closure requests in all the counties listed below are within the Eastern Region and shall be sent to: [email protected].
Counties: Accomack, Greensville, Isle of Wight, James City, Northampton, Southampton, Surry, Sussex and York
• Lane closure requests in all the counties listed below are within the Central Region and shall be sent to: [email protected]
Counties: Amelia, Brunswick, Caroline, Charles City, Chesterfield, Dinwiddie, Essex, Gloucester, Goochland, Hanover, Henrico, King and Queen, King George, King William, Lancaster, Lunenburg, Mathews, Mecklenburg, Middlesex, New Kent, Northumberland, Nottoway, Powhatan, Prince George, Richmond, and Westmoreland
Written requests for implementation of temporary lane closures must be submitted to the appropriate VDOT Regional Operations Center by close of business on the preceding Wednesday for the upcoming week’s planned lane closures. All requests being directly input into LCAMS and VaTraffic must be entered no later than 2:00 pm on the preceding Thursday for the upcoming week’s lane closure activities. Any conflicts with other roadway work must be resolved by close of business on Thursday the week prior to the scheduled lane closure activities with documented resolution sent to the VDOT point of contact provided by the regional traffic operation center LCAMS Administrator. Any requests received after these time limitations will not be approved and the proposed work within VDOT right of way requiring lane closures must be rescheduled.
Lane closure requestors wanting direct access to LCAMS and VaTraffic must complete ITD-35E & ITD-36E forms and return to Ms. Carlene McWhirt at [email protected]. Online training is available for LCAMS and VaTraffic and VDOT can accommodate any additional training needs. Please contact Ms. McWhirt at (571) 350-2078 to schedule training.
VIRGINIA WORK ZONE TRAFFIC CONTROL TRAINING OPTIONS
The following three options are available to receive Work Zone Traffic Control (WZTC) training based on an individual’s job duties and responsibilities as required by the FHWA Final Rule on Work Zone Safety and Mobility and the Virginia Department of Transportation:
OPTION 1 – Have someone trained to become a qualified instructor in your company who can then instruct others , utilizing training material provided by VDOT. The following qualifications must be met in order to teach the VDOT Basic, Intermediate, or Advanced WZTC training courses:
• Basic – Be flagger certified either by VDOT or by the American Traffic Safety Services Association (ATSSA); possess two years of practical experience in Highway Design, Construction, Maintenance, or Traffic Operations; possess two years of
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documented experience in conducting training courses; and successfully complete the VDOT WZTC Intermediate or Advanced course or complete the ATSSA Virginia Intermediate/Traffic Control Supervisor (TCS) course.
• Intermediate - Be flagger certified either by VDOT or by ATSSA; possess two years of practical experience in Highway Design, Construction, Maintenance, or Traffic Operations; possess two years of documented experience in conducting training courses; complete and possess the ATSSA Virginia Intermediate/TCS certification.
• Advanced - Be flagger certified either by VDOT or by ATSSA; possess two years of practical experience in Highway Design, Construction, Maintenance, or Traffic Operations; possess two years of documented experience in conducting training courses; complete and possess the ATSSA Virginia Advanced Traffic Control Design Specialist (TCDS) certification or ATSSA Virginia Intermediate TCS certification.
To become an approved instructor, an application must be completed listing the above qualifications and sent to the chairman of VDOT’s WZST committee at the following location: http://www.virginiadot.org/business/resources/wztc/wztc_inst_app_form.pdf
Once a person has become an approved instructor, training material can be obtained from VDOT using the order form obtained from the following location (requires an approved instructor identification number): http://www.virginiadot.org/business/resources/wztc/WZTC_order_form.pdf
OPTION 2 – Obtain the services of an approved instructor from VDOT’s Approved WZTC Instructor List to teach the course or courses you need for your employees.
The Approved WZTC Instructor’s List can be obtained at the following location: http://www.virginiadot.org/business/resources/wztc/Approved_WZTC_Instructors.pdf
A list of Approved Providers of training can be obtained at the following location: http://www.virginiadot.org/business/resources/wztc/wztc_training_sponsors.pdf
OPTION 3 – Send personnel to classes conducted by approved sources such as ATSSA Virginia or the Virginia Local Technical Assistance Program (LTAP).
Courses by ATSSA Virginia can be found at the following location: http://atssa.com/cs/course_information/courses_by_state?state=56
Courses by the Virginia LTAP can be found at the following location: http://ltap.cts.virginia.edu/2%20Page%20Calendar%20June%20-%20Sept%2009.pdf
Basic WZTC courses by the Virginia Rural Water Association can be found at the following location: http://www.vrwa.org/ (See Training Schedule)
Training by the Virginia Transportation Construction Alliance (VTCA) can be found at the following location: http://vtca.org/
Visit the following site for additional information regarding Virginia’s Work Zone Traffic Control training program: http://www.virginiadot.org/business/trafficeng-WZS.asp
Authorized Hours and Days of Work
Normal hours for work under the authority of a VDOT land use permit are from 9:00 a.m. to 3:30 p.m. Monday through Friday for all highways classified as arterial or collector. All highways classified as local roads will have unrestricted work hours and days. The district administrator's designee may establish alternate time restrictions in normal working hours for single use permits.
The central office permit manager may establish alternate time restrictions in normal working hours for district-wide permits.
The classifications for all state maintained highways can be found at the following link: http://www.virginiadot.org/projects/fxn_class/maps.asp
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Emergency Repair
In the event of an emergency situation that requires immediate action to protect persons or property, work may proceed within the right-of- way without authorization from the district administrator’s designee; however, the utility owner must contact the VDOT Emergency Operations Center as soon as reasonably possible but no later than 48 hours after the end of the emergency situation.
The utility owner must apply for a separate land use permit from the local district permit office for any emergency work performed on state maintained right-of-way when the following actions are proposed:
• Stopping or impeding highway travel in excess of 15 minutes, or, • Accessing facilities within limited access right-of-way, or, • Cutting the highway pavement or shoulders.
The district administrator’s designee shall determine the applicable permit fee for emergency repair permits.
Holiday Restrictions
Permitted non-emergency work will not be allowed on arterial and collector highway classifications from noon on the preceding weekday through the following state observed holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. If the observed holiday falls on a Monday, the permit will not be valid from noon on the preceding Friday through noon on Tuesday.
Excavation
All excavation within state maintained rights-of-way shall comply with OSHA Technical Manual, Chapter 2, Title Excavation: Hazard Recognition in Trenching and Shoring. A professional engineer shall certify all shoring and/or trench boxes.
No excavated material is to be placed or tracked on the pavement without written permission from the District Administrator’s designee. When so authorized, the pavement shall be satisfactorily cleaned by a VDOT approved method. No cleated (track-mounted) equipment is to be used on the pavement without properly protecting the pavement from damage.
Trenchless Construction
Site specific geotechnical sub-surface investigation reports, compiled in accordance with the provisions of VDOT Materials Division Manual of Instructions, shall be submitted to the district administrator's designee if the following trenchless installation(s) are proposed:
• The proposed pipe diameter is 24-inches or greater, and; • The proposed pipe cover is less than 3 times the pipe diameter, and; • The AADT of roadway is greater than 25,000, or; • The proposed pipe diameter is 60-inches or greater, or; • Any situation where there is a significant risk identified.
Inspection and Restoration
1) Inspection and testing of all backfill and pavement sections shall be performed in accordance with all applicable sections of VDOT’s Road and Bridge Specifications (current edition).
2) If during or before construction it is deemed necessary for the local district permit office to assign an inspector to the project, the permittee shall pay the Department an additional inspection fee in an amount that will cover the salary, expense allowance, and mileage allowance for the inspection(s) assigned by the Department for handling work covered by this permit. Said inspection fee shall be paid promptly each month on invoices rendered by the Department.
3) It shall be the decision of the district administrator’s designee whether to assign an inspector to monitor the placement of all backfill and pavement restoration activities.
4) The absence of a VDOT inspector does not in any way relieve the permittee of their responsibility to perform the work in accordance with the approved plans, provisions of the attached permit, VDOT’s Road and Bridge Standards (current edition) and VDOT’s Road and Bridge Specifications (current edition).
5) The permittee shall be responsible for any settlement of all backfill or pavement restoration necessitated by authorized excavation activities for a period of two (2) years after the completion date of permit, and for the continuing maintenance of the facilities placed
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within the highway right-of-way. A one (1) year restoration warranty period may be considered, provided the permittee adheres to the following criteria:
• The permittee retains the services of a professional engineer (or certified technician under the direction of the professional engineer) to observe the placement of all backfill and pavement restoration. • The professional engineer (or certified technician under the direction of the professional engineer) performs any required inspection and testing in accordance with all applicable sections of VDOT's Road and Bridge Specifications. • The professional engineer submits all testing reports for review and approval, and provides written certification that all restoration procedures have been completed in accordance with all applicable sections of VDOT's Road and Bridge Specifications prior to completion of the work authorized by the permit.
6) Whenever existing pavement is permitted to be cut, not over one-half of the roadway width shall be disturbed at one time and the first open cut trench section shall be satisfactorily restored to allow for the passage of traffic prior to the second half of the roadway surface can be disturbed.
7) All crossing of existing pavement shall be bored, pushed or jacked an appropriate distance from the edge-of-pavement so as not to impede the normal flow of traffic or damage the existing pavement section. Existing pavement shall not be cut unless approved by the district administrator’s designee and then only if justifiable circumstances prevail or proof is shown that a thorough attempt has been made to push, bore or jack.
8) Authorized daily trench excavation within pavement sections shall not exceed 500 feet in length.
9) Pavement restoration shall be in accordance with the VDOT LUP-OC Pavement Open Cut Special Provisions. This document can also be found at: http://www.virginiadot.org/business/bu-landUsePermits.asp
10) Where the pavement is disturbed or deemed weakened in its entirety or such portions as deemed desirable by the Department, the pavement shall be restored or replaced in a manner that is satisfactory to the district administrator’s designee.
Environmental
1) In accordance with the Virginia Department of Transportation (VDOT) Road and Bridge Specification §107.16, all contractors performing regulated land disturbing activities within VDOT right-of-way must have at least one (1) employee that has successfully completed the VDOT Erosion & Sediment Control Contractor Certification training. This person shall be on site during all land disturbance activities and will be responsible for insuring compliance with all applicable local, state and federal erosion and sediment control regulations during land disturbance activities. This person must have their certification card with them while on the project site. The land use permit will be suspended if proof of certification cannot be provided. Regulated land disturbing activities are defined as those activities that disturb 2,500 square feet or greater in Tidewater, Virginia or 10,000 square feet or greater in all other areas of the State. The Department will require evidence of this certification with any land use permit application that involves utility and/or commercial right of way improvement. Improper installation, maintenance and removal of erosion and sediment control devices may result in revocation of VDOT Erosion & Sediment Control Contractor Certification.
NOTE: Training for the VDOT Erosion & Sediment Control Contractor Certification can be obtained from any of the sources listed under “Upcoming Courses” at: http://www.virginiadot.org/business/locdes/ms4_stormwater_management.asp
2) The permittee is responsible for pursuing and obtaining any and all environmental permits which may be required to pursue the proposed activity prior to any work beginning within state maintained right-of-way.
3) In the event hazardous materials or underground storage tanks are encountered within state maintained right-of-way during authorized activities, the permittee shall suspend all work immediately then notify the local district permit office and other responsible parties, i.e., the local fire department, emergency services, Department of Environmental Quality, etc. The permittee is responsible for coordination and completion of all required remediation necessary to complete the permitted activities within the state maintained right-of-way. The permittee shall provide evidence of such compliance to the local district permit office prior to recommencement of permitted activities.
4) In the event cultural resources, archaeological, paleontological, and/or rare minerals are encountered within the right of way during authorized activities, the permittee shall suspend all work immediately then notify the local district permit office and the proper state authority charged with the responsibility for investigation and evaluation of such finds. The permittee will meet all necessary requirements for resolving any conflicts prior to continuing with the proposed activities within the state maintained right-of-way, and shall provide evidence of such compliance to the local district permit office.
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5) Roadway drainage shall not be blocked or diverted. The shoulders, ditches, roadside, drainage facilities and pavement shall be kept in an operable condition satisfactory to the Department. Necessary precautions shall be taken by the permittee to insure against siltation of adjacent properties, streams, etc., in accordance with VDOT's current standards or as prescribed by the Department’s Environmental Manual and the district administrator’s designee.
Entrances
1) VDOT's authority to regulate highway entrances is provided in §, §33.2-240, and §33.2-241 of the Code of Virginia and its authority to make regulations concerning the use of highways generally is provided in §33.2-210 of the Code of Virginia. Regulations regarding entrances are set forth in VDOT's regulations promulgated pursuant to §33.2-245 of the Code of Virginia.
2) The permittee shall be responsible for the design and installation of a private entrance under the auspices of a VDOT land use permit however the permittee may request that VDOT forces install the private entrance at the permittee’s expense.
3) Street connections, private entrances, and construction entrances shall be kept in satisfactory condition during all activities authorized under the auspices of a VDOT land use permit. Entrances shall not be blocked. Ample provisions must be made to provide safe ingress and egress to adjacent properties at all times. Entrances that are disturbed shall be restored to the satisfaction of the property owner and the district administrator’s designee.
Utilities
1) Prior to any excavation, the permittee shall comply with the terms of Title 56, Chapter 10.3 of the Underground Utility Damage Prevention Act and §56-265.14 through §56-265.20 of the Code of Virginia. This permit does not grant permission to grade on or near property of others, or, adjust or disturb in anyway existing utility poles or underground facilities within the permitted area. Permission to do so must be obtained from the impacted utility company and any expense involved shall be borne by the permittee. Any conflicts with existing utility facilities must be resolved between the permittee and the utility owner(s) involved.
2) All underground utility installations within limited access right-of-way shall have a minimum of 36 inches of cover. All underground utilities within non-limited access right-of-way will require a minimum of 36 inches of cover, except underground cables that provide telecommunications service shall be at a minimum of 30 inches of cover.
3) Where feasible, all aboveground installations (such as fire hydrants, telephone pedestals, markers, etc.) shall be located adjacent to the outside edge of the right-of-way line and in accordance with minimum clear zone requirements. All manhole covers, valve box, etc., shall be installed two inches below existing ground line and shall conform to existing contours.
4) No poles, guys, anchors, etc., are to be placed on state maintained right-of-way unless authorized under the auspices of a VDOT land use permit. At no time will any such facilities be allowed between the ditch line and the traveled roadway.
5) All overhead installations crossing non-limited access highways shall provide a minimum of 18 feet of vertical clearance or at a minimum height as established by the National Electric Safety Code, whichever is greater. All overhead utility installations within limited access right-of-way shall maintain a minimum of 21 feet of vertical clearance. The vertical clearance for all new overhead parallel installations within non-limited access rights-of-way shall be in compliance with standards as specified in the National Electric Safety Code.
Final Inspection and Completion of Permit
Upon completion of the work covered by this permit all disturbed areas outside of the roadway prism shall be restored to their original condition as found prior to starting such work.
Completion of this permit is contingent upon the permittee’s completion of the authorized work in accordance with the approved plan and compliance with all governing bodies involved in the total completion of work on state maintained right-of-way.
Upon completion of the work under permit, the permittee shall provide notification, documented in writing or electronic communication, to the district administrator's designee requesting final inspection. This request shall include the permit number, county name, route number and name of the party or parties to whom the permit was issued.
The district administrator's designee shall promptly schedule an inspection of the work covered under the permit and advise the permittee of any necessary corrections.
Permit Revocation
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At the discretion of the district administrator’s designee, a land use permit may be revoked upon written finding that the permittee was not in compliance with all requirements contained herein and/or violated the terms of the permit, or any state and local laws and ordinances regulating activities within the right-of-way. In addition VDOT may apply additional penalties in accordance with §33.2-1221.
Permittee Notice
The preceding provisions are intentionally condensed in format and should not be loosely interpreted by the permittee without consultation with the central office permit manager and affirmation from the Land Use Permit Regulations.
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APPENDIX B AmerlScl Rlchmond 13636 GENITO ROAD MIDLOTHIAN, VIRGINIA 231f 2 AuenrScl TEL: (804) 76&1200 . FAù(: (804) 763.1800
PLM Bulk Asbestos Report Baratta & Associates, Inc. Date Reoelved 0gl30ll7 A¡nerlScl Job # 117082204 Attn: MichaelBaratta Date Examlned 08131117 P.O. # 1150 Shady Run Road Page 1 of 1 RE: LO31; SG Young; Dunlap Sewer Vlnton, VA 24t79
cllent No. / HGA Lab No. Asbestos Present Total o/o Asbestos B1 11708220É¡01 Yes 5 o/o Locatlon: Masllc (by CVES) by Davld W. Ralbovsky on 0U31/17 Analyrt Dccolpüon: Black, Heterogen€ous, Non.Fibrous, Bulk Material A¡br¡toe Typcr: Chrysotlle 5.0 o/o Oû.r tlatcrlsl: Non-ffbroue g5 o/o
82 117082204-02 Yes 5 o/o Localloñ: Mâst¡c (by CVES) by David W. Ralbovsky on 0E/31/17 Analpt Dccrlptlon: Black, Hetsrogeneous, Non-Flbþue, Bulk Mat€rial Arbortor Typcr: Chrysotile 5.0 7o Olhcr Mderlal: tlon-fbrous 95 %
8EP r 5 2}ll
AtI. EG A
Reportlng Notes:
Anelyzêd by: DâvkJ W, Dalei 813112017 Revleu,cd
<17o, pt .pr€seîf 'NAD = no asbsslos d6tecl€d, D€tcctlon Llmll RopoñinS Llmits: CVES = 1o/0,4N Pt Ct ¡ 0.25ol0. 10æ Ct ¡ 0.10lo; ø NVA ..No Mslblo Asbo6l0s'8ro observatlom mado dr¡rlno I qualllâüvô ânålygist NA ! nol anallucd: I'l,ti/PS a not enâlyzed / poaiüve stop; pti¡l Bulk Asbo$tos tuialysls by EPA 600/R€3/116 psr 40 CFR 763 (NVLAP Låb Cod€ l0f 9O1.0) ând EIAP PtM Anatyr*e eroocot l98.t for New yorü friabto sampteÊ wfilcñ lnclud€s qusnl¡tåtlon ot any vofln¡(rilte obsøvcd (198.6 for l,loB eamptee) ø EPA 400 pt c{ by EPA 600/M¡l-82.020 (NysDoH ELAP Lab # pLM f 0sg4); cA Et¡p Lab # 2509; l,lole: 18 not conslstcntly follsbþ in detecung eebestoe tn hoor óve*rge âfid rkîlter NoB m.t€ftat3. NAD or Trace recults by PLM aro inconcluslv€, TEM b cürÌcnüy the mly me(hod hel can Oc uiø lo dot€rmlno il û¡s melerial can be aons¡d€rod or troeled ss noßesb€6to8'oontalning in N€ìv Yorft State (also seo EPA Advisory for f,oor tlle, FR 59, 148, 38970, &1/94). NIST Accrcdltaìþn ro$¡ar€monts mandate gxcopt thel hls report musl not be rgprodt¡c€d in ûll düroul lhc approval of lhe laboralory. thls PLM reporl relatea ONLY to üì€ lt€mo t€slod. APPENDIX C