Disposal Areas. The Design-Builder shall dispose of unsuitable or Surplus Material shown in the Contract Documents according to Contract requirements as specified herein. Material not used on the Project shall be disposed of by the Design-Builder off the Right of Way. The Design-Builder shall obtain the necessary rights to property to be used as an approved Disposal Area. For the purpose of these Division I Amendments to the Standard Specifications an approved Disposal Area is defined as that which is owned privately, not operated under a local or State permit, and has been approved by the Department for use in disposing of Material not used on the Project. The Design-Builder shall furnish the Department a statement signed by the property owner in which the owner agrees to the use of his property for the deposit of Material from the Project. Upon completion of the use of the property as an approved Disposal Area, the Design-Builder shall furnish the Department a release signed by the property owner indicating that the property has been satisfactorily restored. This requirement will be waived for commercial sources, sources owned by the Design-Builder, or sources furnished by the Department. If an approved Disposal Area is not designated in the Contract, the Design-Builder shall obtain the necessary rights to property to be used as an approved Disposal Area. If the Design-Builder, having shown reasonable effort, is unsuccessful in obtaining the necessary rights to property to be used as an approved Disposal Area, the Department will obtain rights for a disposal area unless otherwise provided for in the Contract. If not shown in the Contract, compensation will be in accordance with Sections 104.02 and 109.05. Disposal Areas shall be cleared without damaging grass, shrubs, or vegetation outside the limits of the approved area and haul roads thereto, but not need to be grubbed. After the Material has been deposited, the area shall be shaped to minimize erosion and siltation of nearby streams and landscaped in accordance Contractor’s agreement with the property owner. Excavated rock in excess of that used in Embankments in accordance with the requirements of Section 303 shall be deposited off the Right of Way in an approved Disposal Area. Deposits whose surface is composed largely of rock shall be leveled by special arrangement of the Material or reduction of the irregularity of the surface by crushing projections to create a reasonably uniform and neat appearance. The Design-Builder’s design and restoration shall be in accordance with the requirements of the Contract Documents and Legal Requirements. If the Design-Builder fails to provide and maintain necessary controls to prevent erosion and siltation, the Department may direct the Design-Builder to cease all other operations and direct his efforts toward corrective action in accordance with section 105.03(a), or may perform the Work with State forces or other means determined by the Department, using the same procedure as Section 105.14(e). Costs for applying seed, lime, fertilizer, and mulch; reforestation; drainage; erosion and siltation control; regrading; haul roads; and screening shall be included in the Contract Price.
Appears in 4 contracts
Samples: Project Specific Terms Agreement, Project Specific Terms Agreement, Project Specific Terms Agreement
Disposal Areas. The Design-Builder shall dispose of unsuitable or Surplus Material shown in the Contract Documents according to Contract requirements as specified herein. Material not used on the Project shall be disposed of by the Design-Builder off the Right of Way. The Design-Builder shall obtain the necessary rights to property to be used as an approved Disposal Area. For the purpose of these Division I Amendments to the Standard Specifications an approved Disposal Area is defined as that which is owned privately, not operated under a local or State permit, and has been approved by the Department for use in disposing of Material not used on the Project. The Design-Builder shall furnish the Department a statement signed by the property owner in which the owner agrees to the use of his property for the deposit of Material from the Project. Upon completion of the use of the property as an approved Disposal Area, the Design-Builder shall furnish the Department a release signed by the property owner indicating that the property has been satisfactorily restored. This requirement will be waived for commercial sources, sources owned by the Design-Builder, or and sources furnished by the Department. If an approved Disposal Area is not designated in the Contract, the Design-Builder shall obtain the necessary rights to property to be used as an approved Disposal Area. If the Design-Builder, having shown reasonable effort, is unsuccessful in obtaining the necessary rights to property to be used as an approved Disposal Area, the Department will obtain rights for a disposal area unless otherwise provided for in the Contract. If not shown in the Contract, compensation will be in accordance with Sections 104.02 and 109.05. Prior to the Department approving the Design-Builder’s Disposal Areas Area, the Design-Builder shall be cleared without damaging grass, shrubs, or vegetation outside the limits submit a site plan that shall show:
1. The location and approximate boundaries of the approved area and haul roads thereto, but not need to be grubbedDisposal Area.
2. After the Material has been deposited, the area shall be shaped Procedures to minimize erosion and siltation siltation.
3. Provision of nearby streams and landscaped in accordance Contractor’s agreement with the property owner. Excavated rock in excess of that used in Embankments in accordance with the requirements of Section 303 shall be deposited off the Right of Way in an approved Disposal Area. Deposits whose surface is composed largely of rock shall be leveled by special arrangement of the Material or reduction of the irregularity of the surface by crushing projections to create a reasonably uniform and neat appearance. The Design-Builder’s design and restoration shall be in accordance with the requirements of the Contract Documents and Legal Requirements. If the Design-Builder fails to provide and maintain necessary controls to prevent erosion and siltation, the Department may direct the Design-Builder to cease all other operations and direct his efforts toward corrective action in accordance with section 105.03(a), or may perform the Work with State forces or other means determined by the Department, using the same procedure as Section 105.14(e). Costs for applying seed, lime, fertilizer, and mulch; reforestation; drainage; erosion and siltation control; regrading; haul roads; and screening shall be included in the Contract Priceenvironmentally compatible screening.
Appears in 2 contracts
Samples: Lump Sum Design Build Agreement, Lump Sum Design Build Agreement
Disposal Areas. The Design-Builder shall dispose of unsuitable Unsuitable or Surplus Material shown in the Contract Documents according to Contract requirements shall be disposed of as specified herein. Material not used on the Project shall be disposed of by the Design-Builder off the Right of Way. The Design-Builder shall obtain the necessary rights to property to be used as an approved Disposal Area. For the purpose of these Division I Amendments to the Standard Specifications an approved Disposal Area is defined as that which is owned privately, not operated under a local or State permit, and has been approved by the Department for use in disposing of Material not used on the Project. The Design-Builder shall furnish the Department a statement signed by the property owner in which the owner agrees to the use of his property for the deposit of Material from the Project. Upon completion of the use of the property as an approved Disposal Area, the Design-Builder shall furnish the Department a release signed by the property owner indicating that the property has been satisfactorily restored. This requirement will be waived for commercial sources, sources owned by the Design-Builder, or and sources furnished by the Department. If an approved Disposal Area When neither unsuitable nor surplus Material is not designated shown in the ContractContract Documents, the Design-Builder shall obtain the necessary rights to property to be used dispose of it as an approved Disposal Areashown herein. If the Design-Builder, having shown reasonable effort, is unsuccessful in obtaining the necessary rights to property to be used as an approved Disposal Area, the Department will obtain rights for a disposal area unless otherwise provided for in the Contractcontract. If Compensation, if not shown in the Contract, compensation will be in accordance with Sections 104.02 the requirements of Section 104.02. Prior to the Department approving a Disposal Area, the Design-Builder shall submit a site plan. The plan shall show:
(1) the location and 109.05approximate boundaries of the Disposal Area;
(2) procedures to minimize erosion and siltation;
(3) provision of environmentally compatible screening;
(4) restoration;
(5) cover vegetation;
(6) other use of the Disposal Area;
(7) the drainage pattern on and away from the area of land affected, including the directional flow of water and a certification with appropriate calculations that verify all receiving Channels are in compliance with Minimum Standard 19 of the Virginia Erosion and Sediment Control Regulations;
(8) location of haul roads and stabilized construction entrances if construction Equipment will enter a paved Roadway;
(9) constructed or natural waterways used for discharge;
(10) a sequence and schedule to achieve the approved plan and;
(11) the total drainage area for temporary sediment traps and basins shall be shown. Sediment traps are required if the runoff from a watershed area of less than three acres flows across a disturbed area. Sediment basins are required if the runoff from a watershed area of three acres or more flows across a disturbed area. The Design-Builder shall certify that the sediment trap or basin design is in compliance with the Contract Documents and all Legal Requirements. Once a sediment trap or basin is constructed, the dam and all outfall areas shall be immediately stabilized. Costs for the work described herein shall be included in the Contract Price. The Design-Builder shall certify that the sediment basin design is in compliance with the Virginia Erosion and Sediment Control Regulations, all local, state, and federal ordinances, and Section 107.16. Disposal Areas shall be cleared without damaging but need not be grubbed. The clearing work shall not damage grass, shrubs, or vegetation outside the limits of the approved area and haul roads thereto, but not need to be grubbed. After the Material has been deposited, the area shall be shaped to minimize erosion and siltation of nearby streams and landscaped in accordance Contractor’s agreement with the property ownerapproved plan for such work or shall be used as approved by the Department. The Design-Builder’s design and restoration shall conform to the requirements of the contract and federal, state, and local laws and regulations. Excavated rock in excess of that used in Embankments in accordance with the requirements of Section 303 shall be deposited off the Right of Way in an approved Disposal Area. Deposits whose surface is composed largely of rock shall be leveled by special arrangement of the Material or reduction of the irregularity of the surface by crushing projections to create a reasonably uniform and neat appearance. The Design-Builder’s design and restoration shall be in accordance with the requirements of the Contract Documents and Legal Requirements. If the Design-Builder fails to provide and maintain necessary controls to prevent erosion and siltation, if such efforts are not made in accordance with the approved sequence, or if the efforts are found to be inadequate, the Department will withdraw approval for the use of the site and may direct cause the Design-Builder to cease all other contributing operations and direct his efforts toward corrective action in accordance with section 105.03(a), or may perform the Work with State forces or other means as determined by the Department. If the Work is not performed by the Design-Builder, using the same procedure as Section 105.14(e)cost of performing the Work plus 25 percent for supervisory and administrative personnel will be deducted from monies due the Design-Builder. Costs for applying seed, lime, fertilizer, and mulch; reforestation; drainage; erosion and siltation control; regrading; haul roads; and screening shall be included in the Contract Price.. Material encountered by the Design-Builder shall be handled as follows:
Appears in 2 contracts
Samples: Lump Sum Design Build Agreement, Lump Sum Design Build Agreement