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Home My WebLink AboutBarton Chapel Road Improvements ._~. Augusta Richmond GA DOCUMENT NAME: '01'(~ ~Pd '(d. \\'<l\X~ DOCUMENT TYPE: ~o.C-\-' YEAR:. BOX NUMBER:O-\ FILE NUMBER: \()~~~ NUMBER OF PAGES: \'OJ I) I I: I} 1:\ 11 1:1 11 I: I I II I: II I I' f I' I' CONTRACT DOCUMENTS FOR BARTON -CHAPEL RD. IMPROVEMENTS, PHASE I PROJECT NO. 55-8675-094 GA. DOT PROJECT NO.: PRLOP' 1502-1(245) RICHMOND COUNTY I I I I I I I I I I I I I I I I I H I LIST OF PROJECT DOCUMENTS Barton Chapel Road Improvements, Phase I Project Number: 55-8675-094 SECTION PAGES Instruction to Bidders IB-l thru IB-3 Georgia Prompt Pay Act PPA-l Minority and Economically Disadvantaged Business Support ME-l Special Conditions SP-l Agreement A-l thru A-4 General Conditions 1 thru 33 Supplementary Conditions SC-l thru SC-2 Proposal P-l thru P-6 Construction Exit CE-l General Notes G-l thru G-15 Traffic Control TC-l thru TC...,23 County Contract Specifications CC-l thru CC-24 I I I I I I I I I I I I I I I I I I I SECTION IB INSTRUCTION TO BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be given consideration must be received at least five .days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three 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. IB-1 I I I I I I I I I I I I I I I I I I I IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the perfor~ance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-2 I I I I I I I I I I I I I I I I I I I IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capi tal available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the state of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be. made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-3 I I I I I I I I I I I I I I I I I I I GEORGIA PROMPT' PAY ACT This contract is intended by the parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, o. C. G. A. section 13-11-1, et seg. In the event any provision of this Contract is inconsistent with any provision of the Prompt Pay Act, the provision of this contract shall control. NOTICE All references in this document, which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to "Richmond County Board of Commissioners" shall be deemed to mean "Augusta-Richmond County Commission- Council and all references to "Chairman" shall be deemed to mean "Mayor". DISPOSALS Prior to any material from this project being wasted or otherwise dis;posed of outside the proj ect limits . the Contractor shall furnish the Engineer a copy of written permission, signed by the property owner (or his authorized agent) describing the estimated amount and type of material to be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other such materials are to be wasted on the property, a copy of the owner's inert landfill permit, issued by the Environmental Protection Division shall be furnished to the Engineer prior to any such waste being removed from the project. In all cases, regardless of the material being wasted, a grading permit issued by Augusta-Richmond County must be furnished to the Engineer. PPA-1 I I I I I I I I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County- council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. Wi th all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. ME-1 I I I I I I I I I I I I I I I I I I I BARTON CHAPEL ROAD IMPROVEMENTS, PHASE I project Number: 55-8675-094 SPECIAL CONDITIONS SCOPE: This project includes drainage improvements in the Barton Chapel Road area in accordance with the specifications and plans. The Contractor shall supply all materials, equipment, labor and supervision necessary to properly complete this project. TERMINI AND LENGTH: (See Plans) LUMP SUM CONSTRUCTION: Item Number 230-1000 Lump Sum Construction includes, but is not limited to, the following: Locating, maintaining and reclaiming disposal and/ or borrow areas, construction staking, removals and relocations not covered by a separate pay item, excavation, borrow, sawing pavement, traffic control, removing and resetting work obstructions and any other work not covered by a specific pay item. R!W CONSIDERATIONS: (To be included in Lump Sum Construction) a) On the property of Montgomery, located at 1600 Barton Chapel Road, the existing concrete driveway pipe shall be removed with care and placed on the Montgomery property. The wood fence along the front of this property is attached to large treated timber poles embedded in three to four feet of concrete. This fence, if required, is to be removed and reset in equal or better condition than exists at the beginning of work on this project. A temporary fence is to be installed by the contractor until the fence is reinstalled in it's present position. ~ NOTE: The contractor may elect to work around 't:he fence, rather than temporarily relocating it so lonq as the desired results are achieved. This must have the approval of the Enqineer. The Montgomery's address is: Zennis Albert Montgomery, Jr. and John Leroy Montgomery 3500 Crescent Drive Augusta, Georgia 30909 SP-1 I I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the c..!! day of ~.~ ,19.'1:1 by and between Auqusta-Richmond County Commission-Council party of the first part, hereinafter called the OWNER, and APAC-Georqia, Incorporated party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Barton Chapel Road Improvements, Phase I Project Number: 55-8675-094 and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby .made a part of this agreement.. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within ~ calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 220 calendar days with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be. done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. A-1 I I I I I I I I I I I I I I I I I I I IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contrac t for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of an work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT (a) The Contract Sum The Owner shall pay to the Contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Proqress Payment On no later than the fifth day every month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 I I I I I I I I I I I I I I I I I I I ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (a) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within 15 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A-3 I I I I I I I I I I I I I I I I I .1 .1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. <l>-"""-~~~'\~~~ .0--- R/.CH!VlO~r^ ~!l. _ /.. 'Vu 'l~ ff"~ .~50""00"'".. ('0 ~. IS''::;;'" 0"" "0 c.. ~ pi,.. ee r 0" ~ ~ .: jrI S' l'~' "0" 1 ~ $E8r; : 1 . ~ :- t. .. II ... OJ , I".i . .", At~. i:::~- . d AUGUSTA-RICHMOND COUNTY COMMISSION- OUNCIL (Owner) By: Richmond County Commission-Council p,t.. Yr' cji;c/ ~ SEAL CONTRACTOR: A 112,Z:,or? /(1 ) IN (" By: I,;{ _ ___ Title: D'V/SION Pres/deNt Address: PO, 13 0 X / / c 'I /!U'j"",k, ) Ga. 3090.3 -lIz1 Att,J ~ J/JZa~l Secretary Wi~ ;/ b~ ~~ ~~ ,~-, f ..., " #" #.t "'.... "..) ~~~... .;.>o;;.~.::;:::a" ....?,..- ...,,, . , . A-4 I Il_ Il__ I. I I I I I I I I I I I I I I I GENERAL CONDITIONS I I~- IL IL IL I I I I I I I I I I I 1,_- I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title Pa~e DEFINITIONS...................................................... 7 ., PRELIMINARY MATTERS ........................................ 8 3 CONTRACT DOCUMENTS: INTENT. AMENDING AND REUSE......................... ...... 9 4 A V AILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS..... ........... .................. ..... ....... 10 5 BONDS AND INSURANCE ........................................ J I 6 CONTRACTOR'S RESPONSIBILITIES................ .:.......... 14 7 OTHER WORK. .... ............... ....... ... .... .... ....... .... .... 18 8 OWNER'S RESPONSIBILITIES.................................... 19 9 ENGINEER'S STATUS DURI:--IG CONSTRUCTION .............. 19 10 CHANGES [:--I THE WORK......................................... ~I II CHANG E OF CONTRACT PRICE.. .. .. .. .. .. .. . .. .. .. . .. .. .. .. .. .. 1\ 11 CHANGE OF CONTRACT TIME....... ............................ :4 13 WARRANTY ,~ND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOV AL OR ACCEPTANCE OF DEFECTIVE WORK .......... ................. 14 14 PA YMENTS TO CONTRACTOR AND COMPLETION ............ 16 15 SUSPENSION OF WORK AND TERM[NATION ....... .......... 29 16 ARB[TRAT[ON..................................................... 31 17 MISCELL\N EOUS . . . . . . . . . .. .... . .. . . . .. . . .. . . .. . .. .. . . . . . . . . .. . .. 32 3 , I- I I INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Insurance ............................. 5.13 Access to the Work ........................... .. ... .. 13.2 Addenda-definition of (see definition of Specifications I ........................................ 1 Ail'eement-<1efinition of ................................ 1 All Risk Insur:lnce ..................................... 5.6 Amendment. Written ............................. 1. 3.1.1 Application for Payment-<1efinition of .................. I Application for Payment. Final ...................... 14.12 Application for Progress Payment .................... 14.2 Application for Progress Payment-review of .... 14.4-14.7 Arbitration ............................................. 16 Authorized Variation in Work ......................... 9.5 A vailability of Lands .................................. 4.1 A ward. Notice of-<1efined .............................. I I I I I Before Starting Construction ...................... :.5-2. i Bid-<iefinilion of ....................................... 1 Bonds and Insurance-in general ........................ 5 Bonds--detinition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I Bonds. Delivery of ............................. _. :.1. 5.1 Bonds. Perfonnance and Other .................... S.I-5.: I I Cash Allowances ..................................... 11.8 Change Order-definition of ............................. I Change Orders-to be executed ...................... 10.4 Changes in the Work ................................... 10 Claims. Waiver of -on Final Payment ............... 14.16 Clarifications and Interpretations ...................... 9.4 Cleaning ...................................... . . . . . .. 6.17 Complelion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. ] 4 Compietion. Sucstanlial ......................... 14.8-14.9 Conference. Preconstruction .......................... :.8 Conflic~. Error. Dlscrepancy-Contractor to Report ................................;..... ~.5. 3.3 Construction Machinery. Equipment. etc. ............. 6A Continuing Work ..................................... 6.:9 Contract Documents-amending and supplementing ............ ....................... 3.4-3.5 Contract Documents--deiinition of .................... ~. 1 Contrac~ Documents-Intent.................. .... 3.1-3.3 Contract Documents-Reuse of ....................... 3.6 Contract Price. Change of .............................. 11 Contract Price-Jefinition ............................... I Contract Time. Ch3nge oi ...:.......................... I: Contract Time. Commencement of .................... :.3 Contract Time-<iefinition of ............................ I Contractor-<1ennition ot" ................................ 1 Contr:lctor May Stop Work or Tenninate ............. 15.5 Contractor's Continuing Obligation.................. 14.15 Contr:lctor's Duty to Report Discrepancy in Documents .................................. :.5. 3.: Contr:lctor's Fee-Cost Plus ... II..U.6. 11.5.1. 11.6-11.-:' Contr:lctor's Liability Insurance ....................... 5.3 Contractor's ResDonsibilities-in general ................ 6 I I I I I I I I I Contractor's Warranty of Title ........................ 14.3 Contractors--other ...................................... 7 Contractual Liability Insurance ........................ 5.4 Coordinating Contraclor-detinition of ................ 7.4 Coordination .......................................... 7.4 Copies of Documents .................................. :.: Correction or Removal of Defective Work ........... 13.11 Correction Period. One Year ............... .......... 13.12 COlTCction. Removal or Acceptance of Defective Work-in general ........................... 13.11-13.14 Cost-net decrease ................................. 11.6.2 Cost of Work .................................... 11.4-11.5 Costs. Supplemental. . . . . . . . . . . . . . . .. . . .. - . .. . . . . . .. 11.4.5 Day-deiinition of ....................................... I Deft'C'livt-definition of ................................. 1 Dtft'C'livt Work. Acce~:ltance of ...................... 13.13 DefeC'livt Work. Correction or Removal of .......... 13.11' Deft'clive Work-in general............... 13.14.7.14.11 Dt'ft'crive Work. Rejecting..... .. .............. ........ 9.6 Definitions .............................................. I Delivery of Bonds ..................................... !.1 Determination for Unit Prices ........................ 9.10 Disputes. Decisions by Engineer... .............. 9.11-9. n Documents. Copies of ................................. !.! Documents. Record ................................... 6.19 Documents. Reuse .................................... 3.6 Drawings-definition of ................................. 1 Easements ............................................ 4.1 Effective date of Agreement-<1efinition of . . . . . . . . . . . . . .. 1 Emergencies ......................................... 6.:1 Ensineer-definition of .................................. I Ensineer's Decisions ............................ 9.10-9.12 Engincer's-Notice Work is Acceptable ............. 14.13 Engineer's Recommendation of Payment ...... 14.4. 14.13 Engineer's Responsibilities. Limitations on ................. 6.6,9.11,9.13-9.16,18.2 Engineer's Slatus During ConsU"Uction-in general ...... 9 Equipment. Labor. Materials and.................. 6.3-6.6 Equivalent Materials and Equipment .................. 6.7 Explorations oi physical conditions.................... 4.2 Fee. Contractor's-Costs Plus........................ ".6 Field Order-deiinition of ............................... I Field Order-issued by Engineer ................ 3.j.1. 9.5 Final Applic3tion for Payment.. ..................... 14.12 Final Inspection ..................................... 14.11 Final Payment and Acceplance ...................... /4.13 Final P3yment. Recommendau\Jn of ........... 14.13-14.14 General Provisions .............................. 17 .J-' i.4 General Requirements-definition of . . . . . . . . . . . . . . . . . . . ., I General Requirement5--pnncipal references to ................. 2.6. 4.4. 6.4. 6.6-6.7. 6.:3 -l I I I Giving Notice ........................................ 17.1 Guarantee of Work-by Contractor................... 13.1 >.. Indemnification . . . . . . . . . . . . . . . .. . . . . . . . . . . .. 6.3().6.32. 7.5 I Inspection. Final ...... ............................... 14.11 Inspection. Tests and ............;.................... 13.3 Insurance. Bonds and-in genen.l ....................... S I Insurance. Certificates of ........................... 2.7. 5 Insurance-<:ompleted operations...................... 5.3 Insurance. Contractor's Liability ...................... 5.3 Insurance. Contractual Liability ....................... S.4 I Insurance. Owner's Liability.......................... 5.5 Insurance. Property .............................. 5.6-5.13 Insurance-Waiver of Rights ......................... S.II Intent of Contract Documents ................... 3.3. 9. 14 I Intell'retationsand Clarifications ...................... 9.4 Investigations of physical conditions. . . . . . . . . . .. . . . . . ., 4.1 I Labor. Materials and Equipment .................. 6.3-6.5 Laws and Regulation~efinition of ..................... I Laws and Regulations-general ....................... 6.14 Liability Insurance-Contractor's .,................... 5.3 I Liability Insurance-Owner's ,........................ S.5 Liens-definitions of ................................ 14.1 Limitations on Engineer's Responsibilities ..,.................. 6.6.9.11. 9.13-9.16 I Materials and equipment-fumished by Contractor .... 6.3 Materials and equipment-not I incoll'orated in Work .............................. 14.2 Materials or equipment-equivalent ................... 6.7 Miscellaneous Provisions. .............................. 17 Multi-prime contracts ........ . . . . . . . . . . . . . . . . . . . . . . . . . .. i I Notice. Giving of ........ ................. ............ 17,1 Notice of Acceptability of Project ................... 14.13 Notice of Award~efinition of .......................... I Notice'to Proceed~efinition of ......................... 1 Notice to Proceed-giving of ............................ ~.3 I I "Or-Equal" Items. . . . . .........................,...... 6. i Other contractors .....,............,.................... 7 Other work .............................................. i Overtime Work-prohibition of ........................ 6.3 Owner~efinition of ,................................... 1 Owner May Correct Defecrive Worle ................. 13.14 Owner May Stop Work.............................. 13.10 Owner May Suspend Work. Terminate .......... 15.1-ISA Owner's Duty to E:tecute Change Orders ...,........, II.S Owner's Liability Insurance ........................... 5.5 Owner's Representative-Engineer to serve:lS .......' 9,1 Owner's Responsibilities-in general .,.................. 8 Owner's Sep:lrate Representative at site ..,......".... 9,] I I I I Partial Utilization ,................................. 14.10 Partial Utilization-Jelinition of ...........,............. 1 Partial Utilization-Property Insurance,........... .., 5,15 Patent F.:es :lnd Royalties ,........................... 6,1: Payments. Recommend:llionof ........... 14.4-14,7,I.U] Payments to Contr:lctor-in general .................... 14 I I Payments to Contractor-when due ........... 14.4. 14.13 Payments to Contractor-withholding ................ 14.7 Performance and other Bonds ..................... 5.1-5.2 Permits. .. . . . . . . .. .. .. . . .. . . .. .. . ... . .., .... .. . . .. .... 6.13 Physical Conditions ................................... 4.2 Physical Conditions-Engineer's review ............. 4.2.4 Physical Conditions--existing strUctures ............. 4.2.2 Physical Conditions--explorations and reportS. .. .. .. 4.2.1 Physical Conditions-possible document change ..... 4.2.~ Physical Conditions-price and time adjustments .... 4.1.5 Physical Conditions-report of differing ..........,.. 4.2.3 Physical Conditions-Underground Facilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ..................................... Z Premises. Use of ................................ 6.16-6.18 Price. Change of Contract .............................. II Price-Contract~efinition of ............................ I Progress Payment. Applications for. . . . . ., . . .. . . . . . . .. 14.2 Progress Payment-retainage ......................... 14.2 Progress schedule ............... 2.6.2.9.6.6.6.29. 15.2.6 Project--definition of .................................... I Project Representation-provision for ................. 9.3 Project Representative. Resident~efinition of ,......... I Project. Starting the ................................... 1.4 Property Insurance ............................... 5.6-5.13 Property Insurance-Partial Utilization ............... 5.15 Property Insurance-Receipt and Application of Proceeds ..... .......... ...... .... .... ...... S.12-S.13 Protection. Safety and ........................... 6.2().6.21 Punch list ........................................... \4.\\ Recommendation of Payment..... ............. 14.4. \4.13 Record Documents ........:.......................... 6.19 Reference Points ...................................... 4.4 Regulations. Laws and ............................... 6.14 Rejecting D~f~clive Work ............................. 9.6 Related Work at Site ............... ~.............. 7.1-7.3 Remedies Not E:tc\usive ,............................ 17.4 Removal or Correction of Defulive Work ........... 13.11 Resident Project Representative-definition of ."...... ,. 1 Resident Project Representative-provision for........ 9,3 Responsibilities. Contractor's-in genera! ....,.......... 6 Responsibilities. Engineer's--in genera! ................. 9 Responsibilities. Owner's.-ln general.................... 8 Retainage ............................................ 14.2 Reuse of Documents .................................. 3.5 Rights of Way ,........................................ .$.1 Royalties. Patent Fees and ........................... 6.11 Safety and Protection.,..,.. 6.20-6.21, 18.1-18.2 Samples,...,.................................... 6.13-6.28 Schedule of progress ........ 2.6.2.8-2.9.6.6.6.29. 15.1.6 Schedule of Shop Drawing submissions...................... 2.6.1.8-2.9.6.13. 14,1 Schedule of values ...................... 1.6.1.8-2.9. 1.$.1 Schedules. Finalizing. ...... .. ............ .. ,.......... ~.9 Shop Drawings and Samples. . . . . . . . . . . . . . . . , . . .. 6.23-6.28 Shop Drawings-definition of , .. .. .. .. .. .. .. .. .. .. .. .. ... I Shop Drawings. use 10 approve substitutions ...................................... 6.7.3 5 \1 L :1 I ~I- ite. Visits to-by Engineer ........................... 9.2 pecifications-definition of ............................. I ! taning ConstrUction. Before ... . . . . . .. . . . . . . .. . . .. 2.5-2.8 I " , Starting the Project ,............. ~ .. . .. .. . . .. . . . .. . . . .. 2.4 .toPPing Worlt-by ContraCtor....................... 15.5 topping Work-by Owner....._.................... 13.10 ubcontractor-definition of ............................. I Subcontractors--in general ....................... 6.s.o.11 rUbcontracts-reqUired provisions ............ 5.11.1. 6.11 11.4.3 Substantial Completion-<:ertification of .............. 14.8 " Substantial Completion-<!efinition of ., . . . . . . . . . . . . . . . . .. I ISUbStitute or "Or-Equal" Items _...................... 6.7 Subswface Conditions. . . . . . . . . .. ., . . . . .. ..... . . .,. 4.2-4.3 Supplemental costs ................................. 11.4.5 I SupplementarY Conditions-definition of ................ I SupplementarY Conditions-principal " references to .. 2.2.4.2.5.1.5.3.5.6-5.8. 6.3. 6.13. 6.23. 7,4.9.3 I Supplementing Contract Documents ............... 3.4-3.5 Supplier-definition of ................................... I Supplier-principal references to .,. 3.6.6.5.6.7-6.9.6.20. 6.24.9.13.9.16.11.8.13.4.14.12 I Surety--consentto payment...,.............. 14.12. 14.14 Surety-Engineer has no duty to ..................... 9.13 Surety-notice to .......................... 10.1. 10.5. 15.2 I Surety-qualification of ........................... 5.1-5.2 Suspending Work. by Owner ......................... 15.1 Suspension of Work and Termination--in general....... IS Superintendent-Contractor's ......................... 6.2 I 5.,","';';0. and S.,",ri.t<.de.oe ... . . . . . . . . . . . . ... 6.1-6.2 Taxes-Payment by Contractor.. .. . .. .. . .. . .. .. . .. ... 6.15 Termination-bv Contractor.......................... 15.5 I Termination-by Owner.. ....................... 15.2-15.4 Termination. Suspension of Work and-in general ...... 15 Tests and Inspections ........................... 13.3-13.7 Time. Change of Contract ...............,.........,.... I:! I I I I I I I Time. Computation of ................................ 17.2 Time. Conuact-definition of ............................ I Uncovering Work ............................... 13.8-13.9 Underground Facilities-definition of .................... I Underground Facilities-nOt shown or indicated..... 4.3.2 Underground Facilities-protection of ........... 4.3.6.20 Underground Facilities-shown or indicated....,.... 4.3.1 Unit Price Work-definition of .......................... I Unit Price Work-general ................. 11.9. 14.1. 14.5 Unit Prices ......................................... 11.3.1 U nit Prices. Determinations for .. .. .. . .. .. .. .. .. . .. .., 9.10 Use of Premises................................. 6.16-6.18 Utility owners .......................... 6.13.6.20.7.2-7.3 Values. Schedule of ......................... 2.6.2.9. 14.1 Variations in Work-Authorized............ 6.25.6.27.9.5 Yisits to Site-by Engineer ............................ 9.2 Waiver of Claims-on Final Payment ................ 14.16 Waiver of Rights by insured panies ........,.... 5,10.6.11 Warranty and Guarantee-by Contractor ............. 13.1 Warranty of Title. Contractor's ..,.................... 14.3 Work. Access to ..................................... 13.2 Work-by others ........................................ 7 Work Continuing During Disputes .................... 6.29 Work. Cost of ................................... 1\.4-1 \.5 Work-definition of ..................................... I Work Directive Change-definition of ................... I Work Directive Change-principal references to ............ ................ 3.4.3. 10.1-10.2 Work. Neglected by Contractor ..................... 13.14 Work. Stopping by Contractor........................ 15.5 Work. Stopping by Owner ....................... 15.1-15.4 Written Amendment-definition of ...................... I Written Amendment-principal references to ..................... 3,4.1. 10.1. 11.2. 12.1 6 I IL GENERAL CONDITIONS II. \RTICLE I-DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings I' ndicated which are applicable to both the singular and plural :hereof: I Addl.'ndCl-Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the bidding documents or the Contract Documents. Ii A1!rumefl(- The written agreement between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein, I ApplkCl/;"" .Ii" Pa~'melll- The form accepted by ENGI- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents, I I Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed, I BOllds-Bid. performance and payment bonds and other instruments of security. I Change Order-A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition. deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time. issued on or after the Effecti\'.: Date of the Agreement. I COlllr(/{'/ Doculllelll5- The Agreement. Addenda t which per- tain to the Contract Documents). CONTRACTOR's Bid (including documenlation accompanying the Bid and any post- Bid documentation submitted prior to the Notice of Award) when auached as an exhibit to the Agreement. the Bonds. these General Conditions. the Supplementary Conditions, the Specifications and the Drawings as the same are more spe- cifically identified in the .-\greement. together w,ith all amend- ments. modifications and supplements issued pursuant to paragraphs JA and 3.5 \to or after the Effective Date of the Agreement, I I I I CIlIllrt/C/ PriC'e- The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreem.:nt tsubject to the provisiuns of paragraph 11,9,1 in the case of Unit Price Work). I CII"/nIl'/ Till//'- The number of days lcomputed as provided in par~tgraph 17 .~l or the date sl:tted in the Agreement for the comph:tion of the Work, I CONTRACTOR-The person. firm or corpor-uion with whllm OWNER has entered inlll the Agreemenl. I Jefec/il'e-An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. or does not conform to the Contract Documents. or does not meet the requirements of any inspection. reference standard. test or approval referred to in the Contract Documents. or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14,8 or 14,101. Drnll'i/lg5- The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents, EfJer/;I'e Dare of /he A,I(rt't'mem- The date indicated in the Agreement on which it becomes effective. but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two panies to sign and deliver. E.VGINEER- The person. firm or corporation named as such in the Agreement. Field Order-A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time, G~IIeral Reql/iremenrs--Sections of Division I of the Speci- fications. LOll'S and Regl/lations: Lall's or Regula/ions-Laws. rules. regulations. ordinances. codes and/or orders. Nil/ice of A lI'ard- The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified. OWNER will sIgn ant.! t.!eii\er the ,-\greemenl. ,V(}/ice {/J Proceed-A written notice given bv OWNER to CONTRACTOR (with a copy to ENGINEER) fi:\ing the date on which th~ Contract Time will commence to run and on which CONTRACTOR shall start to ~erform CONTRAC- TOR'S obligations under the Contract Documents. OWNER-The public body or authority. corporation. asso- ciation. I1rm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. PllrriCllliri/i:.cuioll-Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion lor all the Work. PrtJ;ec/- The total construction of which the Work to be provided under the Contract Documents may be the whole. or a part as indicaled elsewhere in the Contract Documents. R.'Jidel/l P/'(~ic'('/ RC'"re,H'I/lI//;I'e- The authorized represen- t~ltive of E~GINEER who is assigned to the site or any part thereof. 7 I 1- Shop Drawings-All drawings. diagrams. illustrations. schedules and other data which are specifically prepared by or for CONTRACTOR to illustnlle some portion of the Work and all illustrations. brochures. standard schedules. perfor- mance chans. instructions.. diagrams and other information prepared by a Supplier and submined by CONTRACTOR to illustrate material or equipment for some ponion of the Work. I I Spuificarions- Those ponions of the Contract Documents consisting of written technical descriptions of materials. equipment. construction systems. standards and workman- ship as applied to the Work and certain administrative details applicable thereto. I I Subconrracror-An individual. firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a pan of the Work at the site. I SubstallliaJ Completion- The Work (or a specified pan thereoO has progressed to the point where. in the opinion of ENGI- . NEER as evidenced by ENGINEER's definitive cenificate of Substantial Completion. it is sufficiently complete. in accordance with the Contract Documents. so that the Work (or specified panl can be utilized for the purposes for which it is intended; or if there be no such cenificate issued. when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted.' as applied to any Work refer to Substantial Comple- tion thereof. I I I I Supplementary Conditions-The pan of the Contract Docu- ments which amends or supplements these General Condi- tions. I Suppliu-A manufacturer. fabricator. supplier. distributor. materialman or vendor. I Underground Facilirit:s-All pipelines. conduits. ducts. cables. wires. manholes. vaults. tanks. tunnels or other such facilities or attachments. and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity. gases. steam. liquid petroleum products. telephone or other communica- tions. cable television. sewa[re and drainage removal. traffic or other control systems or water. I I Unit Priu Work-Work to be paid for on the basis of unit pnces. I Work-The entire completed construction or the various sep- arately identifiable pans thereof required to be furnished under the Contract Documents. Work is the result of per- forming services. furnishing Jabor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contract Documents. I I Work Directive Change-A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. I ordering an addition. deletion or revision in the Work. or responding to differing or unforeseen physical conditions UDder which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time. but is evidence that the panics expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the panies as to its effect. if any. on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendment-A written amendment of the Contract Doc:uments. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and nonnnlly deal- ing with the nonengineering or nontechnical rather than strictly Work.related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MA TIERS De/j"ery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of DocumelllS: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neC. essary for the execution of the Work. Additional copies will be furnished. upon request. at the cost of reproduction. Commencenulll of COn/ract Time: Notice 10 Proceed: :!.3. The Contract Time will commence 10 run on the thinieth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thiny days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thinieth day after the Effective Date of the Agreement. whichever date is earlier. SlIU'ting the Project: 2.4. CONTRACTOR shall stan to perform the Work on the date when the Contract Time commences to run. but no Worle shall be done at the site prior to the date on which the Contract Time commences to run, Befon SllII'ting Constnrction: 2.5. Before undenaking each pan of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify peninenl figures shown 8 I I... thereon and all applicable field measurements. CONTRAC- TOR shall promptly repon in writing to ENGINEER any conflict. error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby: however. CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to repon any conflict. error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. I I I 2.6. Within ten days after the Effective Date of the Agree- ment I unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for review: 1 I 2.6.1. an estimated progress schedule indicating the staning and completion dates of the various stages of the Work: I 2,6.2. a preliminary schedule of Shop Drawing sub- missions: and I 2.6,3, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component pans in sufficient detail to serve as the basis for progress payments during construction, Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con. firmed in writing by CONTRACTOR at the time of sub- mission. I I 2.7. Before any Work at the site is staned. CONTRAC- TOR shall deliver to OWNER. with a copy to ENGINEER. cenificates land other evidence of insurance requested by OWN ERI which CONTRACTOR is requlred,to purchase and maintain in ;l.:cordance with para~raphs ),3 and SA, and OWNER shall deliver to CONTRACTOR certificates land other evidence of insurance requested by C,ONTRACTORl which OWNER is required to purchase and maintain in accordance with paragraphs 5,6 and 5.7, I I I Prtconsrruclion C onftrtnct: 2.8. Within twenty days after the Effective Date of the Agreement. but before CONTRACTOR starts the Work at the site. a .:onierence attended by CONTRACTOR. E:-lGI. NEER and lHhers as appropriate will be held to Jiscuss the schedules reierred to in paragraph 2.0. to discuss procedures for handling Shop Drawings and other submittals and for processing Applications ior Payment. and to establish a working understanding among the panies as to the Work, I I I Finali:ing Schedu/ts: 2. \I, .-\t le~lst ten Ja\'s before submission of th~ first Aprli- cation for P~I\'ment a conference attended by CONTRAC- TOR. ENGINEER anll others as appropriate will be he III to finalile the '.:helluk~ ~ubmitted in al:cordanl:t: \\'ith para- I I graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neither impose.on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions, The finalized schedule ofvalues will be acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE I nt~nt: 3,1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or pan thereot) to be con- structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association. or to the Laws or Regulations of any governmenlal authority. whether such reference be specific or by implication. shall mean the latest standard specification. manual. ~ode or Laws or Regulations in effect at the time of opening oi Bids lor, on the Effective Date of the Agreement if Ihere were no Bids). e:<cept as may be otherwise specifically staled. However. no provision of any referenced standard specification. manual orcode (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER. or any of their consuilants. agems or c:mploy- ees from those set fonh in the Contract Documents. nor shall it be effective to ;lssign to ENGINEER. or any of E:-lGJ- NEER's consultants. 'agents or employees. any dUlY or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of paragraph 9, /5 or 9,16, Clarifications and interpretations of the Contract Documents ,hall be issued by ENGINEFR as provided in puragr.lph 9..J. 3.3. If. during the performance of the Work. CONTRAC- TOR finlls a conlli~t. error or discrepancy in the Comract Documents. CONTRACTOR shall so repon to ENGINEER in writing at once anll before proceeding with the Work affected thereby ~hall obtain a \\Tllten interpretation or clarification 9 I lmENGlNEER~ however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to repon any I ,fiict. error or discrepancy in the ContnlCt Documents less CONTRACTOR had actual knowledge thereof or should reasonably have'lcnown thereof. I wn.dinr and Suppumf!ruing Conll'tlCt DOCIUllf!/IlS: 3.4. The Contract Documents may be amended to p~ _' 1e for additions. deletions and revisions in the Work or to xiify the tenns and conditions thereof in one or more of ne following ways; " 1- 3.4.1. a formal Written Amendment. 3.4.2. a Change Order (pursuant to paragraph 10.41, I or 3.4.3. a Work Directive Change (pursuant to para. graph 10.1). I s indicated in paragraphs I I .2 and 12.1. Contract Price and ,-ontract Time may only be changed by a Change Order or a Written Amendment. I 3.5. In addition. the requirements of the Contract. Docu- ments may be supplemented. and minor variations and devia- tions in the Work may be authorized, in one or more of the I ,Uowing ways: 3.5.1. a Field Order (pursuant to paragraph 9.5). I 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.:m. or I 3.5.3.. ENGINEER's written interpretation or clarifi. cation (pursuant to paragraph 9.41. 11euse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur. I 'l~hing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership .ights in any of the Drawings. Specifications or other docu- ments (or copies of any thereoO prepared by or bearing the I ieal of ENGINEER: and they shall not reuse any of them on :xtensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. I I ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS A vaUlJbilizy of Lands: I 4.1. OWNER shall furnish. as indicated in the Contract Documents. the lands upon which the Work is to be per- fonned. rights-of.way and easements for access thereto. and I such other lands which are designated for the use of CON. TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands. rights-of.way or ease. ments entitles CONTRACTOR to an extension of the Con- tract Time. CONTRACTOR may make a claim therefor as provided in Anicle 12. CONTRACTOR shall. provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Plr,sicDl CollllUions: 4.2.1. Exp/orations and R~ports: Reference is made to the Supplementary Conditions for identification of those repons of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such repons. but not upon nontechnical data. interpreta. tions or opinions contained therein or for the completeness " thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Existing Structur~s: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditidns in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.:!.6. CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. R~port of DifJ~ring Conditions: If CONTRAC- TOR believes that: 4.2.3.1, any technical data on which CONTRAC. TOR is entitled to rely as provided in paragraphs 4.:.1 and 4.:!.: is inaccurate. or 4.2.3.Z. any physical condition uncovered or revealed at the site differs materially from that india cated. reftected or referred to in the Contract Docu- ments. CONTRACTOR shall. promptly after becoming aware thereof and before perfonning any Work in connection therewith (except in an emergency as pennitted by para- gTBph 6.:!:!l. notify OWNER and ENGINEER in writing about the inaccuracy or difference. 10 I L 4.2.4, ENGINEER'J RH;ell': ENGINEER will promptly review the pertinent conditions. determine Ihe necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writinglwith a copy to CONTRACTOR) of ENGINEER's findings and con. c1usions, I I 4.2.5, POHih/e Document OWn/it: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi. tions a change in the Contract Documents is required. a Work Directive Change or a Change Order will be issued as provided in Article 10 to retiect and document the consequences of the inaccuracy or difTerence. I I 4,2.6, Possible Price Clnd Tillie Adjustlllellls: In each such case. an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereof. will be allowable to the extent that they are anributable to any such inaccuracy or difTerence. If OWNER and CONTRACTOR are unable to agree as to [he amount or length thereof. a claim may be made therefor as provided in Articles j I and 12, I I I Physical C ondilions-l.:ndtrground F acilitits: 4.3,1. 51101l'n or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENG IN EER by the owners of such Underground Facil. ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: I I I 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. I .U.I.~. CONTRACTOR shall have full responsi. bility for reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents, for coordina- tion of the Work with the owners of such Underground Facilities during construction. for the safety and pro- tection thereof as provided in paragraph 6,20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in the Contract Price, I 1 I .J.J.:!. Nor Sholl''' or IlILliccl1ed. If an Underground Facility is uncovered or revealed al or co'ntiguous to the site which was nOI shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ablv have been e:<pected to be aware of. CONTRACTOR sh.III. promptly :tfta becoming aW;Jre thereof and before performing ~lOy Work afTected thereby texcept in an emer- gency as permilled t1y paragraph 0.22>. identify Ihe owner of such Underground Facility and give wrillen notice thereof to that owner and III OWNER and ENGINEER. ENGI- ~EER will prompll\' review Ihe Cnuergrounu Facilil\' 10 I I I determine the extent to which the Contract Documents should be modified 10 reflect and document the conse. " quences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary, During such time. CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20, CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time. or both. to the e:<tent that they are attributable to the e,istence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. Reftnnct Points: 4,4, OWNER shall provide engineering surveys to estab. lish reference points for construction which in ENGIN EER' s judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work lunless otherwise specified in the General Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER, CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such ref. erence points by professionally qualified personnel. ARtICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- merit Bonds. each in an amount at least equal to the Contract Price as security for the faithful pert'ormance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in efTect at least until one year after the date when final payment becomes due. e:(cept as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi. tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in Ihe current list of "C om- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 570 lamended) by the Audit StafT Bureau of Accounts. U .S, Treasury Department. All Bonds signed by an agent musl be aCl:ompanied by a certified copy of the authorilY to act. 5.2. If the surety on any Bond furnisheu b~' CONTR.-\C- TOR is declared a bankrupt or becomes insolvent or its right 1\' do business is lerminaleu in any state where any pan of II 1-.. "^. PToj..t is 'ocat.d or it ....., to m..' ,h. ,""ui..m.ou ,n( paragraph 5.1. CONTRACTOR shall within five days Ilereafter substitute another Bond andSurety, both of which ..Iust be acceptable to OWNER. ' I .ontrrl&tors Liabilky IlISlU'IUIce: 5.3. CONTRAcrOR shall purchase and maintain such comprehensive geneml liability and other insurance as is I ppropriate for the Work being performed and furnished and _ s will provide protection from claims set forth below which may arise out of or result from CONTRAcrOR's perfor- mance and furnishing of the Work and CONTRAcrOR's I ther obligations under the ContraCt Documents. whether it ; to be performed or furnished by CONTRACTOR. by any Subcontractor. by anyone directly or indirectly employed by 1- ny of them to perform or furnish any of the Work.. or by nyone for whose acts any of them may be liable: 1 5.3.1. Claims under workers' or work.men' s compen- sation. disability benefits and other similar employee ben- efit acts: I 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease. or death of CONTRAC- TOR's employees: 1 5.3.3. Claims for damages because of bodily injury, sickness or disease. or death of any person other than CONTRAcrOR's employees: I 5.3.4. qaims for damages insured by personal injury liability coverage which are sustained lal by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or (b) by'any other person for any other reason: I 5.3.5, Claims for damages. other than to the Work itself. because of injury to or destruction of tangible prop- erty wherever located. including loss of use resulting therefrom: I I 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property: and I 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. maintenance or use of any motor vehicle. I The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- I tary Conditions. or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur. ance so required to be purchased and maintained lor the I certificates or other evidence thereoO shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled. materially changed or renewal refused until at least I thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRAcrOR may be correcting. removing or replacing defecrivt' Work in accordance with paragraph 13.12. In addition. CONTRAcrOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. CotllnU:DUll Liabilky InslUllllCe: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR' s obligations under paragraphs 6.30 and 6.31. O..,..rs UabiIily IlISumnce: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and, at OWNER's option. may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents. Pro,.",lllSuranct: 5.6. Unless otherwise provided in the Supplementary Conditions. OWNER shall purchase and maintain propeny insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulationsl. This insurance shall include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER and ENGINEER's consultants in the Work. all of whom shall be listed as insureds or additional insured panies. shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft. vandalism and malicious mIschief. collapse and water damage. and such other perils as may be provided in the Supplementary Conditions. and shall include damages. losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property lincluding but not limited to fees and charges of engineers. architects, attorneys and other professionals!. If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar propeny insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR. Subcontractors, ENGINEER AND ENGINEER's consultants in the Work. all of whom shall be listed as insured or additional insured panies. 12 I L 5.8. All the policies of insurance lor the certificates or other evidence thereon required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5,11.2. 1.- I I 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub- contractor or others suffering any such loss andif any of them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's own expense. I I I 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance pol- icy. OWNER shall. if possible. include such insurance. and the cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. I I Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5,6 and 5,7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGI- :--lEER. E:--lGINEER'5 consultants and all other parties named as insureds in such policies for losses and damages so caused, As required by paragraph 6.11. each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER. CONTRACTOR. ENGINEER. ENGI- NEER's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise pay- able under any policy so issued. I I I I I I 5.11.2. OWNER and CONTRACTORintend that any policies provided in response to paragraphs 5.6 and 5,7 shall protect all of the parties insured and provide primary co\'crnge for all losses and damages caused by the perils con:red thereby, Accordingly. all such policies shall con- tain provisillns to the elTect that in the event of payment of any loss or dam,,!:!e: the: insurer will have no rights l)f reco'"ery :.!~ainsl an~' of the partie:s named as insureds llr addition:.!1 insureds. and if lhe insurers re4uire separ:lle w:li\'er forms to be signed by ENGINEER or ENGI- :-.iEER's Cllnsulwnl OW'JER willllbtain the same, and if I I I such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same. Receipt and Applicarion of Proceeds: 5,12. Any insured loss under the policies of insurance required by paragraphs 5,6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds. as their interests may appear. subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received. and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced. the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13, OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power, If such objection be made. OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest. OWNER as trustee shall. upon the occurrence of an insured loss. give bond for the proper per- formance of such duties. ACc6pttJ1lce of Insurance: . 5,14, If OWNER has any objection to the coverage afforded by or other provisions of the insurance reqdred to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5,4 on the basis of its not complying with the Contract Documents. OWNER shall notify CON- TRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph :'.7, If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not. complying with the Contract Documents. CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- lional information in respect of insurnnce provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchase:d by the othe:r as complying with the Contract Documents. Parrilli L'tili:Jltion-Prop6rt)'/nsuranct: 5.105, If OWNER nnds it necessary to occupy or use a portion or portions of the Work prior to Substantial Comple- tion of all the Work. such use or occupancy may be accom- plished in accordam:.: with paragrnph 14,/0: provided Ih:1l no 13 I L such use or occupancy shall commence before the insurers providing the propeny insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the propeny insur- ance shall consent by endorsement on the policy or policies.' but the propeny insurance shall not be cancelled or lapse on account of any such panial use or occupancy. I I I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES I SUfHrvision and SUfHri/IUnUnce: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expenise as may be necessary to pelform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means. methods. techniques. sequences and procedures of constrUction. but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means. method. technique. sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. I I I I 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. I I I lAbor. Mauritzls and Equipment: 6.3. CONTRACTOR shall provide competent. suitably qualified personnel to survey and layout the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or propeny at the site or adjacent thereto. and except as otherwise indicated in the Contract Documents. all Work at the site shall be pelformed during regular working hours. and CONTRACTOR will not permit ovenime work or the pelformance of Work on Sat- urday. Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. I I I I 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor. transportation. construction equipment and machinery. tools. appliances. fuel. power. light. heat. telephone. water. sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing. pelformance. testing. stan.up and completion of the Work. I I 6.5. All materials and equipment shall be of good quality and new. except as otherwise provided in the Contract Doc. uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including repons of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied. installed. con- nected. erected. used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will be effective -to assign to ENGINEER. or any of ENGINEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or pelformance of the Work or any duty or author- ity to undenake responsibility contrary to the provisions of paragraph 9.1S or 9.16, Adjusting ProgfYll Scheduh: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance Ito the extent indicated in paragraph 2.9) adjust. ments in 'the progress schedule to reflect the impact thereon of new developments: these win conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substinuel or "Or.EqU4/" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a panicular Supplier the naming of the item is intended to establish the type. function and quality required. Unless the name is followed by words indicating that no substitution is permined. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof. cenifying that the proposed substitute will perform ade. quately the, functions and achieve the results called for by the general design. be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple. tion on time. whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or U!ie of the substitute in connection with the Work is subject 10 payment 01' any license ice or 14 I. 1_ royalty. AII.variations of the proposed substitute trom that specified will be identified in the application and available maintenance. repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costS that will result directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractor!i affected by the resulting change. all of which shall be considered by ENGINEER in evaluating the. proposed sub!ititute. ENGINEER ma~' require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the propo!ied substitute. I I I 6,7.'2. If a specific means. method. technique. sequence or procedure of construction i!i indicated inor required by the Contract Documents. CONTRACTOR may turnish or utilize a sub!ititute means. method. sequence. technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents, The procedure for review by ENGINEER will be similar to [hat orovided in paragraph 6,7.1 as applied by ENGINEER and as may be supplemented in [he Gen- eral Requirements, I I I I 6.7.3, ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability. and no substitute will be ordered. installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in eva:uating substitutions proposed by CONTRACTOR dnd in making changes in the Contract Documents occasioned therebv, \Vhether or not ENGIN EER accept!i a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges ot ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. I I I I I Conculling Subcontractors. Suppliers and Others: 6,8.1. CONTRACTOR shall not employ any Subcon- tractor. Supplier or other person or organization I including [hose acceptnble to OWNER and ENGINEER a!i indi- cated in paragraph tl.8,21. whether initially or as a substi- tute. against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shallnot be required [0 employ any Subcontractor. Supplier or other person llr organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objectillO, 6,ll.2. If the SlIpplementnry Conditions require the identity of I.:ertain Subcontractor!i. Supplier!i ur other per- sons or urganizations I including those who are to furnish the principal items lit materials and equipment) to be sull- mined to OWNER in advance of the specified date prior to the Efkcti\'e Date of the Agreemenl for acceptance ll\ I I I I I OWNER and ENGINEER and if CONTRACTOR has submined a list thereof in accordance Wilh the Supple- mentary Conditions, OWNER"s or ENGINEER's accept- ance leither in writing or by failing to make wrinen objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR shall submit an acceptable substitute. the Contract Price will be increased by the difference in the COSt occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGI- NEER to reject defect;I'e Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of [he Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to payor to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6. 10, The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trnde, 6, II, All Work performed for CONTRACTOR by :I Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any in!iurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5,6 and 5,7, Patent Fees and Royalties: 6,12. CONTRACTOR shall pay all license fees and roy- :Ilties :Ind assume all costs incident to. the use in the perfor- mance of the Work or the incorporation In the Work Ill' any invention. design. process. product or device which is the slIllject of patent rights or copyrights held t'l\' lllhers, If a particular invention. design. process. product or device is specified in the Contract Documents for use in the perfor- mance of the Work and if[o the actual knowledge of OW 'I ER 15 I 1- or ENGINEER its use is subject to patent rights or copyrights caUing for the payment of any license fee or royalty to otbers. the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER. and .ENGINEER and anyone directly or indirectly employed by either of them from and against all claims. damqes. losses and expenses (including attorneys' fees and coun and arbitration costs) arising out of any infringement of patent rights or copyrights incideDt to the use in the performance of the Work or resulting from the incorporation in the Work of any invention. design. process. product or device not specified in the Contract DocumeDts. and shall defend all such claims in connection with any alleged infringement of such rights. I I I 1 I P~rmils: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- struction penn its and licenses. OWNER shall assist CON. TRACTOR. when necessary. in obtaining such penn its and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. wttich are applicable at the time of opening of Bids. or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections to the Work. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. I I I I Lizw, and R~gulDJiolll: 6.14.1. CONTRACTOR shaH give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erWise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. I I 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4, If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations., and without such notice to ENGINEER. CONTRACTOR shall bear all costs arising therefrom: however. it shall not be CONTRACTOR's pri- mary responsibility to make cenain that the Specifications and Drawings are in accordance with such Laws and Regulations. I I I I TtU~': 6.15. CONTRACTOR sh81l pay 811 sales. consumer. use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the I I place of the Project which are applicable during the perfor- mance of the Work. Un of PnmUcs: 6.16. CONTRACTOR shall confine construction equip- ment. the storage of materials and equipment and the oper. ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas pennitted by Laws and Regulations. rights- of-way. penn its and easements. and shall not unreasonably encumber the premises with construction equipment or other materi81s or equipment. CONTRACTOR shall assume full re!l'Onsibility for any damage to any such land or area. or to the owner or occupant thereof or of any land or areas contig- uous thereto. resulting from the perfonnance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the perfonnance of the Work. CONTRACTOR shall promptly anempt to settle with such other pany by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall. to the fullest extent pennined by Laws and Regulations. indemnify and hold OWNER and ENGINEER hannless from and lipinst all claims. damages. losses and expenses (including. but not limited to. fees of engineers. architects. attorneys and other profession81s and coun and arbitration costs) arising directly. indirectly or consequenti81ly out of any action. legal or equi- table. brought by any such other pany against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's perfonnance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materi81s. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials. rubbish and debris from and about the premises as well as 811 tools. appliances. construction equip- ment and machinery. and sU(l)lus materials. and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all propeny not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor pennit any pan of any structure to be loaded in any manner that will endanger the SU'Jcture. nor sh81I CONTRACTOR subject any pan of the Work or adjacent prope"y to stresses or pressures that will endanger it. R~cord Documcnl': 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Written Amendments. Change Orders. Work Directive Changes. Field Orders and written intel1'retalions and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during con- struction. These record documents together with all approved samples and a counte(l)a" of all approved Shop Drawings will be available 10 ENGINEER for reference. Upon com- 16 I L pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER, 1_. Saftly and Prottction: 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supervising all safety precautions and pro- grams in connection with the Work, CONTRACTOR shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to: I I I 6.10.1, all employees on the Work and other persons and organizations who may be affected thereby: I 6.10.2. all the Work and materials and equipment to be incorporated therein. whether in storage on or off the site: and I 6,10.3, other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. road. ways. structures. utilities and Underground Facilities not designated for removal. relocation or replacement in the course of construction, I CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work ma~' atfect them. and shall cooperate with them in the pro. tection. removal. relocation and replacement of their prop- erty, :\11 damage. injury or loss to any property referred to in paragraph 6,:0.: or 6.20,) caused. directly or indirectl\', in whole or in part. by CONTRACTOR. any Subcontractor. Supplier or any other person or organization directly or indi- rectl\' employed by any of them to perform or furnish any oi the Work or am/one for whose acts any of them may be liable. shall be remedi~d by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWN ER or ENG IN EER or anyone employed by either of them or anyone for whose acts either of them mav be liable. and not attributable. din:ctly or indi- rectl\'. in whole or in part. to the fault or negligence ofCO~- TR.~:CTORl. CONTRACTOR's duties and respl1nsibilities for the sakty and protection of the Work shall continue until such time as all the Work is completed and ENGI~EER has , issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 1-l,1J that the Work is acceptable lexcept as otherwise expressly provided in connection with Substan- tial Completion l. I I I I I I I I 0.: \, CONTRACTOR sh;11I designme a respl'nsible rep. resenl:llive al Ihe ,ile whose dut\' shall be Ihe rre\ention ,.f accidents. Thi~ pe:r~un shall ~e CONTRACTOR' ~ superin- tendent unle:ss olherwise: uesignated in wriling by CO~. TR.~CT()R tll OW'lER. I I Emergencies: 6.12. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or authorization from ENGINEER or OWNER. is obligated to act to prevent threatened damage. injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any ~ignificant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGI- NEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency. a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samplts: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements. CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions I see para- graph 2.9l. or for other appropriate action if so indicated in the Supplementary Conditions. five copies lunless otherwise specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific written indication thaI CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to lhe review of the submission, All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complett! with respect to quantities. dimen- sions. specified performance and design criteria. materials and similar data to enable ENGINEER to review the infor. mation as required, 6.14. CONTRACTOR shall also submit 10 ENGI~EER for review and approval with such promptness as to cause no delay in Work. all samples required by Ihe Contract Doc- uments, All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- . mission and will be identified clearly as to material. S4Pplier. pertinent data such as catalog numbers and the use for \....hich intended, 6,:5. I, Before submission of each Shop Drawing or sample CONTR.-\CTOR shall have determined and veri- fied all quantities. dimensions, specified performance cri- teria. installation requirements. materials. catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of Ihe Work and the Contract Documents, 6.25.:, ,-\1 the time lIt' each submission. CONTRAC- TOR shall give E~GIN EER spe~iric wrilten notic\: ut'each variation that the Shop Drawings or samples may have from the requirements of Ihe Contract Du~uments. and. in addilion. shall~Ju~~ ;\ sl)eciti~ nOlation 10 he made nn 17 I I each Shop Drawing submitted to ENGINEER for review and approval of each such variation. I 6.26. ENGINEER will review and approve with reason. able promptness Shop Drawings and samples. but ENGI- NEER's review and approval will be only for conformance I with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means. methods. techniques. sequences or procedures of constrUction (except where a specific means. I method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review I and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON. TRACTOR shall make corrections required by ENGINEER. and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for I by ENGINEER on previous submittals. I 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from I responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGlNEER's anention to each such variation at the time of submission as required by paragraph 6.25.! and ENGINEER has given wrinen approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval: nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25.1. I I I 6.28. Where a Shop Drawing or sample is required by the Specifications. any related Worle periormeri prior to ENGI- NEER's review and approval of the pertinent submission will be the sole expense and responsibility oi CONTRACTOR. I I Continuing th~ Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements. except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. I I I wmllijicatioll: 6.30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants. agents and employees from and against all claims. damages. losses and expenses. direct. indirect or consequential (including but not limited to fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs) aris- ing OUI oi or resUlllng irom the periormance of the Work. I I I provided that any such claim. damage. loss or expense (al is attributable to bodily injury. sickness. disease or death. orto injury to or destruction of tangible property (other than the Work itselO including the loss of use resulting therefrom and (b) is caused in whole or in part by any negJigent act or omission of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. regardless of whether or not it is caused in pan by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultants. agents or employees, by any employee of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to periorm or furnish any of the Worle or anyone for whose acts any of them may be liable. the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages. compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or or~niz.ation under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER. ENGINEER's consultants. agents or employees arising out of the preparation or approval of maps. drawings. opinions. repon.s. surveys. Change Orders. designs or specifications. ARTICLE 7-OTHER WORK R~IDl~d Work III Sil~: i .1. OWNER may periorm other worle related to the Proj- ect at the site by OWNER's own forces. have other worle performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents. wrinen notice thereof will be given to CONTRACTOR prior to starting any such other worle: and. if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER. if OWNER is performing the additional work with OWNeR's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such worle. and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting. fining and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CON- 18 I 1:.- I! If I I 1 I I I I I I I I I I I I TRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities'of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3, If any pan of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contraclOr or utility owner lor OWNER). CONTRACTOR shall inspect and promptly repon to ENGINEER in writing any delays. defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results, CONTRACTOR's failure so to repon will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. C oomination: 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized. and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. ARTICLE 8-0WNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communicalions 10 CON- TRACTOR through ENGINEER. 8.~. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoim- men! shall be subject to arbitration, 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments 10 CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. SA, OWN ER's dutie~ in respect of providing lands and easements and providing engineering surveys 10 establish reference poims are set fonh in paragraphs 4, I ,lnd 4,4, Para- graph 4,~ refers to OWNER's identifying and making avail- able to CONTRACTOR copies of repons of explorations and tests of ~Uh~lIl":lCe conditions :lllhe site and in e:,<isling ~Iruc- lUres which have been utilized by ENGINEER in preparing Ihe Drawings and Specifications. 8,.5. OWNER's responsibilities in respect of purchasing and maintaining liability and propeny insurance are set fonh in paragraphs .5.5 through 5.8. 8,6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections. tests and approvals is set fonh in paragraph 13.4, 8.8, In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13.lOand 1),1. Paragraph 15.~ deals with OWNER's right to terminate services of CON- TRACTOR under cenain circumstances, ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Ow,,~r's R~pnsentativ~: 9, \. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set fonh in the Con- tract Documents and shall not be extended without \..-ritten consent of OWNER and ENGINEER. Visits to Sil~: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine. in general. if the Work is proceeding in accordance with the Contract Documents. E;-.IGINEER will not be required to make exhaustive or continuous on-site inspections 10 check lhe quality or quanlity of Ihe Work. ENGINEER's dfons will be directed toward providing for OWNER a greater degree of confidence that the completed Work will confonn to the Contract Documents, On the basis of such visits and on-site observations as an experienced and qualified design, profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project R~pr~s~ntarion: 9,3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative 10 assist ENGINEER in observing the perfonnance of the Work. The duties. responsibilities and limitations of authority 01' any such Resident Project Representative and assistants wil' be as provided in the Supplementary Conditions, If OWNER designates another agent to represent OWNER at [he site who is not ENGINEER's agent or employee. the duties. responsibilities and limitations of authority of such other person will he a~ provided in the Supplementarv Conditions. 19 I I. ClDrijiCJJtio/U II1IIi lnurpffllJliD/U: 9.4. ENGINEER will issue with reasonable prompmess such wrinen clarifications or intefl'retations of the require- ments of the CODtract Documents (in the fonn of Drawings or otherwise) as ENGINEER may detennine necessary. which shall be consistent with or reasonably inferable from the ovenlll intent of the Contract Documents.lfCONTRACfOR believes that a wrinen clarification or intel'l'retation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Micle II or Article 12. I I I I AuduJriud VarUuiD/U in Wol'i: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract DOMents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER. and also on CONTRACTOR who shall perfonn the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Mic1e II or 12. I I I I Rejecting D'f,cti." W orlc: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective. and will also ha ve authority to require special inspection or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated. instaJled or completed. I I Shop Drawings. CMnge Orden and Paymenrs: 9.7, In connection with ENGINEER's responsibility for Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive. I I 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Anicles 10. J J and 12. I 9.9. In connection with ENGlNEER's responsibilities in respect of Applications for Payment. etc.. see Article 14, I De'ermilUZliDns for Unu Prices: 9.10, ENGINEER win determine the actual quantities and Classifications of Unit Price Work perfonned by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such mallers before rendering a wrillen decision thereon (by recommen- dation of an Application for Payment or otherwise I. ENGI. N EER' s written decisions thereon will be final and binding upon OWNER and CONTRACTOR. unless. within ten days after the date of any such decision. either OWNER or CON- TRACTOR delivers to the other party to the .'\greement and I I I to ENGINEER written notice of intention to appeal from such a decision. D,dsilms on DiSpuus: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims. disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents penaining to the performance and furnishing of the Work and claims under Anieles II and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a fonnal decision in accordance with this paragraph. which ENGINEER will render in writing within a reasonable time. Written notice of each such claim. dispute and other matter will be delivered by the claimant to ENGINEER and the other pany to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto. and written supponing data will be submitted to ENGINEER and the other pany within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any intefl'retation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paiagraphs 9.]0 and 9.1] with respect to any such claim. dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other maller. LimiIIIlio/U 011 ENGINEER's Respo/UibiliJies: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor. any Supplier. or any other person or organization perfonning any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the tenns "as ordered". "as directed". "as required". "as allowed". "as approved" or terms of like effect or impon are used. or the adjectives "reasonable". "suitable". "acceptable". "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction. review or judgment of ENGINEER as to the Work. it is intended that such requirement. direction. review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise!. The use of any such term or adjective shall not be 20 Id 1_- effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or pert'onnance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9,16. I 9,15, ENGINEER will not be responsible for CON- TRACTOR's means. methods. techniques. sequences or pro- cedures of construction. or the safety precautions and pro- grams incident thereto. and ENGINEER will not be respon- sible for CONTRACTOR's failure to perfonn or furnish the Work in accordance with the Contract Documents. I I 9,16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor. any Supplier. or of any other person or organization perfonning or furnishing any of the Work. I I ARTICLE IO-CHANGES IN THE WORK I I 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may. at any lime or from lime 10 lime. order additions. deletions or revisions in the Work: Ihese will be authorized by a Written Amendment. a Change Order. or a Work Directive Change. Upon receipt of any such document. CONTRACTOR shall promptly proceed with the Work involved which will be perfonned under the applicable conditions of Ihe Contract Documents (except as otherwise specifically provided). I I 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent. if any. of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change. a claim may be made therefor as provided in Article 11 or:~rtic1e 12. I I 10.3, CONTRACTOR shall not be entitled 10 an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended. modified and supph:- mented as provided in paragraphs 3.4 and 3.5. except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para- graph 13.9. I I lOA. OWNER and CONTRACTOR shall execute appro- priate Change Orders for Written Amendmentsl covering: I lOA. I. changes in the Work which are ordered by OWN ER pursuant to paragraph 10.1. are required because of acceptance of Jefecl;\'e Wurk under paragraph 13, L~ or corn:cting clt/t'Clil't' Work under paragraph 13,1~. or arc: :Jgreed 10 b\" Ihe parties: I I IOA.2. changes in the Contract Price or Contract Time which arc ~Ign:ed to "" the parties: and I 10.4.3, changes in the Contract Price orContracl Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11: provided that. in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations. but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to the prog- ress schedule as provided in paragraph 6.29. 10.5, If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including. but not limited to. Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety. the giving of any such notice will be CONTRAC- TOR's responsibility. and the amount of each applicable Bond will be adjusted accordingly. ARTICLE J I-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the lotal compen- sation (subject to authorized adjustments) payable 10 CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense wilhout change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than Ihirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of Ihe claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of lime to ascenain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct. indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor. dance with paragraph 9,11 if OWNER and CONTRACTOR cannot otherwise :ll!ree on the amount involved. No claim for an adjustment i~ the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3, The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1, Where the Work involved is covered by unit prices contained in Ihe Contract Documents. by applica- lion of unit prices to Ihe quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9,3. inclusivel. 11 I I 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). I 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7). I I COIIO/th, Work: 11.4. The term Cost of the Work means the sum of all costs necessarily inculTCd and paid by CONTRACTOR in 1 the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the locality of I the Project. shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: I 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apponioned on the basis of their time spent on the Work. Payroll costs shall include. but not be limited to. salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. excise and payroll taxes. workers' or workmen's compensation. health and retirement benefits. bonuses. sick leave. vacation and hol- iday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours. on Satur- day. Sunday or legal holidays. shall be included in the above to the extent authorized by OWNER. I 1 I I 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans- ponation and storage thereof. and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments. in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. I I I I t t ,4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER. which bids will be accepted. If a subcontract. provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fec. thc Subcontractor's Cost of the Work shall be determincd in the same manncr as CONTRAC. TOR's Cost oi the Work. All subcontracts shall be subject I I I to the other provisions o{ the Contract Documents inso{ar as applicable. 11.4.4. Costs of special consultants (including but not limited to'enginecrs. architects. testing laboratories. sur- veyors. attorneys and accountants) employed for services specifically relatcd to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proponion of necessary transpona- tion. travel and subsistence expenses of CONTRAC. TOR's employees inculTCd in discharge of duties con- nected with the Work. Ilo4.5.::!. Cost. including transponation and main- tenance. of all materials. supplies. equipment. machin- ery. appliances. office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the propeny of CONTRACTOR. t 1.4.5.3. Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental BBJ'eCments approved by OWNER with the advice of ENGINEER. and the costS of transponation. loading. unloading. installation. dismantling and removal thereof--all in accordance with terms of said rental agreements. The rental o{ any such equipment. machin- ery or pans shall cease when the use thereof is no longer necessary {or the Work. t t .4.5.4. Sales. consumer. use or similar taxes related to the Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations. It .4.5,5. Deposits lost for causes other than negli. gence of CONTRACTOR. any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any o{ them may be liable. and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses). not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing o{ the Work lexcept losses and damages within the deductible amounts of propeny insurance established by OWNER in accordance with paragraph 5.9). pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee. If. however. any such loss or damage 22 I I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR ~h:lll be paid for services a fee proponionate to th:lt stated in paragraph , 1.6,2. I 11.4.5,7. The co~t of utilities. fuel and sanitary facilities at the site. I~ 11.4.5.8, Minor expenses such :IS telegrams. long distance telephone calls. telephone service at the site. expressage and similar petty cash items in connection with the Work. I. I 11.4,5.9, Cost of premiums for additional Bonds and in~urance required because of changes in the Work and premiums for propeny in~urance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5,9, I 11.5. The term Cost of the Work shall not include any of the following: I 11.5,1. P:I yroll costs :lnd other compensation of CON. TRACTOR's officers. executives. principals fof partner. ship and sole proprietorships I. general managers. engi- neers. architects. estimators. attorneys. auditors. accoun- tants. purchasing and contracting agents. expeditors. timekeepers. clerks and other personnel employed b\' CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4.1 or specifically covered by paragraph 11.4,4- all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. I I I I 11.5.2. E:~penses (~f CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site, I 11.5.3. .-\ny pan ofCONTRACTOR's cupit<ll expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. I 11.5.4, Cost of premiums for all Bonds :lnd for all insurance whether or not CONTRACTOR is required tly the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sut-- paragraph 11,4.5,1) at-ovel, I I 11.5.5, Costs due to the negligence of CONTRAC- TOR. :lny Subcontr:h..'tor. or :lnyone directly or indirectl\ employed /'l~' :lny of 1.1~m or lor who<e :lcts <Jny of them ma~' tie lia/-olc:. in.:/t.Jding but not limited to. the correction of dl''''' ..;, ',' ','rk. Jisposal "f m:.Herials or equipment wrongly ~1I. .,! ;', .: --.akir.t; l!OlllJ any damage to prop. erty. I I 11.5.h. Other o\'erhead or general expense costs of any kind :IOU the costs of any item not specifically and e\oressl\' indudeu in ouragraph II A. I CONTRACTOR's Fee: 11.6. The CONTRACTOR's Fee allowed to CONTRAC. TOR for overhead and profit sh:lll be determined as follows: 11.6,1. a mutually acceptable fixed fee: or if none can be agreed upon. 11,6.2. a fee based on the following percentages of the various ponions of the Cost of the Work: 11.6,2.1. for costs incurred under paragraphs IIA.\ and 11.4.:. the CONTRACTOR's Fee shall be fifteen percent: 11.6.2.2. for costs incurred under paragraph 11.4,3, the CONTRACTOR's Fee shall be Fave percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee. the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs J 1.4,4. 11,4.5 and 11.5: 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in :I net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by a'1 amount equal to ten percent of the net decrease; and 11.6.2.5. when both additions and credits are involved in :lny one change. the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11,6.2.1 thrOugh 11,6.2.4. inclusive, 11. i, Whenever the cost of any Work IS to be determined pursuant to paragraph 11,4 or 11,5, CONTRACTOR will submit in form acceptable to ENGINEER <In itemized cost breakdown together with supponing data. Cash Allowances: 11.8. It is understood th:lt CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be accept:lble to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON- TRACTOR lIess any applicable trade discounts I of mate- r.;tls and equipment required bv the allowances to be deliv- ered at the site. and all :!pplicable taxes: and 11,8.:, CONTRACTOR's !:Osts for unloading and handling on the site, (:!/'lor. installation costs. overhead. profit and other expenses contemplated for the allowances h:lve oeen included in the Contract Price and nOI in the :!3 I I allowances. No demand for additional payment on account of any thereof win be valid. I Prior to final payment. an approp'riate Change Order wiU be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered 'by allowances. and the Contract Price shall be correspond- ingly adjusted. I I Unit PrU:~ Wo,t: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and detcnnining an initial Contract Price. Detenninations of the actual quan- tities and classifications of Unit Price Work perfonned by CONTRACfOR wiu be made by ENGINEER in accor- dance with Paragraph 9.10. I 1 1 I 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACfOR' s overhead and profit for each sepo anuely identified item. I 11.9.3. Where the quantity of any item of Unit Price Worle perfonned by CONTRACfOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Worle and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con. tract Price in accordance with Article II if the panies are unable to agree as to the amount of any such increase. I I I I ARTICLE 12-CHANGE OF CONTRACf TIME I 12.1. The Contract Time may only be chan~ed by a Change Order or a Written Amendment. Any claim for an extension or shonening of the Contract Time shall be basea on written notice delivered by the party making the claim 'to the other party and to ENGINEER promptly (but in no event later than thiny days) after the occurrence of the event giving rise to the claim and stating the general natuTe of the Claim. Notice of the extent of the claim with supponing data shall be deliv- ered within sixty days after such occurrence lunless ENG1. NEER allows an additional period of time to ascenain more accurate data in suppon of the claim) and shall be accom. panied by the claimant's written statement that the adjust. ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment In the Contract Time I I I I shall be detennined by ENGINEER in ac:c:ordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract TlD1e will be valid if not submined in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time win be extended in an amount equal to time lost due to delays beyond the control of CON- TRACfOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include. but not be limited to. acts or neglect by OWNER or others perfonning additional work as contemplated by Anicle 7. or to fires. floods. labor disputes. epidemics. abnonnal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Anicle 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers. architects. attorneys and other professionals and coun and arbitration costs) for delay by either party. ARTICLE 13-W ARRANTY AND GUARANTEE: TESTS AND INSPECIlONS: CORRECIlON. REMOV AL OR ACCEPTANCE OF DEFECIlVE WORK Wamuuy IJIUi GIUIITUIU~: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be d~furill~. Prompt notice of all defects shall be given to CONTRAC- TOR. All d~f~crive Worle. whether or nOI in place. may be rejected. corrected or accepted as provided in this Anicle 13. Acc:as to Worl:: 13.2. ENGINEER and ENGINEER's representatives. other representatives of OWNER. testin~ agencies and gov- ernmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation. inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access, Tests IJIUi Inlp~cli.onl: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Worle for all required inspections. tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work lor pan thereof) to specifically be inspected. tested or approved. CONTRACTOR shall assume full responsibility therefor. pay all costs in connection therewith and furnish ENGINEER the required ceniticates of inspection. testing or approval. CONTRACTOR shall also 24 I I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereoffor incorporation in the Work. The co~t of all inspections. tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified I. I 1 I 13.5. All inspections. tests or approvals other than those required by Laws or Regulations of any public bodv havinlz jurisdiction shall be performed by organizations ac~eptabl~ to OWNER and CONTRACTOR lor by ENGI~EER if so specified I. 1 I 13.6. If any Work (including the work of others' that is to be inspected. tested or approved is covered without written concurrence of ENGINEER. it must. if requested by ENGI- NEER. be uncovered for observation. Such unco\'ering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice ofCONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. I I 13.7. Neither observations by ENGINEER nor inspec- tions. tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. I 1 Uncollering Work: 13.8. [f any Work is covered contrnry to the written request of E~GINEER. it mu~t. if requested by ENGI:-.iEER. be uncol'ered for ENGI:-.lEER's observation and replaced at CONTRACTOR's expense, I I 13,9. If ENGINEER considers it necessary or advisabl~ thai covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER's request. shall uncover. expose or otherwise make available for observation. inspection ~r testing as ENGI~EER mal' require. that portion of the Work in question. furnishing Jil necessary labor. mJteriJ/ and equipment. [f it is found that such \V'ork is "decrin'. CONTRACTOR shall beJr JIl direct. indirect anu ~onseque:n1iaJ costs of such uncovering. expo- sure. observation. inspe:ction and testing and of satisfaClOr\ reconstruction. (incJuuinlZ but not limited to fees and charl!e:s of engineers. Jrchitects. ~llOrneys and other profe:ssionaisl, and OWN ER shall be: entitleu to an appropriate de:crease in the C ommct Price. and. if the parties are unable tl' agree as to the: Jmount lhereof. may mJke: J claim thc:refor as provide:d in ,-\rtldc: II, If. hll\\ c:\ er. su~il \'v',.rk IS nol fl'und 10 be de./i'cr;\'(', CO:"TRACTOR shall be allowe:u an in~rease in the C,'ntra~t Pn.'. ,,' ,..1 .;\;.:nsilln or the: Contra.:( Time, \'r bOlh. Jire\:tl~ allrtl'Ulable III such uncuv.ering. exposure:. obs.er\'.\tilln. inspection. testing and reconstructi,'n: and. if the partit:s art: unal1le (lJ agn:c as 1\1 the amount ,\t e:.\le:nt I I I I I I thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. Owner May Stop the Work: [3.10. [f the Work is defecr;,'e. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment. or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR 10 s~op the Work. or any portion thereof. until the cause for such order has been eliminated: however. this right of OWNER 10 stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Cornction or Remollal of Defective Work: 13.11. If required by ENGINEER. CONTRACTOR shall promptly. as directed. either correct all defecr;w' Work. whether or not fabricated. installed or completed. or. if ihe Work has been rejected by ENGINEER. remove it from the site and replace it with nondefecr;,'e Work. CONTRACTOR shall bear all direct. indirec: Jnd consequential costs of such correction or removal (including but not limited to fees and charges of engineers. architects. attorneys and other profes- sionals) made necessary thereby. On~ Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be deftcr;"t, CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions. either correct such defter;"t Work. or, if it has been rejected by OWNER. remove it from the site and replace it with lIondefecr;l'e Work. If CONTRACTOR does not promptly comply with the terms of such instructions. or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defecti,'e Work cor- rected or the rejected Work removed and replaced. and all direct. indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers. architects. JllOrn.eys and other professionals) will be pJid by CONTRACTOR, In special circumstances where J particular item ofequipm.ent is placed in continuous service before Substantial Completion of all the Work. the correction period for that itt:m may Slart to run from an e::Jrlier u:lle if so provided in the SpecitiC:llions or by Wrinen Am.endmenl. Acceprance of Defecr;,'e Work: 13.13, If. inste:au of requiring correction or removal Jnd replJcement of defi'l'Ii!'I' Work, O\V7'lER tand, prior 10 ENGINEER's recomm.emlation of final payment. also ENGINEER) prefers toacce:pt it. OWNER may do so. CON- TRACTOR shall l1ear all direct. inuirect :lOo consequential :!5 I 1- cosu attributable to OWNER's evaluation of and detenni- nation to accept such d~f~cliv~ Wone (such costs to ~ approved I by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers. architects. attor- .- neys and other professionaJsl. if any such acceptance occurs prior to ENGINEER's recommendation of tinal payment. a I Change Order will be issued incorporating the necessary revi- sions in the Conrra.ct Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in I the Contract Price. and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Anicle 11. If the acceptance occurs after such recommendation. an al'propriate amount will be paid by I CONTRACTOR to OWNER. I OWNER May Correct D~f~r:tiw Wort: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and I to correct def~clive Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph \3.11, or if CONTRACTOR fails to perfonn the Wone in accordance with the Contract Documents. or if CON- I TRACTOR fails to comply with any other provision of the Contract Documents. OWNER may. after seven days' writ- ten notice to CONTRACTOR. correct and remedy any such I deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site. take I possession of all or part of the Work, and suspend CON- TRACTOR's services related thereto. take possession of CONTRACTOR's tools. appliances. construction equipment and machinery at the site and incorporate in the Work all I materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's represen- 1 tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the ris:hts and remedies under this paragraph. All direct. indirect and con- sequential costs of OWNER in exercising such rights and I remedies will be charged apinst CONTRACTOR in an amount . approved as to reasonableness by ENGINEER. and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Worle: and .1 OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the'parties are unable to aif'Ce as to the amount thereof. OWNER may make a claim therefor as I provided in Article II. Such direct. indirect and consequen- tial costs will include but not be limited to fees and charges of engineers. architects. anomeys and other professionals. all court and :u-bitration costs and all costs of repair and I replacement of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's d~fec(ive Work. CONTRACTOR shall not be allowed an I extension of the Contract Time because of any delay in per- fonnance of the Work attributable to the exercise by OWNER of OWNER's ri~hts and remedies hereunder. I ARTICLE I4-PA YMENTS TO CONTRACTOR AND COMPLETION ScJsHuU ofVaJau: 14.1. The schedule of values established as provided in p&nlp"aph 2.9 will serve as the basis for progress payments and will be incorporated into a fonn of Application for Pay. ment acceptable to ENGINEER. Pro!!,"=ss payments on account of Unit Price Work will be based on the number of units completed. AppliutiDlI for Prognss Pay",eru: 14.2. At least twenty days before each proif'Css payment is scheduled (but not more often than once a monthl. CON- TRACTOR shall submit to ENGrNEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as ofthe date ofthe Application and accoml'aniecf by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in ,he Work but delivered and suitably stored at the site or at another location agreed to in writing. the Application for Payment shall also be accompanied by a bill of sale. invoice or other documentation warranting that OWNER has received. the materials and equipment free and clear of all liens. charges. security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials ~d equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein. all of which will be sat. isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Wamln" ofTiJU: 14.3. CONTRACTOR Warrants and guarantees that title to aU Work. materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not. will pass to OWNER no later than the time of payment free and clear of all Liens. Remw of Appliauions for Prognss PaY"'~nl: 14.4. ENGINEER will. within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay. ment with ENGINEER's recommendation. the amount rec- ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a 26 I. 1- repre~entation by ENGINEER 10 OWNER. based on ENGI- NEER'~ on-site observations of the Work in progress a~ an experienced and Qualified design professional and on ENGI- NEER'~ review of the Application for Payment and the accompanying dala and schediJles Ihal Ihe Work has pro- gressed 10 Ihe point indicated: Ihal. to the best of ENGI- N EER' 5 knowledge. information and belief. the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion. to the results of any subsequent tests called for in the Contract Documents. to a final determination of quantities and c1assifkations for Unit Price Work under paragraph 9,10. and to any other qualifi- cations ~tated in Ihe recommendalion): and that CONTRAC- TOR is entitled 10 payment of Ihe amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus- tive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. I I I I I I I 14,6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. I I 14.7, ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion. il would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment. or. because of subsequently discovered evidence or the results of subsequent inspections or tests. nullify any such payment previouslv recommended. to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: I I (oJ.7.1. the Work is defee-til'e. or completed Work has been damage? requiring correction or replacement. I loJ,7.1. the Contract Price has been reduced by Writ- ten Amendment or Change Order. I 1~,7.3. OWNER has been required to correct def('c' l;\'e Work or complete Work in accordance with paragraph 13.1~. or I 1~,7.4, of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15,~.lthrough 15,~.9 inclusive, I OWNER may refuse to make payment of the full amount recommended bv ENGINEER because claims have been made .Igainst O\VN ER on account 0'- CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection wilh the Work or [here are other items enlitling I I OWNER to a set-ofT against the amount recommended. but OWNER must give CONTRACTOR immediate wrillen notice (with a copy to ENGINEERJ stating the reasons for such action. SubsmntiDl Complltion: 14,8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the enlire Work is substantially complete (except for item~ specifically listed by CONTRACTOR as incompleteJ and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER shall. make an inspection of the Work to deter- mine the status of completion. If ENGINEER does not con- sider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor, If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor. rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If. after considering such objec- tions. ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within fourteen days after submission of the tentative certificate 10 OWNER notify CONTRACTOR in writing. stating the reasons therefor. If. after consideration of OWNER's objections. ENGINEER considers the Work substantially complete. ENGrNEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion I with a revised tentative list of items to be com- pleted orcorrectedJ reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWN ER. Atthe time of delivery of the tentative certificate of Substantial Completion ENG 1- NEER will deliver to QWNERand CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety. maintenance. heat. utilities. insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion. ENGINEER's afore. said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 1~.9. OWNER shall have the right tu exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion. but OWNER shall ullowCONTRACTOR reasonable access to cumplete or correcl items on the tentative lis\. Panial L'lili:.Jllion: 14.10. Use by OWNER of any finished part of the Work. which has specific,,"\' been iuentified in [he Cuntract DOLU- 27 I I I ments. or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable pan of the Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's performance of the remainder of the Work. may be accomplished prior to Substantial Completion of all the Work subject to the follow- ling: I I. 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such pan of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR ~s. CONTRACTOR will certify to OWNER and ENGINEER that said pan of the Work is substantially complete and request ENGINEER to issue a cenificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such pan of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a cenif- icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine ItS Status of completion. If ENGINEER does not consider that pan of the Work to be substantially complete. ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete. the provisions of para- graphs 14.8 and 14.9 will apply with respect to cenification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. I I I I I 14.10.2. OWNER may at any time request CON- TRACTOR in writing to permit OWNER to lake over operation of any such pan of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time there- after OWNER. CONTRACTOR and ENGI~EER shall make an inspection of that pan of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such ,pan of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a wrinen recommendation as to the division of responsibilities pending tir;JaI payment between OWNER and CONTRACTOR with respect to security. operation. safety. maintenance. util'ities. insur- ance. warranties and guarantees for that pan of the Work . which will become binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEERI. During such operation and prior to Substantial Completion of such pan of the Work. OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. I I I I I. I I I 14.10.3. No occupancy or separate operation of pan of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of propeny insurance. FiJuJllnsp<<tiDn: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed ponion thereof is complete. ENGI- NEER will make a tinal inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all paniculars in which this inspection reveals that the Work is incomplete or d~f~cr;v~. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. FmmApp~n~rP~mem: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions. schedules. guaran- tees. Bonds. cenificates of inspection. marked-up record documents (as provided in paragraph 6.19) and other docu- ments-all as required by the Contra~tDocuments. and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16). CONTRACTOR may make application for tinal payment following the pro- cedure for progress payments. The tinal Application for Pay- ment shall be accompanied by all documentation called for in the Conttact Documents. together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish receipts or releases in full: an affidavit of CON- TRACTOR that the releases and receipts include all labor. services. material and equipment for which a Lien could be tiled. and that all payrolls. material and equipment bills. and other indebtedness connected with the Work for which OWNERorOWNER's propeny might in any way be respon- sible. have been paid or otherwise satisfied: and consent of the surety. if any. to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. FilUll Paymenr and AccepUUlce: 14.13. If. on the basis of ENGINEER's observation of the Work during constrUction and tinal inspection. and ENGINEER's review of the tinal Application for Payment and accompanying documentation-all as required by the Contract Documents. ENGINEER is satisfied that the Worle has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGI- NEER will. within ten days after receipt of the tinal Appli- cation for Payment. indicate in writing ENGlNEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that r,he Work is acceptable subject to the provisions of paragraph 14. /6. 28 I. I Otherwise. ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and .accompanying documentation. in appropri- ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability. the amount r:ecommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. I I I 14,14, If. through no fault of CONTRACTOR. final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms. OWNER shall. upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER. and without terminating the Agree. ment. make payment of the balance due for that ponion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment. and if Bonds have been furnished as required in para- graph 5,1. the written consent of the surety to the payment of the balance due for that ponion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment, except that it shall not constitute a waiver of claims. I I I I I Cont1'Uctor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER. nor the issuance of a cer- tificate of Substantial Completion. nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work Ilr any part thereof by OWNER. nor any act of acceptance by OWNER nor any failure to do so. nor any review and approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13. nor any correction of defecti\'e Work by OWNER will con- stitute an acceptance of Work not in accord~nce with the Contract Documents or a release ofCONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents lexcept as provided in para~raph 14.161. I I I I I WQ;J'er of C!Q;ms: I~, In, The making and acceptance llt' nnal payment will conSIIlUle: I D 1~, In,', a waiver of all claims t-,. OWNER against CO~TR.-\CTOR. ex..:ept claims .lrIsing from unsettkJ Liens. from dt:.fl'n;\'(' Work appe:lring after tinal inspec. li\ln pursuant to paragraph I~, 11 or from failure l\l .:omply \\ iln Ihe Cuntract D"cuments ur the terms of any speci:ll !!uarantces specifi~d therein: however. it will n\lI ..:onsli- llJt~ :.t waiver h\' OWN ER or an' nghls in r.:~p.:ct \If I \1- CONTRACTOR's continuing obligations under the Con- tract Documents; and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writ- ing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION Ow",r May Susp,tuJ Work: 15.1. OWNER may. at any time and without cause. sus- pend the Work or any ponionthereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Anicles II and 12. Own" MQY T"",ilUlu: 15.2. Upon the occurrence of anyone or more of the foUowing events: 15.2. I. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect. or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating 10 the bankruptcy or insolvency: 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of tiling. or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency.: 15.2.3. if CONTRACTOR makes a ~eneral assignment for the benefit of creditors: 15,2A, if a IrUstee. receiver. cuslodian or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointm~nt or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such propeny for the benefit of CONTRACTOR's creditors: 15.2.5. if CONTRACTOR admilS in writin~ an inabil- ity 10 puy its det-Is generally as (hey b~cllme due: 15.2.6, if CONTRACTOR persistently fails to perform the Work in accordanc~ wilh Ihe Conlracl Documenls ~9 I. I (including. but not limited to. failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from, time to time): I I 105.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body having jurisdiction: 105.2.8. if CONTRACTOR disregards the authority of ENGINEER: or I 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments: I OWNER may. after giving CONTRACTOR (and the surety. if there be one) seven days' written notice and to the extent permitted by Laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Worle and of all CONTRACTOR's tools. appliances. constrUction equipment and machinery at the site and use the same to the fuU extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion). incoll'orate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but Which are stored elsewhere. and finish the Worle as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct. indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers. architects. attor- neys and other professionals and coun and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order. but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. I I I I I I I I I I 15.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 1.5.4. Upon seven days' written notice to CONTRAC- TOR and ENGINEER. OWNER may. without cause and without prejudice to any other right or remedy. elect to aban- don the Work and terminate the Agreement. In such case. CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. which will include. but not be limited to. direct. indirect and con- sequential costs (inc:luding. but not limited to. fees and charges of engineers. architects. attorneys and other professionals and coun and arbitration costs). ColllnlCtDr MII1 Stop Wort or Temrinau: 15.5. If. through no act or fault of CONTRACTOR. the Worle is 'iuspended for a period of more than ninety days by OWNER or under an order of coun or other public authority. or ENGINEER fails to act on any Application for Payment within thiny days after it is submitted. or OWNER fails for thiny days to pay CONTRACTOR any sum finally deter- mined to be due. then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER. terminate the Agreement and recover from OWNER payment for all Worle executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement. if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. . [The remainder of this page was left blank intentionally.] I 1- 1- 30 I I :1 I I I I I I I I I I I I I I I I ARTICLE 16--ARBITRATION 16.1 All claims~ disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu- ments or the breach thereof shall be decided under Georgia Lay in the Superior Court of Richmond County, Georgia. (The remainder of this page was left blank intentionally.) 31 I I I I I I I I I I I I I I I I I R I (This page was left blank intentionally.) 32 I. I. ARTICLE 17-MISCELLANEOUS I Giving Notic,: 17.1. Whenever any provIsIon of the Contract Docu- ments requires the giving of written notice. it will be deemed to have been validly given if delivered in person to the indi- vidual or to a member of the firm or to an officer of the cOl'l'oration for whom it is intended. or if delivered at or sent by registered or certified mail. postage prepaid. to the last business address known to the giver of the notice. I I CompuUlJion o/Tim,: 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computa- tion. I I 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. I General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error. omis- I I I I I I I I I I I sion or act of the other party or of any of the other party's employees or agents or others for whose aCls the other party is legally liable. claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall nol be construed as a substitute for or a waiver of the pro- visions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto. and. in particular but without limitation. the warranties. guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30.13.1.13.12.13,14. 14.3 and IS.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder. are in addition to. and are not to be construed in any way as a limitation of. any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations. by special warranty or guarantee or by other provisions of the Contract Documents. and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty. obliga- tion. right and remedy to which they apply. All represenla- tions. warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. 33 I I I I I 1 I I I I I I I I I I I D I SUPPLEMENTARY CONDITIONS 1.1 OWNER'S LIABILITY & PROPERTY INSURANCE: section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by Augusta-Richmond County for this project. Current insurance coverages will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY: As indicated under Section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding .paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.3 SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liabi I i ty and property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Augusta-Richmond County Road System. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. SC-l I I I I I I I I I I I I I I I I I I I 1.4 TESTING LABORATORY: All testing and laboratory work ih connection therewith shall be performed by an independent firm and paid for by the Contractor. Copies of all test reports shall be forwarded to Augusta-Richmond County Public Works. There will be no separate payment for this work. 1.5 SURVEYS: The Contractor will provide surveying for construction staking, horizontal control and vertical control as necessary. 1.6 PROGRESS PAYMENT: section 14.2 of the General Conditions shall be amended as follows: The contractor may submit monthly estimate for work completed and materials properly stored as approved by the Engineer. When an estimate includes materials stored, a bill of sale, invoice or other documentation warranting that the Owner is receiving the material free and clear of all liens, charges, security interest and other encumbrances shall be attached to the payment request. 1.7 ENGINEER: All references to "Engineer" shall be interpreted to mean the Augusta-Richmond County Engineer, or his official designee. 1.8 UNDERGROUND UTILITIES: (References 4.3, 1.4, 3.2) The Contractor shall coordinate with all, utili ty companies through the "one call" method or other appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the Contractor's work. 1.9 SAFETY: (Reference 6.20) The Contractor shall use certified flagmen, barricades and signs as necessary to notify the public, in particular those persons driving in the vicinity of the project, of the construction and its affect on traffic. SC-2 nJOA t'2,D" lBS-5100 , 2. Notwithstandi!1g any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held liable to, or in any other respect be responsible to, the Obligee by way of indemnity, claims or otherwise, or to any public authority or to any other person, firm or corporation, for or on account of any fines or claims by any public authority or for bodily injuries or property damage to any person or thing, including, but not limited to, injury or damage due to the release or threat of release of hazardous substances of any kind or damage to real estate or to the environment or clean-up costs or other damages of whatever kind or nature arising out of any act of commission or omission by the Principal, the Principal's agents, servants, employees. subcontractors or suppliers or any other p'erson in connection with the performance of the Contract. This limitation applies regardless of when any such fine is assessed, claim is made, or injury, damage, release or threat of release occurs and without regard to any term or condition of the Contract. 1.2 Obtain a bid or bids from alternative contractors to complete the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay'the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph of this bond. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal. 1.1 Compete the Contract in accordance with its terms and conditions, or 1. Whenever the Principal shall be, and be declared by the Obligee to be in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and faithfully perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. which Contract is by reference made a part hereof. , entered into a contract ,19. WHEREAS, the Principal has by written agreement, dated (the "Contract") with the Obligee for Barton Chapel Road Improvements, Phase I Project Number: 55-8675-094 Dollars ($ 965,886.40 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Eight Hundred Eighty Six and 40/100--- Nine Hundred Sixty Five Thousand, , as Obligee (the "Obligee"), in the penal sum of · as Principal (the "Principal"), and Liberty Mutual Insurance Company, a mutual company duly organized under the laws of the Commonwealth of Massachusetts, as Surety (the .Surety"), are held and firmly bound unto Augusta-Richmond County Commission-Council APAC-Georgia, Inc. KNOW ALL MEN BY THESE PRESENTS, that we .-_.Bond Number: 14-000-025-0237 .. ... LffiERTY Ie BOND SERVICES" J PERFORMANCE BOND . 8/94 Rev. LBS-5100 "j '. I ~ I I: . ' . (Seal) By'~ Name: DcJH~ 1::1 k. Ho J.ley Title: -0, V I Pri's. ; , - - - - --- - ( ..... I. " I I"r" APAC-Georgia, Inc. . Principal (Seal) WITNESS OR ATTEST: ,19 day of Signed and sealed this I, ; I 6. Any claims must be presented in writing to Liberty Mutual Insurance Company, to the attention of Liberty Bond Services, Claim Department, 600 W. Germantown Pike, Plymouth Meeting, PA 19462. 5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, adminislrators or successors of the Obligee. 4. Any suit under this bond must be instituled before the expiration of two (2) years from the date on which the Principal ceased, to work on the Contract If the provisions of lhis paragraph are void or prohibited by law, the minimum period- of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 3. The Surety hereby waives notice ot.any alteration or extension of time made by the Obligee. ''-. ", " .. (b) Other than in a state COllrt of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. LBS-5200 (a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written notice to the Principal and the Surety within ninety (90) days after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal or the Obligee at any place where an office is regularly maintained for the transaction of business, or in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer, 'and to the Surety to the attention of Liberty Bond Services, Claim Department, 600 W. Germantown Pike, Plymouth Meeting, PA 19462. 3. No suit or action shall be commenced hereunder by any Claimant: 2. The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereol). The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 1. A "Claimant" is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of ,the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental, of equipment directly applicable to the Contract. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly make payment to all Claimants, as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain In full foree and effect.: which Contract is by reference made a part hereof. , entered into a contract ,19 WHEREAS; the Principal has by written agreement dated (the "Contract") with the Obligee for 'Barton Chapel Road Improvements, Phase I Project Number: 55-8~75-094 Eight Hundred Eighty Six and 40/100--- Dollars($ 965,886.40 ),' for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Nine Hundred Sixty Five Thousand, , as Obligee (the .Obligee"), in the penal sum of APAC-Georgia, Inc. , as Principal (the "Principal"), and Liberty Mutual Insurance Company, a mutual company duly organized under the laws of the Commonwealth of Massachusetts, as Surety (the "Surety"), are held and firmly bound unto Augusta-Richmond County Commission-Council KNOW ALL MEN BY THESE PRESENTS,~hat we , ' . . LIBERTY ~OND SERVICES ,:. . " Bond Number: 14-000-025-0237 j .', PAYMENT.. BOND (c) After the expiration of one ('I) year following the date on which Principal ceased work on the Contract. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction 01 the suit shall be applicable. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the paYOlai'll by the Surely of mechanics' liens which may be filed of record against such improvement, whether or not claim for the amoLlnt of such lien be presented lJI~der and against this bond. Signed and sealed this day of ___.__ ,19 WITNESS OR ATTEST: APAC-georqia. Inc. Principal ,___, (Seal) CA~4 L_li~ By: 1L ,t}1"-' / t! --n-- Name: OC~~(Jlley Title: D1 y. Pre~ , " (Seal) LBS-5200 8/94 Rev. '-' :>. CIl '0 III III Ql I:: 'iij ::::J .0 >- I:: CIl _I:: -0 ~.... >-(f) QlW Ee ,go.. -0 <(M - .. oo::t ...'0 Qll:: 3C1l oE Q.(ll ,~o ~o - .. I. I. I I. I. I. 'I II I I I I I I I I 'I I I SECTIONP PROPOSAL Date: 11- 25 - ?7 Gentlemen: In compliance with your invitation for bids dated , 19___, th~ undersigned hereby proposes to furnish all labor, equipment', and materials, and to perform all work for the installation of streets, and appurtenances referred to herein as: Barton Chapel Road Improvements, Phase I Project Number: 55-8675-094 in strict accordance wi th the Contract Documents and in consideration of the amounts shown on the Bid Schedule 'attached hereto and 'totaling: l'I'rl~ Nur.u},ed SIXIy h'lt! Iho,-/sc,,.,d E.11Al l-IuHelfer! 67)'./y 51)< -I ~/:O(/ DOLLARS ($ 9tS) 88' ,40 ) The under~igned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute: a formal contract agreement with the OWNER, and that he i will provide the bond or guarantees required by the Contract Documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within 10 calendar days after the date of written notice to proceed, and that he will complete the work within 220 calendar days. The undersigned acknowledges receipt of the following addenda: Respectfully Submitted A PfiC - G eO(9/Q . Irlt (Name of Firm) J, P.O. Bo;< IJ 2 q lfuqosl..7 (Bus\~ef WrS) , By: f\, \. ;f1 Title: O/V. Pres. P-1 I II ----......, i. B. i. - II I. AI II II II II 11 )1 II II II II 11 110 II 03/03/97 :ITEM ;'NUMBER: 150-1000 1 71-00 I 0 207 -0203 230-1000 310-1101 318-3000 402-0111 402-0113 402-0116 402-:-1811 413-1000 432-5010 436-1000 441-0016 441-0018 441-0104 441-0303 441-0748 441-6012 441-6022 500-3200 500-3800 500-9999 BARTON CHAPEL ROAD IMPROVEMENTS, PHASE I PROJECT NUMBER: 55-8675-094 . DETAILED ESTIMATE ... .. ... . ..... . · . .;i;~!,;,g,::,,:': "",;', ~ ., .... ,;< ,'; ~'&!~~. i' f:~!:,::~j;~:_. . DESCRIPTION. . ..-,"," C:,:.'>': . ., "UNIT.OTY.. ":,,.,,;PRICE . ,.AMOUNT · PUBLIC WORKS PORTION LS LF 3.500 CY 200 LS TN 4.000 TN 650 TRAFFIC CONTROL TEMPORARY SILT FENCE. TYPE A FOUND BKFILL MAn. TP II LUMP SUM CONSTRUCTION. GR AGGR BASE CRS. INtL MAn AGGR SURF CRS RECYCLED ASPH CONe B, GP 1 OR 2, il'f.CL BITIJM MAT & H LIME RECYCLED ASPH CONe E, GP 1 OR 2, !NCL BlTUM MAT & H LIME RECYCLED ASPH CONC! H, GP 1 OR 2, INCL BlTUM MAT & H LIME RECYCLED ASPH CONe LEVELING, INCL BlTUM MAT BlTUM TACK COAT MILL ASPH CONC PVMT. VARIABLE DEPTI! ASPHALTIC CONCRETE CURB (EXTRUDED 6 IN X 6 IN) DRlVEW A Y CONCRETE. 6 IN TK nRIVEW A Y CONCRETE.: 8 IN TK CONC SIDEWALK. 4 IN CONC SPILL WAY. TP 3 CONCRETE MEDIAN. 6 IN CONC CURB & GUTTER. 6 IN X 24 IN. TP 2 , CONC CURB & GUTTER.: 6 IN X 30 IN. TP 2 CLASS B CONCRETE CLASS A CONCRETE. INCLREINF STEEL CLASS B CONC. BASE OR PVMT WIDENING P-2 . 1 TN 1.450 TN 1.800 TN 75 TN 1.570 GL 1.880 SY 1.400 LF 300 SY 360 Sy 490 SY 475 EA 1 SY 15 LF 100 LF 5.500 CY 5 CY 30 CY 50 ~ 4900.00 34Qoo. 00 Z. . 50 8 7 liD. 00 ,~ ,7 . 00 b 400 . 00 "if b 75. 00 I C.l.fb 7 'f', 00 I L .IJO t..4ooo. 00 10.00' (,.j-oo.oo 31. 20 5.~q4o. 00 ,:?b.35 ~5410. 00 42.00 1 ) .1)0. w a 7. SO 6'! 875.00 If?.~ 15Cfg.oo 4, D5 ~ ,1'1 0.0(; 5.00 29.50 ,-1 9 . J 5" /9.71) J tOO.OD 4 z., 00 10.')D 'X. IS 4't5.00 ,~oo .00 C}.J)". ()O JSoo.oo 10bC.0.OO . /9 / 83. So q ~ 8 J .lS J lot;. 00 b~ 0.00 1050.00 . 4 Lf ~25'.()o l 2..2..5. O{) J 1)000.00 4 Z~D. (X) BARTON CHAPEL ROAD IMPROVEMENTS, PHASE I PROJECT NUMBER: 55-8675-094 DETAILED ESTIl\1ATE 03/03/97 .. .ITEM NUMBER. )1. ~o 2..0.10 2. 7. 00 32.10 q[.OO J tf I . ~I) 4'10.00 5:35 00 l!. 40 ~ b. 00 Z.,{;,5 /550.00 /52.5.00 g 2S. 00 Z I g~,oo -1.-f.q&. 00 4tf-5/)"t).00 3hq IS. 00 lQlfO.ao 14IL~,OD q go. 00 II. OJ, (Y) /)1,8.00 ~I,Oo .00 ,~ I g , 00 ,:j I 00, 00 1511).00 I L SO . 00 115 LF LF LF LF LF 170 1.650 1.150 30 100 2 3 20 100 120 EA 2 EA I EA 2 306(,0, 00 ~o ,'0,00 LS I BARTON CHAPEL RD (Q), WRIGHTSBORO RD LS 1 37065. t)() ,~70/:'5. ()(. 653-0120 !THERMOPLASTIC PVMT,MARKING, ARROW, h1>2 , , EA 24 (,.:J I D() J.~/Z.OO 653-0210 THERMOPLASTIC PVMTMARKING, WORD, TP 1 EA 10 q(j.()() 900.00 653-1501 ~RMOPLASTIC SOLID'TRAF STRIPE, 5 IN, \VHlTE LF 2.800 1,-3D 8lf-o .00 653-1502 fn-IERMOPLASTIC SOLID'TRAF STRIPE, 5 IN, IYELLOW t LF 11.000 .,10 3 :10Q,00 653-1604 THERMOPLASTIC SOLID:TRAF STRIPE, 18 IN :wtnTE LF 90 2.(;5 238.,-5"l) .-- ...; " . P-3 I I I I I I I I I I I I I I I I I I I BARTON CHAPEL ROAD IMPROVEMENTS, PHASE I PROJECT NUMBER: 55-8675-094 DETAILED ESTIMATE 03/03/97 ':'.' ,}TEM ........ . ,: ..:'::.0'::....::..:.:::,:.:'.;..:.'....,..:.:,:,.........L.:...~..,'.~~.;.:,...'.:,:.',..:..".:.f.,,;...'.;::.::..:,.,:.'..~.:.'.._:.~....:..:......:.,............,. ~. '.' ....::. '. ..... ::,....:>;'lJNrr .: "-::. " : NUMBER . -DESCRIPTION.,..:"':','.....' . :UNIT :OTY ,,:;~:j~~ :.,> }'::::~ol1NT . 653-1704 h"HERMOPLASTIC SOLIn TRAF STRIPE, 24 IN twmTE LF 165 .3. 95 L~/ .15" 653-1804 TIlERMOPLASTIC SOLI~ TRAF STRIPE, 8 IN, WHITE LF 150 ).30 J 95. O() 653-3501 THERMOPLASTIC SKIP TRAF STRIPE, 5 IN, \VHITE GLF 740 1 Z 1 J {~ tf 0 653-3502 1llERMOPLASTIC SKIP TRAF STRIPE, 5 IN, mLLOW , GLF 650 ,ll /3'.50 653-6004 THERMOPLASTIC TRAF STRIPING. WHITE SY 390 .-? !5 JSOJ.50 653-6006 rrnERMOPLASTIC TRAF STRIPING. YELLOW SY 1.000 3.85 ~g5o. OC- 654-1010 RAISED PVMT MARKERS TP 10 EA 30 :f4.oo J () l (). OC 668-1100 CATCH BASIN. GP 1 EA 25 J 2. S5. 00 -? J 17/), OC 668-1110 CATCH BASIN. GP 1. AtiDL DEPTIi LF 15 /55".00 1-32.5". Oc, 668-1200 CATCH BASIN. GP 2 EA 2 ? :~,5."}. O() 47 I(), (;0 668-1210 CATCH BASIN. GP2. ADDL DEPTII LF 10 180.00 7rgoo,oo 668-2100 DROP INLET. GP 1 EA 19 12..~O.OD 2. Z 300. 00 668-4300 STORM SEWER MANHOLE. TP 1 EA 2 J 2. 40 . IJD Z41tJ.oC , 668-4311 STORM SEWER MANHOLE, TP 1, ADDL DEPTI!. CL 1 LF 2 J{f,oO 3/0.00 668-4400 STORM SEWER MANHOLE. TP 2 EA 1 /730.00 I 7 8'D. 00 668-4411 STORM SEWER MANHOLE, TP 2, ADDL nEPTI!. CL 1 LF 4 1 7fJ. 00 ~<10. 00 668-5000 JUNCTION BOX EA 2 Q10.00 I 8 (, D. 00 668-7000 DRIVEWAY GRATE INLET, SPECIAL DESIGN. I J7b5{oo J7~S6.00 PIPE EA 1 668-7012 DRAIN INLET. 12 IN.. ! EA 6 ,~75. 00 q 4-S C). 00 700-6001 GRASSING - COMPLETE: (3.5 ACRES+/-) LSAC 1 /[460.00 54(,0.00 , : SUB-TOTAL PUBLIC WORKS PORTION: 882.,4-40.40 P-4 (I II II II II II II II I ,I I I I I I I I I I BARTON CHAPEL ROAD IMPROVEMENTS, PHASE I PROJECT NUMBER: 55-8675-094 DETAILED ESTIMATE 03/03/97 .. 'ITEM . ;' ...... ....: '.' .;..... .'::'..:::~?'.::':~:"'.-\:?';;"::--'-:'?,'b;.j~..~t';~{{~..:..:. .::,': k./. ... . ,:.'.~}:.;:>;' ~;jjrlt>::. ~~~...:..::<;::'.:::;:~}""':." ". I~~ , -. . r':,:,:"":':;;i ..;...-.......:..'.;.. . . . <:~:.",.::}:;:..- . . NuMBER .. DESCRIPTION, ", ........,.. ::'::':.' ::UNlT:: i.>UI'Y " <AMOUNT . . . . "', -...' "~~ ';.'- '......,. :.; '''-h ": . UTILITIES PORTION 615-1000 JACK OR BORE PIPE - STEEL. 0.216 IN WALL , J~ I . (q (SO. 00 THICKNESS. 15 IN LF 150 00 660-0008 SAN SEWER PIPE. 8 IN. PVC LF 550 -1h. -31) 1 ~ 9L{, 00 660-0808 SAN SEWER PIPE. 8 IN. DUCTILE IRON LF 200 ~ I . ~o /:,320.00 668-3300 SAN SEWER MANHOLE~ TP 1 EA 5 JO,35. 00 .If J 7~, 00 . 668-33 I 1 SAN SEWER MANHOLE; TP 1. ADDL DEPTH. , CL 1 LF 15 105. 00 157~ OC 670-1060 WATER MAIN. 6 IN ( C-900. CLASS 200 PVC PIPE) LF 730 J4.20 J 0 :3 bt, . ()() 670-2020 GATE VALVE. 2 IN EA 1 2 25, DO 2.Z5, DO : .~J() . I/) Z Q. 670-2060 GATE VALVE. 6 IN EA 2 OD 00 670-3086 IT APPING SLEEVE & VALVE ASSEMBLY, 8 IN Dc6IN EA 1 22.00. DO Z tOO. tJO 670-4000 FIRE HYDRANT EA 1 1~3o.06 J~ 80, at} 670-5010 WATER SERVICE LINE. 1 IN LF 100 J 2, 2.S } 225". 00 670-8062 DBL STRAP SADDLE. 6 IN X 1 IN EA 5 100. 00 1.'100. 00 670-9710 RELOCATE EXIST FIRE HYDRANT. EA 2 990.00 17~O. 00 670-x..,xx6 IwATERMAIN. 6 IN. OFF'SETCOMPLETE LF 1 Z. ?J35. D() 1Q15.oo 670-x..,xx8 Iw A TER MAIN. 8 IN. OFFSET COMPLETE LF 2 Z 73,1), 00 J!4- 70. 00 670-xxlO WATER MAIN. 10 IN. OFFSET COMPLETE LF 1 '7:; Z-bO, DO 1l b O. 00 I 'l3 ~4~ . t")Q SUB-TOTAL UTILITIES;PORTION: 4r , ) CONTRACT TOTAL: q~ - gg( , 6 , 1-0 J P-s I. l.. I.. '. II jl II [I II II II II II II (I II II II II BARTON CHAPEL ROAD IMPROVEMENTS, PHASE I PROJECT NUMBER: 55-8675-094 DETAILED ESTIMATE 03/03/97 1.~ ~?~::-f~!IT!)~~{~i,~lgl!t~I~~lf~t!li~!J '1111 f!!~-'. t · LUMP SUMCONSTRU.CTION includes but 1S not limited to: Clearing & Grubbing; Construction Staking; All Removals & Disposals w/out a specific pay item; Obtaining, Maintaining & Restoring all wastes and/or borrow sites - estimated quaAtities: Unclassified Excavation 7,650 CY +/-, In-Place Embankment 5,125 CY +1-; Ties to Existing Storm Drainage Structures; All required Erosion Control measures w/out a specified pay item; All Grading including excavation and/or Qorrow; Any other required work w/out a specified pay item; Plugging Existing Pipes w/concrete; Asphaltic Concrete Pavement partial remov~ ,- see Section 441, GA DOT Specifications; The Removal & replacement (in kind) of all fences & walls which conflict w/coristruction; Adjust Water Valves, Manholes, etc. as required to grade; and, Paint Striping of Fox Appliance's parking lot. .. Storm Drain Pipe, 12 IN (Yard Drains) may be of the following materials only- Ductile Iron Pipe, PVC, Schedule 40. ' *** All costs for itenis shown on page P-5, UTILITIES PORTION, shall be billed directly to the following address:, Mr. Max Hicks, Augusta Utilities Director, 2760 Peach Orchard Road, Augusta, Georgia 30906. ~l~ CONTRACTOR APAC-Geor1'Q )Lle. P-6 I I I I I I I I I I I I I I I I I I I ./ Hard Surface Public Road /' / /'" N.S.A. R-2 (1.0-3.51 Coarse Aggregate Geotextne Underllner ~ CRUSHED STONE CONSTRUCTION EXIT TO BE USED }.S D/RECTtOBY THE ENC/NEER WHERE CONSTRuCnON nv.mc IS EmERINe " PUBUC PAVED ROAD. PAYl.4ENT TO BE INCLUDED IN PRICE BID FOR LUMP SUJJ CONSTRUCTION OR ornER CON1lV.CT BID nDlS. CE-1 I I I I I I I I I I '1 I I I I I I I I BARTON CHAPEL ROAD IMPROVEMENTS, PHASE I GENERAL NOTES ADJUSTING MINOR STRUCTURES TO GRADE: This item consists of raising or lowering the upper portion of existing manholes, water valve boxes, gas valve boxes or any other miscellaneous structures within the area of constr~ction. There will be no separate payment for this work unless shown as a separate pay ,item. AGGREGATE SURFACE COURSE: The item aggregate surface course is for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, Section 318, Georgia Standard Specifications, is modified to permit truck dumping on unprepared and muddy subgrade. Section 318 is further modified to permit the use of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the following materials. Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type 1 or 2 Crushed Stone Subsection 815.01 Subsection 800.01 Section 803 Subsection 806.02 All materials to be used as directed by the Engineer. AS-BUILT PLANS: The Contractor shall furnish a legible set of "as-built" plans, in good condition, to the Project Inspector no later than the date of ,the Final Inspection. Such plans shall have all significant changes marked in red. The Project Inspector shall review the marked plans for accuracy, legibility and completeness. As-built plans, approved by the Project Inspector, must have the Inspector's signature on the cover sheet. No "as-built" plans will be accepted without the approval of the Project Inspector~ G-l I I I I I I I I I I I I I I I I I I I CASINGS: All steel casings being installed across any roadway and/or right-of-way shall have the joints continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when welds are ready for inspection. Welded casings backfilled without the Engineer's approval shall be uncovered for inspection at the Engineer's request. COMPACTION: All compaction shall be as defined in the current edition of Georgia Department of Transportation Specifications. Special attention shall be given to the backfill of minor structures (pipe, box cuI verts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using approved tamps and soil layers of approximately 6 inches (loose measure) and in accordance with Georgia Department of Transportation Standards 1030-D and 1401. Backfilling operations of this nature shall not begin until the Contractor has on hand all equipment in good working condition, and competent operators. The backfilling of pipe and other minor structures shall be in accordance with Georgia Department of Transportation Standard Specifications, Current Edition. Backfilling with sand ,using jetting and/or flooding will not be allowed in any case without the written permission of the Engineer. CONCRETE: The Contractor shall have a slump cone on the project at all times when concrete is being placed. He shall, in the Engineer's presence, perform slump tests as directed by the Engineer. Test~ shall be performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 lbs. cement per cubic yard. Class liB" concrete shall have a minimum of 470 lbs. cement per cubic yard. Concrete not meeting these requirements will be rejected -by the Engineer. CONSTRUCTION: Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header curb, etc.) shall be paid for in the unit price bid for curb and gutter. At locations where new pavement is to be placed adjacent to existing pavement without an overlay or where curbing is to be placed across paved parking lots, a joint shall be sawed on a line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will be paid for under the pay item-Sawed Joints...Per Linear Foot. Where curb and gutter is used and the shoulder elevations are higher than adjacent ground, the actual direction of drainage runoff shall be determined by the Contractor. He shall make such provisions as necessary to ensure that no ponding is G-2 I I I I I I I I I I I I I I I I I I I caused by the new construction. He may place additional fill to provide drain inlets. Compensation will be under the price bid for the appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope down outside the back of the curb line not to exceed an algebraic difference of 0.07. This should be used primarily on the high side of superelevated curves. The Contractor should use caution with standard variance and place special emphasis on hydraulic considerations. Where curb and gutter is to be built on the high side of superelevated curves the gutter slope shall match the roadway slope or superelevation rate. The Contractor shall provide borrow and/or waste pits for this project. All pits acquired for use on this project shall be reclaimed in accordance with Subsection 107.23 and section 160 of the Standard Specifications. All storm drain pipe, side drain pipe, pipe culvert wingwalls, steps, retaining walls, curbs and gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as a removal pay item will be removed as Clearing and Grubbing, Grading Complete, Grading Per Mile or Lump Sum Construction. Cut and fill slopes outside of clear zones may be adjusted on construction where necessary to remain within the right of way. Curb cuts ramps in accordance with Standard 903l-W are to be used at all street intersections on this project. CONSTRUCTION LAYOUT: Construction layout work shall be performed by the Contractor. See section 149 of the Standard Specifications. The survey for this project was made by Southern Partners @ 855-6000. DESIGN ALTERATIONS: The Commission-Council recognizes that various changes in design may be made as the project progresses. Any requests for additional payment will be processed based on actual work in place and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced separately and no work shall be done on these items until approved, in writing, by the Engineer. DRIVEWAYS: The item aggregate surface course is for use as surface for unpaved drives and for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, Section 318, Georgia Standard Specifications is modified to permit truck dumping on unprepared and muddy subgrade. Section 318 is further modified to permit the use G-3 I I I I I I I I I I I I I I I I I I I of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the following materials: Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type 1 or 2 Crushed stone Subsection 815.01 Subsection 800.01 section 803 Subsection 806.02 All materials to be used as directed by the Engineer. All driveways that are to be reconstructed shall be replaced in kind i.e., asphalt for asphalt, concrete for concrete, and aggregate surface courses for earth. The driveway locations indicated on the plans are from the best available data. The Contractor shall obtain the approval of the Engineer prior to making any revisions such as to location, width, and/or number of drives to be constructed where required. The drives shall be paved as follows: Asphalt Drives Residential: 1 1/2" Asphaltic Concrete "E" 3" Asphaltic Concrete Base Commercial: 1 1/2" Asphaltic Concrete "E" 2" Asphaltic Concrete "B" 3" Asphaltic Concrete Base Concrete Drives Residential: 6" Valley Gutter Commercial: 8" Valley Gutter Earth Drives 2" Aggregate Surface Course (Spread on the surface and not mixed in.) Ingress and egress shall be maintained at all times to adjacent properties, unless otherwise noted in the plans. All valley gutter drives shall conform to Standard 6050 or 903l-J. EROSION AND SEDIMENT CONTROL: The Contractor shall be responsible for all soil erosion and sediment control practices. All on-site erosion control shall comply with local'Augusta-Richmond County erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. EXCESS MATERIAL: All excess material is to be disposed of as directed by the Engineer or as noted in Subsection 107.23 of the Specifications. FENCE: All new fence called for on the plans and/or contract documents shall meet the requirements of section 643 of the G-4 I I I I I I I I I I I I I I I I U I I Georgia Department of Transportation Standard Specifications, current edition. New fence not meeting these Specs will be rejected. In contracts where remove and reset fence items are involved (either as pay items or as Lump Sum Construction) all replacement fence shall be equal to or better than the existing fence as approved by the Engineer. This means equa.l to or better than the original fence at the time of it's installation. In accordance with Subsection 643. 03D the Contractor must furnish positive locking devices, padlocks and keys with all gate assemblies. FINISHING AND DRESSING: All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre- existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. FLAGGING: Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions, and as required by the Engineer. All flaggers shall meet the requirement of part 6F of the MUTCD and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provide certified flaggers as required above shall be reason for the Engineer suspending work involving the flagger(s) until the Contractor provides the certified flagger(s). Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent oran:ge vest, shirt, or jacket, and shall use a Stop/Slow paddle, meeting the requirements of section 6F-2 of the MUTCD for controlling traffic. The Stop/Slow paddle shall have a shaft length of seven (7) feet minimum. In addition to the stop/slow paddle, a flagger may use a 24 inches square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTCD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the presence of the flagger shall be placed beyond the point where traffic can reasonably be expected to stop under the most severe conditions for that day's work. G-5 I I I I I I I I I I I I I I I I I I I FOUNDATION BACKFILL MATERIAL, TYPE I: Foundation Backfill Material Type I shall conform to Georgia standard 1030-D and section 207 of the Standard Specifications. No separate payment will be made for this material or its placement. FOUNDATION BACKFILL MATERIAL, TYPE II: Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and section 207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the Engineer. It, shall also be used beneath all concrete box cuI verts. Quanti ties shall be measured for payment in accordance with Georgia Standard 1030-C or as directed by the Engineer. Payment shall be per cubic yard unless otherwise specified in the 'contract. GRADING: In contracts where grading, including excavation for drainage structures, is accomplished under section 210 (Grading Complete or Grading Per Mile) or section 230 (Lump Sum Construction) the Lump Sum amount bid will include all work necessary to obtain the line, grade and compaction in accordance with the Specifications and other contract documents. There will be no separate payment for any work of this nature including borrow and the removal of unsuitable and/or unstable material. However, the Contractor shall make whatever investigations he deems necessary to determine the extent of any borrow or removal necessary to meet contract requirements. If it develops that removal of unsuitable/unstable materials quantities could not have been predicted by the Contractor from a reasonably thorough investigation of project conditions, the Contractor may request negotiation for payment for excavation of this nature in areas where the depth exceeds three (3) feet below subgrade. The Owner will consider negotiation only when this type of removal is excessive and the Contractor provides evidence that he thoroughly investigated project conditions prior to entering his bid. Only those quantities in excess of three (3) feet below finished subgrade and/or normal excavation for drainage structures, ordered by the Engineer, will be considered for payment. GRASSING AND EROSION CONTROL: The Contractor shall bid on grassing, lump sum, and it shall be his responsil;>ility to determine the actual area to be grassed. No claIms will be considered for extra compensation if the Contractor relies on plan information to prepare his bid. All slope areas are to be grassed unless shown otherwise on plans. Temporary grass is required if permanent grass season is out. G-6 I I I I I I I I I I I I I I I I I I I The Contractor shall be responsible for all soil erosion and sediment control practices including Temporary Grassing, Temporary Mulch and other temporary measures. All on-site erosion control shall comply with local erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre- existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. Discontinued. roads or other areas inside or outside the project construction limits, but within the existing or required right-of-way, shall be obliterated and restored as nearly as possible to the original contour of the ground (See section 205 of the Standard Specifications). No separate payment will be made for this work. Where item number 700-6001 is shown as a pay item Georgia Department of Transportation Specifications are modified to provide that the ,lump sum price bid shall be full payment for all fertilizer, lime and nitrogen. No separate measurement for payment will be made for any work or materials required to accomplish a stand of permanent grass. INFESTATION: The entire proje~t is considered to be within the limits of an insect infested area. The Contractor's attention is called to the following sections of the Standard Specifications: (A) 155 Insect Control (B) 893 Miscellaneous Planting Materials. INSPECTION: This project will be inspected by the Engineer or his Representative. LEVELING: Leveling shall be placed at the locations and in amounts as approved by the Engineer or his Representative. Measurement and payment shall be made in accordance with the Standard Specifications on a unit price basis. The quantities included in the schedule- of items are approximate and subject to change. All changes will be made at the unit prices, as bid. I In areas where crown improvement, widening, curbs and/or gutters is required, any required asphaltic concrete leveling shall be placed prior to the 9bove items being constructed unless otherwise authorized by the Engineer. As a minimum 3-point levels shall be taken unless otherwise directed by the Engineer. G-7 I I I I I I I I I I I I I I I I I I I MILLING: Consists of milling existing asphaltic concrete pavement in curb and gutter sections to restore drainage, riding characteristics and a reasonable pavement crown. This work shall be kept to a bare minimum by continuing consultation with the Engineer or his Representative. Area and depths to be milled shall be agreed on by the Contractor and the Engineer or his Representative. MISCELLANEOUS DRAINAGE STRUCTURES: All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain Inlets, Special Inlets, etc. whether standard or special design shall be paid for Per Each. There will be no separate payment for additional depth unless specifically shown as a pay item. NOTE: All Catch Basins, Drop Inlets, Manholes, exposed Junction Boxes, etc. with concrete topslabs shall include manhole rings and covers. PATCHING AND REPAIR OF MINOR DEFECTS: Where necessary, the Contractor is required to patch and repair existing potholes, minor pavement defects and base failures in accordance with the Specifications. PAYMENT FOR PIPE CULVERT INSTALLATION: 1. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard l40i. 2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete (See Georgia Standard 903l-L) . 3. Payment for pipe culvert includes any required concrete collars (See Georgia Standard 903l-U). PIPE CULVERTS: Unless otherwise noted, all cross drain, longitudinal and stub pipe are to be reinforced concrete. All required pipe culverts shall be in accordance with Standard 1030-D. Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate pay item will be made for this material or its placement. Payment for pipe culvert or utility installation includes sawing . and/ or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete and for constructing concrete collars. G-8 I I I I I I I I I I I I I I I I I I I The Contractor shall include in his price bid for pipe, the addi tional cost of bends, tees, fasteners, appropriate gaskets (see section 848 of the Standard Specifications), and structure excavation. PRECAST CONCRETE UNITS: Precast Concrete Units, other than those specifically allowed by Georgia Department of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc shall not be installed without written permission from the Engineer. Any such units installed without such written permission shall be removed from the project. REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD: It shall be the Contractor' s responsibility to remove and reset any and all existing ornamental shrubs and bushes and sod in conflict with proposed construction. Coordination with the property owners is essential .in this endeavor. The Contractor will' not be held responsible for care and maintenance after removing and resetting these plants and sod except in cases where the Contractor's equipment causes irreparable damage or where plants and/ or sod dies as the result of negligence on the Contractor's part. In which cases, the Contractor will be held responsible for replacement. Sod shall be reset with ground preparation in accordance with Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall remove the sod in a manner that will be conducive to insuring that the reset sod will live. At the Contractor's option he may replace any sod he removes with new sod of the same type. No separate payment will be made for this work or replacements unless specifically shown as a pay item. REMOVING AND RESETTING OF OBSTRUCTIONS: It shall be the Contractor's responsibility to remove and reset any and all obstructions such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns, etc. which are in conflict with construction and are responsible for the security of pets and/or personal property through the use of temporary fence if necessary. No separate payment will be made for this work except when shown as a separate pay item. RIGHT-OF-WAY AND EASEMENTS: The Contractor shall not perform any work outside the limits of the right-of-way or easements. In addition, no equipment or material shall be placed outside these areas without written permission of both the property owner and the Engineer. In the event that the Contractor elects to utilize private property for any purpose connected with the project such as, but not limited to, staging areas, equipment and/or material storage or simply as a convenience, he shall submit a written G-9 I I I I I I I I I I I I I I I I I I I agreement to the Engineer containing vital information such as limits of both area and time the property is to be utilized and a description of the intended use. The agreement must be signed by both the property owner and the Contractor and will be reviewed and recorded by the Engineer. Such agreements must be submitted prior to the Contractor's use of the property. SALVAGEABLE MATERIALS: As directed by the Engineer or his Representative, all salvageable materials, such as drainage pipe, which require removing but are, not to be used on this proj ect, are to be cleaned. and stor~d within the right-of-way by the Contractor. These materials shall be picked up and transported by Augusta- Richmond County forces. The Contractor is responsible and shall make restitution to Augusta-Richmond County for materials damaged through his negligence. SAW CUTS: When matching existing conditions, saw cuts shall be used as required by Augusta-Richmond County. Only saw cuts in Portland Cement Concrete which are shown as contract pay items will be paid for separately. No saw cuts in asphaltic concrete will be paid for separately. SHOULDER WORK: All necessary cleaning of the existing pavement including clipping of shoulders required prior to resurfacing shall be the responsibility of the Contractor. The material displaced shall be removed~ lowered or spread over the shoulder to an elevation and slope which will provide adequate drainage. The cost of such work shall be included in the prices bid for other items SPECIFICATIONS, STANDARDS AND OTHER DATA: All references in this document, which includes all papers, writings, docume~ts, drawings, or photographs used, or to be used in connectfon with this document, to state Highway of Georgia, State Highway Department, Highway Department, or Department when the context thereof means the Georgia Department of Transportation mean, and shall be deemed to mean, Augusta-Richmond County, Augusta-Richmond County Commission-Council Department of Engineering Services. The data, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, are not guaranteed, and do not bind Augusta-Richmond County, Georgia in any way. Only the actual quantities completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the Georgia G-10 I I I I I I I I I I I I I I I I I I I Department of Transportation, current edition, which will be part of this contract. This project is based on and shall be constructed in accordance wi th the state of Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, current Edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the Engineer shall control the situation. This project shall be constructed in accordance with current Georgia Department of Transportation Roadway Standards and Construction Details. STORM DRAIN PIPE: Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete. SUBCONTRACTORS: The Contractor shall furnish the official name of all firms he proposes to use as Subcontractors in the work. This information should be furnished at the Preconstruct ion Conference. However, no work shall be done on this project by a Subcontractor until the Contractor receive written approval of his Subcontractor(s) from the Engineer. The Engineer shall notify the Contractor, in writing within 10 calendar days whether or not approval of the Subcontractor(s) is granted. SUPERELEVATION: All horizontal circular curves are to be superelevated in accordance with Georgia Standard 9028-C as directed by the Engineer. TESTING OF THE WORK: The Contractor shall employ a qualified materials testing laboratory to monitor more fully the quality of materials and work and to perform such tests as may be require9 under the contract documents as conditions for acceptance of materials and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF THE WORK. Concrete compressive strength project (see section 500 of Transportation Specifications). where necessary. tests are required on this the Georgia Department of Other tests may be required All test results are to be submitted to the Engineer. No separate payment will be made for employing the testing laboratory or any required tests. G-ll I I I I I I I I I I I I I I I I I I I On projects that include asphaltic concrete, cores shall be cut in the asphaltic concrete at random locations, selected by the Engineer, to verify thicknesses. A minimum of three (3) cores per mile or three (3) cores per project, whichever is greater, shall be cut by the Contractor. If all thicknesses are satisfactory, in accordance with section 400 of the Department of Transportation Specifications, no further cores will be required. If cores indicate an unsatisfactory thickness, additional cores, as determined by the Engineer and at locations of the Engineer's choosing, shall be cut to determine the extent of the unsatisfactory thickness. Corrections as shown in Section 400 of the Department of Transportation Specifications shall be made where required. There will be no separate payment for cutting cores, filling core holes or corrective work. Payment shall be included in the price bid for asphaltic concrete items or in the overall bid price of the contract. TEST ROLLING: Prior to placing any base course the subgrade shall be test rolled on six feet centers using a loaded dump truck or other equipment approved by the Engineer. TRAFFIC CONTROL: The Contractor shall provide construction signs in accordance with requirements of "Manual on Uniform Traffic Control Devices for Streets and Highways", current edition with added supplements and special provisions. The attention of the Contractor is specifically directed to Subsection 107.09 of the standard Specifications regarding barricades, danger, warning, and detour signs. All temporary signs, barricades, flashing' lights, striping and any other traffic control devices required during construction of this project shall meet all requirements of the M.U.T.C.D., current edition, ,as directed by the Engineer and furnished by the Contractor with payment in accordance with section 150. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic on the travelway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. TRAFFIC CONTROL: The Contractor shall provide construction signs in accordance with requirements of "Manual on Uniform Traffic Control Devices for Streets and Highways", current edition with added supplements and special provisions. G-12 I I I I I I I I I I I I I I I I I I I The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard Specifications regarding barricades, danger, warning, and detours signs. All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction of this project shall meet all requirements of the M. U.T.C.D., current edition, as directed by the Engineer and be furnished by the Contractor with payment in accordance with section 150. All traffic signs shown are minimum. required by the Engineer with payment appropriate items. other signs may be included under the All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and Specifications. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic upon and along the highway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be ma.intained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. TRAFFIC CONTROL DEVICES: The Contractor shall provide all temporary traffic control devices needed to safely direct traffic through the construction area. All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and Specifications. THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS: Georgia Power Company Post Office Box 488 Augusta, Georgia 30904 Telephone (706)724-0892 Attention: Michael O'Meara Georgia Natural Gas Company Post Office Box 1426 Augusta, Georgia 30913 Telephone (706)722-7791 Southern Bell Telephone 3841 Wrightsboro Road Augusta, Georgia 30909 Telephone (706)828-8500 Attention: Bert Neese Jones Intercable, Inc. 1424 Monte Sano Avenue Augusta, Georgia 30904 Telephone (706)736-6515 Urban Services Water & Sewer 2760 Peach Orchard Road Augusta, Georgia 30906 Telephone (706)796-5000 Jefferson E.M.C. Post Office Box 157 Hephzibah, Georgia 30815 Telephone (706)592-4531 G-13 I I I I I I I I I I I I I I I I I I I UTILITIES: All utility facilities which are in conflict with construction, not covered as specific items in the detailed estimate, are to be removed and relocated to clear construction by the respective owners, unless added later to the contract as a supplemental item. All "above ground" utility structures will be located as near as possible to the right-of-way line. The Contractor will not be paid for expense caused by utility facilities, other items not being removed or construction in advance of his work. any delays or extra obstructions or any relocated to clear All known utility facilities are shown schematically on highway plans, and not necessarily accurate in location as to plan or elevation. utility facilities such as service lines or unknown facilities not shown on the plans will not relieve the Contractor of his responsibility under this requirement except as noted below. "Existing Utility Facilities" means any utility facility that exists on the highway project in its original, relocated or newly installed position. other than service lines from street mains to the abutting property the Contractor will not be held responsible for the cost of repairs to damaged underground utility facilities when such facilities are not shown on the plans and their existence is unknown to the Contractor prior to the damage occurring, providing the Engineer determines the Contractor has otherwise fully complied with the Specifications. The following utility owners have facilities which may conflict with construction of this project: NAME OF UTILITY OWNER TYPE OF FACILITY Georgia Power Company Georgia Natural Gas company Jones Cable T.V. Southern Bell Telephone Augusta-Richmond Co. Water and Sewer Power Gas Cable Telephone Water, Sewer The Contractor shall use the one-call center telephone number 1-800-282-7411 for the purposes of coordinating the marking of underground utilities. The contractor's:attention is directed to the probability of encountering pr~vate utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and ,underground telephone cables that either are obstructions to the prosecution of the work and need to be moved .out of the, way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature will be handled by the utility owner. G-14 I I I I I I I I I I I I I I I I I I I UTILITY ACCOMMODATION POLICY: In so far as possible work shall be scheduled so that open excavations 'will not be left overnight. Where trenches, pits or other excavations are within the clear roadside areas and cannot be backfilled before leaving the job site, they shall be covered 'by timbers or metal plates and protected by reflectorized anq/or lighted barricades as appropriate and as directed by the Engineer. Barricades sufficient to prevent a person from falling into an excavated or work area must be erected in areas where these conditions exist. G-15 I I I- I... I I I I I I I I I I I 1.- 1- 1-- 1- DEPARTMENr OF TRANSPORTATION STATE OF GEORGIA - SPECIAL PROVISION SECTION 150- TRAFFIC CONTROL August 28, 1995 First Use: October 20, 1995 Modification of Special Provision Section 150 - Traffic Control (Rev. June 21, 1994) Retain Section 150 as written and add the following: For this project, all references to flags on construction warning signs in the Standard Construction Details listed below are deleted except for signs which are mounted at less than seven (7') feet in height (portable signs). Standard Construction Details · Typical By-Pass Detour for Two-Lane Highway · Typical Detour Across Median · Transition of 4-Lane E>ivided Highway to 2-Lane Highway · Traffic Control General Notes, Standard Legend, Miscellaneous Details In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated September 3, 1993. 150.02 WORK ZONES: Delete "Work Zones" and substitute: Temporary Traffic Control Zones. 150.02. 8.2.: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200 feet in advance of the temporary gore, and 10 feet for the first 100 feet ofthe temporary gore. 150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written and add second paragraph. Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected by guardrail, portable barner, impact attenuator or other type of positive barrier protection. Unprotected posts shall meet the breakaway requirements of the "1985 AASHTO Standard Specifications for Struct~ral Supports for Highway Signs, Luminaries and Traffic Signals". Unprotected post splices will not be permitted any higher than four inches above the ground line to lessen the possibility of'affecting the undercarriage of a vehicle. 150.03.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF WARNING FLAGS. Delete first sentence of second paragraph and substitute: Construction warning signs which are mounted at less than seven feet in height (portable signs) shall have two 18 inch x 18 inch fluoresfent red-orange or orange-red warning flags mounted on each sign. TC-/ I I I" I I I 1_. I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA - 150.04.E.2.a.2.: Retain as written and add: In lane shift. areas skip lines are not allowed. Solid lines are required. 150.04. E.2.b.1.: Retain as written and add: In lane shift. areas skip lines are not allowed. Solid lines are required. 150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type 11 (eleven). 150.10 PAYMENT: Item No. 641 - Delete reference to Type 9 and substitute Type 11 (eleven). SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL June 22, 1994 First Use: July 24, 1994 Modification of Standard Specifications, 1993 Edition Retain Section 150 as written and add the following: For this project, all references in the Standard Construction Details listed below to Type I Barricades, Type II Barricades, Type "A" flaShing-lights and Type "C" steady bum lights are deleted, except that Type "C"lights will be required for tapers in nighttime lane closures. Standard Construction Details · Typical By-Pass Detour for Two-Lane Highway · Typical Detour Across Median · Transition of 4-Lane Divided Highway to 2-Lane Highway · Traffic Control General Notes, Standard Legend, Miscellaneous Details In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTeD, Revision 3, dated September 3, 1993. Detail "A" as shown on Georgia S~dard 4960 is deleted. SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL Rev. June 21, 1994 First Use: July 24, 1994 Rev.: August 16, 1994 Modification of the Standard Specifications, Current Edition Delete Section 150 as written and,substitute the following: 150.01 DESCRIPTION: This sectiQn as supplemented by the Plans, Specifications, and MUTCD shall be considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic control devices and shall include flagging and other means for guidance and protection of vehicular and -rc-z-' I I I 1:-- I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA -- pedestrian traffic through the Work. Zone. This Work shall include both maintaining existing devices (excluding Traffic Signals) and installing additional devices as necessary in construction work zones. When any provisions of this Specification or the Plans do not meet the minimum requirements of the Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration of the project. A The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor (WTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's traffic control responsibilities shall have priority over all other assigned duties. As the representative of the Contractor, the WTCS shall have full authority to act on behalf of the Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in safe traffic control practices in accordance with Part VI of the MUTeD. In addition to the WTCS all others making decisions regarding traffic control must meet the training requirements of Part VI of the MUTCD. On projects where traffic control duties will not require full time supervision, the Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as satisfactory results are obtained. The WTCS shall have a copy of the MUTCD on the job site. Copies of current MUTCD may be obtained from: U.S. Government Printing Office Superintendent of Documents Mail Stop: SSGP Washington, D.C. 20402-9328 The WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with access to all personnel, materials and equipment necessary to respond effectively to an emergency situation within forty-five (45) minutes of notification of the emergency. The WTCS shall supervise the;initial installation of traffic control devices which will be reviewed by the Engineer prior to the beginning of construction. Modifications to traffic control devices as required by sequence of operations or staged construction must be reviewed by the WTCS. The WTCS shall regularly perform inspections to ensure that traffic control is maintained. B. All traffic control devices used during the construction of a project shall meet the Standards utilized in the MUTeD, and shall comply with the requirements of these Specifications, Project Plans, and Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09. C. All reflectorization for construction (black on orange) signs, object markers, and channelization devices shall meet the, requirements of Section 913, Type II or III unless otherwise specified. All other signs shall meet the requirements of Type I unless otherwise specified. D. No work shall be started on any project phase until the appropriate traffic control devices have been placed in accordance with Project requirements. Changes to traffic flow shall not commence unless all labor, materials, and equipment necessary to make the changes are available on the Project. E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation, sequence of work and methods of providing for the safe passage of vehicular and pedestrian traffic befol e it is placed in operatipn. The proposed plan of operation should supplement the approved traffic control plan. Any major changes to the approved traffic control plan, proposed by the Contractor, are to be submitted to the Department for approval in accordance with Subsection 104.03 of the Standard Specifications. "/C'-3 I I It. 1,_. I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Some additional traffic control details will be required prior to any major shifts of traffic. The traffic control details shall include, but not be limited to, the fonowing: 1. A detailed drawing showing traffic location and laneage for each step of the change. 2. The location, size, and message of all signs required by the MUTeD, Plans, Special Provisions, and other signs as required to fit conditions. 3. The method to be used in, and the limits of, the obliteration of conflicting lines and markings. 4. Type, location, and extent of new lines and markings. 6. Horizontal and vertical alignment and superelevation rates for detours, including cross section and profile grades along each edge of existing pavement. S. Drainage details for temporary and permanent alignments. 7. Location, length, and/or spacing of channelization and protective devices (temporary barrier, guardrail, barricades, etc.) 8. Starting time, duration and date of planned change. 9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing workforce, materials, and equipment necessary to accomplish the proposed work. This will be the minimum resource allocation required in order to start the work. The above details shall be submitted to the Engineer for approval at least 14 days prior to the anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has been approved by the Engineer prior to commencement of the physical shift.. All preparatory work relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the designated starting time. The Engineer and the Contractor's representative will verify that all conditions have been met prior to the Contractor obtaining materials for the actual traffic shift. F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be maintained in accordance with Subsection 104.05 throughout the construction period. All unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic control devices shall be remo;ved, placed or covered so as not to be visible to traffic. If traffic control devices are left in place for more than ten days after completion of the Work, the Department shall , have the right to remove such, devices, claim possession thereof, and deduct the cost of such removal from any monies due, or which may become due, the Contractor. G. The Department reserves the right to restrict construction operations when, in the opinion of the Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before, on, or after holidays or other days in which unusual traffic conditions exist, including threatening or inclement weather. 150.02 WORK ZONES: A. In addition to the other provi~ions contained herein, work zone traffic control shall be accomplished using the follOwing means and materials: 1. Portable advance wamirig signs as required by the contract or meeting the requirements of the MUTCD and Sub-Sectio~ 150.03. 2. Portable sequential or flashing arrow panels as shown in the Plans or Specifications for use on Interstate or multi-lane highway lane closure only, shall be a minimum size of 48" high by 9S" -rc-~ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum legibility distance is that distance at which the arrow panel can be comprehended by an observer on a sunny day, or clear night Arrow panels shall be equipped with automatic dimming features for use during hours of darkness. The arrow panels shall also meet the requirements as shown in the MUTeD. 'The seque~tial or flashing arrow panels shall not be used for lane closures on two. lane, two-way highways when traffic is restricted to one-lane operations in which case, appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient. 3. Portable changeable message signs meeting the requirements of Section 632 and the MUTCD. 4. Channelization devices meeting the standards of the MUTCD and Subsection 150.05. 5. Precast concrete barrier meeting the requirements of Section 622. 6. Temporary traffic signals meeting the requirements of Section 647. 7. Pavement'marking materials complying with Subsection 150.04.A. B. LANE CLOSURES: ' 1. All lane closures shall have prior approval of the Engineer. Lane closures that require same direction traffic to be split around the Work Area will not be approved for roadways with posted speeds of 35 mph Or greater, excluding turn lanes. 2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the entrance and exit ramps shall have channelization devices placed on both sides of the ramp. The temporary ramp taper lenJith shall be greater than, or equal to, the existing taper length. Interim EXIT gore signs shall be placed at the ramp divergence. Channelization device spacing in the first 100 feet of the temporary gore shall be 25 feet. 3. Termination Area: The transition to normal or full width highway at the end of a lane closure shall be a maximum of 150 feet. 4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07, the Contractor shall remove all signs, lane closure markings, and devices immediately when lane closure work is completed or temporarily suspended for any length of time or as directed by the Engineer. C. TRAFFIC PACING METHOp: 1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the Contractor up to ten (10) minutes maximum to work in or above all lanes of traffic for the following purposes: a. Placing bridge members or other bridge work. b. Placing overhead sign ,structures. c. Other work items requiring interruption of traffic. The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for each direction of pacing. The police officer, Engineer, and flaggers at ramps shall be provided with a radio which will provide continuous contact with the Contractor. TC-,,:) I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA =-- When ready to start the work activity, the police vehicle will pull into the travel lanes and act as a pilot vehicle slowing the traffi~ thereby providing a gap in traffic allowing the Contractor to perform the Work. Any on-ramps betw~en the pace and the work area shall be blocked during pacing of traffic, with a flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be opened after the police vehicle has passed. Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph non-interstate. The ContractOr shall provide a vehicle to proceed in front of the police vehicle and behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared the area. Traffic will not be permitted to stop during pacing except in extreme cases as approved by the Engineer. 2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72 inch) with a Type ''B'' flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY" (See Detail 150-A). A portable changeable message sign may be used in lieu of the W -special sign. On divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted at the sign, and upon notice that the traffic is to be paced shall turn on the flashing light and reveal the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered or removed. W-special signs are reflectorized black on orange, Series "C" letters and border of the size specified. /c-~ I IL I~- I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 7z- TYPE ... 'LASNllIC L ICNT Elf TlUFF'lC SIDE 1- MMeI.. 1''1- 101II[11 S. IUDIUS 53. , 1.'- ,- .'.'.~~!~~~~ to. ,. . IZ- ., to. ~~@~~~ U-," : 42- "r-'5 ~OO~~[D) ~~@WJ] ..l~J~~! w t...I. :: .L.':I U. 1Z- SER. .C. '.- U. 1'. SER. .C. ,- 1'. I Z. SlIlI. .C. ---.. I. ,- KR. -C- ,. 1-Sl'EC: I AL S I GIt I Tl..-cIWrT .-csT WCUCTtD I SIGN SHALL MAVE lua LECl:HD AliI) IOaIt CII ORANG[ IIlHtclDRlnD BAClGRElJND DETA'lL 150-A D. The Contractor's trncks and other vehicles shall travel in the direction of normal roadway traffic unless separated by a positive barrier, or when construction activity necessitates otherwise, and shall not reverse direction except at intersections, interchanges, or approved temporary crossings. E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not interfere with normal traffic operations or adjacent properties. F. Existing street lighting shall remain lighted as long as practical and until removal is approved by the Engineer. G. Adequate temporary lighting shall be provided at all nighttime work sites where workers will be immediately adjacent to traffic. H. For their own protection, workers in or adjacent to traffic during nighttime operation shall wear reflectorized vests. / t:'-7 I I, I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 1. The parking of Contractor's and/or workers personal vehicles within the work area or adjacent to traffic is prohibited. J. The Worksite Traffic Control ~upervisor (WTCS) shall monitor the work to ensure that all the rocks, boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are kept clear ofilie travel way. These items shall be stored in a location, in so far as practical, where they will not be subject to a vehicle running ofT the road and striking them. K. All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate changes to existing walkways, temporary walkways shall be provided and maintained, with appropriate signs as necessary, to allow safe passage of pedestrian traffic. 150.03 SIGNS: I. I I I I I I I I I I I I I A When required for proper traffic control during construction ofilie project, all existing guide, warning, and regulatory signs shall be ~aintained by the Contractor in accordance with these Specifications. 'Existing street name signs shall be maintained at street intersections. All existing illuminated signs shall remain lighted and be maintained by the Contractor. B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered so as not to be visible to traffiC! All construction warning signs shall be removed within seven calendar days after time charges are stopped or pay items are complete. Subsequent punch-list or other work to be performed shall be accomplished utilizing temporary construction warning signs that shall be removed daily. C. The Contractor shall not remove any existing signs and supports without prior approval from the Engineer. All existing signs and supports which are to be removed shall be stored and protected as directed by the Engineer, and become the property of the Department unless otherwise specified in the contract documents. D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed, reused and maintained by 'the Contractor in accordance with the MUTCD, the Plans, Special Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractor. The bottom of all interim signs shall be at least seven feet above the level of pavement edge. E. Existing specialg-Uide signs on the Project shall be maintained until conditions require a change in location or legend content. When change is required, existing signs shall be modified and continued in use if the required modification can be made within existing sign borders using design requirements Oegend, letter, size, spacing, border, etc.) equal to that 'of the existing signs, or of Subsection 150.03.E.5. Differing legend designs shall not be mixed in the same sign. 1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that are designed with a message content Oegend) that applies to a particular roadway location. When an existing special guide sign is in conflict with work to be performed, the Contractor shall remove the conflicting sign and reset it in a new, non-conflicting location which has been approved by the Engineer. 2. INTERIM SPECIAL GqIDE SIGNS: When it is not possible to utilize existing signs, either in place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new interim special guide signs in accordance with the Plans or as directed by the Engineer. 3. INTERIM OVERHEAD' GUIDE SIGN STRUCTURES: Interim overhead special guide sign structures are not required to be lighted unless specifically required by the Plans. If lighting is required the sign shall be lighted as soon as erected and shall remain lighted, during the hours of darkness, until the interim sign is no longer required. The Contractor shall notify the Power Company at least thirty (30) days prior to desiring connection to the power source. -rC-8 I, 11 I' I 1 I: I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA - 4. The installation of new' permanent special guide signs and the permanent modification or resetting of existing special guide signs, when included in the contract, shall be accomplished as . soon as practical to minimize the use of interim special guide signs. Iflighting is required by the Plans, all new permanent overhead special guide signs shall be lighted as soon as erected. 5. Interim special guide signs that maybe required in addition to, or a replacement for, existing expressway and freeway:(interstate) signs must be designed and fabricated in compliance with the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways" and Part 2F "Guide Signs: Freeways" of the MUTCD, except that the minimum size of all letters and numerals in the names of places, streets and highways on all signs shall be 16 inches Series ''E'' initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48 inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the exit road name or route shield shall be placed on the exit gore sign. F. MATERIALS - INTERIM SIGNS: 1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green or silver paint may be used in lieu of galvanization for steel posts or structural shape posts. Wood posts are not required to be pressure treated. 2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1 and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardless of the sign type used. Alternative sign blaclt materials (composites, poly carbonates, fiberglass reinforced plastics, recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research for use as interim construction signs before these materials are allowed to be incorporated into the work. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum. Plywood blanks or panels will not be permitted. G. All existing, interim and new permanent signs shall be installed so as to be completely visible fOT an advance distance in compHance with the MUTCD. Limbs, brush, construction equipment and materials shall be kept clear'of the driver's line of sight to the signs. H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the MUTeD and shall include a series of at least three advance road construction (W20-1) signs placed at the termini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET, AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On-ramps and at grade intersecting roadways shall be signed with a minimum of one ROAD WORK AHEAD sign. All construction warning si~ shall have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each includmg the project construction signs (G20-1 and G20-2A..) Project mileage indicated on the G2:0-1 sign shall be the actual project mileage rounded up to the nearest whole mile. All construction warning signs on divided highways shall be double indicated (i.e., on the left and right sides of the roadway.) I. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where the lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable support. Vehicle mounted panels shall be provided with remote controls. Minimum mounting height shall be seven feet above the roadway to the bottom ofthe panel, except on vehicle mounted panels which should be as high as practical. J. The portable changeable message sign, when specified, shall be placed ahead of construction activities and shall meet the requirements of Section 632 and the MUTeD. "/c- '7 I I I I I I I I I I I I I I I I I I ~I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA K. The flashing beacon assembly,iwhen specified, shall be used in corijunctionwith construction warning signs, regulatory, or guide signs to inform traffic of special road conditions which require additional driver attention. The flashing beacon assembly shall be installed in accordance with the requirements of Section 647. 150.04 PAVEMENT MARKINGS A Generally, full pattern pavement markings in accordance with Section 652 and in conformance with Section 3A and 3B, except 3,B-3 and 3B-5, of the MUTCD are required on all courses before the roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E. During construction and maintenance activities on all highways open to traffic, both existing markings and markings applied under this S~on shall be fully maintained until Final Acceptance. If the pavement markings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering, or construction activities, they shall be restored immediately. On resurfacing projects pavement markings shall be provided on all surfaces that are placed over existing markings. On widening and reconstruction projects (whete the lane configuration is altered from the pre-construction layout) pavement markings will be as required by the Plans or the Engineer. On new construction projects pavement marking plans will be provided. B. MATERIALS: All traffic stripiDg applied under this Section shall be a minimum four inches in width and shall conform to the reqtiirements of Section 652, except as modified herein. Raised pavement markers (RPMs) shall meet the requirements of Section 654. Markings on the final surface course which must be removed shall be a removable type. The Contractor will be permitted to use paint, thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise directed by the Engineer. Partial (skip) reflectorization (i.e. reflectorizing only a portion of a stripe) will not be allowed. C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of markings in the final lane cohfiguration at the earliest possible stage. Inappropriate or conflicting existing pavement markings shall be removed. When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall be removed prior to, during, or immediately after any change so as to present the least interference with traffic. Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the project for immediate use. If marking removal equipment failures occur, the equipment shall be repaired or replaced (inclu,ding leasing equipment if necessary), so that the removal can be accomplished without delay. I Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course, when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid for only once and further traffic shifts in the same area shall be accomplished with removable markings. Only the minimum asphaltic concrete thickness required to cover lines (generally 60 IbJsq. yd. of Asphaltic Concrete "II") will be allowed. Excessive build-up will not be permitted. When an overlay for the sole purpose of,eliminating conflicting markings is not allowed, the markings no longer applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting pavement markings by overpainting with paint or liqll:d asphalt is not acceptable. D. Raised pavement markers (RPMs) are required as listed below for all asphaltic concrete pavements before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or fmal surface and is open to traffic, one calendar day is allowed for cleaning and drying before the installation of RPMs is required. TC-/CJ I. I I I I- I_ I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 1. On Interstate and limited access highways under construCtion, excluding projects consisting primarily of asphalt resurfacing items, retro-reflective raised pavement markers (RPMs) shall be placed and/or maintained on intermediate pavement surfaces opened to traffic as follows: a. SUPPLEMENTING LANE LINES: 80 foot centers on skip lines with curvature less than three degrees. (Includes tangents.) 40 foot centers on solid lines and all lines with curvature between three degrees and six degrees. 20 foot centers on curves over six degrees. 20 foot centers on lane transitions or shifts. b. SUPPLEMENTING RAMP GORE LINES: 20 foot centers, two e~ch, placed side by side. c. OTHER LINES: As shown on the plans or directed by the Engineer. 2. On other highways under construction RPMs shall be used and/or maintained on intermediate pavement surfaces as follows: a. SUPPLEMENTING LANE LINES AND SOLID LINES: 40 foot centers except on lane shifts. (When required in the Plans or Contract.) 20 foot centers on lane shifts. (Required in all cases.) b. SUPPLEMENTING DOUBLE SOLID LINES: 40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans or Contract.) 20 foot centers on lane shifts. (Required in all cases.) RPMs are na.t allowed on right edge lines. E. EXCEPTIONS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern ofmarldngs are permitted as noted below, however, full pattern pavement markings are required for the completed project. 1. TWO-LANE, TWO-WAY ROADWAYS a. SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes shall be at least four' feet long with a maximum gap of 36 feet. On curves greater than six degrees, a two-foot s~ripe with a maximum gap of 18 feet shall be used. In lane shift areas skip lines will not be allowed. Solid Lines will be 'required. Interim skip lines will be permitted for a period not to exceed 14 calendar days. Interim skip lines must be replaced with markings in full compliance with Section 652 prior to expiration of the 14 calendar day period. /c-// 1_-- I: I I I DEPARTMENr OF TRANSPORTATION STATE OF GEORGIA, Interim raised paverhertt markers may be substituted for the interim skip (broken) stripes. Ifraised pavement mkkerS are substituted for the four foot interim skip stripe, four markers spaced at equal interVals over a four feet distance will be required. No separate payment will be made if the interim raised pavement markers are substituted for interim skip lines. I I I I I I I I I I H I I I Interim raised pavement markers shall be retro-reflective, shall be the same color as the pavement markers for which they are substituted, and shall be visible during daytime. The type of interim marker and method of attachment to the pavement must be approved by the Office of Materials and Research but in no case will the markers be attached by the use of nails. The interim raised p~vement markers must be maintained until the full pattern pavement markings are app1ie~. At the time full pattern pavement markings are applied the interim raised markers shaltbe removed in a manner that will not interfere with application of the full pattern paveme~t markings. b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three I calendar days wher~ skip centerlines are in place, no-passing zones may be identified by using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the beginning and at intervals not to exceed 1/2 mile within each no-passing zone. A post or portable mounted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be placed at the end of each no-passing zone. Post mounted signs shall be placed in accordance with the MUTeD. Portable signs must have a minimum vertical height of three feet above the pavement surface to the bottom of the sign and be secured in such a manner as to not be easily blown over or misaligned. c. EDGELINES: (1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate surfaces (including asPhaltic concrete leveling for bituminous surface treatment paving) that are in use for a period ofless than 60 calendar days except at bridge approaches, on lane transitions, lane shiftS, and in such other areas as determined by the Engineer. On the final surface, edgelines must be placed within 30 calendar days of the time that the final surface was placed. (2) All Other Types o~ Pavement: Edgelines will not be required on intermediate surfaces that are in use for a period of less than 30 calendar days except at bridge approaches, on lane transitions, lane shift.s,and in such other areas as determined by the Engineer. On the final surface, edgelines must be placed within 14 calendar days of the time that the surface was placed. d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols, words and other similar markings shall be placed on final surfaces conforming to Section 652 within 14 calendar days of completion of the final surface. On intermediate surfaces these markings will generally not be required unless specified by the Engineer because of special conditions or when the intermediate surface will be in use for more than 45 calendar days. 2. MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S) FOUR FEET OR LESS ' a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE) (1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers shall be restored before nightfall. TC-/Z- I. I I I I I I I I I I I I I I I I R I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA ~ (2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.1.a. may be used for periods not to exceed three calendar days. (3) Edgelines .. Edgelines shall be placed on intermediate and final surfaces within three calendar days of obliteration. b. DMDED mGHWAYS (GRASS OR RAISED MEDIAN) (1) Lanelines - Full pattern skip stripe shall be restored before nightfall. (2) CenterlinelEdgelin~ - Solid lines shall be placed on intermediate and final surfaces within three calendar days of obliteration. c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d. 3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER THAN FOUR FEET a. Same as Subsection 150.04.E.2. except as noted in (b) below. b. EDGE LINES - (1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and fmal surfaces prior to opening to traffic. (2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to traffic no later than one calendar day after work is completed on a section of roadway. All water and residue shall be removed prior to daily striping. F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall furnish layout, clean as necessary, and preline the s~rface for the placement of pavement markings applied under this Section. All existing marking, tape on final surfaces shall be removed prior to placement of final markings. Pavement markings shall re-establish No-Passing Zones in the locations and configuration that existed prior to construction. Efuting No-Passing Zones shall be clearly identified as to location prior to construction by staking or: erection of DO NOT PASS and PASS WITH CARE signs. On new location projects and on projects where either horizontal or vertical alignments have been modified, the location of No-Passing Zones will be identified by the Engineer. G. MOBILE OPERATIONS: when pavement markings (centerlines, lane lines, and edge lines) are applied in a continuous operation by moving vehicles and equipment, the following minimum equipment and warning devices shall be required in addition to the requirements of the MUTeD: 1. A lead vehicle is required1for two-way traffic conditions and shall have an approved sequential or flashing arrow panel moUnted so as to be easily visible to oncoming traffic. A lead vehicle is not required for low volume off-system routes and one-way traffic applications. . , 2. The work vehicle applying ~kings shall have a sequential or flashing arrow panel mounted on the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel shall be mounted so as to be easily visible to oncoming traffic. The work vehicle shall follow directly behind the lead vehicle. 3. The work vehicle placing cones shall follow directly behind the work vehicle applying the markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the rear. -/ '"C-/3 I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I , 4. For multi-lane roadways ,a protection vehicle shall follow the above vehicles and the protection vehicle shall also display a prominent sign with the legend PASS ON LEFT (RIGHT). On interstate and limited access roadways, the protection vehicle shall be equipped with a truck mounted attenuator (TMA) that is certified for impacts not less than 45 mph in accordance with NCHRP 230. 5. All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right- side rear mounted flashing yellow lights. 150.05 CHANNELIZATION A GENERAL: Channelization should clearly delineate the travel way through the work zone and alert drivers and pedestrians to: conditions created by work activities in or near the travelway. Channelization shall be done:in accordance with the plans and specifications, the MUTCD, and the following requirements. 1. Types of Devices Permitted for Channelization in Construction Work Zones: a. DRUMS: (1) DESIGN: Drums shall meet the minimum requirement of the MUTeD and shall be reflectorized as reqUired in Subsection l50.01.C. (2) APPLICATION: DTums shall be used as the required channelizing device to delineate the full length of a lane closure, shift, or encroachment, except as modified by this Subsection. (a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all transition tapers. rtte minimum length of the approach transition taper for a lane closure, shift, or encroachment for highways with posted speed of 45'mph or greater shall be equal I to the lane width,oflateral shift (Ft,) x the posted speed limit (Mph), (L = WS), but not less than 150 feet.:For multiple lane closures, only one lane may be closed per taper with a minimum tangent length of 2L between tapers. The length of a closed lane, excluding the transition tap~r, will be limited to two mile, unless otherwise approved or directed by the Engineer. Diums shall be placed the full length of the taper spaced at maximum intervals in feet equal to the numerical speed limit (EXAMPLE: 55 Mph Speed Limit = 55 feet maximum spacing). For taper lengths on urban, residential or other streets where the posted speed is 40 mph or less, the minimUm length of the approach transition taper may be computed using the formula L = WS2/60. Greater taper length shall be used when required for individual situations. , Drums with steady burning lights, for the length of the taper only, are required if the condition exists into the night. (b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for various roadside work conditions except as modified by Subsection 150.06. Spacing shall be used for situations meeting any of the conditions listed as follows: (1) 50 FOOT SPACING MAXIMUM: (a) For difference in elevation exceeding two inches. <h) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail l50-E.. ' -rc-/? I- I.. I I I I I I I I I I I I I I I. I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (2) 100 FOOT SPACING MAXIMUM: (a) For difference in elevation of two inches or less. (b) F1ush areas where equipment or workers are within ten feet of the travel lane. (3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane. (a) For paved areas eight feet or greater in width that are paved flush with a standard 'width travel lane. (b) For disturbed shoulder areas not completed to typical section that are flush to the travel lane and considered a usable shoulder. When theiappropriate signs are posted advising of conditions such as soft or low shoulder, drums may be removed after shoulders are completed to typical section and grassed and after guardrail or other safety devices have been installed. b. VERTICAL PANELS: (1) DESIGN: All vertical panels shall have a minimum of270 square inches ofretro-reflective area facing the traffic and shall meet the requirements of the MUTCD. (2) APPLICATION: Lane encroachment by the drum on the travel way should permit a remaining lane width often feet. When encroachment reduces the travel way to less than ten feet, vertical panels shall be used to restore the travel way to ten feet or greater. No other application of vertical panels will be permitted. c. CONES: (1) DESIGN: All cones;shall be a minimum of28 inches in height regardless of application and shall meet the requirement of the MUTCD. (2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime work will not be permitted. d. BARRICADES: (1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III barricades shall meet'the minimum requirements of the MUTeD and shall be reflectorized as required in Subsec~ion 150.01.C. (2) APPLICATION: Type III barricades shall be placed as required by the plans, the Standards, and as directed by the Engineer. e. WARNING LIGHTS: (1) DESIGN: All warning lights shall meet the requirements of the MUTeD. (2) APPLICATION: (a) Type A low-intensity flashing lights shall be used as shown in the Plans, the Standards, and as directed by the Engineer. F1ashing lights are not required for advance warning signs in Subsection 150.03.H. -rC-/5 I I: 1:_- Ii I I I I I I I I I I I I a I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (b) Type C Steady-Bum lights shall be used ori all tapers when the condition existl into the night Steady-bum lights shall also be used as shown in the Plans, the Standards, and as directed by the Engineer. f. PORTABLE BARRIERS: (1) DESIGN: Portable Barriers shall meet the requirements of Section 622 - PRECAST CONCRETE BARRIER. (2) APPLICATION: ' Portable Barriers shall be placed as required by the plans. standards, and as directed by the 'Engineer. When Portable Barrier is located 20 feet or less from a travel lane, yellow reflectors shall be fixed to the top of the barrier at intervals not greater than 50 feet and shall be niounted approximately two inches above the barrier. The reflectors shall be either 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels, or 8" diameter center-mounted sealed prismatic reflex reflectors housed in an aluminum backing with a single grommeted hole. Approach end of Portable Barrier shall be flared or protected by an impact attenuator (crash cushion) or other approved treatment in accordance with Georgia Standard 4960, Construction Details and Standard Specifications. On interstate or other controlled access highways where lane shifts or crossovers cause opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as a separator. B. TEMPORARY SAND LOADED ATTENUATOR MODULES 1. DESCRIPTION: This W:ork consists of the furnishing, installation, maintenance, relocation, reuse as required, and removal of Temporary Sand Loaded Attenuator Modules for traffic impact attenuators. 2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Subsection 648.02 for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules _ Stabilizer Drums with 'Wine Glass shaped Inner Containers. 3. CONSTRUCTION: Temporary Sand Loaded Attenuator Module installation shall conform to the requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locations designated by the Engineer. C. PORTABLE IMPACT ATI'ENUATORS: 1. DESCRIPTION: This' work consists of the furnishing (including spare parts), installation, maintenance, relocation, reuse as required, and removal of Portable Impact Attenuators. 2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Section 650 for Type A Portable Impact Attenuators. 3. CONSTRUCTION: Portable Impact Attenuator installation shall conform to the requirements of Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locations designated by the Engineer, and/or shown on the plans. I D. TEMPORARY GUARDRAIL ANCHORAGE - Type 11: 1. DESCRIPTION: This _ork consists of the furnishing, installation, maintenance and removal of Temporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail end treatment. TC-/~ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 2. MATERIALS: Materials used in the Temporary Guardrail Anchorage - Type 11 shall meet the requirements ofSubsection64L02 of the Standard Specifications and current Georgia Standards and may be new or used. Materials salvaged from the Project which meet the requirements of Standards may be utilized if available. The use of any salvaged materials will require prior approval of the Engineer. - - . 3. CONSTRUCTION: Inst~llation of the Temporary Guardrail Anchorage - Type 11 shall conform to the requirements of: the Plans, current Georgia Standards and Subsection 641.03 of the Standard Specifications. Installation shall also include sufficient additional guardrail and appurtenances to effect the transition and connection to Temporary Concrete Barrier as required by the details in Georgia Standard 4960. 150.06 EXCAVATION ADJACENT TO A TRAVEL LANE: Construction work involving trenching adjacent to a travel way shall not begin Until the Contractor is able to continuously place the required typical section to within two inches of the existing pavement elevation, or heal the remaining difference in elevation to the traveled way as shown in Detail150-E. I Channelization devices and placeinent during the construction period shall conform to the requirements of Subsection 150.05 and Details l50-B, l50-C, l50-D, and l50-E shown herein. In addition to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT) (RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream of the point where channelizati~n devices are erected on the paving edge. A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-offs in elevation of more than two inches between surfaces carrying, or adjacent to, traffic will not be allowed for more than 24 hours. However, where the pontractor has demonstrated the ability to continuously excavate and backfill in a proficient manner, a single length of excavated area not to exceed 1000 feet may be left open as a start up area for periods not to exceed 48 hours. B. ASPHALT BASES/BINDERS: Drop-offs in elevation of more than two inches between surfaces carrying or adjacent to traffic will not be allowed for more than 48 hours. C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work adjacent to the traveled way~hich involves these types of bases shall be healed within 48 hours after the curing period is complete for each section placed. During the placement period, traffic control devices will be in accordanc~ with Subsection 150.05 and Detail 150-B. D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRA VELW A Y: Work such as drainage structures, utility facilities, or any other work which results in a drop-off adjacent to the travel way shall be performed: expeditiously so as to minimize the exposure to the hazard. As soon as practical, the excavation shall be backfilled to the minimum requirements of Detall150-E. In no case will the drop-offbe allowed ~ exist more than five calendar days. This may require stage construction, such as plating and backfilling the incomplete work. TC- /7 I I I..: I. I I I. I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA i NOTE, D...um. ....QUlred: for thl. locotlon,sooced at 50 F'T. Intervol.. If the trov.led way :wldth r. r.duc.d to I..s than 10 feet by the us. of drums. v.rtlcal pan.l. shall b. used In lI.u of d"'um.. LocatIon of drums when drop-off exceeds <II Inch.s. ----------\ ----~--------\ 1( t NEW CONSTRUCTION + TRAVEL LANE 'tr--+ , DROP-OFF GREATER THAN 4 INCHES DET AIL 150-8 Drum. spaced at 50 feet Interyols. LocatIon of drums when drop-off Is 2+ Inches to 44 Inche.. -_:.~------\ -----------\ c t NEW CONSTRUCTION + TRAVEL LANE 'tr--+ DRbp-OFF OF Z+ INCHES TO 4 ~CHES DET AIL 150-C -rc-/t? I 1- L I- I I I I I I I I I I I I I' I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Drums spaced at 100 feet Intervals. II( t NEW CON'STRUCTlON Compocted or oded oooreoate.aubbose moterlolor dIrt. NO STEEPER THAN 4:1 ~ location of drums when drop-off Is 2 Inches or less. ~f~:"I- ______~. -----------\ + TRAVEL LANE ~ DRO~-OFF OF 2 INCHES OR LESS DET AIL 150-0 Locotlon of drums ImmedIately after completion of healed section. spaced at SO ft. Intervals. TOP OF DRUM TO BE LEVEL c t NEW CONS T:RUCTION 2 ft. +/- ----------~& -----------\ + TRAVEL LANE 1r-+ HEALED SECTION DET AIL ISO-E TC- /1 I 1- 1-. I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 150.07 FLAGGING AND PILOT CARS: A. F1aggers shall be provided as required tD handle traffic, as specified in the Plans or Special Provisions, and as required by the Engmeer. B. All flaggers shall meet th,e requirements of the MUTCD and must have received training and a certificate upon completiori of the training from a Department approved training program. Failure to provide certified flaggers as required above shall be reason for the Engineer suspending work involving the flagger(s) until the ContractDr provides the certified flagger(s). I I I I I I I I I I I I I I C. F1aggers shall wear high-visibility clothing in oompliance with the MUTeD and shall use a StDp/Slow paddle meeting the requirements of the MUTeD for controlling traffic. The StDp/Slow paddles shall have a shaft length of seven '(7) feet minimum. In addition to the StDp/Slow paddle, a flagger may use a 24 inches square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorize~ stripes on front and back. D. Pilot vehicles shall be proviqed if specified in the Plans or Specifications and meet the requirements of the MUTCD. E. Signs for flagger traffic oontrol shall be placed in advance of the flagging operation in accordance with the MUTeD. In addition tD the signs required by the MUTeD, signs at regular intervals, warning of the presence of the flagger shall be placed beyond the point where traffic can reasonably be expected to stop under the most severe conditions for that day's work. 150.08 ENFORCEMENT: The sare passage of pedestrians and traffic through and around the temporary traffic oontrol zone, while minimizing confusion and disruption to traffic flow, shall have priority over all other Contractor activities. Continued failure of the Contractor tD oomply with the requirements of Section 150 (TRAFFIC CONTROL) will tesult in non-refundable deductions of monies from the Contract as shown in this Subsection for non-performance of Work. Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending all other work on the Project,' except erosion control and traffic control, taking corrective action as specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to the deductions for non-performance of traffic control. -rc-~o I I I I I I I I I I I I I I I I I I 1- DEP ARTMENf OF TRANSPORTATION STATE OF GEORGIA SCHEDULE OF DEDUCTioNS FOR EACH CALENDAR DAY OF DEFICIENCIES OF TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE I I ORIGINAL TOTAL CONTRACT AMOUNT From More Than To and Including Daily Charge $0 $100,000 $100 100,000 1,000,000 250 1,000,000 5,000,000 500 5,000,000 , 20,000,000 750 20,000,000 i 40,000,000 1,000 40,000,000 - 1,500 150.09 MEASUREMENT: A. TRAFFIC CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows: When the first Constroctio'n Report is submitted, a payment of 25 (twenty-five) percent of the Lump Sum price win be made. For each progress payment thereafter, the total of the Project percent romplete shown on the last pay statement plus 25 (twenty-five) percent win be paid Oess previous payments), not to exceed one hundred (100) percent and subject to normal retainage. When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the requirements of Section 150 land the Traffic Control Plan shall be in full force and effect. The cost of romplying with these requir~ments will not be paid for separately, but shall be included in the overall bid submittal. B. SIGNS: When shown as a pay item in the contract, interim special guide signs will be paid for as listed below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid for under Traffic Control Lump Sum or included in the overall bid submitted. 1. Interim ground mounted or interim overhead special guide signs will be measured for payment by the square foot. This payment shall be full compensation for furnishing the signs, including supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting, and final removal from the Project Payment will be made only one time regardless of the number of moves required. 2. Remove and reset existing special guide signs, ground mount or overhead, complete, in place, will be measured for payment per each. Payment will be made only one time regardless of the number of moves required. , 3. Modify special guide signs, ground mount or overhead, will be measured for payment by the square foot. The area measured shall include only that portion of the sign modified. Payment shall include materials, removal from posts or supports when necessary, and remounting as required. -rc-z/ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622. D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured as specified in Section 632. E. TEMPORARY GUARDRAIL:ANCHORAGE, Type 11: Temporary Guardrail Anchorage - Type 11 will be measured by each assembly, complete in place and accepted according to the details shown in the plans, which shall also inc1uge the additional guardrail and appurtenances necessary for transition and connection to Temporary Concrete Barrier. Payment shall include all necessary materials, equipment, labor, site prep~ation, maintenance and removal. F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation - Temporary will be measured as specified in Section 647. G. FLASHING BEACON ASS~MBLY: Flashing Beacon Assemblies will be measured as specified in Section 647. H. TEMPORARY, SAND LOADED ATl'ENUATOR MODULES: Each Sand Loaded Attenuator Module of the type specified includes all material components, hardware, incidentals, labor, site preparation and maintenance. Each module will be measured for payment by the drum only once regardless of the number of)ocations installed. Modules to replace those damaged or destroyed by traffic impact will also be measured by the uriit for payment. Upon completion of the project, the modules shall be removed and retained by th~ Contractor. I. PORTABLE IMPACT ATTENUATORS: Each Portable Impact Attenuator will be measured by the unit which shall include all material components, hardware, incidentals, labor, site preparation, and maintenance, including spare parts recommended by the manufacture for repairing minor accident damage. Each unit will be measured only once regardless of the number of locations installed, moves required, or number ofrepai~s necessary because of traffic damage. Upon completion of the project, the units shall be removed ahd retained by the Contractor. J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150. 150.10 PAYMENT: When shown in the Schedule of Items in the Proposal, the following items will be paid for separately. I Item No. 150. Traffic Control.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sum Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile Item No. 160. Traffic Control, Solid Traffic Stripe, Thermoplastic Inch, (Color) ........................... per Linear Mile Item No. 150. Traffic Control, Skip Traffic Stripe, Thermoplastic Inch, (Color) ........................... per Linear Mile I I tem No. 150. Traffic Control, Pavement Arrow with Raised Reflectors ................. per Each Item No. 150. Traffic Control, naised Pavement Markers - All Types. . . . . . . . . . . . . . . . . .. per Each Item No. 150. Interim Ground Mounted Special Guide Signs. . . . . . . . . . . . . . . . . . .. per Square Foot I Item No. 160. Interim Overhead Special Guide Signs.... . ................ .. ... per Square Foot 70:-Z Z I... I Item No. 150. Item No. 150. I Item No. 150. I Item No. 150. I Item No. 150. Item No. 150. I Item No. 150. Item No. 150. I Item No. 622. Item No. 632. I Item No. 641 I Item No. 647. Item No. 647. I Item No. 647. I I I I I I I I I DEPARTMENf OF TRANSPORTATION STATE OF GEORGIA Remove & Reset Existing Special Guide Signs, Ground MO,unt, Complete in Place. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. per Each Remove & Reset, Existing Special Guide Signs, . Overhead,Complete in Place ..................................... Per Each Traffic Control,' Temporary Sand Loaded Attenuator Modules ............ per Each Traffic Control, Portable Impact Attenuator . . . . . . . . . . . . . . . . . . . . . . . . . . " Per Each Traffic Control,Pavement Markers, Words and Symbols... .. . . .. .. per Square Foot Traffic Control"PavementArrow (Painted) With Raised Reflectors. .... . .. per Each Modify Special Guide Sign, Ground Mount. . . . . . . . . . . . . . . . . . . . . " per Square Foot Modify Special Guide Sign, Overhead ........................... per Square Foot Precast Concrete Median Barrier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per Linear Foot Changeable Message Sign, Portable .................................. per Each Temporary Guardrail Anchorage, Type 11 ............................. per Each Traffic Signal Installation, Temp ..................................., Lump Sum Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . .. per Each Flashing Beacon Assembly, Cable Supported. . ~ . . . . . '.' . . . . . . . . . . . . . . . .. per Each -rc - z. 3 I I I ~ I I I I I I I I. I I I II I . I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA CONTRACT 8/1RT ~N' ~# n? r'~L R J)~':Z)jj'3)b'v:E~A24;~?i//i-.fc;.L DO NOT UNSTAPLE THIS BOOKLET.. ..ENTER ALL REQUIRED INFORMATION ---------------------------- EITHER BY HAND OR BY STAMP. DATE OF OPENING NONE CALL ORDER : NONE CONTRACT ID : C31656-97-000-0 PCN PROJECTS AND CONTRACT NO. ------------------------------ 3291629C10000 PRLOP-1502-1(245) C1 COUNTY : RICHMOND CODE: 102450 RICHMOND COUNTY ORIGINAL CC-I I I I I I I I I I I I I I I I I I I I THIS AGREEMENT MADE AND ENTERED INTO THIS TH~ ~DAY OF 19 BY AND BETWEEN THE DEPARTMENT OF TRANSPORTATION PARTY OF THE FIRST PART (HEREINAFTER CALLED THE DEPARTMENT) AND THE COMMISSIONERS OF--- RICHMOND ---COUNTY (HEREINAFTER CALLED THE COUNTY) WIlO HAVE BEEN DULY AUTHORIZED TO .EXECUTE THIS AGREEMENT: WITNESSETH: WHEREAS, THE DEPARTl1ENT ~D THE COUNTY DESIRE THE IMPROVEMENT AND CONSTRUCTION OF A CERTAIN FACILITY AND THE COUNTY DESIRES AND AGREES TO FURNISH AND DELIVER ALL THE MATERIAL AND TO DO AND PERFORM ALL THE WORK AND LABOR FOR SAID PURPOSE. THE PROJECT BEING MORE PARTICULARLY DESCRIBED HEREIN. NOW THEREFORE IN CONSIDERATION OF THE PREMISES, THE MUTUAL COVENANTS HEREIN CONTAINED AND THE SUM OF ONE DOLLAR ($1.00) BY EACH OF THE PARTIES TO THE OTHER IN HAND PAID, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: (1) THE WORK AND MATERIALS SHALL BE IN STRICT AND ENTIRE CONFORMITY WITH THE PROVISIONS'OF THIS CONTRACT AND THE PLANS AND SPECIFICATIONS PREPARED (OR APPROVED) BY THE CHIEF ENGINEER OR HIS AUTHORIZED REPRESENTATIVE THE ORIGINALS OF WHICH ARE ON FILE IN THE OFFICE OF THE CHIEF ENGINEER AND WHICH SAID PLANS AND SPECIFICATIONS ARE HEREBY:MADE PART OF THIS AGREEMENT AS FULLY AND TO THE SAME EFFECT AS IF THE SAME HAD BEEN SET FORTH AT LENGTH IN THE BODY OF THIS AGREEMENT. THIS CONTRACT WILL BE EXECUTED AND CONSTRUCTED IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS, 1993 EDITION AND THE 1997 SUPPLEMENTAL'SPECIFICATION BOOK SPECIAL PROVISIONS INCLUDED IN AND ~~DE A PART OF THIS CONTRACT. (2) IT IS UNDERSTOOD THAT MATERIAL PITS ARE TO BE FURNISHED BY THE COUNTY AT NO COST TO THE DEPARTMENT OF TRANSPORTATION. I , (3) IT IS UNDERSTOOD THAT,THE DEPARTMENT OF TRANSPORTATION WILL NOT PARTICIPATE IN THE COST OF ANY UTILITY FACILITY REMOVAL AND RELOCATIONS NECESSARY IN CONNECTION WITH CONSTRUCTION OF THIS PROJECT, UNLESS OTHERWISE SPECIFIED IN THE CONTRACT. THE (COUNTY/CITY) SHALL BE RESPONSIBLE FOR HANDLING THE ARRANGEMENTS WITH UTILITY OWNERS FOR ANY REMOVAL AND RELOCATIONS NECESSARY. THE (COUNTY/CITY) SHALL GIVE THE UTILITY OWNERS AMPLE 'NOTICE, OF THE IMPENDING CONSTRUCTION, TO ALLOW TIME FOR ENGINEERING AND MATERIAL ORDERS REQUIRED FOR ANY REMOVAL AND RELOCATIONS NECESSARY; ALSO, THE (COUNTY/CITY) AGREES TO CLEAR RIGHTS-OF-WAY OBSTRUCTIONS WITHOUT EXPENSE TO THE DEPARTMENT OF TRANSPORTATION. FOR PURPOSES OF APPLYING PROVISION OF THIS PARAGRAPH, RAILROADS ARE~ONSIDERED UTILITIES. IN ADDITION TO THE FOREGOING, THE (COUNTY/CITY) SHALL OBTAIN APPROVAL OF PLANS M'lD ACQUIRE EASEMENTS OR OTHE~ PROPERTY RIGHTS FROM THE RAILROAD FOR CONSTRUCTION WITHIN RAILROAD PROPERTY/RIGHT OF WAY &~D SHALL PROVIDE FOR THE PROTECTION OF RAIbROAD INTERESTS, INCLUDING FLAGGING AND INSPECTION, AS MAY BE REQUIRED BY THE RAILROAD. (4) IT IS UNDERSTOOD THAT THE QUANTITIES SHOWN ARE APPROXIMATE ONLY AND SUBJECT EITHER TO INCREASE OR DECREASE AND ANY INCREASES OR DECREASES ARE TO BE PAID FOR AT THE CONTRACT UNIT PRICE GIVEN. (5) THE WORK SHALL BEGIN WITHIN TEN DAYS AFTER NOTIFICATION TO BEGIN WORK BY THE CHIEF ENGINEER TO THE COUNTY THE WORK SHALL BE CARRIED THROUGH TO COMPLETION WITHOUT UNREASONABLE DELAY AND WITHOUT SUSPENSION OF WORK UNLESS AUTHORIZED ,IN WRITING BY THE CHIEF ENGINEER. IF THERE ARE UNREASONABLE DELAYS OR UNAUTHORIZED SUSPENSIONS OF WORK, (:l:-Z- THE DEPARTMENT RESERVES THE RIGHT TO CHARGE THE COUNTY, NOT AS A I I I I I I I I I I I I I I I I I I I PENALTY BUT AS LIQUIDATED DAMAGES, THE COST TO THE DEPARTMENT OF MAINTAINING ITS ENGINEERING AND INSPECTION FORCE ON THE WORK OR TO CANCEL THIS CONTRACT AND COMPLETE THE WORK BY CONTRACT OR OTHERWISE. (6) THE WORK SHALL BE DONE' IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA AND TO THE SATISFACTION OF THE DEPARTMENT OF TRANSPORTATION THE DECISION OF THE CHIEF ENGINEER UPON ANY QUESTION CONNECTED WITH THE EXECUTION OR FULFILLMENT OF THIS AGREEMENT AND INTERPRETATION OF THE SPECIFICATIONS OR UPON'ANY FAILURE OF DELAY IN THE PROSECUTION OF THE WORK BY THE COUNTY pHALL BE FINAL AND CONCLUSIVE (7) THE COUNTY AGREES TO PERFORM ALL EXTRA WORK THAT MAY BE REQUIRED OF THEM ON THE BASIS OF ACTUAL COST. (8) THE FINANCING OF THIS ~ROJECT SHALL BE AS FOLLOWS: PAYMENTS WILL BE MADE ON MONTHLY STATEMENTS AS THE WORK PROGRESSES. (9) DRUG-FREE WORKPLACE CERTIFICATION: ------------------------------------- THE UNDERSIGNED CERTIFIES THAT THE PROVISIONS OF CODE SECTIONS 50-24-1 THROUGH 50-24-6 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, RELATED TO . THE **DRUG-FREE WORKPLACE ACT**, HAVE BEEN COMPLIED WITH IN FULL. THE UNDERSIGNED FURTHER'CERTIFIES THAT: (1) A DRUG-FREE WORKPLAC~ WILL BE PROVIDED FOR THE CONTRACTOR'S EMPLOYEES DURING THE PERFORMANCE OF THE CONTRACT; AND (2) EACH CONTRACTOR WHO HIRES A SUBCONTRACTOR TO WORK IN A DRUG-FREE WORKPLACE SHALL SECURE FROM THAT SUBCONTRACTOR THE FOLLOWING WRITTEN CERTIFICATION: 'AS PART OF THE SUBCONTRACTING AGREEMENT WITH (CONTRACTOR'S NAME) (SUBCONTRACTOR'S NAME) ---------------------------- -------------------------- CERTIFIES TO THE CONTRACTOR THAT A DRUG-FREE WORKPLACE WILL BE PROVIDED FOR THE SUBCONTRACTOR'S EMPLOYEES DURING THE PERFORMANCE OF THIS CONTRACT PURSUANT TO PARAGRAPH (7) OF SUBSECTION (B) OF CODE SECTION 50-24-3.' . ALSO THE UNDERSIGNED FURTHER CERTIFIES THAT HE WILL NOT ENGAGE IN THE UNLAWFUL MANUFACTURE, SALE" DISTRIBUTION, DISPENSATION, POSSESSION, OR USE OF A CONTROLLED SUBSTANCE OR MARIJUANA DURING THE PERFORMANCE OF THE CONTRACT. ------------------------------------------------------------------- ~~ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA CONTRACT ID : C31656-97-000-0 INTERSECTION IMPROVEMENTS AT THREE LOCATIONS ON BARTON CHAPEL RD. ---------------------------------------------------------------------- SITE CONTRACT TIME LIQUIDATED DAMAGES ---------------------------------------------------------------------- 00 COMPLETE CONTRACT NONE . CC-C/- "-- - I I I I s. P. CODE - '. .-. ____.....~ ,..___~ u, - :h-:~. "-""~-=--"""'~-~'~ DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISIONS DA TE: . 09/1 7 / 9 ~ PAGE: CONTRACT ID : C31656-97-000-0 INTERSECTION IMPROVEMENTS AT THREE LOCATIONS ON BARTON CHAPEL RD. ------------------------------------------------------------ SPECIAL PROVISIONS DESCRIPTION ----------------- ---------------------------------------------------------------------.--------- 1107-1-93-SP l08-1-93-SP l09-1-93-SP 161-2-93-SP 1400-2-93-SP 402-1-93-SP A96-0-00-SP IA97-0-00-SP A98-0-00-SP A99-0-00- I I I I I I I I I I I I LEGAL REGULATIONS (ENVIRONMENTAL)COUNTY/CITY CONTRACTS WAIVE PROGRESS SCHEDULE PARTIAL PAYMENT (CITY/COUNTY CONTRACTS) SOIL EROSIO~ & SEDIMENTATION (COUNTY/CITY CONTRACTS) ASPHALTIC CONCRETE (COUNTY CONTRACTS) ~:=C~ED ASP~~1f~CR\~ ACODNTY CONTRACTS) s::t ~~ b - '"fi,.~ ~ll, ~h4Tf'Q. (An<:....h::-mP. tof,...$: PLANS (5 ) cc-~ I I DEPARTMENT Or- TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1995 SPECIFICATIONS JULY 1, 1995 f08195SP I SECTION 108 - PROSECUTION AND PROGRESS I FOR THIS PROJECT, THE PROGRE~S SCI :EDULE REQUIRED BY ~TICLE 108.03, NEED NOT BE SUBMITTED. I. I I I I I I. I I I I I I cc-~ II I ! I / :1 I I I SECTION 109 - MEASUREMENT & PAYMENT (CITY/COUNTY CONTRACTS) II " 109.07 PARTIAL PAYMENTS: Retaln ,as wrltten except as follows: ~~ENERAL: Delete "At the end of each calendar month"----and substitute w"the 10th day of each calendar month----". September 15, 1997 DEPARTMENT OF TRANSPORTATION STAT.~ OF GEORGIA I SUPPLEMENTAL SPECIFICATION I I I I I I I I :Ice of State Aid I I CC-7 . .. ". .' DEPARTMENT OF TRANSPORTATION , STATE OF GEORGIA SPECIAL ,PROVISION FIRST USE 1995 SPECIFICATIONS JULY 1, 1995 REVISED: NOVEMBER 6, 1995 CTION 161 - CONTROL OF SOIL EROSION AND SEDIMENTATION TAIN AS WRITTEN .AND ~D THE FOLLOWING: T SHALL BE THE RESPONSIBILITY OF THE COUNTY OR CITY TO MEET THE QUIREMENTS OF CHAPTER 7 OF TITLE 12 OF THE OFFICIAL CODE OF EORGIA ANNOTATED, THE EROSION AND SEDIMENTATION ACT OF 1975, CURRENTLY AMENDED. . J' CC-B June, 1997 DEPARTMENT OF TRANSPORT A nON STATE OF GEORGIA SPECIAL PROVISION I I. i , I f .. - ll~ _ oJ .' }. c.. i. il' I ~I' ~ ~ I - - j. I t I I I I SECTION 400. HOT MIX A.SPHALTIC CONCRETE CONSTRUCTION (FOR STATE AID CONTRACTS ONLY) 400.05 CONSTRUCTION: 400.05.C.4: LEVELING COURSE: Delete second paragraph and substitute the following: Mixtures for leveling courses shall meet the requirements of the approved Job Mix Formula as defined in Subsection 400.06 and all appropriate requirements of Section 828 and will be subject to Acceptance as stated in Subsection 4oo.07.A. TABLE 400.05.C.4.a.: PATCIDNG AND LEVELING: Add the following statement after Table 400.05.CA.a. Where the surface mix is to be a Sand Asphalt, Sand Asphalt will be allowed for Leveling and/or Patching in addition to the above mixes. Sand Asphalt will not be allowed as. Leveling under surface treatment, slurry seal, or other asphaltic concrete mixtures. 400.05.F.: CONSTRUCTION ':OF ! CONTROL STRIPS AND DETERMINATION OF . TARGET DENSITY: Delete this Subsection and substitute the following. Construction of control strips will not be required and 96% of Laboratory Density should be used to control compaction or if job conditions warrant, the Engineer may establish a maximum . practical density. . 400.05.G.: MIXTURE NOT REQUIRING CONTROL STRIPS: Delete this Subsection and . substitute the following: 400.05.G.: MIXTURE NOT REQUIRING COMPACTION TESTS: , For Asphaltic Concrete with a plan spread rate of 125 Ibs.lyds2 or less, density tests will not be required. These courses shall be compacted as follows: 1. COMP ACfION EQUIPMENT: The compaction equipment must be in good mechanical condition and capable of compacting the mixture. The number, type, size, operation, and condition of the compaction equipment shall be subject to the approval of the Engineer. A minimum of the following equipment shall be required: a. One steel wheel breakdown roller weighing at least 10 tons or vibratory roller operating at a low amplitude and at a minimum frequency of 47 Hz. I b. One rubber tire roller weighing at least 8 tons or exerting at least 80 Ibs/in2 contact pressure. CC-CJ , i .. r I I I I I I I I I I I I I I I I I I I I c. One steel wheel finishing roller weighing at leaSt 8 tons or vibratory roller operating in static-mode. 2. ROLLING OPERATION: Rolling shall be started as close behind the spreader as possible without excess~ve distortion of the mix and shall be continued until roller marks are no longer visible. A minimum rolling pattern shall consist of 2 coverages with the breakdown rQller, 6 coverages with the Pneumatic-Tired roller, and 2 coverages with the steel wheel finish roller. 400.07. ACCEPTANCE PLANS: Delete all references to pay adjustments and pay factors. In addition, Delete 400.07.A, Gradadon and Asphalt Cement Content, except for Tables 400.07 A.I. and 400.07 A.2., and substitute the following: 400.07.A. CONTRACTOR ACCREDITATION OF MATERIALS SAMPLING AND TESTING OF HOT MIX ASPHALTIC CONCRETE: Asphaltic Concrete Mixture shall be randomly sampled and tested by the' Contractor or Contractor's Representative. In addition, these tests results may be used for Acceptance on a Lot basis. 1. QUALITY CONTROL PROGRAM: This Quality Control Program allows the Department to accept the Contractor's quality control tests as Acceptance Tests for Asphaltic Concrete m,ixtures. The Contractor's Quality Control Program as established in S.O.P. 27i "Quality Assurance for Hot Mix Asphaltic Concrete Plants in Georgia," shall include, but not be limited to: a. The assignment of, all quality control responsibilities to specifically named individuals who have been duly certified by the Office of Materials and Research. b. Provisions for prompt implementation of control and corrective measures. c. Provisions for liaison with the Project Manager, Bituminous Construction Engineer and Testing Management Supervisor at all times. d. Provisions for reporting daily through Office of Materials and Research computer Bulletin Board Service (BBS) the test results for extractions, lime checks, and stripping tests. Other tests, checks, calibrations, etc. will be reported on a form developed by the Contractor and shall become a part of the project records. The Quality Control Program shall be submitted for approval prior to beginning the Work. ' 2. CERTIFICATION REQUIREMENTS: The Office of Materials and Research will certify the Contractor's Laboratory and testing equipment to assure that the equipment cc-/tJ I II I! I I: I I[ , I: II ; Ii I I I I I I I I I I to be used is accurate and meets Departmental testing standards. Laboratories which participate in and maintain AASHTO Accreditation for testing Asphaltic Concrete Mixtures will be accept~ble for certification by the Department provided other contract requirements are met. The designated Quality' Control personnel must be certified by the Office of Materials and Research prior to commencement of work. There are two certification Levels for Quality Control Technicians. To become a certified Level 1- Quality Control Technician (QCT), such persons must be able to demonstrate that they are competent in performing the process control and acceptance tests and procedures related to Hot Mix Asphaltic Concrete production. The Level 2-QCT shall, in addition to Level 1 requirements, be capable of and responsible for making process control adjustments. The Engineer shall be qotified in writing of any change in Quality Control personnel. The Contractor shall h'ave at least one designated QCT personnel at the plant at all times except when daily total weight for all mix types is to be less than 250 ton.s. If daily producticm for all mix types is less than 250 tons, the QCT may be responsible for conducting tests for up to two plants. In addition, the Contractor is also required to have available, eith~r at the plant site or within immediate contact by phone or radio, a Level 2-QC;r person responsible for making prompt process control adjustments as necessary to correct the mix. 3. SAMPLING AND T~STING REQUIREMENTS: Mixtures shall be randomly sampled according to yDT -73 (Method C) and tested by the QCT on a Lot basis. A copy of the computer generated random sampling data shall be maintained as a part of the project records. The Contractor's QCT'shall perform all Sampling and Inspection duties in accordance with GSP-21. The Contractor's QCTshall perform extraction or ignition (GDT-83 or GDT-125) and gradation analysis (GDT-38) of samples of the mixture produced each day and sampled in accordance; with aSP-I5. The Contractor shall ~aintain a Process Control Flow chart for each sieve specified on the Job Mix FormuJa and including the percent asphalt content. Such chart should include a graph plot of the deviations from the Job Mix Formula for each test as well as the allowable range based on the Mixture Control Tolerances specified in Section 828 of the Standard Specifications. If Acceptance test res~lts are outside Mixture Control Tolerances specified in Section 828, the Contractor QCT shall determine if a plant adjustment is needed and immediately run a Process Control sample. If the Process Control sample is also out of Mixture Control Tolerances, an immediate plant adjustment shall be required and additional Process Control samples shall be taken as necessary to assure the corrective action taken was appropriate to control the mix. c C- , I ,. - I I I I I I I I I I I I I I I I I I I If the Contractor QCT obtains 2 consecutive Acceptance samples out of the Mixture. Control Tolerances specified in Section 828, production will stop immediately and the problem with mixture control will be investigated and corrected by the Contractor's Level 2 Qcr personnel prio,r to restarting production. The Qcr shall measure the temperature of the mixture and record the results on the load ticket each time a sample is taken. This will be required for all mixes except Asphaltic Concrete "D", "P modified" or "Porous European Mix" mix where the temperature shall be meaSured and the results recorded at least once for each hour of production. The respective:load ticket shall also be signed by the QCT for each load from which a sample is taken. When hydrated lime is to qe included in the mixture, calibration of the lime system shall be checked for accuracy a minimum of twice weekly during production and the results of these calibration checks shall be posted at the plant for review. Additionally, records of materials (Asphalt Cement, Aggregates, Hydrated Lime, etc.) invoices shall be made available for review upon request at all times for the duration of the work. 4. COMPARATIVE AND: QUALITY ASSURANCE PROGRAM: Periodic comparative testing will be required of each QCT and will be coordinated by the. Department to monitor con~istency of equipment and test procedures. In addition, the Department will take independent samples to monitor the Contractor's Quality Control Program. For clari'fication, Department samples taken from opposite quarters of material sampled by thy Contractor are defined as Comparison Samples. Other independent samples whi~h are taken by the Department from material produced during the same Lot are defined as Quality Assurance samples. This Program is further defined as follows: ! a. Comparison Sampling 'and 'Testing: During the quartering process of Hot Mix samples, the opposite quarters from the test specimen shall be labeled and retained for Department companson testing. In addition, the remaining material removed from the total sampie shall be labeled and retained for possible Referee testing. These samples shall be stored in a suitable container and secured in a protected environment.1 If the Contractor's Acceptance Test results meet a 1.0 Pay Factor and if the Department does not procure these samples retained within two working days of the represented mix being produced, these samples may be discarded. ' The Department will test comparison samples on a random basis at a frequency deemed necessary to ~sure that the Contractor's testing technique~ are yielding accurate results. c c- Il- Results of Departmept tests will be compared to the respective Contractor's Acceptance tests. The maximum tolerance allowed for Comparison Samples as defined above shall be as follows: I ,- ~ MAXIMUM DIFFERENCE SIEVE SIZE . SURFACE INTERMEDIATE AND BASE 1" 3.5% 3.5% 3.5% 3.5% 2.5% 2.0% 0.4% 4.0% 4.0% 4.0% 4.0% 3.5% 3.0% 2.0% 0.5% 1 1/2" 1/2" 3/8" No.4 No.8 No. 200 A.C. ' ~ ! . I I I I B I I If Comparison tests are within these tolerances, production may continue and at the discretion of the Engineer, the Contractor's tests can be used as the acceptance tests for the affected Lot. If test results are not within these tolerances, the I corresponding Referee Samples shall be tested by another Departmental Technician and compared to the tolerance for Comparison Samples as given above. If test Res\.llts of Referee Samples, when compared to the respective QCT's sample, are within these tolerances, the Contractor's tests can be used as Acceptance Tests for the effected Lot. If tests results are not within these tolerances, the Con~ractor's Quality Control methods shall be reviewed and a thorough investigation will be made if deemed necessary. b. Quality Assurance S~mpling and Testing: The Department will take samples for the purpose of mori~toring the effectiveness of the Contractor's Quality Control Program. These samples may be obtained from the same load as QCT samples were .taken or other loads at the plant or roadway, or samples obtained immediately behind :the spreader and prior to compaction. The samples will be tested and analyzed by the Department in accordance with standard procedures. c. The Department s~all randomly take and test a minimum of two Quality Assurance (QA) samples from each five days of production to assure that the mixture is being adequately controlled and accurately sampled and tested. , I The maximum tolerance for QA samples as defined above, when compared to the Job Mix Formula, shall be the same as the Mixture Control Tolerances as outlined in Section 828. ' CC-/3 -- I I I I I I I I .1 I I I I I I I I B I If test results are not y...:ithin these tolerances, the Department shall immediately take another sample from the respective mix. If tests results of the additional sample are within these. tolerances, production may continue. If test results of the additional sample are not within these tolerances, the Department will investigate by taking at least three: random samples from throughout the Lot in accordance with Subsection 400.07.F.. Should the Engineer determine that Quality Control requirements are not being met or that unsatisfact~ry results are being obtained, prompt corrective action shall be taken by the Contractor. Failure to take prompt, effective action will be cause for the Engineer t.o discontinue acceptance of the mix. If it is determined bi the Department that. the QCT has provided erroneous information, his or her certification may be withdrawn, and the Contractor may be subject to punitive or le'gal action. Technicians who lose their certification due to falsification of test data will not be eligible for re-certification in the future. In-place material represented by I unacceptable tests will be evaluated by cores in accordance with Subsection 400.07.F. These samples shall be used for acceptance. 5. GRADATION AND ASPHALT CEMENT CONTENT: A Lot shall consist of the number of tons of Asphaltic Concrete produced and placed each production day; however, if this production is less than 500 tons, or its square yard equivalent, it may be incorporated in the nextiworking day's production. In the event the final day'~ production is insufficient to constitute a Lot, it may be included in the Lot for th~ previous day's run, or at the discretion of the Engineer, may be treated as a separate Lot with a corresponding lower number of tests. Quality Control of the mix:ture will be based upon the mean of the deviations from the Job Mix Formula of the specified number of test results per Lot in accordance with the Mixture Acceptance Schedule. This mean will be determined by averaging the actual numeric value of the individual deviations from the Job Mix Fonnula, disregarding whether the deviations are positive or negative amounts. Table 400.07.A.I. shall be used to determine acceptance of all surface mixes and Table 400.07.A.2. shall be use~ to determine acceptance of all subsurface mixes. The samples will be taken ranpomly in accordance with GDT -73. In the event less than the specified number of samples are taken, acceptance will be based on the mean of the deviations from the Job Mix Formula of the number of tests run. C C-Il/- I I I I I I I I I I I I I I D I 400.07B.: COMPACTION: Delete this Subsection. 400.07.C.: SURFACE TOLERANCE: Delete as written and substitute the following: All paving shall be subject to visua1 and straightedge inspection during construction operations and thereafter prior to final acceptan!=e. A 10 foot straightedge shall be retained in the vicinity of the paving operation at all times for the purpose of measuring surface irregularities on all courses. The straightedge and labor for its use shall be provided by the contractor. The surface of base, intermediate, and surface courses shall be inspected with the straightedge as necessary to detect irregularities. All irregularities in excess of 3/16 inch in 10 feet for base, intermediate, and surface courses shall be corrected. Irregularities such as rippling, tearing, or pulling which in the judgment of the Engineer indicate .a continuing problem in equipment, mixture, or operating technique shall not be permitted to recur. The paving operation shall be stopped until appropriate steps are taken by the contractor to correct the problem. 400.07.0.: MA TERIALS PRODUCED AND PLACED DURING ADJUSTMENT PERIOD: Delete this Subsection. 400.10. PAYMENT: Delete this Subsection and substitute the following: Hot mix asphaltic concrete of the various types will be paid for at the contract unit price per Ton or Square Yard which payment shall be full compensation for furnishing and placing all materials including asphalt cement, hydrated lime when required and for all approved additives, for all cleaning and repairing or preparatiory of surfaces, for all other operations necessary to complete the Contract Item. PAYMENT WILL BE MADE UNDER: ITEM NO. 400 Asphaltic Concrete (Type), (Group-Blend) including Bituminous material and Hydrated Lime.......................................................Per Ton ITEM NO. 400 in. Asphaltic Concrete (Type), (Group-Blend) including Bituminous materia} and Hydrated Lime .......................................Per Square Yard ITEM NO. 400 Asphaltic Concrete Patching including Bituminous material and Hydrated Lime..:............. ............ .................. . . . . . . . . . . . .... ................... ......... .,....................................................... ................ .Per Ton ITEM NO. 400 Asphaltic' Concrete Leveling including Bituminous material and Hydrated Lime..:................... ........................................ ............ .Per Ton Office of Materials and Research C C-/S" I II I I ; I I I ,I I I I I Revised June 18, 1997 DEP ARr~NT OF TRANSPORT A nON , sTAtE OF GEORGIA : SPECIAL PROVISION (For State Aid Contracts Only) SECTION 402. HOT MIX RECYCLED ASPHALTIC CONCRETE 402.02.C. RECYCLED MIXTURE: Delete this Subsection and substitute the following: The recycled mixture shall be a homogeneous mixture of RAP material, virgin aggregate and neat asphalt cement. Further, the mixture shall be appropriately treated with an approved anti- stripping agent, either a heat stabl* anti-stripping additive or hydrated lime. The agent chosen shall be at the Contractor's discretion except where noted in the Pay Item designation. The mixture shall conform to an approved mixture design meeting the requirements outlined in Section 828. Where hydrated lime! is used, it shall be added at a rate of 1.0 percent of the virgin aggregate portion plus 0.5 percent! of the aggregate in the RAP portion of the mixture. Where heat stable anti-stripping additive ~s used, it shall be added at a rate of 0.5 percent of the neat asphalt cement added to the mixture. 402.05 PAYMENT: Add the following: Item No. 402 Recycled Asphaltic Concrete, ~, Group-Blend, Including Bituminous Material and Hydrated Lime ........per Ton ! Item No. 402 _ Inch Recycled Asphaltic Concrete, ~, Group-Blend, Including Bituminous Material and Hydrated Lime ........per Square Yard Item No. 402 Recycled Asphaltic Concrete Patching, Including Bituminous Material and Hydrated Lime ........per Ton Item No. 402 ! Recycled Asphaltic Concrete Leveling, , . Including Bituminous Material and Hydrated Lime ........per Ton Office of Materials and Research cc-/{, - I I I I I I I I I I I I I I I I I I I June 18, 1997 I I ! DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION (For State Aid Contracts Only) SECTION 820 - ASPHALT CEMENT Delete this Section and substitute the following: 820.01 SUPERPA VE ASPHALT BINDER: This Section covers asphalt cements which have been prepared from: crude petroleum by suitable methods. The asphalt cements shall be homogenous, free from water and shall not foam when heated to 1750 C. Blending of asphalt cements to produce a specified perfonnance grade shall result in a unifonn, homogenous blend with, no separation. The neat asphalt cement proposed for use in Asphaltic Concrete shall meet the following requirements for PG 64-22 or PG 67- 22 and be production materials ("straight-run") that have not been "air~blown" to achieve the perfonnance grade (PG). PO 58-22 may be used as Bituminous Tack Coat or in Bituminous Surface Treatment.' Only Styrene-Butadiene-Styrene (SBS) or Styrene- Butadiene (SB) shall be added to the neat asphalt cement, if needed, to produce a binder that complies with the following requirements for PG 76-22. 1. Test Requirements , ORIGINAL TEST AND TEST TEMPERATURE BINDER RESIDUE OF BINDER AFTER: METI-iOD Rolling Thin-Film PG PG PG PG Oven AASHTO: TP5 Pressure Aging 58-22 64-22 . 67-22 76-22 AASHTO: PP-l Flash Point. AASHTO: T-48 , 2300 C Min, Viscosity (a). 3Pa-S ASTM 04402 Max. 135~ C (3000CP) Mass Loss (%), Max. AASHTO: T-240 (b) 0.5 Dynamic Shear. 580 C 640 C : 670 C 760 C ~ 1.0 kPa ~ 2,2 kPa G*/sino. AASHTO: Phase TP5. 10 RadlSec Angle $ 75 deg. Dissipated Energy. Dynamic Shear. 250C ~ 5000 kPa G*sino. AASHTO: TP5. 10 Rad/Sec Creep Stiffness (c). S ~ 300.000 kPa 60 sec. AASHTO - 120 C m ~ 0.300 TPI Direct Tension. 1.0 mm/min. AASHTO: - 120 C Report TP3. Fai)urc Strain CC-/7 - I I I I I I I I I I I I I I I I I I I June 18. 1997 820.01 (Continued) a. This requirement may be waived at the discretion of the Department if the supplier warrants that t~e asphalt binder can be adequately pumped and mixed at temperatures that meet all applicable safety standards. b. Heat loss by AASHTQ: T -179 may be accepted In lieu of mass loss by AASHTO: T-240. c If the creep stiffness is below 300,000 kPa, the direct tension test is not required. If the creep stiffness is ~ 300,000 kPa, the Direct Tension Failure Strain value shall be reported. The m-value requirement shall be satisfied in either case. ' If modification is required, the composite materials shall be thoroughly blended at the supply facility prior to being loaded into the transport vehicle. All blending procedures, formulation, and operations shall be approved by the Office of Materials and Research. 2. Certification: Certified test results of laboratory blends for proposed PO asphalts shall be provided by a certified laboratory, approved by the Office of Materials and Researqh, fO,r each specification characteristic of the asphalt cement proposed for shipment. The certified results shall be provided to the State Materials and Research Engineer in compliance with Standard Operating Procedure (SOP)-4. In the event there is reason to suspect a sample will be outside specification limits, the State Materials and Research Engineer may interrupt the production until test results are known. Materials and Research CC-IB I I I I I "I I I I I I I I ,I I I I I I Revised June 18, 1997 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPE'CIAL PROVISION (For St~te Aid Contracts Only) SECTION 828 - HOT MIX ASPHALTIC CONCRETE MIXTURES Add the following at the end of SU,bsection 828.01. K. Mi,.,,-rure Designations shall be in accordance with the following: OLD DESIGNA nON METRIC DESIGNA TION Large Stone Mix (LSM) Base B B-Modified E F H G Sand Asphalt I and II Sand Asphalt Base D D-Modified Porous European Mix (PEM) SMA-C . SMA-F SMA-F 25 nun Mix 19 nun Mix 19 nun Modified Mix 12.5 nun Mix 9.5 nun Mix 9.5 nun Modified Mix 4.75 nun Mix 9.5 nun SA 12.5 nun SA 9.5 nun OGFC 12.5 nun OGFC 12,5 nun PEM 19 nun SMA 12.5 nun SMA 9.5 nun SMA SUPERPAVE DESIGNATION 37.5 mm Superpave 25 nun Superpave 19 nun Superpave 19 nun Superpave 12.5 nun Superpave 9.5 nun Superpave 9.5 nun Superpave 4.75 nun Mix 9.5 nun SA 12.5 nun SA 9.5 nun OGFC 12.5 nun OGFC 12.5 nunPEM 19 nun SMA 12.5 nun SMA 9.5 nun SMA 828.08 RUTTING SUSCEPTm~ITY TESTING: Delete this Subsection and substitute the following: The Office of Materials and Research may run a rutting susceptibility test on any asphalt mixture used in construction. 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