The URL can be used to link to this page

Home My WebLink AboutBoykin Road Drainage Improvements Augusta Richmond GA DOCUMENT NAME: !3D'-jK:n '!<oe-cl ~ih&'2(-- -rf'Y1~~fr DOCUMENT TYPE: CO~LI- YEAR: j 90; &; BOX NUMBER: I FILE NUMBER: ) fJ-8D 7 NUMBER OF PAGES: /;)7 . I I I I I I I I I I I I I I I I i . I .~ SlN~WnJOa lJVHlNOJ HOd S~NaW~AOHdWI ~~VNIVHa aVOH NI)l.xOH v60-9LL9-19 .ON "l.J~rOHd GNONH:JIH '1 'l~(gtG)I-O-v-d01Hd :.ON L~~rO(ld loa 'V~ , I I I I I -I I I I I I I I I I I I I I LIST OF PROJECT DOCUMENTS Boykin Road Drainage Improvements Project Number: 51-8775-094 SECTION PAGES Instruction to Bidders IB-1 thru IB-3 Georgia Prompt Pay Act PPA-1 Minority and Economically Disadvantaged Business Support ME-1 Special Conditions SP-1 thru SP-2 Agreement A-1 thru A-4 General Conditions 1 thru 33 Supplementary Conditions SC-1 thru SC-2 Proposal P-1 thru P-5 General Notes G-1 thru G-13 Traffic Control TC-1 thru TC-23 County Contract Specs. DOT-1 thru DOT-33 Plans 1 thru 7 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. I I I I I I I I I I I I I I 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 Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder.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 disquaTify 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 performance 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 qualif ications. 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" . 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. with 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 BOYKIN ROAD DRAINAGE IMPROVEMENTS project Number: 51-8775-094 SPECIAL CONDITIONS SCOPE: This proj ect includes drainage improvements in the Boykin 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 of other work obstructions and any other work not covered by a specific pay item. R/W CONSIDERATIONS: a) On the property located at 2305 Basswood Drive, Tax Map 167, Parcel 139, an old metal storage building shall be removed and disposed of by the Contractor. Payment will be included. in Lump Sum Construction. b) On the property located at 2307 Basswood Drive, Tax Map 167, Parcel 140, a metal carport is partially on the temporary easement. The Contractors is to work around the carport if at all possible. Payment will be included in Lump Sum Construction. c) On the property located at 2304 Rockview Drive, Tax Map 167, Parcel 307, a small utility building shall be removed and disposed of by the Contractor. Payment will be included in Lump Sum Construction. d) On the property located at 2316 Rockview Drive, Tax Map 167, Parcel 301, a small utility building shall be SP-1 I I I I I I I I I I I I I I I I I I I removed and disposed of by the Contractor. Payment will be included in Lump Sum Construction. e) On the property located at 2302 Rockview Drive, Tax Map 167, parcel 308, a small metal building shall be removed and disposed of by the Contractor. Payment will be included in Lump Sum Construction. f) On the property located at 2241 Boykin Road, Tax Map 267, Parcel 59 at the intersection of Boykin Road and Stone Road there are two medium size Yucka Plants (Spanish Bayonets) that may possibly be in conflict with the proposed construction. If possible the Contractor is to protect and work around these plants. Any damage shall be the responsibility of the Contractor. If the plants are in conflict the Contractor shall remove them in such a manner that the owner Mr. and Mrs. smitherman can replant them in another location. NOTE: The Contractor shall notify the owner in sufficient time that if the Yucka plants must be removed the property owner can be there to promptly replant them unless some other agreement between the property owner and the Contractor is arrived at. g) On the property of William E. West, located at 3818 Southfield Drive, Tax Map 167, Parcel 299, a field type fence (hog wire) is located along the rear of the property. When this fence is removed, the Contractor shall install a new four foot chainlink fence, furnished by Mr. West. NOTE: The Contractor shall coordinate all activities relating to this with Mr. West. On this same property (3818 Southfield Drive) there are two large Oak trees on the edge of the easement. The Contractor is to use caution to protect the trees and root. systems as much as possible. The existing 10'x12' building will be relocated by the owner. h) On the property of Mr. Edison, located at 2338 Boykin Road (opposite Beckmont Drive), Tax Map 167, Parcel 8.1 a storage barn is located partially on the 5' Temporary Easement near the outlet end of the proposed drainage system. The Contractor is to work around the storage barn and use extreme caution not to disturb the foundation of this building. SP-2 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 it day of ~, 19!1k by and between Augusta-Richmond Countv Commission-Council party of the first part, hereinafter called the OWNER, and Mabus Brothers Construction Company. 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: Boykin Road Drainage Improvements Project Number: 51-8775-094 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 - LIOUIDATED 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 320 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-I 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 Contract 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) Progress 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 AlA Document A312 TX 09154200 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Mabus Brothers Construction Co., Inc 920-B Molly Pond Rd Augusta, Ga 30901 OWNER (Name and Address): Augusta-Richmond County Commission Councl I SURETY (Name and Principal Place of Business): Universal Surety of America P. O. Box 1068 Houston, TX 77251 CONSTRUCTION CONTRACT Date: Amount: $ 1 , 273,410. 85 Description (Name and Location): Boyk In Road Drainage Improvements, Project # 51-8775-094 F II e REference: 87-056 BOND Date (Not earlier than Construction Contract Date): Amount: One Million Two Hundred Seventy-Three Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Mabus Brothers Construction Co., (Corporate Seal) Inc S;gnatu,", ~~~ Name and Trtle: "mmy 7J//f u.t {'~ 'IleSloc~1' (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER:Pa Imer & Cay, I nc 3333 Cumberland Circle, Sui te 500 Atlanta, Ga 30339-770 618 2082 1 The Contractor and the Suret y, jointl y and severall y, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Suret y and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Suret y at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contrnc- tion Contract. If the Owner, the Contractor and the Suret y agree, the Contractor shall be allowed a reason- SURETY 5026 (6-921 SG-1652/EP 6/94 Page 1 of 2 Thousand, ~ None Four Hundred Ten & 85/100 o See Page 2 SURETY Company: Universal :' (Corporate Seal) Surety of America Signature: U/ 4 /~~~~ NameandTitle:W. G. Van Busklfk....: .. '-: ..:c~ .....': Attorney In Fa&~ OWNER 'S REPRESENTATIVE (Archi ted, .Engi,neer or other party): able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default: and 3.2 The Owner has declared a Contractor Default and formall y terminated the Contractor's right to com- plete the contract. Such Contractor Defaul t shall not be declared earlier than twenty days after the Contractor and the Suret y have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Contruction Contract in ac- cordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: PRINTED IN U.S.A. 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion contract itself, through its agents or through independent contractors: or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Con- tract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default: or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: . 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner: or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Suret y to the Owner shall not be greater. than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Suret y shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract: 6.2 Additional legal. design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4: and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whiche.ver occurs first. 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 juris- diction of the suit shall be applicable. 10 Notice to the Suret y, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutor y or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 1 2 DEFINITIONS 12. 1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, incl1Jding allowance to the Con- tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived. to perform or otherwise to compl y with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or compl y with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: SG-1852/EP 6/94 Page 2 of 2 AL4 Document A312 Payment TX 091541200 Bond CONTRACTOR (Name and Address): Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Mabus Brothers Construction Co., Inc 920-B Molly Pond Rd Augusta, Ga 30901 OWNER (Name and Address): Augusta-Richmond County Commission Councl I SURETY (Name and Principal Place of Business): Universal Surety of America P. O. Box 1068 Houston, TX 77251 CONSTRUCTION CONTRACT Date: Amount: $ 1 ,273,410. 85 Description (Name and Location): Boykin Road Drainage Improvements, Project Number:51-8775-094 File Reference: 87-056 BOND Date (Not earlier than Construction Contract Date): Amount: $1 ,273,410.85 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Ma bus B rot her s Con s t r u c t Ion Co. , (Corporate Seal) Inc Signature:~~r- Name and Title: -rdm;n y 'A '-45 \/. P. (Any additional signatures appear on page 2.) (FOR INFORMATION ONL Y - Name, Address and Telephone) AGENT or BROKER:Pa Imer & Cay, I nc 3333 Cumberland Circle, Suite 500 Atlanta, Ga 30339-770 618 2082 1 The Contractor and the Suret y, jointl y and severall y, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has prompt I y notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. SURETY 5026 ~-9~ SG-1853/EP 6/94 ~ None o See Page 2 SURETY Company: Universal (Corporate Seal) Surety of America Signature://I/ /() t/~ 4J/~ Nameand'Title: W. G. Van Buski~~/', . :'.i:.:. Attorney in Fact:..". . 'i OWNER'S REPRESENTATIVE (Archite6t,E~gineer or ot"Qef party): . .' 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectl y, for all sums due. 4 The Suret y shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accnrac y, the amount of the claim and the name of the part y to whom the materials were furnished or supplied or for whom the labor was done or performed: and Page 1 of 2 PRINTED IN U.S.A. .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directl y or indirectl y; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Suret y, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. S The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waIves notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent MODIFICATIONS TO THIS BOND ARE AS POLLOWS: jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- able to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Suret y, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Suret y, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond ponflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a sub- contractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Con- tract. The intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's sub- contractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 1 5.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signa- ture page, including all Contract Documents and changes thereto. 15.3 Owner Default: Pailure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or compl y with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACfOR AS PRINCIPAL SURETY Com pan y: (Corporate Seal) Com pan y: (Corporate Seal) Signature: :-.lame anu Title: Address: Signature: Name and Title: Address: SG-1853/EP 6/94 Page 2 of 2 I UNIVERSAL SURETY OF AMERICA I P.O, BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF A TIORNEY - CERTIFIED COpy IllandNur.I~'X 0915412 00 Know All Men by Thc~e Present.>. That UNIVERSAL SURETY OF AMERICA. a corporation duly organiud :md e~isting under the laws of the Slale of Tcxa$. and having it~ principal office in Houston. TellIS. does by these presenLs make. comtilute and ;\ppnint W.G. Van Buskirk it~ ~c and lawful AtlOmey(s)-in.Facl. II;ith full power and Buthurity hereby conferTed in its nnme. place and steild. to execute. ilckn(lwledge (\nd delIver ronds for: ObJi~ee: Augusta-Richmond County Commission Council I Principal: M(l\)u~ Rrolh~-r> Construction Co.. Inc. Amount: $1.273.410.85 I Stall! of Texas ~",\,,,llll"'m..... .1'. ..~~~.!.~ ~.\ 1-...... '.. I ~...,.~...~ 'l f ~f \~ i .~:~:.." ..j~! ? ....... nUl.'" / ...........1 .jt'" it............ p;4 Presidenl ~ :z.: - <: [Tj '" C'-l :> t""'" ~ c:: ~ ~ oooooj -< o "":":1 :> :s: t'l"'l ;;.:1 n :> -< U ~ w 2 -< ~ o >- and In bind the company therchy as fully and to the same extenta.s if ~uch bonds were signl,;d by the Pr~idellL .calcd with the corporate seal of the I.:nmp:my and duly atlestell by it.. secretary. hereby ratifYing 1lI1d clllltilTning all that the said Attorncy(s)-in-Fact m;\y do within the abovc stated lilnit31ic)Il~. S:tid 3PJ"1.1;ntmenr is made under anu hy aurhority of the following resolution :tdopted by the BOllrd (If Directors of Universal Surety of America lit a meeting held on rhe 11th day of July. 1984. "Be It ReSl:Jlved. thilt thc Pre~ident, and any Vice Pre~ident. Secretary or any A,sLslant Secretary shall be and i~ hereby vested with full {X'lwer and authority In appoint anyone or more suitable persons as Auotney(~).in-Fa.ct to repre~ent and <lct for ~d on behalf of the C()\npany." "RESOL VED Ihlll the ,;ignalure of any offi~er of the corporation. and the seal of the corporation may be affixed or printed by f:ll;~imilic tu any po.....l.,. (If attorney ()f the corporation. ilnd that such print~ facsimilic signature and ;;eal shall ~ v:llid and hinding up.,n the corporation:' !- ~ c:::: ~ en .-J -< ljI':l ~ w.J In Witness Whereof. Unh'er.;al SUN!ty of America has caused these presents to be ~igned by its President, John Knox, Jr. and its curporatt 5ealto be hereto am.ud this 15rl1 day of April, A.D., 1995. UNIVERSAL SURETY OF AMERICA :> z ;:=: ~ ('j4fJ~-~\ \\~/ ~..,*..../ '...~ I. the ulldersigni:l.1 S~cretJIy of Lllli\'e~ill Surety of America.. herel.'ly ~crtify thill the above ilml foregoing is a fuJl. tru~ and correct copy of the Original Po.....;:r of Attorney i,sued by said Company, and do hereby further certify that the said Power of Altorne)' is still in affl:ct. @.d -K 21,ffi Nota~ Public I I I I ss: Counly or HalTis On thi.t; 15th day of April, in the year of ]995, before me Rhonda K. Wilke. a notary public, rersonallY appeared John Knox, Jr., personally known to be the persun who ellel'Uted the within in~trument as President, on behalf 0 the corporation therein named and ackpowledged to me that the corpuration executed iI. GIVEN IJI1dcr 'my hand and"lhe seal of 5ilid company. ;It Houston. TC:las. this ~ day of JUL Y . 19~. I ' , ~ fi~~ ~ o ~~ ,_ _ >- 77 ^.Znl Socr~t,vy ~. - ~ I "-::::- ~ ~ ,," ~ ...- /. ' . ~ Lnrau:.~=~o~ ~f;~';~':r~f ;;~~~';~ :;YF~:~:'; ;1IJ~7::_D:_SilllllSiJ DAn: lMMIOD/YYl 07/11/96 PRODUCDt P:Umcr & Cly of Georgia. Inc. P. O. Box i24Q28 Atlanta. GA 31139-1028 THIS CDtTIFlCA.n: IS ISSUED A.S A MATIER OF INFORMATION ONLY AND CONfERS NO RIGHTS UPON THE CERTIFlCA. n: HOI.Oi1 nus CDtTIFlCA. n: DOES NOT AMEND. EXTEND OR AI.. TEll. THE COVERAGE AFFORDED BY THE PO I BELOW. COMPANIES AFFORDING COVERAGE INSURED COMPANY A TransconrinentialIns. Co. COMPANY Mabus Brothers CollStI'Uction Co 92O-B Molly Pond Road Augusta GA 30901 B Transportation Ins. Co. COMP.'JolY c COMPANY THIS IS TO CDtTIFY THAT THE POUCIES OF INSURANCE LI.S1'D> BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICA. TED. NOlWlTB!rr ANDING ANY REQUIREMENT. TERM OR CONDmON OF ANY COP\'T'RACT OR OTHER I>OCt11IfENT WITH RESPEC"r TO WHICH nus CERTlFICA. n: MAYBE ISSUED OR MAY PDtT AIN. THE INSURANCE AFFORDED BY THE POUCIES DESauBED HEREIN IS SUBJEC"r TO ALL THE TERMS. EXCLUSIONS AND CONDmONS OF SUCH POUCIES. UMITS SHOWN MA Y HA VE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POUCY N1JJ\fBER I POUCY EIT. POUCY EXP. Lnt DAn: (MMJDD/YYl DAn: lMMIOD/YYl UMITS A CENE.RA.L UAJllLlTY COMM. GENERAL UAJlILlTY C1.AIMS MADE [TI OCctlR OWNER'S &< CClNTRACT'S PROT C130240706 6/30/96 6/30/97 GE:NERAl. AGGREGA n: PROo.cOMPfOP AGG. PERS. &< ADV. INruR Y EACH OCCUllRENCE FlRE DAMAGE COIle F1noI MED EXPlAay _ penoa' COMBINED SINGU: UMIT ., ., 5000 B C130240713 6/30/% 6/30/97 X HIRED AurOS NON.QWNED AurOS ~~~ ANYAurO EXCESS UAJllLlTY B X IJMBREU..A FORM C130240737 6/30/96 6/30/97 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' UAJlILlTY B WCi30240740 6/30/96 6/30/97 THE PROPRILI'OR/ R INC~ PARTNEJISIEXECUTJVE omCERS AJl.E: loCL OTHER 1000ooo BODILY INruRY (Per penoa, BODILY INruRY (Per oa:ideatl PROPDl.n' DAMAGE AlTrOONLY-C:A ACCIDENT OTHER THAN AlTrO ONLY, EACH ACCIDENT AGGREGA n: lEACH OCCUllRENCE AGGREGA n: 3000ooo 3000ooo X I STATUTORY LIMITS EACH ACCIDEN'T DISEASE-POUCY UMIT DISEASE-EACH EMP1.. I I I?? ... I I I 50??oo 50??oo 50??oo DESCRIPTION OF OPERA TIONSILOCA TIONSIVEHICLEStSPECIAL ITEMS Project: 51-8775-094 Boykin Road Drainage . .. .. -. ... ::::CERTIF:ICb.TEHOLDEB.:,' AUGUSTA-RICHMOND COUNTY ':;::::::c~nON'{:)' .....:: .....::./::::..::..:.:::..:.:-:.::' '. :.:. .:......:.,.. ... ......... SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCEL1..E.D BEFORE TIlE EXI'lRA TION DAn: nlER.EOf. TIlE ISSUING COMPANY WILL ENDEA VOR TO MAIL 30 DA YS WRITrEN NOTICE TO THE CERnF1CA n: HOI.OER NAMED TO THE !..Err. BUT fAILURE TO MAIL SUCH NOTICE SHAl..L IMP\JSE NO OBUGA nON OR I.U:::::'::=:;f)i;:~72]i;;:::;.n'~ (t. , COMMISSION-COUNCIl. I r iliS MARVIN GRIFrIN ROAD I ~ AUGUSTA. GA 30901 r ~. ACORD::2s;.S/}!93Y.. d" ~1" I I I I I I I I I I I I I I I I I I I 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. . -..' - - :..,,-.'1::\ .-'./., = F"O:V]~t;~ / /~ L '7'~'j=:)~.J,J.-., co~!\ I'-........,~ ~~(.. ':>"'Io4\V^ t;. \~,~. ,,- ~ 0(" ~~ v~ l .....' .',~. .... ~ d " ." J.. ", ':. ,to ~ . ( . . '.: ". 1;4 (".~ : il_rt ~ ~ ~. ,. .; ~ ~ I'l. ~ ~ .' c - - -'-- c'? " jfI E;" r-- 0 j;J SEA \. 0,,_ '. ': ,," ,d Q ....0, 1....... oeO JSI QQ .....0000000000 ~ tt"t\ G:i:O 0- 'l'lt)\:.", SEAL Attest AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL (Owner) Richmond County Commission-Council CONTRACTOR: /J!A.&s ~4S. tf:vsm.t;;t:, BY:~~~~~ - --- . ~ Title: r;ce- '-rReS(OGN7 Address: 9;;0 ~(:),,-y ~~D ~"LJ /ju6usrt\ 611 30f9 \ '. A-4 I I I I I I I I I I I I I I I I I I I . GENERAL CONDITIONS I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title .., DEFINITIONS. . . . . . . . .. . . . .. . . . .. . . . . . ... . . . . . . . .. . . . . . . . . . . . . . . . . . PRELIM IN AR Y MA TIERS ........................................ CONTRACT DOCUMENTS; INTENT. AMENDING AND REUSE..... .. .......... .. . . .... ...... AVAILABILITY OF LANDS: PHYSICAL CO:--lDITIONS: REFERENCE POINTS. . . .. . . .. . . . . . .. .. .. .. . .. . ... .. . . . . . . . . . . . . ... BONDS AND INSURANCE...... ....... ...... ... .................. CONTRACTOR'S RESPONSiBILITIES............................ OTHER WORK ..................................................... OWNER'S RESPONSiBILITIES.................................... ENGINEER'S STATUS DURI;-.JG CONSTRUCTION .............. CHA:--IGES 1:--1 THE WORK......................................... CHANGE OF CONTRACT PRICE.................................. CHANGE OF CONTRACT TI?vIE ................................... WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOV AL OR ACCEPT.-\NCE OF DEFECTIVE WORK.... . ...... .. . . . .. . ..... ... PA YMENTS TO CONTRACTOR AND COMPLETION ............ SUSPENSION OF WORK AND TERMINATION....... .......... ARBITRATION..................................................".. . ~lISCELL.-\N EOUS . .. ...... ..... . . .. ...... . . . ....... ... . . .. .. . ..... 3 4 .5 6 7 8 9 10 II 12 13 14 15 16 17 3 Por.te i 8 9 10 II 14 18 19 19 :1 21 24 24 26 29 31 '''l J_ I .1 INDEX TO GENERAL CONDITIONS I Anici~ or Paragraph Numb~r Acceptance of Insurance ............................. 5.13 Access to the Work .................................. 13.2 Addenda--definition of (see definition of Specifications t ........................................ 1 Agreement--definition of ........:....................... 1 All Risk Insunnce ..................................... 5.6 Amendment. Written ............................. 1. 3.1.1 Application for Payment-ilennition of .................. 1 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 Availability of Lands .................................. 4.1 A ward. !'oj otice of~etined .............................. I 1 1 I I I Before 5taning Construction ...................... 2.5-2.7 Bid--definition of ....................................... 1 Bonds and Insurance-in general ........................ 5 Bond~efinition of . . . . . .. .. .. .. . . .. . .. . .. . . . .. .. . . . .... 1 Bonds. Delivery of ............................. _ l.l. 5.1 Bonds. Performance and Other .................... .5 .1-5.2 I I Cash Allowances ..................................... 11.8 Change Order~efinition oj ............................. 1 Change Orders-to be executed ...................... 10.4 Changes in the Work ................................... 10 Claims. Waiver of~n Final Payment ............... 14.16 Clarific:llions and Interpretations ...................... 9.4 Cleaning ............................................. 6.17 Completion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. 14 Comoietion. Suostanllal ......................... 14.8-14.9 Conference. P,e::onstructlon .......................... :.3 Connic:. E:Tor. Dlscrepancy-Contractor lO Repor1 ...................................... :.5.- j..3 Construction Machinery. Equipment. etc. ............. 6A Continumg Work..................................... 6.29 Contract Documents-amending and supplementing ............ ....................... 3.4-3.5 Contract Documents--definition of ....................,. I Contract Documents-Inlent ...................... 3.1-3.3 Contract Documents-Reuse of ....................... 3.6 Contract Price. Change of .............................. 11 Contract Price-ienniiion ............................... I Contract Time. Change oi .............................. I: Contract Time. Commencement oi .................... :.3 Contract Time-iefinition of ............................ 1 Contractor-ilelinition oi ................................ 1 Contractor May Stop Work or Terminate ............. 15.5 Contractor's Continuing Obligation.... .............. 14.15 Contr:lctor's Duty to Report Discrepancy in Documents .................................. :.5. 3.: COnlr:lctor"S Fc:c:-Cost Plus ... IIA.5.6. 11.5.1. 11.6-11.-:" Contractor's Liability Insurance....................... 5.3 Contractor" s Responsibilities--in general ................ 6 I I I I I I I I I Contractor's Warranty of Title ........................ 14.3 ContractOr'$-oOther . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Contractual Liability Insurance ........................ 5.4 Coordinating Contractor-iletinition of ................ 7.4 Coordination .......................................... 7.4 Copies oj Documents ................................... l.: COlTCction or Removal of Defective Work ........... 13.1\ Correction Period. One Year ........................ 13.12 Correction. Removal or Acceptance of Defective Work-in general ........................... 13.11-13.14 Cost-net decrease ................................. 11.6.1 Cost of Work .................................... 11. 4-11.5 Costs. Supplemental..... . . . . . . .. . . .. . . .. . . . . . . . . . .. 11.4.5 Day~ennition of ....................................... I D~f~crive-ilennition of ................................. 1 Def~crive Work. Acceptance oj ...................... 13.13 Def~crive Work. Correcllon or Removal of .......... 13.11' Defecrive Work-in general ............... 13.14.7.14.11 Defecrive Work. Rejecting..... ................ ........ 9.6 Definitions .............................................. 1 Delivery of Bonds ..................................... l.1 Determination for Unit Prices ........................ 9.10 Disputes. Decisions by Engineer... .............. 9.11-9.11 Documents. Copies of ................................. l.2 Documents. Record .................................. 6.19 Documents. Reuse .................................... 3.6 Drawings-definition oj ................................. 1 Easements ............................................ 4.1 Effective date of Agreemem-ilennition of . . . . . . . . . . . . . .. 1 EmergenCIes ......................................... 6.22 Engineer-definition of .................................. I Engineer's Decisions ............................ 9.10-9.12 Engineer'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 Status 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........................ 11.6 Field Order-dennition of ............................... 1 Field Order-fssued by Engineer ................ 3.j.l. 9.5 Final Application for Payment ....................... 14. 12 Finallnspecllon ..................................... 14.11 Final Payment and Acceptance ...................... 14.13 Final Payment. Recommendation of ........... 14.13-14.14 General Provisions .............................. 17.3-17.4 General Requiremems-dennition oi . . . . . . . . . . . . . . . . . . . .. I General Requirements-pnncipal references to ................. 2.6. 4.4. 6.4. 6.6-6.7. 6.23 .1 I I Giving Notice ........................................ 17.1 Guarantee of Work-by Contractor................... 13.1 I Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.30-6.32. 7.5 Inspection. Final .................................... 14.11 Inspection. Tests and .................................. 13.3 Insurance. Bonds and-tn genera! ....................... 5 Insurance. Certificates of ........................... 2.7,5 Insurance--(;ompleted operations . . . . . . . . . . . . . . . . . . . . ., 5.3 Insurance. Contractor's Liability ...................... 5.3 Insurance. Contractual Liability ....................... 5.4 Insurance. Owner's Liability .......................... 5.5 Insurance. Property .............................. 5.6-5.13 Insurance-Waiver of Rights ......................... 5.11 Intent of Contract Documents ................... 3.3. 9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions. . . . . . . .. . . .. . . . . .. 4.1 1 I 1 I Labor. Materials and Equipment .................. 6.3-6.5 Laws and Regulations---.iefinition of ..................... 1 Laws and Regulations-genera! ........... ............ 6.14 Liability Insurance-Contractor's ..................... 5.3 Liability Insurance-Owner's ......................... 5.5 Liens---.iefinitions of ................................ 14.1 Limitations on Engineer's Responsibilities ..................... 6.6.9.11. 9.13-9.16 1 I Materials and equipment-fumished by Contractor .... 6.3 Materials and equipment-oot incorporated in Work .............................. 14.2 Materials or equipment-equivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Multi-prime contracts ................................... i I I Notice. Giving of ......................... ....... ..... 17.1 Notice of Acceptability of Project ................... 14.13 Notice of A ward-definition of .......................... I Notice [0 Proceeci-definition of ......................... 1 Notice to Proceed-giving of .......................... ::.3 1 I "Or-Equai" Items ..................................... 6.; Other contractors .......................................; Other work .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. i Overtime Work-prohibition of . .... .. .. ...... .. .. ... .. 6.3 Owner-definition of .................................... 1 Owner May Correct Defective Work................. 13.14 Owner May StOP Work. . . ... ... .. .. ... ...... ... .. .:. 13.10 Owner May Suspend Work. Tenninate .......... 15.1-15A Owner's Duty to Execute Change Orders ............. 11.3 Owner's Liability Insurance........................... 5.5 Owner's Representative-Engineer to serve as ........ 9.1 Owner's Responsibilities-in general .................... S Owner's Separate Representative at site............... 9.3 I 1 1 I Partial Utilization .................................. 14.10 Partial Utilization-ietinition or ......................... I Partial U tiliz:mon-Property Insurance ............... 5.15 Patent Fees and Royalties ............................ 6.1:: Payments. Recommendation of ........... 14.4-14.7.14.13 Payments to C.lOtractOr-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 Physic::U Conditions ................................... 4.1 Physical Conditions-Engineer's revlew ............. 4.2.4 Physical Conditions---existing strUctures.. . . . .. .. .. .. 4.2.2 Physical Conditions-explorations and repons ....... 4.2.1 Physical Conditions-possible document change ..... 4.2.~ Physical Conditions-price and time adjustments .... ~.1.5 Physical Conditions-report of differing ............. 4.2.3 Physical Conditions-U nderground Facilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ..................................... 1 Premises. Use of ................................ 6.16-6.18 Price. Change of Contract .............................. 11 Price-Contract-definition 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 Representatio~provision for ................. 9.3 Project Representative. Resident-definition of .......... I Project. Starting the ................................... :;,4 Property Insurance............................... 5.6-5.13 Property Insurance-Partial Utilization ............... 5.15 Property Insurance-Receipt and Application of Proceeds ................................... 5.12-5.13 Protection. Safety and ........................... 6.20-6.21 Punch list ........................................... 14.11 Recommendation of Payment.................. 14.4. 14.13 Rct:ord Documents ................................... 6.19 Reference Points ...................................... 4.4 Regulations. Laws and ............................... 6.14 Rejecting Defecrive Work ............................. 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not E;tclusive ............................. 17.4 Removal or Correction of Defecrive Work ........... 13.11 Reside:nt Project Representative--definition of ....... . . .. I Resident Project Representative-provision for........ 9.3 Responsibilities. Contractor's-in general ............... 6 Responsibilities. Engineer's-in genera! ................. 9 Responsibilities. Owner's-in general.................... 8 Retainage ............................................ 14.2 Reuse of Documents .................................. 3.5 Rights of Way, ....................... ................. ~.l Royalties. Patent Fees and ........................... 6. I::! Safety and Protection....... 6.20-6.21, 18.1-18.2 Samples ......................................... 6.lJ-6..:!8 Schedule of progress ........ :;.6.2.8-2.9.6.6. 6..:!9. 15..:!.6 Schedule of Shop Drawing submissions...................... ::.6.1.8-2.9. 6..:!3. 14.1 Schedule of values ...................... ::.6. 2.8-2.9. 14. I Schedules. Finalizing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. :;.9 Shop Drawings and Samples. .. .. .., . .... . . .. . . .. 6.23-6.28 Shop Drawings--de:tinition of . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Shop Drawings. use: to approve substitutions ...................................... 6. i.3 5 1 1 Site. Visits t()-by Enginccr ........................... 9.2 I Specifications-de~nition of ............................. 1 Starting ConstrUcuon. Before.. . . . . ~ . . . . . . . . . . . . . .. 2.5-2.8 Starting the Project .............. ~ . . . . . . . . . . . . . . . . . . . .. 204 Stopping Work-by ContraCtor........... ............ 15.5 I Stopping Work-by Owner .......................... 13.10 Subc:ontractor-definition of ............................. 1 Subcontractors--in general ....................... 6.8-6.11 Subcontracu--requircd provisions ............5.11.1. 6.11 I 1104.3 Substantial Completion-certification of .............. 14.8 . Substantial Completion--definition of . . . . . . .. . . . . . . . . . . .. 1 Substitute or "Or-Equal" Items _...................... 6.7 I Subsurface Conditions. . . . . . .. . . ... . . . . . . ... .. . .. .. 4.2-4.3 Supplemental costs ................................. 11.4.5 Supplementary Conditions-definition of ................ 1 1 Supplementary Conditions-principal references to .. 2.2.4.2.5.1. 5.3. 5.6-5.8. 6.3. 6.13. 6.23. 704.9.3 Supplementing Contract Documents ............... 3.4-3.5 1 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. 1304. 14.12 Surety-consent to payment....... ........... 14.12. 14.14 1 Surety-Engineer has no duty to ..................... 9.13 Surety-notice to .......................... 10.1. 10.5. 15.2 Suretv-<lualification of ........................... 5.1-5.2 I Suspc;ndi~g Work. by Owner ......................... 15.1 Suspension of Work and Termination-in general....... 15 Superintendent--Contractor's ......................... 6.2 Supervision and Superintendence.. ................ 6.1-6.2 I Taxes-Payment by ContraCtor. . . . . . . . . . . . . .. . . . . . . .. 6.15 T ermination-by Contractor.. . .. .. .. . .. .. .. .. .. .. . ... 15.5 Termination-by Owner......................... 15.2-1504 I Termination. Suspension of Work and-in general ...... 15 Tests and Inspections ........................... 13.3-13.7 Time. Change of Contract .............................. 12' I I 1 I I I 1 Time. Computation of ................................ 17.2 Time. Contraet-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~eneral ................. 11.9. ]4.1. 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 Yalues. Schedule of ......................... 2.6.2.9. 14.1 Variations in Work-Authorized............ 6.2.5.6.27.9.5 Visits 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 Warrantv of Title. Contractor's....................... 14.3 Work. Access to ..................................... 13.2 Work-by others ........................................ 7 Work Continuing During Disputes .................... 6.29 Work. Cost of ................................... 11.4-11.5 Work-definition of ..................................... I Work Directive Change-definition of ................... 1 Work Directive Change-principal references to ............................ 304.3. 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 Amendmenl-definition of ...................... 1 Written Amendment-principal references to ..................... 3.4.1.10.1.11.2.12.1 6 I I GENERAL CONDITIONS lo\RTICLE I-DEFINITIONS. Wherever used in these Generdl Conditions or in the other Contract Documents the following terms have the meanings lindicated which are applicable to both the singular and plural thereof: IAddenda-Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the bidding documents or the Contract Docume:nts. I Al!reemelll- The written agreement between OWN ER 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 Applicatioll .Ii)r PaYlIlellt- The form accepted by ENGI- NEER which is to be used by CONTRACTOR in requesting I progress or final payments and which is to include such sup- porting dOl:umentatlon as IS reqUIred by the Contract Documents. 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 Bonds-Bid. performance and payment bonds and other instruments of securit y. 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 I on or after the Effecti\'e Date of the :\greement. I COll/raer Docl//Ilents- The Agreement. .\ddenda I which per- tain to the Contract Documents). CONTRACTOR's Bid I including documentation accompanying the Bid and any post- Bid documentation submitted prior to the Notice of Award) when attached 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 with all amend- ments. modifications and supplements issued pursuant to paragraphs 3A and 3.:\ lln or after the Effective Date of the .\greement . 1 I I CVlI1ract Price-The moneys payable by OWNER 10 CON- TRACTOR under the Contract Documr:nts as stated in thr: Agreemr:nt (subje:ct to the provisions of paragr.lph 11.9.1 in the case: of Unit Price Work). I COlltrt/CI Tilllc- The number of days (computed :IS provided in paragraph 17.2) or [hr: date stated in the: Agreement for the compktion of the: \Vork. I CONTRA CTOR- The person. firm or corpor..ltion with whllm OWN ER has entere:d inlo the Agre:emr:nt. I defecti,'e-An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. or does not conform 10 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 14.10\. Drawings-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 ret'erred to in the Con- tract Documents. Effeui,'e Date of tire Agreemell1- The date indicated in the Agreement on which it becomes elfective. 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 parties to sign and deliver. E.VCIN EER- The person. firm or corporation named as such in the Agreement. Field Order-A wrilten 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. Celleral Requiremell1s-Sections of Division 1 of the Speci- fications. Lall's and Regulations: Lall's or Regulations-Laws. rules. regulations. ordinances. codes and/or orders. Xvtice of Award-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 and deii\'er the :\greemenl. Sorice TO Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEERl fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to ~erform CONTRAC- TOR'S obligations under the Contract Documents. O~\/NER- The public body or authority. corporation. asso- ciation. lirm or person with whom CONTRACTOR has entered into the Agreement :md for whom the Work is to be provided. PartillILirili;:ario/l-Placing a ponion of the Work in service for the purpose for which it is intended (or a related purpose) before real:hing Substantial Completion for all the Work. Prc~ieCl- The IOtal construction of which the Work to be provided under the Contract Documents may be the whole. or a pan as indiCJted elsewhere in the ContraCl Documents. Rl'sidell1 Pn~ic('t Rcpre.H'IIt1/ti,'e- The aUlhorized represen- lative of E~GINEER who is assigned 10 the site or any part thereof. 7 I I Shop Drawings-All drawings, diagrams. illustrations, I schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations. brochures. staitdard schedules. perfor- mance chans. instrUctions.-diagrams and other information I prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those ponions of the Contract Documents consisting of written t!=chnicaJ descriptions of materials. equipment. const!''Uction systems. standards and workman- ship as applied to the Work and cenain administrative details I applicable thereto. '1 Subcontractor-An individual. finn or corporation having a direct contract with CONTRACTOR or with any other Sub- I contractor for the performance of a part of the Work at the site. SubstamiaJ Completion-The Work (ora specified pan thereof) I has progressed to the point where. in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion. it is sufficiently complete. in accordance with the Contract Documents. so that the Work I (or specified part) 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 1 terms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comple- tion thereof. I Supplementary Conditions-The part of the Contract Docu- ments which amends or supplements these General Condi- tions. I Supp/ier-A manufacturer. fabricator. supplier. distributor. materialman or vendor. I Underground Facilities-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. sewage and drainage removal. traffic or other control systems or water. I I Unit Price Work-Work. to be paid for on the basis of unit pnces. I Work-The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- fonning services. furnishing labor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contract Documents. 1 I Work Directive Change-A written directive to CONTRAC- TOR. issued on or after the Effective Date oi 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 under 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 parties 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 parties as to its effect. if any, on the Contract Price or Contract Time as provided in paragraph 10.2. Writren Amendmenr-A wrinen amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2-PRELlMINARY MATTERS Delivery of Boruis: 1.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACfOR shall also deliver to OWNER such Bonds as CONTRACfOR may be required to furnish in accordance with paragraph 5.1. Copin of DocumefllS: 1.1. OWNER shall furnish to CONTRACfOR 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. CommencemefU of Contract Time: No~t 10 Proceed: :.3. The Contract Time will commence to run on the thirtieth 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 thirtieth day after the Effective Date of the Agreement. whichever date is earlier. Suuting the Project: 1.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run. but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Suuting ConstrUction: 1.5. Before undenaking each part of the Work. CON- TRACfOR shall carefully study and compare the Contract Documents and check and verify peninent 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 ha ve 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: I 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 OWNER) which CONTRACTOR is requIred to purchase and maintain in Jccordance with para~raDhs 5.3 and 5.~. and OWN ER shall deliver (0 CONTRACTOR certltlcates \ and other evidence at' insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7. I I I PreconstTuction Conference: 2.8. Within twenty days after the Effective Date of the Agreement. but before CONTRACTOR stans the Work at the site. a conference attended by CO~TRACTOR. E:--lGI- NEER and Ll1hers as appropriate will be held to discuss the scheduks ret'erred to In paragraph 2.6. to discuss procedures for handling Shop Drawings and other submittals and for processing :\pplications for Payment. and to establish a working understanding among the panies as to the Work. I I I Finali:ing Schedules: 2.9. :\tleast ten da\s before submission oftht: tirsl .-\prli- cation for Pa\'ment a conference attended by CONTRAC- TOR. E:--lG IN E ER and others as appropriate will be held to nnaliu th.: ,;-:;'eduk:~ 'iubmitted in :lc;;ordance with par:l- 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 of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTE:--lT. AMENDING. REUSE I nlent: 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 governmental authority. whether such reference be specific or by implication. shall mean the latest standard specification. manual. code or LJ\\'s or Regulations in effect at the time of opening of Bids (or. on the Effective Date of the Agreement if there were no Bids I. except as may be otherwise specifically stated. However. no provision of any referenced standard specification. manual or code (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 consuitants. agents or employ- ees from those set fonh in the Contract Documents. nor shall it be effective to ;lssign [0 ENGINEER. or any of E~GI- NEER's consultants. agents' or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or :luthority to undertake responsi- bility contrary 10 the provisions of paragraph 9.15 or ':1.16. Clarifications and interpretations of the Contract Documents "hall be issued by E:--lGINEER as provided in paragraph 9.~. 3.3. If. during the performance of the Work. CONTRAC- TOR nnds a conflict. error or discrepanc\' in the Contract Documents. CONTRACTOR shall so repon to ENGINEER in writing at once and before proceeding with the Work alfected thereby shall obtain a wrilten interpretation or claritication 9 I I from ENGINEER: however. CONTRACTOR shall not be Ele to OWNER or ENGINEER for failure to repon any ict. error or discrepancy in the ContraCt Documents ess CONTRACTORhad actual knowledge thereof or should reasonably have'known thereof. Lnding and Suppieme1lling ConlTtlCl Documenu: 3.4. The Contract Documents may be amended to pro- ~e for additions. deletions and revisions in the Work or to llxiify the tenns and conditions thereof in one or more of the following ways: I 3.4.1. a fonnal Written Amendment. 3.4.2. a Change Order (pursuant to paragraph 10.4), I or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1 I. Is indicated in paragraphs 11.2 and 12.1. Contract Price and Contract Time may only be changed by a Change Order or a fritlen Amendment. 3.5. In addition, the requirements of the Contract-Docu- ments may be supplemented. and minor variations and devia- f'ons in the Work. may be authorized. in one or more of the oUowing 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.:!7l. or I 3.5.3. ENGINEER's written inte~retation or clarifi- cation (pursuant to paragraph 9.4). IReuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization perfonning or fur- In~Shing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings. Specifications or other docu- ments lor copies of any thereot) prepared by or bearing the I seal of ENGINEER: and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written . "erifim;on n. adaotadna by ENGINEER. ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL 1 CONDITIONS: REFERENCE POINTS A llailabilily 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 penna- 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. Physical Conditions: 4.2.1. Exp/orations and Reports: Reference is made to the SupplementarY Conditions for identification of those repens 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. inte~reta- 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 Structures: Reference is made to the SupplementarY Conditions for identification of those drawings of physical conditions 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 pu~oses. Except as indicate.d in the immediatelv 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. . Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2.j.l. any technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.:.1 and 4.1.1 is inaccurate. or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated. reflected 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 permitted by para- graph 6.221. notify OWNER and ENGINEER in writingtabout the inaccuracy or difference. 10 I 1 L!.4. ENGINEER's RHiell': E~GINEER will promptly review the peninent conditions. determine the necessit y of obtaining additional e;l;plor.llions or tests with respect thereto and advise OWN ER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. I I 4.2.5. Po.uihle Document Chllnlle: 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 reflect and document the consequences of the inaccuracy or difference. I I 4.2.6. POJSihle Price and Tillie Adjllstlllellts: In each such case. an increase or decrease in the Contract Price or an extension or shonening of the Contract Time. or any combination thereof. will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWN ER and CONTRACTOR are unable to agree as to the amount or length thereol. a claim may be made therefor as provided in Articles 11 and 12. I I I Physical Condilions-Cnderground Facilities: 4.3.1. Sholl'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 ENGINEER 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 4.3.1.~. CONTRACTOR shall have full responsi- bility for reviewing and checking ail 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. (he cost of all of which will be considered as having been included in the Contract Price. I I I 4.3.2. :Vot ShO\\'ll or IlIdicated. If an Underground Facility is uncovered or revealed at or contiguous to the ,ite which was not shown or indicated in the Contract Documents and which CONTRACTOR coulJ not reason- abl\' have been expected to be aware of. CONTRACTOR shall. promptl\' afler becoming aW;.Jre thereof and before performing any Wt)rk affected therebv lexcept in an emer- gency as permilteJ t\\" paragraph 6.22l. identify the owner of such Underground Facility and give wnlten notice thereof to that owner and tt) OWNER and E~GINEER. ENGI- ~EER \\111 rromptl~' n:view [he LnJergrounJ Facilil\' to I I I determine the extent to which the Contract Documents should be modified [0 retlect 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.:!0. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time. or both. to the extent that they are attributable to the nistence 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. Reference Points: ~.4, OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER'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 Gl::neral 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 repon 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: .:'.1. CONTRACTOR shall furnish performancl:: and pay- ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due. except 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. .-\11 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 the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring C um- panies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Depanment. All Bonds signed by an agent must be ac\:ompanieJ by a certiried .;opy of the authority to act. 5.2. If the surety on any Bond furnisheJ by CONTR.\C- TOR is declared a bankrupt or becomes insolvent or its right ll) do business is tt:rminateu in any state where any pan of II I I the Project is located or it ceases to meet the requirements (paragraph 5.1. CONTRACTOR shall within five days ereatter substitute another Bond anQ Surety, both of which ust be acceptable to OWNER. . IOnlTa&IDr'S Liability Insrurmce: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is tproPriate for the Work being performed and furnished and will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's perfor- Ece and furnishing of the Work and CONTRACTOR's 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 Wy of them to perform or furnish any of the Work. or by ryone for whose acts any of them may be liable: 5.3. \. Claims under workers' or workmen' s compen- 1 sation. disability benefits and other similar employee ben- efit acts: 5.3.2, Claims for damages because of bodily injury, 1 occupational sickness or disease. or death of CONTRAC- TOR's employees; I 5.3.3. Claims for damages because of bodily injury, sickness or disease. or death of any person other than CONTRACTOR's employees: I 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained la) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or I (bl by any other person for any other reason: 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. IThe 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- Itary 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 (or the I certificates or other evidence thereot) 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 CONTRACTOR may be correcting, removing or replacingdefectivt' Work in accordance with paragraph 13.12. In addition. CONTRACTOR 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. COtll1Y1CtIUJl Liability I nsurtlIICe: 5.4. The comprehensive general liability insurance required by paragraph 5.3 wilI include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. Owrur's Liability Insurance: 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. ProIH'" Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions. OWNER shall purchase and maintain property 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 Regulations l. 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 parties. 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 (including but not limited to fees and charges of engineers. architects. attorneys and other professionalsl. If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions. CONTRACTOR shall . purchase and maintain similar property insurance on portions of the Work slOred on and ofT the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWN ER 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 parties. 12 I I 5.8. All the policies of insurance tor the certificates or other evidence thereof) required to be purchased and main- I 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 1 given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. 5.9. OWNER shall not be responsible for purchasing and I maintaining any property insurance to protect the intert:sts of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the I Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub- contractor or others suffering any such loss and if any oithem wishes property insurance coverage within the limits of such I amounts. each may purchase and maintain it at the purchas- er's own expense. 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. E~GI- :--lEER. E~GI~EER'5 consultants and all other parties named as insureds in such policies for losses and damages so caused. .-\s 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 OW~ER as trustee or otherwise pay- .lble under any policy so issued. I 1 I I I 1 5.11.2, OWNER and CONTRACTOR intend that any policies pro,'ided in response to paragraphs 5.6 and 5.7 5hall protect all of the panies insured and provide primary coverage for all losses and damages caused by the perils co"ered thereby. A.:cordingly. all such policies shall con- tam provisions (0 the effect that 10 (he event of payment of any loss or dam<l!,!e the insurer wlil have no rights l)f rei,;o\'ery against an\' of the parties named as insureds ,lr additional insureds. and if the insurers require 5eparate waiver forms (0 bt: signed by ENGINEER or ENGI- N E ER" s Cllnsulwnt OWN E R will 'lnlain the same. and if I I I such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same. Receipt and Appl~arion 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 panies 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. Acceptance of Insurance: 5.14, If OWNER has any objection to the coverage afforded by or other provisions of the insurance reql:ired to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5 A 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 Ihe 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 no~ 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- tional information in respect of insurance 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 purchased by the olher as comply 109 with the Contract Documents. Partio.l L'ti/i:ation-Properry Insurance: 5.1S. If OWNER finds it necessarv to O\;cupy 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- rlished in aCi,;ordam:t: with paragraph I~.IO: provided that no 13 I I such use or occupancy shall commence before the insurers providing the propeny insurance have acknowledged notice thereof and in writing effected the chan~es in covera~e 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 1 I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES I Supervision and Superinutuhnce: 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 perform 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 6.1. CONTRACTOR shall keep on the Work at all times during its progress a competen~ 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. 1 I I LDb.or. MaterUUs and Equipment: 6.3. CONTRACTOR shall provide competent. suitably qualified personnel 10 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 performed during regular working hours. and CONTRACTOR will not permit ovenime work or the performance 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. transponation. 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. performance. 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 performance of the Work or any duty or author- ity to undenake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Prog~ss Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 1.9) adjust- ments in the progress schedule to reflect the impact thereon of n~w 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. Substilules or "Or.EqlUll" 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 ProjeCtlto adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment 01' any license iee or 14 I I royalty. All 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 contractors affected by the resulting change. all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data obout the proposed substitute. I I I 6.7.:'. Ifa specific means. method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may turnish or utilize a substitute 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 that provided in paragraph 6.7. I as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. I 1 1 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 [hereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER tor the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. I I I 1 I Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shoJi not employ any Subcon- tractor. Supplier or other person or organization I including those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.:'). \....hether initially or as a substi- tute. against whom OWNER or ENGINEER may ha\'e reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person llr organization to furnish or perform any of the W llrk against whom CONTRACTOR has reasonable objectil1n. 6.8.:'. If the Supplementary Conditions require (he identity of cenain Subcontractors. Suppliers llr other per- sons or llrganizations (including (hose who are to furnish the principal items of matermls and cquipmenllto be sub- mitted to OWNER in advance of the specified Jate prior to the EIT..:ctive Oat..: of the :\greemenl for acc..:nrance b\' I I I I I OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance ieither in writing or by. failing to make written 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 defecril"/! 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 the 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 orga'nization 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 trade. 6. II. .-\11 Work perl'ormed for CONTRACTOR by a 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 5.1 I. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received bv CONTRACTOR on account of losses under pol- icies issued pursuant to par.lgraphs 5.6 and 5.7. Patent Fees and Royalties: 6.1:'. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the perl'or- mance of the Work or the incorporation in the Work llf any invention. design. process. product or device which is the subject of patent rights or copyrights held hy lllhers. If a particular invention. design. process. product or device is specified in the Contract Documents for use in the pettor- mance ofth..: Work and iftllthe actual knowledge ofOW'JER 15 I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license iee or royalty to others. I 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 I against all claims. damages. losses and expenses (including attorneys' fees and coun and arbitration costs) arising out of any infringement of patent rights or copyrights incident to I 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 Documents. and shall defend all such claims in connection with any alleged infringement of such rights. 1 I Permils: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con. struction pennits and licenses. OWNER shall assist CON- I TRACTOR. when necessary. in obtaining such pennits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. 1 which 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 I such utility owners for capital costs related thereto such as plant investment fees. I UlWS and ReguUuions: I 6.14.1. CONTRACTOR shall 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 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 perfonns 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. jt shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. I I I I TlUes: I 6.15. CONTRACTOR shall pay all sales. consumer. use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations oi the I place of the Project which are applicable during the perfor- mance of the Work. Un of Premises: 6.16. CONTRACTOR shall confine consuuction 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 pennined by the ContraCt Documents and other land and areas pennitted by Laws and Regulations. rights- of-way. pennits and easements. and shall not unreasonably encumber the premises with consuuction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility 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 performance 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 attempt to settle with such other party 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 harmless from and against all claims. damages. losses and expenses (including. but not limited to. fees of engineers. architects. attorneys and other professionals and court and arbitration costs) arising directly. indirectly or consequentially out of any action. legal or equi- table. brought by any such other party 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 materials. 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 all tools. appliances. construction equip- ment and machinery. and surplus 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. ~ONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it, Record Documents: 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 interpretations 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 counterpart of all approved Shop Drawings will be avaiiable to ENGINEER for reference. Upon com- 16 I I pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER. I I Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supervising all safety precautions and pro- grams 10 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 Joss to: I I 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby: I 6.20.2. all the Work and materials and equipment to be incorporated therein. whether in storage on or off the site: and I 6.20.3. 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 may alTect 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 6.20.2 or 6.20.3 caused. directly or indirectl\'. in whole or In part. by CONTRACTOR. an\' Subcontractor. Supplier or any other person or orgamzallon directly or indi- rectly employed by any of them to pert'orm or furnish any or the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWN ER or ENGINEER or anyone employed bv either of them or anyone for who~e acts either of them may be liable. and not attributable. directly or indi- rectly. in whole or in part. to the fault or negligence of CO:-.;- TR.\CTORl. CONTRACTOR's duties and responsibilities for the saret\' and protection or the Work shall continue until such lime as;.lll the Work is completed and ENGI~EER h;.lS issued a notice to OWNER ;.lnd CONTRACTOR in accord- ance \\Ilh paragraph 14.13 that the Work is ;.lcceplable (except as otherwise e .xpressly provided in connection \\ ith Substan- tial Cumplellonl. I I I I I I I I 0.':: I. CONTRACTOR shall designate a respl1nsible rep- reSenUlI\'e :11 the ,ite whose dut\' ,hall be the rre\'enlion ,H' aCCidents. rhis per~on shall be CONTR.\CTOR's superin- tendent unless ulherwise designated in writing by CO~- TR.\CTOR III OW'l ER. I I Emergencies: 6.22. 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 significant 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 Samples: 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 t see para-' graph 2.91. or for other appropriate action if so indicated in the Supplementary Conditions. five copies (unless otherwise specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete 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. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work. all samples required by [he 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. SlJPplier. pertinent data such as catalog numbers and the use for which intended. 6.25.1. Before submission of each Shop Drawing or sample CONTR.\CTOR shall ha\'e determined :lnd 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 Shup Drawing or sample with other Shop Drawings and samples and with the requirements of [he Work and the Contract Documents. 6.25.2. .\t the time llf each submissiun. CONTR.\C- TOR shall give ENGIN EER spel.:iric wrilten notice ufe:lch variatiun that the Shup Drawings ur samples may have from the requirements llf the CllntraCt Documents. and. in additillO. shall C:lUSC :1 sflecinc nOlallun IU he made un 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 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. 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 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 by ENGINEER on previous submittals. I I I I I 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requiremenls of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.15.2 and ENGINEER has given written 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 6.15.1. I 1 I I 6.28. Where a Shop Drawing or sample is required by the Specifications. any related Work periormed pnor to ENGI- NEER's revIew and approval of the pertinent submission will be the sole expense and responsibility of 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 disagreemenls. except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwlse agree in writing. I I / tuUmnification: 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 out 0\ or reSUlting 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. or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent 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 part 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 perform or furnish any of the Work 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 organization 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, repons, surveys. Change Orders. designs or specifications. ARTICLE 7-OTHER WORK R~Uu~d Work at Sile: 7.1. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces. have other work 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 work: 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 11 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 work. 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 I TRACTOR shall not endanger any work olothers 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 :he 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 OWN ER and such utility owners and other contractors. I I I 7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner lor OWNERl. CONTRACTOR shall inspect and promptly report 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 report 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. 1 I I Coordination: I 7.4. If OWN ER 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. I I I :\RTICLE 8-0WNER'S RESPONSIBILITIES I 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. I 8.2. 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. .-\ny dispute in connection with such appoint- ment shall be subject to arbitration. I I 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. I 8.4. OWN ER's duties in respect 01 providing lands and easements and providing engineering surveys to establish relerence points are set forth in paragraons 4.1 and 4.4. Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies ofrepons of explorations and tests 01 ,uh'11l1ace cl1nditions at the site and in existing struc. I I tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth 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 forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13.10 and 1).1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Owner's Represenliltive: 9.1. 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 forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 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;-.lGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's dfons will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform 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 Representation: 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authority of any such Resident Project Representative and assistants Will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWN ER at the site who is not ENGINEER's agent or employee. the duties. responsibilities and limitations of authority of such other [1erson will he as provided in the Supplementarv Conditillns. 19 I I CUuijiazlions tuUi lnul'pnlalions: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or othelWise) as ENGINEER may determine necessary. which shaH be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and ~e panies are unable to agree to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Anicle 11 or Article 12. I I '1 I A uthoriud Variations in Wort: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents 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 perform 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 panies are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Anicle II or 12. I I I 1 Rejecting Defective Wort: 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. installed or completed. I I Shop Drawings, Change Orders and Payments: 9..7. In connection with ENGINEER's responsibility for Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive. 1 I 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Anicles 10. II and 12. 1 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment. etc" see Anicle 14. I De'erminalions for U nil Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Application for Payment or otherwise!. ENGI- NEER'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 pany to the A.greement and I I I to ENGINEER written notice of intention to appeal from such a decision. Decisions on DisplllU: 9.11. ENGINEER will be the initial intefl)reter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims. disputes and other maners relating to the acceptability of the Work or the intefl)retation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Anicles 11 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 formal 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 party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other party 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 intefl)reter 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 interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 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 maner. Limiuu:ions on ENGINEER's ResponsibililUs: 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 performing any of the Work. orto any surety for any of them. 9.14. Whenever in the Contract Documents the terms "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 I. The use of any such lerm or adjective shall not be 20 1 I effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or pert'ormance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. I 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 pert'ormor furnish the Work in accordance with the Contract Documents. I 1 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 performing or furnishing any of the Work. 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 time or from time to time. order additions. deletions or revisions in the Work: these 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 performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 1 1 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 II or :\rl1c1e 12. I 1 10.3. CONTRACTOR shall not be enl1tled to 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 supple. mented as provided in paragraphs 3.4 and 3.5. except in the case Ol 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 I lOA. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Wrillen Amendments) co\'ering: I 10A.I. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1. are required because of acceptance Ol Jej~cr;\'e Work under paragrapn 13.1.~ llr correcting ddee';I'e Work under paragraph 13.1~. or are ;Jgreed to b\ [he panies: I IOA.2. changes in the Contract Price or Contract Time which are agreed to hv the p;.Irlies: and I 10.4.3. changes in the Contract Price or Contract 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 II-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without 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 thirtv davs) after the occurrence of the event giving rise to the ~lai~ and stating the general nature of the claim. Notice of the amount of the 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- sequentiallto 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 agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph II.:!. 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 the Contract Documents. bv applica- tion of unit prices to the quantiues of the ilems involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3. inclusive!. 21 1 .1 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 1 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). 1 COSI of the Work: 11.4. The term Cost of the Work means the sum of all I costs necessarily incurred and paid by CONTRACTOR in 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: 1 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 conaibutions. 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 I I I 1 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans.. porution 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 oblained. I I I 11.4.3. 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 Fee. the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC. TOR's Cost oi the Work. All subcontracts shall be subject I 1 1 to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to'engineers. architects. testing laboratories. sur- veyors. attorneys and accountants) employed for services specifically related 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 incurred in discharge of duties con- nected with the Work. 11.4.5.2. 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. 11.4.5.3. Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements 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 ilgrecments. The rental of any such equipment. machin- ery or pans shall cease when the use thereofis no longer necessary for the Work. 11.4.5.4. Sales. consumer. use or similar taxes related to the Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations. 1\.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 of 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 of the Work (except losses and damages within the deductible amounts of propeny insurance established by OWNER in accordance with paragraph 5.91. 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 1 I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. I I 11.4.5.7. The cost of utilities. fud and sanitary facilities at the site. 1 11,4.5.8. Minor expenses such as telegrams. long distance telephone calls. telephone service at the site. e:<pressage and similar pelly cash items in connection with the Work. I 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance 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 \Vork shall not include any of the following: 1 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers. executives. pnncipals (of panner- ship and sole proprietorships). general managers. engi- neers. architects. estimators. allorneys. auditors. accoun- tants. purchasing and contracting agents. exp~ditors. timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a bianch 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. 1 1 1 I 11.5.2. Expenses l'f CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 1 11.5.3. ..>...ny pan otCONTRACTOR's capital 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 and for all insurance whether or not CONTRACTOR is required \:'l,' the Contract Documents 10 purchase and maintain the .;;ame (except for the cost of premiums covered by sub- paragraph 11.4.5.9 above). I I 11.5.5. Costs due to the negligence of CONTRAC- TOR. any Subcontr:lctor. or anyone directly or indirectly employed tw any of i~-:m or tor who~e acts any of them may be liable ;r.cl'ldin!; but not Iim;teJ to. the correction of dt'1<'1 ;:. '.' 'ur\.;. Jispos,1i l,r matcrial, or equipment wronglv,,,. ,,! ;'. .: ....ak:r.g good any damage to prop- ert'.. I I 11.5.6. Other tl\"erhead or general expense costs llf any kind and the CllstS of any item not specifically and c\ore"l\ included in paragraph II.J. I CONTRACTOR's Fee: 11.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall 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 portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. 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 f.ve 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 11A.4. IIA.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 a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease: and 11.6.2.5. when both additions and credits are involved in anyone 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 11.6.2A. inclusive. 11. i. Whenever the cost of any Work is to be determmed pursuant to paragraph 11.4 or 11.5. CONTRACTOR will submit in form acceptable to ENGINEER an ilemized cost breakdown together with supponing data. Cash Allowances: 11.8. It is understood that 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 acceptable 10 ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON- TRACTOR (Jess any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv- ered at the site. and all applicable taxes: and I \.8.~. CONTR.'\CTOR's (;Osts for unloading and handling on the site. labor, installation costs. overhead. profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the 23 1 I allowances. No demand for additional payment on account of any thereof will be valid. I Prior to final payment. an appropriate Change Order will 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 Price Work: 11.9.1. Where the Contract Documents provide that all or pan 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 U nit 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 determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. I I I I 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR' s overhead and profit for each sep- arately identified item. I 1 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR 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 Work 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 Corio tract Price it! accordance with Anicle 11 if the panies are unable to agree as to the amouni of any such increase. I I I ARTICLE 12-CHANGE OF CONTRACT TIME I 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party malting the claim to the other. pany and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim w;th supporting data shall be deliv. ered within sixty days after such occurrence (unless ENGI. NEER allows an additional period of time to ascertain more accurate data in support 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 determined by ENGINEER in accordance with para- graph 9.1 I if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in' the Contract Time will be valid if not submined in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR 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 performing additional work as contemplated by Article 7. or to fires. floods. labor disputes. epidemics. abnormal 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 court and arbitration costs) for delay by either pany. ARTICLE 13-W ARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIYE WORK Wamuuy and GlUJl'DllUc: 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 defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work. whether or not in place. may be rejected. corrected or accepted as provided in this Article 13. Accas to Work: 13.2. ENGINEER and ENGINEER's representatives. either representatives of OWNER. testing 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 and Inspections: 13.3. CONTRACTOR shall give ENGIN EER timely notice of readiness of the Work for all required inspections. tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereoflto specifically be inspected. tested or approved. CONTRACTOR shall assume full responsibility therefor. pay all costs in connection therewith and furnish ENGINEER the required certificates oi inspection. tesung 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 cost 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 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 (or by ENGI1'OEER if so specified), I 1 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 uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR'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 Uncovering Work: 13.8. If any Work is covered contrary to the written request of E~GINEER. it must. if requested by ENGI:"<EER. be unco\'ered for ENG IN EER' s observation and replaced at CONTRACTOR's expense. I I 13.9. If E:"JGINEER considers it necessary or advisabk that 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 may require. that portion of the Work in question. furnishing all necessary labor. material and equipment. If it is found that such \Vork is dt:'kerin'. CONTRACTOR shall bear all direct. indirect :.lOd .:onsequential costS of such uncovenng. <e.\PO- sure. observation. inspection and testing and of ~atisfactor\' reconstruction. (including but not limited to fees and charges of engineers. architects. allorneys and other professionals I. and OWN ER shall be emitled to an appropnate decrease in the Comract Price. anu. if the panies an:: unable to agree as to the amuunt thereuf. mal.' make a claim therefor as provided in .-\nlck II. If. h\l\\ e:\ e:r. such \Vclrk IS not f\'und to be dt:'lt'erin'. CO:-;TRAC rOR ,hall be: alloweu an IOcrease in [he:: ("nlra.:t P:':,'o .: ...1 ..:,;..:n~I,ln u,'lhe Comr:\Cl Time::. ,'r both. dir':cll~ allrJl'utabk Lv such un.:ove::ring. e.\pusure::. obsen'ation. inspection. testing anti reconstructi\'n: and. if the parties arc unabk 1\1 agre::e a~ to the:: amount ,lr e::.\te::nt I I I I I I thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. OWfler May Stop the Work: 13.10. If the Work is defecti\'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 to s~op the Work. or any portion thereof. until the cause for such order has been eliminated: however, this right of OWNER to stop the Work shall not give rise to any duty on the pan of OWNER to exercise this right for the benefit of CONTRACTOR or any other pany. Correction or Removal of Defective Work: 13.1 I. If required by ENGINEER. CONTRACTOR shall promptly. as directed. either correct all defecli\'e Work. whether or not fabricated. installed or completed. or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefectil'e Work. CONTRACTOR shall bear all direct. indirect and 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. One 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, anv Work is found to be defectil'e. CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions. <either correct such ddecril'e Work. or. if it has been rejected by OWNER, remove it from the site and replace it with nantle/eecil'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 defectil'e Work cor- rected or [he rejected Work removed and replaced. and all direct. indirect and consequential costs of such removal and replacement I including but not limited to fees and charges of engineers. architects. attorneys and other professionals} will be paid by CONTRACTOR. In special circumstances where a panicular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that item may start to run from an earlier date if so proviued in the SpecincJtlons ur by Written Amendment. ...I.cceptance of Defectil'e Work: 13.13. If. inste::ad of requiring correction or removal and replacement of ,Iell-eli,'!, Work. O\V~ ER land. prior {O ENGINEER's recommendation of final payment. also ENGINEER) prefers to accept it. OWNER maydo so. CON- TRACTOR shall bear all direct. indirect and consequential 25 I I costs attributable to OWNER's evaluation of and determi. nation to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers. architects. attor- neys and other professionalsl. If any such acceptance occurs prior to ENGINEER's recommendation of final payment. a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work: and OWNER shaH be entitled to an appropriate decrease in the Contract Price. an4. if the panics arc unable to agree as to the amount thereof. OWNER may make a claim therefor as provlded in Anicie 11. If the acceptance occurs after such recommendation. an appropriate amount will be paid by CONTRACTOR to OWNER. I I I I I OWNER May Cornet Defectjllt Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13 .11. or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents. or if CON- 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 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 pan oftbe site. take possession of all or pan 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 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- tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct. indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against 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 Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price.. and. if the' panics are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article II. Such direct. indirect and consequen- tial costs will include but not be limited to fees and charges of engineers. architects. attorneys and other professionals. all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. 1 I I I I I I I I I I I ARTICLE I4-PA YMENTS TO CONTRACTOR AND COMPLETION ScMdllU of VaWu: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Appli&mion for Prognu Paymefll: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied 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 the 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 O~ER 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 and 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 retainagc with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty ofTuu: 14.3. CONTRACTOR warrants and guarantees that title to all 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. Review of Appliallions for PrognJS Paymefll: 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 I representation by ENGINEER to OWNER. based on ENGI- NEER's on-site observations of the Work in progress as an experienced and qualified design proiessional and on ENGI- NEER's review of the Application for Payment and the accompanying data and sched'ules that the Work has pro- gressed to the point indicated: that. to the best of ENGI- N EER' s 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 Comract Documents. to a final determination of quanlities and classifications for Unit Price Work under paragraph 9.10. and to any other qualifi- cations stated in the recommendation I: and that CONTRAC- TOR is entitled to payment of the 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 oi the Work beyond the responsibilities specilically assigned to ENGINEER in the COnlract Documents or that there may not be other matters or issues between the panies that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. I I I I I 1 I 14.6. ENGINEF:R'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 fonh in paragraph 14.13 have been fulfilled. I I 14.7. ENGINEER may refuse to recommend the whole or any pan of any payment if. in ENGINEER's opinion. it would be incorrect to make such representations to OWN ER. ENGINEER may also refuse to recommend any such pay- ment. or. because of subsequenlly discovered evidence or the results of subsequenl inspections or tests. nullify any such payment previously recommended. to such extent as mav be necessary in ENGINEER's opinion to protect OWNER from loss because: I I l~. 7.1. the Work is defecti\'e. or completed Work has been damage? requiring correction or replacement. I 1~.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order. I 14.7.3. OWNER has been required to correct de.f('c- ri"e Work or complete Work in accordance with paragraph 13.1~. or I 14.iA. uf ENGINEER's actual knowledge of the occurrence of any of the evenlS enumerated in paragraphs 15.~.1 through 15.~.9 inclusive. I OWN ER may refuse to makt: payment of the full amount recommended by E:'-JGINEER because claims have been made agamst O\VN ER un accuunt uITONTRACTOR' s per- formance or furnishing uf the Work or Liens have been fikd in connection with the Work or there are other items entitling I I OWNER to a set-off against the amount recommended. but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action, SubstantiDl Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a cenificate 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 ENGIN EER 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 tenlative cenificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the cenificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative cenificate during which to make written objection to ENGINEER as to any provisions of the cenificate or attached list. If. after considering such objec- tions. ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within founeen days after submission of the tentative cenificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If. after consideration of OWNER's objections. ENGINEER considers the Work substantially complete. ENGINEER will within said founeen days execute and deliver to OWNER and CONTRACTOR a definitive cenificate of Substantial Completion I with a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative cenificate as EN G IN EER believes justified after consider- ation of any objections from OWNER. At the time oi delivery of the tentative certificate of Substar.tlal Completion ENG 1- NEER will deliver to OWNER and CONTRACTOR a wntten recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety, maintenance. heal. 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 aiore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have [he ngnt to .:xclude CON- TRACTO R from the Work after the date of Substantial C om- pletion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partwl L"lili:alion: 14.10. Use by OWNER of any finished pan of the Work. which has specificall\' b\:t:n illentified in the Contract Do.:u- 27 I .1 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. rriay be accomplished prior to Substantial Completion of all the Work subject to the follow- mg: I 1 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 agrees. CONTRACTOR will certify to OWNER and ENGINEER that said pan of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pan 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 certif- icate of Substantial Completion for that pan of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspec- tion of that pan of the Work to determine its s.atus 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 pan of the Work to be substantially complete. the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that pan of the Work and the division of responsibility in respect thereof and access thereto. I 1 1 1 I 1 I 14.10.2. OWNER may at any time request CON- TRACTOR in writing to permit OWNER to take over operation of any such part 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 ENGINEER 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 cOITCcted 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 written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety. maintenance. utilities. 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 ENGINEERl. During such operation and prior to Substantial Completion oi such pan of the Work. OWNER shall allow CONTRACTOR reasonable access to complete or COITCct items on said list and to complete other related Work. I I I I I I I 1 14.10.3. No occupancy or separate operation of pan of the Work will be accomplished priono compliance with the requirements of paragraph 5.15 in respect of propeny insurance. FiMl /nspcClion: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final 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~ctiv~. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. FiMl Appliutum for PayflUnt: 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. certificates of inspection. marked-up record documents (as provided in paragraph 6.191 and other docu- ments-all as required by the Contract Documents. and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16). CONTRACTOR may make application for final payment following the pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract 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 alliabor. services. material and equipment for which a Lien could be filed. 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 QWNER to indemnify OWNER against any Lien. FiMl Paymem atui Accepumu: 14.13. If. on the basis of ENGINEER's observation of the Work during constrUction and final inspection. and ENGINEER's review of the final Application for Payment and accompanying documentation-all as required by the Contract Documents. ENGINEER is satisfied that the Work 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 final Appli- cation for Payment. indicate in writing ENGINEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give wrinen notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. 28 1 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 recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 1 1 1 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 portion 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. I. the written consent of the surety to the payment of the balance due for that portion 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 1 1 I I Contractors 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 10 CONTRACTOR under the Contract Documents. nor an\' use or occupancy of the Work or any part thereof b\' OWNER. nor any act of acceptance bv OWNER nor any failure [0 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 anv correction of defectil'e Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation [0 perform the: Work in accordance with the Contract Documents lexce:pt as provided in paragraph 14.16l. I 1 1 I 1 I Wai~'er of Claims: 1~.16. The: making and acceptance of linal pa\ment ,,'ill constitute: I I~ 16.1. a waiv.:r of all claims by OWNER against CO~TR:\CTOR. except claims anstng from unsetlkd Liens. from "d~'cti\"(' Work appe:anng after tinal inspe:c- II,ln pursuant to para~raph I~.II ur frl1m failure III ..:ompl~ \\ Itn tho;: L'llnlract Dlll.:uments or the lerms of all\' spe:cial guarantees specified therein: however. it will nlll consti- rUle a \\ aiv.:r rl\" OWN ER of any nghls in resp~'ct "f 1 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 TERMINA TION Owner May Suspend Work: 15.1. OWNER may. at any time and without cause. sus- pend the Work or any portion thereof 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 Articles II and 12. Owner May TennifUUe: 15.2. Upon the occurrence of anyone or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title I I. 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 to 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 filing. 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 general assignment for the benefit of creditors: 15.2A. if a trustee. receiver. custodian or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointment or authority to take charge of property or' CONTRACTOR is for the purpose of enforcing a Lien against such propeny or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors: 15.2.5. if CONTRACTOR admits in writing an inabil- ity to pay its debts gener:lil\' as they becL1me due; 15.2.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Cuntract Documents ~9 I 1 (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): 1 I 15.2.7. if CONTRACTOR disregards Laws or Regu. lations of any public body 'having jurisdiction: 15.2.8. if CONTRACTOR disregards the authority of ENGINEER: or 1 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 1 permitted by Laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools. appliances, constnlction equipment and machinery at 1 the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials I and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any 1 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 court 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 W<;>rk performed. I 1 I I 1 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. 15.4. 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 (including. but not limited to. fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs). Co1llnlJ:tOr May Stop Work or Temri1uzlc: 15.5. If. through no act or fault of CONTRACTOR, the Work is c;uspended for a period of more than ninety days by OWNER or under an order of court or other public authoritY, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted. or OWNER fails for thirty 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 Work 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 I 1 30 1 I 1 1 1 I I 1 1 I I 1 I I 1 I I I 1 ARTICLE l6--ARBITRATION l6.l All claims, dispu~es 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 Law' in the Superior Court of Richmond County, Georgia. (The remainder. of this page was left blank intentionally.) 31 1 1 1 I '1 '1 I (This page was left blank intentionally.) 1 I I I 1 1 I I I I 1 1 . 32 I I ARTICLE 17-MISCELLANEOUS 1 Giving Notice: 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 corporation for whom it is intended. or if delivered at or sent by registered or cenified mail. postage prepaid. to the last business address known to the giver of the notice. 1 1 CompuJation of Time: 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 1 I 17.2.1. 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 propeny because of any error. omis- I I 1 1 I I 1 I I 1 sion or act of the other pany or of any of the other pany' s employees or agents or others for whose acts the other party is legally liable. claim will be made in writing to the other pany 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 panies hereto. and. in particular but without limitation. the warranties. guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30. 13.1. 13.11. 13.14. 14.3 and 15.2 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 representa- 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 1 I 1 1 I I 1 I I I 1 I 1 1 I I 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 Liability 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-1 I I I 1 I I 1 1 I I I I 1 I I 1 I I I 1.4 TESTING LABORATORY: All testing and laboratory work in 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. (References 4.3, 1.4, 3.2) 1.8 UNDERGROUND UTILITIES: The Contractor shall coordinate with all utility 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. (Reference 6.20) 1.9 SAFETY: 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 . .!!!!!! SECTIONP PROPOSAL . Date: :rUNe ;< s: /99(p , . Gentlemen: .. In compliance with your invitation for bids dated , 19___, the 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: . -. Boykin Road Drainage Improvements Project Number: 51-8775-094 . in strict accordance with the Contract Documents and ln consideration of the amounts shown on the Bid Schedule attached hereto and totaling: . t'~ ;1hw~A( ;C//w,vtJtP€/J 5;;-JlarV ~E k~o h;;e. J,tAJ/),eEC) ~V ~IIIVhvl'S' CGNT5 DOLLARS ($ ;; :2.73/ 4/0,85 .. -. ~. The undersigned 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 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 320 calendar days. :.~ .. - The undersigned acknowledges receipt of the following addenda: II 6-2S-Cj{p - ,;t -- - - ~ --- . P-1 1 1 I I 1 I I I I I I I I I I I I I 1 To remain progressive in this computer oriented age Augusta- Richmond County is making the blank spreadsheet of bid items and quantities available via diskette. It is necessary to have a Lotus based spreadsheet program with the WYSIWYG application to access this tool. In order to obtain a copy, proof of purchase of the bid package must be provided and either a 3.5 inch or 5.25 inch diskette supplied. The spreadsheet will then be copied onto YOUR diskette at no additional charge by Cheryl Nelson in the Finance Department, Room 211 of the Municipal Building. A hard copy of all bid document pages must be turned in for bid as before along with proper bonding. The diskette is NOT a substitute for the bid quote and is NOT to be turned in for the bid quote. P-2 I I BOYKIN ROAD DRAINAGE IMPROVEMENTS PROJECT NUMBER: 51-8775-094 DETAILED ESTIMATE t 06/25/96 08:36:41 AM UNIT . r AMOUNT TEM NO. DESCRIPTION UNIT QTY PRICE I 150-1000 ROADWAY & STORM DRAINAGE ITEMS TRAFFIC CONTROL LUMP 1 $5,000.00 $5,000.00 I i 63-2051 CONSTR, MAINT & REMOVE BALED STRAW EROSION CHECK LNFT 300 $2.00 $600.00 . IIPI-00I0 TE~ORARY SILT FENCE, TP A LNFT 700 $1.45 $1,015.00 I 07-0203 FOUND BKFILL MATL, TP II CUYD I 2,500 $15.50 $38,750.00 I fO-IOOO LUMP SUM CONSTRUCTION LUMP 1 $175,309.00 $175,309.00 18-3000 AGGR SURF CRS TON 1,000 $10.00 $10,000.00 I 02-0116 '" RECYCLED ASPH CONC H, GP 1 OR 2, INCL BITUM MATL & H LIME TON 1,090 $41.65 $45,398.50 1,f2-0120 · RECYCLED ASPH CONC BASE, GP 1 I OR 2, INCL BITUM MATL & H LIME TON 225 $41. 7 5 $9,393.75 402-1811 '" RECYCLED ASPH CONC LEVELING, Il INCL BITUM MATL TON 540 $39.70 $21,438.00 I 1[13-1000 · BITUM TACK COAT GAL I 1,350 $1.10 $1,485.00 36-1000 ASPHALTIC CONCRETE CURB LNFT. 4,000 $3.55 $14,200.00 441-0204 PLAIN CONC DITCH PAVING, 4 IN, SQYD I 400 I $28.00 $11,200.00 1[41-4020 CONC V ALLEY GUTTER, 6 IN SQYD I 100 $22.00 $2,200.00 444-1000 SA WED JOINTS IN EXIST PCC P A VENffiNT LNFT 630 $1.50 $945.00 1[00-3800 CLASS A CONCRETE INCL REINF STEEL CUYD 80 $450.00 $36,000.00 I 1500-9999 CLASS B CONC, BASE OR PVMT I~ WIDENING CUYD 185 $90.00 $16,650.00 550-1150 STORM DRAIN PIPE, 15 IN, H 1-10 RCP LNFT I 100 $18.31 $1,831.00 ItsO-1180 STORM DRAIN PIPE, 18 IN, H 1-10 RCP LNFT 1,750 $22.47 $39,322.50 550-1240 STORM DRAIN PIPE, 24 IN, H 1-10 RCP LNFT 1,600 $29.61 $47,376.00 1~50-1300 STORM DRAIN PIPE, 30 IN, H 1-10 RCP LNFT I 1,450 $37.91 $54,969.50 550-1360 STORM DRAIN PIPE, 36 IN, H 1-10 RCP LNFT 1,580 $47.23 $74,623.40 Ib50-1420 STORM DRAIN PIPE, 42 IN, H 1-10 RCP LNFT 720 $62.37 $44,906.40 . I 550-1480 STORM DRAIN PIPE, 48 IN, H 1-10 RCP LNFT 1,600 $75.05 $120,080.00 IPO-1480 STORM DRAIN PIPE, 48 IN, H 1-10 BCC:tv1P LNFT 20 $47.55 $951.00 STORM DRAIN PIPE, 54 IN, H 1-10 RCP I $96.48 $32,803.20 550-1540 LNFT 340 I P-3 II 550-1540 STORM DRAIN PIPE, 54 IN, H 1-10 BCCMJ> LNFT 170 $57.97 $9,854.90 1J-s0-1600 STORM DRAIN PIPE, 60 IN, H 1-10 BCCMJ> LNFT 290 $68.59 $19,891.10 1550-1660 STORM DRAIN PIPE, 66 IN, H 1-10 BCCMJ> LNFT 160 $76.03 $12,164.80 J-s 0-1660 STORM DRAIN PIPE, 66 IN, H 1-10 RCP LNFT 460 $136.75 $62,905.00 550-1720 STORM DRAIN PIPE, 72 IN, H 1-10 BCCMJ> LNFT 470 $97.66 $45,900.20 150-4224 FLARED END SECTION, 24 IN, STORM I DRAIN EACH 2 $471.00 $942.00 II 550-4418 FLARED END SECTION, 18 IN, SLOPE t6-1018 DRAIN EACH 1 $165.00 $165.00 SLOPE DRAIN PIPE, 18 IN, CMJ> LNFT 30 $19.88 $596.40 I Il03-1018 STN PLAIN RIP RAP, 18 IN, TP I SQYD 1,040 $22.50 $23,400.00 IFIL TER BLANKET, 6 IN SQYD 1,040 $5.50 $5,720.00 603-2997 I IREM BARBED WIRE FENCE 10-0100 LNFT 70 $0.50 $35.00 I ;610-0200 REM CH LK FENCE, ALL SIZES & TYPES LNFT 1,780 I $2.87 $5,108.60 I IREM WOOD FENCE $3.271 10-0220 LNFT 200 i $654.00 1611-5029 RESET CHAIN LINK FENCE, ALL SIZES & IL-s030 TYPES LNFT 1,780 $4.31 $7,671.80 RESET WOOD FENCE LNFT 200 $10.72 .$2,144.00 Ir3-11S3 CK LK FENCE, ZC COAT, 6 FT, 11 GA LNFT 2,250 $6.76 $15,210.00 GATE, CHAIN LINK, ZC COAT, 6 FT EACH 2 $663.10 $1,326.20 43-8010 Il68-1100 CATCH BASIN, OP 1 EACH 46 $1,000.00 $46,000.00 68-1110 CATCH BASIN, GP 1, ADDL DEPTH LNFT 10 $125.00 $1,250.00 I ~68-1200 CATCH BASIN, GP 2 EACH 18 $1,250.00 $22,500.00 I )68-1210 CATCH BASIN, GP 2, ADDL DEPTH LNFT 22 $150.00 $3,300.00 Il68-2100 DROP INLET, OP 1 EACH 5 $1,200.00 $6,000.00 68-4400 STORM SEWER MANHOLE, TP 2 I EACH 1 $2,750.00 $2,750.00 I If68-4411 STORM SEWER MANHOLE, TP 2, ADDL DEPTH, CL 1 LNFT 1 $200.00 $200.00 1{68-S000 JUNCTION BOX EACH 8 $1,700.00 $13,600.00 68-7015 DRAIN INLET, 15 IN EACH 8 $500.00 $4,000.00 I~O-SOOO GRASSING (COMPLETE) - 8 ACRES LUMP 1 $15,000.00 $15,000.00 16-1000 EROSION CONTROL MATS, WATER WAYS SQYD 8,500 I $2.25 $19,125.00 II TOTAL ROADWAY & STORM DRAINAGE: $1,153,861.251 I P-4 II WATER & SEWERAGE SYSTEM (60-0006 . SAN SEWER PIPE, 6 IN, PVC (SERVICES) I LN FT 1,050 $7.08 $7,434.00 660-0008 SAN SEWER PIPE, 8 IN, PVC LNFT 2,900 $15.88 $46,052.00 1160-0010 SAN SEWER PIPE, lOIN, PVC LNFT 300 $16.96 $5,088.00 660-0012 SAN SEWER PIPE, 12 IN, PVC LNFT 710 $18.50 $13,135.00 1[68-3300 SAN SEWER MANHOLE, TP 1 EACH 18 $840.00 $15,120.00 668-3311 SAN SEWER MANHOLE, TP 1, ADDL II DEPTH, CL 1 LNFT 25 $100.00 $2,500.00 668-3312 SAN SEWER MANHOLE, TP 1, ADDL II DEPTH, CL 2 LNFT 52 $125.00 $6,500.00 668-4001 SAN SEWER MANHOLE, OUTSIDE DROP LNFT 10 $150.00 $1,500.00 1170-1030 WATER MAIN, 3 IN LNFT 1,310 $5.56 $7,283.60 .. 670-1060 WATER MAIN, 6 IN LNFT 1,500 $9.07 $13,605.00 I ~70-1080 WATER MAIN. 8 IN LNFT 100 I $13.32 $1 332.00 I II TOTAL WATER & SEWERAGE SYSTEM: $119,549.60 , 1 1 I 1 I I 1 I I TOTAL CONTRACT PRICE: $1,273,410.851 p-s I I 1 I 1 I 1 I I I 1 I I 1 I I I 1 I P-5 I-NOTE- Lump Sum Construction includes but is not limited Ito the following: Clearing & Grubbing - 8 ACRES Borrow - 4,000 CU YD Unclassified (pond) Excavation - 43,300 CU YD Channel Excavation - 5,500 CU YD Relocating Utility Buildings - 4 EACH Reconstructint! Brick Headwall-l EACH I * NOTE - Includes quantities for haul route restoration. -NOTE- All corregated metal pipe shall be fully bituminous coated with paved inverts on pipes with diameters greater than 30 inches. J ;)-'7 ~A"65 CONS!;//'; ^~ k. p-c;, I 1 1 I I I I 1 1 1 1 1 1 I 1 1 1 I I BOYKIN ROAD DRAINAGE IMPROVEMENTS GENERAL NOTES 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. 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 or minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using approved tamps and soil layers of approximately 6 inches (loose measure) and in G-l 1 I 1 I I I 1 I 1 I I I 1 I I 1 I I 1 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. Tests 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 "B" 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 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 G-2 I 1 1 I 1 I I 1 1 1 1 I 1 I I I I I I 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 9031-W are to be used at all street intersections on this project. Asphalt milling is specified for use on existing pavement that is to be resurfaced adjacent to curb and gutter. Finished surface on asphalt pavement shall not exceed 1/4" above the gutter line as shown on Georgia Standard 9031-J. 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 W. R. Toole Enaineers at (706)722-4114. 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 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. G-3 I I I I I '1 I 1 I I 1 I I I I 1 I I I 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. 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 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 equal 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 G-4 1 1 I I I I I I 1 I 1 1 I I I I I I I 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 orange 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 six (6) feet minimum. In addition to the 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. FOUNDATION BACKFILL MATERIAL, TYPE I: Foundation Backfill Material Type Standard 1030-D and section specifications. No separate pay material or its placement. I shall conform to Georgia 207 of the Standard item will be made for this 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 culverts. Quantities 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 G-5 1 1 1 1 1 I 1 I I 1 I 1 1 1 I I 1 1 I 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 responsibility 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. 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 existing shape and slope and separate pay will be made mulching of disturbed areas, pay item. are to be returned to the pre- then finished and dressed. No for grassing, fertilizing and unless specifically shown as a 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. G-6 1 I 1 I I 1 1 1 I I I I I 1 I I I I I INFESTATION: The entire project 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 COURSE: 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 subj ect to change. All changes will be made at the unit prices, as bid. 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 1401- 2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete (See Georgia Standard 9031-L) . 3. Payment for pipe culvert includes any required concrete collars (See Georgia Standard 9031-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. G-7 1 1 1 I 1 I I I I I 1 I 1 I I I I 1 1 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. The Contractor shall include in his price bid for pipe, the additional 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 resul t 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 areresponsible for the secur i ty 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. G-8 1 I 1 I I 1 I I I 1 I I 1 I I I I I I 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 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 project, are to be cleaned and stored 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. SPECIFICATIONS, STANDARDS AND OTHER DATA: All references in this document, which includes all papers, writings, documents, drawings, or photographs used, or to be used in connection 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 date, 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 G-g I I I I '1 1 1 1 1 1 1 I I I 1 I I I I accepted will be paid for. The attention of the bidder is specifically directed to Subsections ~02.04, 102.05, and 104.03 of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract. This project is based on and shall be constructed in accordance with 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. STANDARD: This project shall be constructed in accordance with current Georgia Department of Transportation Roadway Standards. 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 wi thin 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 required 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 tests are required on this project (see Section 500 of the Georgia Department of G-10 1 1 I I 1 I I 1 1 I I I I I 1 I I 1 1 Transportation Specifications). other tests may be required where necessary. 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. 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 editi.on, 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. G-11 1 .1 I I 1 1 1 I I 1 I I 1 I 1 I I I I 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. UTILITIES: The Contractor's attention is directed to.the probability of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and underground telephone cables, etc. 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. THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS: Georgia Power Company Post Office Box 488 Augusta, Georgia 30904 Telephone (706)724-0892 Georgia Natural Gas Company Post Office Box 1426 Augusta, Georgia 30913 Telephone (706)722-7791 Southern Bell Telephone 440 Walker Street Augusta, Georgia 30901 Telephone (706)828-8500 Jones Intercable, Inc. 1424 Monte Sano Avenue Augusta, Georgia 30904 Telephone (706)736-6515 Augusta-Richmond Co. Water Works 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 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 G-12 1 I I I 1 I 1 1 1 I I I I I I I I I I 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 private 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. 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 and/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-13 I I I 1 I I I I 1 I I I I I I I I I I I 'II . S~ptember 13. 1991 April 7, .April 5, 1993 First Uset May 28. 1993 First use 1993 DEPAR'DmNT OF TIWSPORTATIbN. Ju 1 Y 1, 1993 State of Georgia 1992 , SPECIAL PROVISION II>DIFICATIQH OP SECTION 150. ~ TRAFFic CONTROL 150.01 DESCRIPTION Delete second sentence and substitute: Activities shall consist of furnishing, installing, maintaining, and removing necessary traffic signs, barricades, lights. signals, cones, pavement markings and other traffic control d~vices and shall include flagging and other means for guidance and protection of vehicular and ~estrian traffic through the Work Zone. 150.02 N. Add: N. All existing pedestrian walkaways shall ~ maintained. Whenever chang~s to the worksite necessitate changel to existing walkways, temporary walkways shall be provided and maintained, with appropriate signs as necessary, to allow safe passage of pedestrian traffio. 150.03 B. SIGNS: Retain as written and add: All construction warning signs shall bt removed within seven calendar days after tiroe charges are stopped or pay items are complet~. Subsequent punch-list or othet" work to be performed shall be accomplished utilizing ternporaty construction warning signs that shall be ~emoved daily. 150.04 A. PAVEMENT MARKINGS: Delete first sentence ~d substitute: Generally. full pattern pavement markings in accordance with section 652 and in conformance with Section 3A and 3B, except 3B-3 and 3B-S, of the MUfCO are required on all courses before the roadway is opened to traffic. No passing tones shall be marked to confor,m to Section 150.04 E. rc-/ r I I I 1 I I . I 1 I I 1 1 1 I I I I I I I I . t 150.04 D..1.b. NO llASSING !WUUERS Delete first sentence and substitute: Full no...passing zone markings ~hall be marked daily and conform to Section 652 and in accordance-with sections 3A and 3B, except 3B-3 and 3B-S. of the MUTCD. No passing 20n.s'shall be marked to conform to Section lS0.04E. 150.04.D.l.c. Delete as written and 'add: C.. EOGELINES % (1) Bituminous Surface Treabnent Paving: Edgelines will not. be' required on intermediate surfaces (including asphaltic concrete leveling for bituminous surtace treatment paving) that are in use for a period of less than sixty (60) calendar days except at bridge approaches, on. lane transitions, lane shifts, and in such other areas as detetmined by the Engineer. On the final surface edgelines must bt placed within thirty (30) calendar days of. the time that the surface was placed. (2) All Other Types of Pavement: Edgelinet will not be require'd on intermediate surfaces that are in uSe for a period of less than thirty (30) 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 fourteen (14) calendar days of the time that the surface was placed. 150.04 E. Delete -APPLICATION OF TRAFFIC STRIPES - in heading of Paragraph E. and add: APPLICATION OF PAVEMENT MARKINGS Delete second paragraph and substitutt: Pavement markings shall re-establish ~o-passing zones in the locations and configuration that existed prior to construction. Existing no-passing tones shall be clearly identified as to location prior to eonstruction by staking or erection of - DO NOT PASS - and _ - PASt WITH CARE- signs. On new location' projects and on ptojects where either horizontal or vertical alignments h~ve been modified, the location of no-passing zones will be identified Qy the Engineer. " 150.05 - FI~ lSO.B: Delete -Note- and substitute: -Note: Vertical panels or striped drums required for this location. spaced at 50 ft. intervals.. rc-z- . I I I I '1 I I 1 1 I I 1 1 I I I I 1 1 T . Rev. FebrUary 25, 1991 First use: May 24. 1991 0El?AR'lMENl' OF" ~OO . ' State of Geor9ia . SUPPLEMENTAL sp:EI:IFICATiOO , SECrIW 150 - mA!FIC aJtm:L Delete Sectim 150 as written Zlnd substitute tbe followingl 150.01 ms:mPtIrn: ~s secticm as ~lenented by the Plans, sr--ifieations, atldMI1IO> shall be considerdd the Traffic Control Plan. Activities shall consist of furnishing, iristalling, maintaining, and rencving necessary traffic signs, barric;:adt;fs, lights, signals,cooes, pavenent IIli:!rkings and other traffic. control c3avic:es and shall incluOe flagging and other !reans for guidance and protec:t.ion of traffic through the Work Zole. 'lbi.s w.xk shall include both. mrlntbJ.ning existing devices (excluding Traffic Signals) and inStalling aacu.tional devices as necessary in construction work =nes. ~ any provisions of this Specification or the plans do net ~ the Ini.ni..Jmlm requirerrents of the 1IW1ua1 en Unifo.cn Traffic Control Devices (Ml11tD), current edition, tile Ml11O> controls. A. ~ CoI:rt::ractor shall designate a qUalified individual as the ~ksite Traffic Control Supervisor (WlCS) wOO shall be responsible far selecting, installing and maintaining all traffic control devices in a.ceordanee with the Plans, Specificaticn.5, Special Prcv:isions and tUICO. 'lhi.s individual's traffic control responsibilities shall have priority ever ell other assigned duties. As the representative of the COntractor I the WICS shall have full authority to act on behalf of the Caltrect.or in administering the Traffic Control PlM. 'lhe WICS shall have Ilpprq:lriate train.i.ng in safe traffic control practices in accordance with Sectial 6A-6, t'art VI of the MUItD. In aodi tic:n to the WTCS all others making aec:isic:ns regarding 'traffic control must neet. the training requiren:mts of Section 6A-6of the MI.mD. On projects where traffic control duties 'Will not require fUll titre supervision, the Engineer may al10.7 the ContractOr's Project Superintendent to serve as the wrcs as long as satisfactory results ~e d::rtained. '!'he WIO; shall have a r:::opy of the MU'l'CD, current edition, ~ the jcb $it:e. Copies of 'the curren~ nm:D may be 00tained Uanz Superintendent of ~ts u.S. Governrnent Printing Office Washingtal, ~C. 20402-9325 ~ wn:s shall 1:le available on a 24-hour basis as needed to naintain traffic centrol revices with access to all personnel, tnaterials and equitm=nt necessary to respond effectively to an are1'gency situation within forty-five (45) minutes of notificaum of the errergeney. -1- rC-3 If I. I I 1 I I I I I I I I I I I I I. I - . The Wl'CS shall supervise 'the initial installittion of uaffic control _ devices which wi.ll be. revi~ by the Engineet" priQ1:' to the beginning of construetion. M::xiifications to traffic control devices as required by sequence of cperations or: staged CQnSt.rUCUon srust be reviewed by the WlCS. "!be WICS shall regularly perfonn ~ons to ensure that traffic cxntrol isnaintained. B.- All traff"ic control Clevic::es used dI.lrin~ the eonstroction of ~ project shall Il'Set the StanQards utiH.,.pn In the MlJ'lO). and shall caIply with the requirements of 'these Specifi.c:ations, Project Plans, and Special Prcwisic:ns. }leference is maoo to SUb-secticns 104.05, . 107.07, and 107.09. c. All reflectarization for traffic eontrol devices shall Jreet the reguiresrents of Secticn 91.3, Type 1, unless otherWise specliied. 1>. No ~k shall be started CD any ptoject phaSe until .the apprq:>>rUita traffic contrOl devices haVe been plaeed in ~ordance with Pl=oject. reguirelTentS. Q\ange5 to traffic f1<:M shall not camence unless ~l labor, rnat:erlals, ana. equi.prent peeessary to make the changes are ~able 00 the Project. E. ".!be c.ontrad:Or shall sec:ure the Engineer' s l:lpproval of the Contractor's prcposea plan of cperation, sequenee of 'WOrk and nethods of providing for tM safe passage of traffit before it is placed in c:peration. 'The prq:osed plan of q:Eratiltln should supplenent 'the approved traffic c:xntrOl plan. Any uajor changes to the approued traffic eontrol plan, proposed by the Contractor, are to be subuitted 1:0 the oepartment for ~rova1 in accordatlce M.th SUb-Sectioo 104.03 of the standard Spec:ificatialS. Sale additional traffic control details will be required prior to any major shifts of traffic. '!be traffic contrOl details shall include, but not be limited to, -the follodng: 1. A detailed ~g shewing traffid 1oeatic:n and leneage far each step of the change~ 2. 'lbe loeatic:n, size, and nesSlS~ of all si9J'19 required by. the MI1ICO, Plans, Spec:i.a1 ProviSions, and ether signs as required to fit cr;mditions. 3. "nle rrethod to be used in, and the 1irnits of, t.he ooliteratian of confllc;ting lineS and pm;ki.ngs. 4. Type, location, end extent of'new ~ines ana markings. 5. Hori.%onta1 and vertical alignrren~ and superelevation rates for detours, including crOSS sectioo and profile grades along each edge of erl.sti.ng pavement. 6. Drainage details for t.enporary and permanent &i9Jllrellts. 7 . ~ation, length, and/or spacing of channelizing and prQteCtive devices (tatPorary barriu, guardrail, barricades, etc.). -2'" TC-t?- :1 r · ,I' . . . I I I I 1 I I 1 1 I I. I I I 1 I I 8. starti.ng ti.ue, duration zmd date Of planned change. 9. Zor each tr~ic shift, a paving plan, erection plan, or work site plan, as apprqpriate, detailing nen and equip:nent necessary to aeealPlisti. the pIqX)SeO work. ThiS will he the minirm.1n r~ a11cccrt.ion a11~d to start the W;:lrk. "lhe above &tails shall be sutrnitted to the. Engirieer for ~val at least 14 &ys prior 1:0 the anticipated traffic shift. '!be Cantraetor shall have traffic control &tails for a traffic shift \\4Uc:h has been approved by the !:ngineer in his possession prior to comencenent of the physical shift. All prepar:atorY \oo'Ork rcilative to the traffic shift \wiri.eh aoes not interfere with traffic sMll be acccttt>lished a mi..n:irPum of t1olO hours prior 1:0 the designated starting tiIre. '!he Engineer and the Con~' s represenUtive will ~ that all conditions have been '!net prior to the O:mtr~ c:btaintng materlals for the acwal traffic shift. . F. Traffic control Qevi.ces shall be in ~le condition ~ first erected on the project and shall be naintained in acco-cdanee with Sub-SeeUon ~04 .05 throughout the etmSt.n1Ction period. All unacceptable traffic control devices shalJ be replaceo with.Ul 24 hours. When not .in use, all traffic c;:ontrol devices shall be renaved, placec1 or covered so as not to be visible to traffic. If traffic control devices are left in place for !tOre than 10 days after caq:>letial of the ibrk, the Oepa:rt:rrent shall have the right. to rerrov'e such devices, claim possession thereof, ~d &duct the cost of such rem:wal frcrn any POnies Que, or lrolhich may beccne cbe, the ec:ntracl:.or. G. '!he oepa.rt:rrent reserves the rlgtit 'to restrict const..ruetioo ~ations when, in the oPinioo of the En~, the continuance of the Work w;;JUl d seriously hinder traffic: flOtl en days i.rmediatel y before, on, or after holidays or other days in which unusu~ traffie conditions exist, inc=luding threatening or .inc:lement weather. 150.02 w:ItK ZCNES:. .., A. '!'raffic COhtrol shall be provided' U!ling the folleMing materialsl 1. portable advance warning signs .as required by the contract or rreeting the requirarents of the MJ'l'CD and SUb-Section 150.03. . 2. Portable sequenti~ or flashincJ an;a..1 panels lSS ~ in 1:he Plans or Specifications for use Ql Interstate or nulti-lane highway lane closure cnly, shall be a Jni.n.i.nun sue of 48" high by 96" wide with not less than 15 latrps used for the arrOW. 'n1e arrcM will occupy virtUally the entire size (If the atteM panel. and shall have ? min.irrUn legibility distartce of cne mile. 'n)e I'l\i.niJIIJm legibility distanee is that distancit at. which the arra-1 panel c:a:n be catprehended by an cbserver on a sunny day, or clear night. 'ArrCk1 panels shall ~ equipped with a\1tcrna.tic di1rming features for use during hourS of darkness. '!he arrC1Jl panels shall also neet. the requirements as s~ in the cutrent editiro of the MlJI'CD. '!be sequential or flashing arraw panels shall not be used for lane c:losures an two-lane, ~y highweys when traffic is restrlc:ted to one-lane q:erations in liIIhic::l1 case, appropriate signing. -3+ TC-S- I' I I ! 1 I I , I I I I I 1 I I 1 1 I I I I flaggers 1!Ind ~ required. pilot vehicleS \oT.i.ll be deemed suffir .j.ent. 3. Portable variable IleSsage signs d!eting the requirettents of sectia1 632. . . 4. Channeli%ing devices ~ the stm'lciards' of the Mm'<D mld SUb-secticn 150.05. 5. Preeast conerete balrier ~ 'the ~ of Secti~ 622. 6. '.l'e!q?Orary' traffic signals JEeting the requi.r~ts of Sect.ioo 647. 7 . P~lt marki:ng JDaterials c::ttrplyin9 with SUb-Section 150.04.A. B. All lane closures shall have previ()l..l1; approval of the Engineer. .Lane closures that require s~ direeticn traffic: 'to split ~d "the W;)rk Area will not be approved for roadwaYs with posted speeds of 35 ~ or gt:eater, ~uciing turn lanes. c. 'mAFF1C PAC!N:i ~: 1. PN:ING OF 1lU\FFICs With prior approval fran the Engineer, traffic uay be paced allar.dn9 the Contractar up to ten (10) tninut.ea ma.xilmJm to W;:1rk in or cb:Ne ill lanes of traffic far the foll0'rti.n9 purposes: B.. Placing bridge ~ or other bridge work b. Placing overhead sign stru=tirres c. Other work items reqrlri.n9 j.nteuUpt.i.c:: of traffic '1he Contractor shall provide a unUoored 'police officer with pauol vehicle and blue flashing light for each di.rect.icn of pacing. 'n1e pollee officer. En~. ano naggers at ranps shall be Fovider:l with a rar:lio \o/hich allCJWt\ continuous c:ont.act wi"th the Contractcr . When ready to start the \olIOrk acti. ~:t:y. the poliee vehicle wUl pull into the travel lanes and act d b pilot vehicle sl0.tin9 the traffic, thereby provid.in9 Zl ~ in traffic allc:Ming tbe Cootra.c::tor to perfcmn the ~k. Arty rartpS between the paee and. the joo site shall be blc:cked ChJrihg paeing of traffic. with Ii flagger properly dressed and equipped with a Stop/51"", pa&lle. .Each rarrp sfiould be qened after the pollee vehicle has passed. pilot vehicles are to travel at a ~ speed of not less th.an 20 vph interstate and 10 nph non-interstate. '1he ContradOr shall. prcrvide Zl vehicle to proceed in front of the police vehicle and behind the other traffic in order t4> infODn the Contractor' s wxk .force ~_all vehicles have eleare<<1 the area. -4- TC-~' I; I' I , I I I I 1 I I I I I I I I I ; I I Traffie will not he pennitted to ~ during ~i.ng ~ in extren;! cases as approved by ~ En~. 2. MEIHCDS OF SIGNlN; FOR f!MFFIC PN:IN:;: At a point not less than 1,000 feet irio adlTanee of the begi.Min9 point of the pace, the Contractor shall erect and caver a w-tpecial si~ (72 inch x 72 inch) with a Type liB" ~ashing light, with the l~nd -Traffic SlOoled !\head Short Delay" (see Detail 1So-A). van.able nessage sign I1li5Y be used in lieu of w-special sign. Ctl Qivided hi9h~ 1:his sign shall be cbuble indicated. A worker with a ~ radio shall be posted at the sign,. and upon notice that the ttaffic is to be paced shall tom at the fl~hing light and .reveal the sign. When traffic is not bein~ paced, the flashing light shall be 'turned off and the sign masked or rem:Ned. W-special signs are reflect0ri2ed orange and b1eck. series "C" letters and ~der of the size specified. D. On III.1ltilane highwayS ....-here traffic haS been shifted to the inside lanes for overnight use, 'tha entrance aM exist ranps shall have channelization &!vices with steady b1.1m ligbts placed on both sides of the rcmp. 'lhe terrp"l{"ary r~ taper length shall be greater than, or equal 'to, the existing taper length. Tenporary ElC!T gore signs shall be placed at the ranp divergence. Channelization device spacing in the fiIst 100 feet of the t.ertporaI'Y gore shall be 25 feet. . E. '!he transition to J1Q1:JTIal or full wiQth highlofay at the end of a lane closure shall be a maxi.Jmlm cf lSO feet.. F. To provide the greatest p:>Ssilile c:d1venience to the public in accordance with SUb-seefion 107.07, the Contractor shall rerrove all signs, lane closure rrarJdtlgs, and r;1evices iJmediately when lane closure \I,1Ork is COlpleted or t.erp:lrarily suspended for any length of tiJne or as directed by the Engineer. G. '1he Contractor's t.rocks and ether Whicles shall travel in the direction of noI.TDal roa~ traffic unless separated by a positive barrier. or when conSt.nlction. activity hecessit.ates othel:Wise, and shall not x-everse direetial ~~L at in~sections. interchanges, or approved terrpOrary crossings. B. 'n1e Contractor shall ensure that dust. rrud, and other debris frt:m his operation cb not interfere with ~ traffic qEr~tions. or adjacent prc:perti.es. :1. Ex.i.sting street. lighting shall remain lighted as long as practieal and until rerroval is approved by the :D1gi..ni!er. J. Adequate tatporary lighting shall ~ provided at all nightt.itre ~k sites 1owher~ ~kers 10rlll be i.Jmediatcly adjacent to traffic. K. For their CMn protectitn, ~Jcers in br adj~ent 1:.0 traffic Curing nighttine operatic:n shall w.ar reflectori2:ed vests. L. 'lhe parking of eontractor.s and/or lrolOrkers personal vehicles within the \lOrk area or adjacent to traffic is prohibited. -5'" TC-7 If Ir , I I I I I I I I 1 I I I , I I I 1 , I ~ as~if RAFF I C ~ 1tR.'~ n" 100S L 00 W E d~' ~ 1tR.-~ -~1 o. -rl$- ~ ." ~HEAD ;_.~ .. SHOR]..tlELAY ~_-r.- - 1~1 ~9. -;~l . n.= ... · tTclr.,.torr 1 . Y1-~1.. SICII U'oll ~1l.I" . SICN $H_u. )4&.VE IlLttK \.tGtND tUt) ~ 0.-. OiU..,.:;E: UJU:l:10RIUD r.ltltGRcum. .. 1- IWJitll I 1/2.- DOnODI ~.. flAglW; ~ y ~ 1J;KT ~ ~ sm.t _,- 1// .' . - .. ~ ~. 1 ~.I ~ FIGURE 150-A " -6- Te-f3 ., I , I I , I I I 1 I I I I I 1 I I I I I I ~ M. "1he lolOrksite traffic control supervisor shall uonitOr the wxk to ensure that all the rcx;:k$, ..Jxulders, CCI'lS't:iuction debris, stockpiled lIlaterials, equiprent, ~1.S and other potential hazards are kept c:lear of the t:rave.lway. !Ihese itenJs shall be storad in. a location, in so tar as prcsctical, Wlere ~they will not be subject 'to ". 11ehi.cle rurming off 'the read and striking then1. ';. 150.03 SIQiS: A. ~ reqmred for prc:per traffic c::onttol during c:onstrueticn of the project, e.ll existing guide, warning, anG requla.t.ary signs shall be JDaintained by the COntractor in accordance \dth these SpecificatiC%l5. ~ street ~ signs shall-~ ~ at sUeet intersections. All eri.sting llll11li.natec1 signs shall remain . lighted ~d be maintained by -the Contractor. l!. ~ not in use, all inappropriate 1raffic signs or partialS thereof shall he rerrcved, placed or covered t;o ~ not to be visible to traffic. c. "!he Contractor shall not retu:JVe any ex:isti..ng signs and support.s without app::-aval of the Engineer. All existing signs and support.s ~ are to Pe renoved shall be stared an~ protected ~ di.rected by the Engineer, and becule the property bf the nepartruent unless otherwise specified .in the ccntract cbcurtent6. o. 'l'enporary guide, warning, or regulatoI1' signs .reql1i.red to direct traffic shall be furnished, :installed, reused and JDaint..ained by the Contractor in aec:orda.nce with the MtTIQ), the Plans, Special Provisions, or as directed by the Engineer. '1hese si~ shall remain the prq:ert:y of the Contractor. "!be botton of all t~y'1UJ' signs shall tJe at least 7 feet above the level of pavenent ed3e. ~. E>dstin9 special guide signs at the project shall be maintained 'Until conditions require a change in locatiCl"l or legend Content. \oben change is required, existing signs shall bi1 nodified and continued in use if the required nOOification can be pade within existing sign borders using design requi.re:rrents (legend, letter size, spacing, bord2r, etc.) equal to that of the ex.istin; signs, or of SUb-Section 150.03 .E. 5. Differing legend designs may not be mixed in the sane sign. 1._ SpeCial guide signs are t:hose dpres~ or freeway guide signs that are designed with a nesSbge content. (legend) that applies to a particular roadway lcoaticn. ~ an existing special guide sign is in conflict with ~k to be perfomeci, the Contractor shall reaove the c:onflietii1g sign and reset it in a new, non-conf.1J.eting locatial which bas been approved by the Engineer . 2. ~ SPEClA[, GUIDE SI~: i'Qhen it is not possible to utilize existing signs, either in place or relex;ated, the Contractor shall furnish, erect, naint.ai.n, IrOdify, relocate, and rem:we new te:rporary special guide signs in accordance with the Plans or as directed by the Engineer. ..7- 7L-f IJ I I I I I I I 1 I I I I 1 I I I I I 3. All terrporary overhead special guide siCJf\ st.ruc;tures shall be lighted. as S<XX1 as erected zmd shall renain. lighted. during the botlrs of darkness, until the t.erparary sign is no looger required. 'lbe Contractor. shall notify the ~ carpany at .least thirty (30) days prior to desiring ccnnectic::n :to the p:1Wer souree. . . . 4. ~ installation of~new ~ spec;'" .guide signs and the pennanent m:xlification or resetting of existing special guide signs, ~ included in -the c:ontr~, shall be eccc:upl:isheQ p soon as praetical to min.i.mi%e tha use of tarporary special guide signs. . All new pennanent overhead special guiee signs shall be lighted as soon bS erected. s. 'TertpOrary special t;JUide signs, that. may. be required in addition to. or b replaeerrent for. existing expressway and fr~ (intenttate) signs Jm.1St be designed And fabriCAted in ~llance with the mi.ni.murn requirements. for guitie signing contained in Part 2E "Guide Signs Expressways" and Part 2F "Guide Signs Freerways" of the Ml1l'CD, except that the mi.niJm:ISb size of all letterS and nurrerals in the names of places, str~ and highways al all signs shall be 16 inches Series "E" initial upper-case ana 12 incheS lo.we.r-ea.se. All int.erstate shields a'l these signs shall be 48 inches and 60 ~ for ~al. and th:ree-nurreral routes, respeetive1y. AdQitionally, the exit road ~ or route shield shall be plaoed en the exit gore sign. F. Posts for all t.enporary (guide, warning, regulatory or 'special guitie) sign installations shall be so C(;Il'lJItrueteQ to yield upcn iJq;>act to mi.nim:i2e hazaras to lIQtat'ists or be protected by t~'['ary traffic barrier or inpact attenUatOr. G. All existing, ~, lD'ld new pennanent signs shall be installed so as to be cacpletely visible tor M advance distMCe of at least 500 feet. Limbs, brush, constrUCtion equipnent and materials slulll be kept clear of 'the driverts line of sight to the signs. H. JQl construction warning signs shali have two 18 inch x 18 inch fluorescent red-orange or orange-red wamin9 flags nounted en each 10hm Qisplayed during daylight hmlrs and a s~le direction 'I'ype "A" yellOW flashing light lNhen displayed at niOhtr including the project constrUction signs (Glo-l and G2tr-2). Warning signs shall be plac:ed ahead of canstr:uctial in accordance with Part VI of the K11Q). AU const;.PlCtion warning signs en divided highways shall be Cblble indicated (i.e., ~ the left Md right sit1es of 'the roadway). I. '!he' sequential or f1~hi.ng ~ panels shall be placed ca the shoulder at or near the point where the lane .closing transition begins. 'lhe panels shall"be nounted on " vehicl*, trailer, or other suitable support. vehicle zrounted panels shSll be prcnided with reJD:Jte controls. Mi.niJn.Jm JroUIlting height shall be 7 feet above the roadway to the bottcrn of the panel, ~ CD vehicle IfOUIlted panels which shcA1lc1 be as high as practical. J. 1be port,able variable treSsage silifn, 'When specified, shall be placed ahead of constrUCtion activities ~d will neat the requirerrenta of Section 632. -8- TC-/o UO/ll/~~ ~~;~L r^A ~v~ Uv~ uv~v I~ .Ir I I I I I I I I I I I I I I I I I "It. '!'he flashing. beacon assenbly, when specified, is used in . . ccnjunctial with c:onst:rUCticn warning signs, ~atory, or guide si.gns "'to infC1:J!l tr~ic of ~i al road conditions. which require additional Clriver attential and .'~utic;m. 'Jhe flashing beap:n asseably shall be installed in eeeoraance With the ~ of .Section 647. . 150.04 PAVEMENT ~ A. Generally. full pattern pa~lt markings in accorCanee with Sectial .652 and in confcmnance with Sections 1A and 3B of the KJIrn ~ required 01 all courses before the roadway is cpened to uaffic. Durinq eonst.r:ucti.c: M1d maintenance activities dl' all highways ~ to traffic. both existing .marldn9s and ~kings hpplied under this Section shall be fully rnaintai.ned .until Final~. U the ~verrent JDa,rkings are. or hecate, unsatisfactorY ill the judgement of -the Engineer' due to ~, 1oleathering, or cooshueticn activities, theY shall be restored irmediately. . (b resurfacing projects paverrent JIlarkings shall be provided on all surfae:es that are plat::ed aver existing' marking5. en wiQenin9, r~cn, and new eonstroetion projects. pavenent -markings will be as recpired by the Plans or the Engineer . B. ~: All traffic striping applie~ under this Section shall be a min:iJm,.un four inches in width and shall confonn to the requi.r~t.s of Section 652, except as JIOdified herein. Raised pavenent markers shall rmet: the requirerrents of Sed:i.on 654.. Markings 00 the final surface r;:ourse lolhich n:ust be rem::wed Eha1l be a rarovable type. the Contractor 1Jill be permitted to use paint, thenroplastie, or tape 00 pavettent \oIhich is to be overlaid l:lS part of the project, unless ot.herwi.se diIecteO by the Engineer. partial (skip) refleet.ori.zaticn (Leo., reflectorirlng only a .portion of Ii t;ttipe) will not. be allcwee.. C. USAGE: '1he COntraetar shall sequence his 1IllClrk in such 8 mmner as to allow the installation of tnarkings in the final lane configuraticn at the earliest possible stage. In~~ cr. conflicting existing pcaverrent markings sMll be renoved. Except for final sur!&:e, marldngt 00 asphaltic concrete may be cbli terated by an' overlay course, when C!J:'ProVed by the blqi.neer. ~en an asphaltic concrete overlay is placed for the sole purpose of e1imi.nating connictins markings and the in place asphaltic concrete sectial will alldo-1, said Ct\7erlay. will. be eligible for paynent only if designated in the plans. ()o.;re.rlays to cb1ituate lines will be paid for only alee mJd further tr~fi.c shifts .iJ1 the smre area will be accc:nplished with renovable markings. tnly the mi.ni.mum aspbaltic concrete thicknesS required to cover lines (generally 60 lbs./sq. yd. Asphaltic concrete "a") will he all~. ~ce5si ve buildup will not be peDnitted. ~ ~ overlay for the sole plU:pOSe of eliminating ecnflic:ting markings is not. illo.oled, the mttkings no longer applicable shall be renoved in accordance with SUb-Sectian 656.02. 'Jhe eliminatiM of ccmflictin9 pavenent marlW1~ by cverpainting with paint or liquid asphalt is not acceptable. For highways qleIl to traffic. nerJdng renoval equiprent shall be present on the project for 1,lSe imTediat.ely before any change in traffic -9- TC-// I I 1 I I I I I I I I I I I I I I I I lane(s) allgnrrent.' ~ shifting of traffi.o necessiUrt:eS ~ of center1ines, lane lines, or edge lines, all. tuch lines shal-l be renoved prior to, during, ar :i1mediate1y after Mry change so .es to present the least interference with. 'traffic. If marking rerrcval equiprent failures ~I the equi.prent shall be repaired or .replaced (including leasing equi.ftrent if ~'c==~ary) r so 'that 'the rerh:mU can' be aecorpllshed wi. tho.tt cie1ay. ~ Raised pavarent mar~ (Rl?Ms) are required t8S follawsz 1. en'InterState and Interstate type ttighWay5 under coostnlCtion, excludi.n9 projects ccnsisting priInarily of asphalt res1.1rlacing items, retro-reflective raised ~ markers (fUlMS) shall be placed and/or maintained en inte:medi.at:.e pavement surfaces q;ened to tra!:fie as fol1CJWS: B. ~ lANE J.mF.S; 80 foot centerS at skip Unds with cutW~ less than three degrees. 40 foot centers on solie lines and all lines with curvature between 1:h:J."ee degrEfeS Md six degrees. 20 foot centerS CXl c:un'eS Q\1dr six degreeS. 20 foot eenters at lane ~itions or shifts. b. ~ lW5P G:E LINE$: 20 fCXJt centers, two each, p1aced side by side. e. C1IHER LINES: As sht:Mn ~ the plans ar: ~ by the Fngineer. 2. en other highways under con.structiCXl RPM5 shall be used and/or roaint.ained en int~diate paverent. ~aces as follcw;: a. SUPPLEMEm:~ lANE LINES 1INIi SOLID UNES: 40 feat centerS except. m lane shifts. (~required in the Plans or prqosals.) 20 feat centers ca lane shi.!'ts. (ReqUired in ill cases.) b. SU?~ oo;.nn.E SOLID tINESz 40 "foot centers (cne each besioo each line) ~ en lane shifts. (~requirer3 in the Plans or pr~.) 20 foot centers a'l lane shiftS. (~equired 1n all eases.) RPMs are ~ allowed on riiht edge lines. -10" TC-/Z I I I I I I I I I I I I I I I I 1 I 1 o. D(~ICNS FCR SFJORT-"lrnM~: S:rre exeeptions~ to the tiJre of pla.cement. end patt&n of markings are pennitted as noted belOo1, however. full pattern p.:i.JeuClll:. markings ori required for the o;rrpleted project. 1. ~I.J\NE, -.zw::>-wAY ~ I . J a. SKIP UNES: All short-teI:m skip (broken) stripe shall confOIDl to Section 652 except thlt. stripes shall be at least. :fcm:- :feet long with IS maxiJrum 9csp of 36 feet. Ckl curves greater than six degrees, a twl:t-foot stripe with 8 rnaxi.rrun gap of 18 feet shall be used. Itt lane shift areas skip lines will not l:e ill~.' Solid ~ w.ill be required. stxJrt t.enn'skip lines will be penni.tteS for a period not to exceed 14 calenc3ar days. Short-te.nn ~ lines must be repl~ with markinq$ in full catp1.ianoe with Section 652 prior to expiratial of 1:h;e 14 calendar daY pericXl. Terrporary raised pavemmt markerl; JIl3y be substituted for the short teIln skip (broken) stripes. . If raised pavarent ~k.ers are Substituted for the four foot. short te.nn skip stripe, five -markers spaced at one foot inteIVals will be required. No separate payment will be made if the t.enporary raised p;:lvatent markers are substituted for short t.eon skip lines. Tenporary raised paverrent marksrs shall be retro-reflective, sha1l be the sane coler as tl1e paverrent markers far which thsy are substituted, and shall be visible during dayt:.i.ne. 'Ihe ~ of 'te1'rporary marker a.n6 nethod of attadlment to the pavatent JDJ.St. be approved by the Office of Materials and Research but in no case will 'the markers be attached by the use of nails. 'lbe tenporary raised paverrent markers nust be maintained until the full pavarent markings are applied. At tJe t.irre full pavarent markings are Applied the tenporary raised mark~s shall be rern:JVed in a rIIanner thcrt. will not interfere with application of the full ~t markings. b. 00 PASSIN:; BARRIER: f\l1l ho-passing' zone markings shall be marked &ily and conform t.o Section 652 and in accordance with Sections 3A ana 3B of the Mt1lt.D. BeMeVer, en ~lane, ~ roadwlays for pericds hot to exceed three calendar days where skip center-lines are in place, no-passing zcnes rray be i&ntified by using ~ or portable ucunteQ "00 lV1' PASS" regUlatory signs (R4-1 2.. x 30.) b:t 1:he beginning and at. intervals not to' exceed 1.1.2 mile within each no-passing zone, with a post or ~le rrounted "PASS WI'lH CARE" regulatm:y . sign (R4-2 24. * 30") at the end of each no--passinc] zone. Post trOUnted signs shall be placed in accor&n.l::e with t:he K1J'CD. Portable signs nust have a minirrun vertical height of three feet above the paven:ent surface to the l:X'Jt.tan of the Sign and be seeured in such a manner as to not be easily blcM1 ewer or misaligned. -11" TC'-/3 I I I I I I I I I 1 I I I I I 1 I I I c. :ttGEL:lliESr Ed;1elines will not .be required en intenn2diate surfac:es that are in use for a period of less than 30 c:al.endar days except at lirldge approaches, on lane transitions,. ..1~ sh.i.ft.s, ~d .in such other areas 8S. detennined bY the Engineer. CXI final surfaces. edge1ines will not ".be required en a daily basis, but they shall be placeci wi:thin 14 calendar Cays of the 'tin! that the surface was pl~. . d~ MI~ PAVEMENI'~: School zones, railroads, stopbars, syntlo].s, w:ard* and etc. shall be pl~ed Dl final surf~ eonfonning t(l Section 652 within 14 calendar days of CCIlpleti.a1 of the final.. surface. en intenrediate surfaces 'these "IIW"kihgs will generally not be required unless specified by the Ehgineer because of special eonditicns or \When t.he inteDnediaL:; surf~ wU1 be in use for lD:I1:'e than 45 ealendar days. 2.. MULTI-LANE; mGIMAYs a. cent:erlines and No-Passing Barrier - Full pattern c:enterlines and no-passing barriert; shall be restored before nightfall. b. Lanelines - Short-tenn skip (broken) stripe as descri.bed in Sub-Seeticn 150.04.D.l.a. may tle used for periods not to exceed three c:alendar days. c. Edgeline.s - Ed;ellnes shall be plllced en intel:medi.ate and final surfaces within three ealendbr days of ct>literation. d. Miseellaneous Pavenent Marki.ngs - ~ as SUb-Section 150.04.D.l.d. 3. LIMrI'ED ~~~ ~s AND ~S wrm PAVED SHOOLDERS GRFA1ER THAN FOOR FEEl' a. Scme as SUb-Sectim lSO.04.D.2. b. EdgeJ.ines - Edgelines shall be placed on .interrrecll,,-te and final surfaces prior to q?ening to traffic. E. APP.LlCATICN OF '!RAFFle STRIPES: ~ Contrac::tor shall futni.sh layout, clean as necessary,. .and pre1i.ne thd surface for the placelll2Irt. of pavement markings applied untier this Section. All exi.sting marking tape en final surfaces shall be rao::weO prior to placerrent of final markings. Existing No-Passing "Zones D'I.lSt be clearly I;lesignated es to loeaticn prior to canstruet.ion in order that they nay be reestablished far marking purposes. Cl"J projects \ohe.re either hori~ontal or vertical alignments have been m:Xlified, the loeatiat of No-Passing ZOnes wi.ll be identified by the Engineer. -12- TC'-/'7 L . I I I I I '1 I I 1 I I I I I I I I I I. I When traUic Stripes (ce.nterline.s, lane . lines, ana edge lines) are applied in continuous operation by DOVi.ng vehicles and equ1tmmt, the following mi.ninun warning devices shall be .required. 1. '!he lead vehicle shall have an approved sequential or flashing &reM panel !ID.mted so as -:"'.0 be easily visible to onc:mi.ng traffic. (Required for centerline adjacent to q:,posing traffic. ) 2. 'lhe vehicle applying the stripe shall have a sequential or flashing arrow panel anl3 shall folldw directly behi.iu:1 the lead vehicle. 3. '!he vehicle' putting cut' the tttleS shall follaw directly behind 'the stripe applying vehicletmr3. shall have an approved sequential or flashing a,rrCM panel. In addition, for nultilane highways, the vetU.c::le shall also dispiay a praninent. .sign with the legend "PASS 00 1.DT (RIGHT)". 4. All vehicles shall be equipped with the off,icial slow ncving vehicle S}'DiJol sign. 3.50.05 QmNNEL:IZATICE IlEVICES A. For this Section, the teDn barricade shall be deared to JIean a Type I or 'l'ype n barricade or vertical panel that has a rni.nimutn of 270 square ine:hes of reflective area facing traffic or striped drum as specified by the MImD. Except as noted in the contract r:l::x::uIrents, the Contra.c:tor has the q?ti.on to sel~ the ~ barricade used provided that barricades of 'the smre type $re used within eiidl individual line of t::hanne1i%aticn. ~ aruns will not he allo-led as c:hannellzatica'1 devices. Channelization devices with plaeerrent ~ specified in Sub-Sections 150.05 ana 1.50.06 or plans, or precast c:~te barrier, if specified, shall delineate the full length of a lane closure, shift, orme.n.c:roachn'ent. BaIricades are required fOr nighttine lane closures,. shifts, or enc:roachments and shall have steady burni.n9 lights. ~ condi tians warrant and the Contractor C::hooses to cease barricade lighting, it is unacceptable to allOo1 any barricades within a line of delineatial to ranain lighted. For longitudinal c::hannelizatial Q01y, flucrescent orange traffie cones (28 i.riches rninim:Im height) will ).:)e allowed for daylight closures or shi.:ftS. Borwever barricades, as specified, wiJ..l be required for all tapers. M1en the apprcpriate signs are pasted advising of eo!'l.ditions such as soft or law shoulc3ers, channel.ization ~ees may he renoved after shoulders are to typical sectico an" grassed and after guardrail d;r ether safety devices have been installed. " 13. OLannelizati(;D'1 devices shall be spaced as listed bela<< for various roae3side work conclltions or as rrodified by SU1>-Sec:ticn 150.06. Spacing shall be used for situatiau; rreet.ing any of the conditialS listed as follows : 1. SO FCX:11' SPJl.CIN; MAmlM: ReqUires steady burn lights if conditions exist overnight. -13- TC-IS 10 I I I I I I I I I I 1 I I I I I I I I . 11. Fer differ~ in el~a\ ect:eeding two inches. b. For healed seet.ions no steElt-r than 4:1 as shc:Mn in SUb-Section ~50. 06, Figure lSD-C. 2. 100 RXJl'- SP~ MAXIMUM: tteguires steady burn lights if - eonclitic:ns ~ avemi.ght. 11. ~ difference in e1evatial 01 t:\.,1o :inehes or less. b. Flush. areas ~ ec;zu.ip1ent or workers are within ten feet of the traVel lane. 3. 200 FCOl' SPACnl; MAXIMt}1: tllerll equi.ptent or ~kers are 1b:lre 'than 10 feet fran travel lane. Lateral offset. clearance to be f~ feet :fran "the tiavel lrme and ctoes not require steady bunl li~. . a. For paved areas eight feet or greater in width that are paved flush with a standard width travel lane. b. For disturbed shoulCler areaS Jm eatpleted to typiea1 sectial that are flush to the travel lane and anside.red a usable shoul der . 4 . TRANSITIOO ~ AND LANE ctDStIRES: '!he mi.niJnUm length of the approadl transition taper far a lane closure, shift, or ericroac:lm:mt for hi~ys with posted speed of 45 IIph or greater shall be equal to the lane width of lateral shift eFt.) )C the posted speed limit (Mph), (L z; WS), J:*Jt not less than 150 feet. For multiple lane closures, only al8 lame may be closed per taper with a m:ininnJm tangent length of 2L bebIeen tapers. The length of a closed lane, excluding the transitic:tl taper, will be limited to 't1NO miles, unless ot.her\otise approved (II:' directed by the Engineer. Barricades shall he placea the full lehqth of the taper spaced at max:imurn intervals in feet equ.a3. to the numerical speed limit. (EXAMPLE:. SS ~h Speed Limit = 55 feet maxi.mum Spacing). lWrlcades with steady burning licjtrt:s are .. required if the condition exists into the night.. For t.aper lengths ~ mban, resident:i.al or other st.reets lo/tlere the postea speed is 40 nph or less, the JtliniJruh length of the app~ transi tia'l taper may be ccrrputed using the fcmrul.e. L .. l'G /60. Greater taper length shall be used \ooben 2=equired for- indivi.(lual situatia1S . s. PRECAST ~ aA.~: ~ precast CQnC::rete barrier is used, steady burning lights at So-f~ sPacing shall be placed en top of the batrier \olhen the bal:rier is loeated eight feet or less fran a travel lane. Rlen precast cdlcrete barrier is used in a !l'edian or other area which is i.naoeesiihle for maintenance withaJt int.erference t:o traffic f1~, 12- X 36" vertical panels may be used in lieu of steady burning ligh~. ~en the barrier wall is locateO fran ei9ht to 20 feet fran the travel lane, U" x 36- vertical panels shall be placed at SO....foot rraxi.rnllm intervals.. -14+ TC-/~ I I' I I I I I I I I I I I I I I I I I ~oa.eh end of precast c:cnc::rete bart'ier shall be flared or prct.eeted by en .iJrpaet atte:nuator (t::rash cushion) or ether .-espproved treat:mant..in accorQance with da . Std. 4960, Ca'lstrUl;:t..i Datail.s and ~aard Speci.ficaticns. On interstate or other ~trolled ~s highways \ow'here lane :sh.i..ft.s or crossovers cause ~i.ng t:laffic to be separated by less t:han 40 ft., precast r;:oncrete batrier shall be used as iI1 separator . 150.06 DCCAVATICN ~ '10 A -mAVEL IJl.NE: ~c.n \olOrk involving trenching adjacent to a travel way shall not begin .until the Contractor is able to continuously place the ~d typical sectioo to within tw;, inches of the e:dstin9 ~venent elevatitm, or heal the remaining di.:fferenee in elevation to the trClve1ed way As shoWn in Detail .1.50-C. O1annellzation devices and plaeenent cluring the canstr\Jcticn period shall canfonn to the requirettmlts of Sub-Sect.ion 150. OS and Details 15o-B, 15O-C, ~ 150-D shc1.m herein. In addition to the signs specified i.n Seetief1 150 and the MU'lto, a W-20 sign with the legend "(LEFT) (RIGm') LANE ~.. with ~ flags shall be kept just off the paving edge zmd 500 ft. upstream of 1:he point .where cha.nne1i%aticn .~ces are erected. M the paving edge. A. ~ BAS::S, SOIL ~ BASES, AND son.. BASES: Orcp-offs in elevation of n:ore than two inches bet\Weeh surfaces carrying , or adjacent to, traffic will net be all~ for uore than 24 hcw:s. ~, \lihere the Ccntractor has dem:;t1st.rated the ~Uity to continuously excavate zmo backfill in a ptoficient manner, a single length of excavat.eO. area not to e>cceed 1000 ft. may be left qen as a start up area for periods not to eKCeed 48 tnlrs. B. .A.SPHALT J3ASE5/BlNDERS: Drcp-offs in 4levaticn of uore than tW) i.nehes bet\oleen surfaces carrying, or adjacdnt to traffic will not. be a1l~ for JIOre than 46 hours. c. PCro'lJ\ND CEMEm' CCN:RF:lE AND c:efm' STABlLIZED BASES: Construction ~k adj acent to the travelec! way which involves "these types of bases 1Jill not be healec1 provi~ the Contractcr pursues plaeing the pavement as SCXXl as the c::ur.i.ng ~iod is c:atplet;ed. During the placarent period, traffic: cal~ devir;:es will be in aocor&.nee with ~Sectial 150.0S and ~ail lSo-.a. O. MI~ ttCA\OO'IOOS CR ~ ~ '10 "mA~2 W::lrk such as drainage st.ruc:tures, utility fAcilities, or any other wxk \w'hi.ch results in II drcp-off adjacent t4l the trave.lway shall be perfoored expeditiously so as to minimize the exposure to the hazard. As soon as practical, the e;)CCavation shall be backfilled to the Itli.ni.nUn requirements of Detail lSQ-C. In no case will the drcp-off be allowed to exist tn:IX'e than five calendar days. "lhis TJli!Y require stage COPBtructicn, such as plating and backfilillg t1':e incatplete lNOrk. -15- TC-/7 I I. I I I i I I I I I I I I I I I I I I .. lotltfon of barricade while dro~.off exceeds 4 inches NOTE: Ve~tical Panels 8 reQuired for ~h1$ location. spaced at 50 ft. intervals. -~ NEll cauSTRUCTt au ---------1 ----------1 . I.... m VEL LAN!!: ... ~ f-+-- DROP-OFF GREATER THAN A.INCHES " FIGURE 150-8 -16- TC'-/8 I~ I I I I I I I , I I I I I I I I I I. I Compacted graded Iggregate, suhba5e ~terill or dirt. 8 110 ffiUER THAN j ~ ---' tml CONSTRUmON . --1 Location of barricade 1mmed18te1y after c~letion of healed $ect1on. spaced .t. 50 ft. intervals. . '. ~ ..... .-. .... --.... ....... ~ ....- - -...- --------:---~ TR.A VEL LAN! . --r HEALED SEm ON FIGURE 150-( Location of barricade while. drop-off is 4 inches or less 5paced at SO ft. intervals. 8 HEll CONSTRUCTIOn NOTE: After paving to within ~ inches of the travel lane elevation, move barric.des to I point 4 feet from the edge of the tra.vel way. Steady burn ltght$ ~y be removed Ind spacing increasea to 100 ft. fntervels. ----...._-~ -- ~ -----------i" . TRAnt LANE I " DROP-OFF OF 4 INCHES O~ LESS FI GURE 150-D . .17... TC-/9 I. II' , I I :1 1 1 I I 1 I I I 1 I I I I I J.5O.07 ~ ~ PIIDl' CARS; A. Flaggen; shall.be ~dec1 as reqdired to tusndle 'traffio, as specified :in 1:he Ploris or Spec::ial ~. and lIS required by 'the Engj~r . ~ ~ B. All fleggers shall meet the requi::em:mt of Part 6F of the MI11'CD zmd IWSt have rec:ei vec3 't:rai.ning and e eEirti.ficate upon CttI\>letloo of the training :f.ron a Departrrent opproved training program. Failure to provide certified fleggers as required al!lQve shall be reascn far the l:ngiDeer suspen.ai.ng 'WOrk involving the nttgger( s) mrtil the Contraotor provi.~ tre c::ertified flagger (IS) . c. Flaggers shall ~ a fluorescent 'orange cap or hat, zmd Zl fluorescent orange vest. shirt. cr j~. and shall use II stql/SlOo7 paddle ueeti.ng' the requirerm:nts of seet.ion 6F-2 of the K1ltD for controlling traffic. ~ Stq>/SlOw peddl. shall have a shaft length of six (6) feet mi.nimJJm. In additian to ~ St.c:p/S1CM paddle, Zl flllgger may use a 24 ind1 sguare red/orange fla; e.s an additional devi.ee to attract attention. Fer night \oom'k. the ~ shall have refl~ stripes on front ~d bac:k. D. Pilot 'Vehicles shall be prc::rvir3ed ~ $peCified in 'the PlmlS or SpeCifications mlO neet. the require:rents bf part. 6F-9 of the MOTCD. l::. Signs far flagger traffic c:xmtrol shall be placed in ed\1a.nee of th2 fla~gin9 operatim in accordance with the MlJ1O). In addition to 'the signs required by the K.rn:D. signs at reqular intervals, warnin9 of the presence of the f1a~ shall ~ placed beyond the point llolhere triliic can reasonahly be ecpected to stq) unc:ler tb3 !tOSt severe conditions far that. day's work. lSO.08 ~: 'Ihe safe passage of traffic 'through and around t:he ~k :zone, lolhile minimizing- confusion mld .disruption 1:0. traffic flow. shall have priority over all other Contractor acti\7ities. CClI'ltinueCi failure of the Q:ntractOr 'to c::ertply with the requi.rerrents of Sectioo 150 (TRAFFIC CCNIRClL) will result in non-refunCable 6educticms of Ironies frc:m the Contta....-t as s~ .in 'this SUb-sectir;n fot non~~ of Work. Failure of the Contr~ to CQ:rply .with this specification shall be reasal' for the l:ngineer suspending aU. other work em the Project, except erosion cont;rol and traffic con~, taldng correcti \Ie action as specified in Sub-SectiCl'l 105.1S, and/or withholding pa~ of m:snies due the Ccntra.c:tor for any work a1 the Project until uaffic caltrol deficiencies ~ corrected. ~ ot.het aeticns shall be in additicn 1:0 the 03~cnS' for non-perfQDnanCe of traffic c:ont.rcl. -18- TC-~o I, I: I: I '1 I I I I I 1 I I I I 1 1 1 I .. J , ~.(:tl~Hn.F. CF ~J.CIS RE FACi c:::ALENlAR f)u OF JJEFU:I::J:1CIE CF . ~~~AND;tB~ auG:tNAL mrAL CXNlRlC1' >>s:nn' y.rau M:Ire '.Ibzm '" and lJJr::lndi.(.g : 1W.1y ~ ~ 0 100,000 1,000,000 5,000,000 20,000,000 40,000,000 . $ 100,000 1,000,000 5,000,000 20,000,000 40,000,000 $ 100 250 500 750 1,000 1,500 150.09 HE"JI.SOREMENr: A. ~C a:NmOL: tmen listed as ~ pay it.en in 'the ~, paymant will be naa:e at the Lurrp S\ml price bid, whieh will include all traffic t:Ontrol not paid fer separately, lIbd will be paid as fol101.'S: ~ the first Cc:nstructia"1 Report. is sul:mitted, a ~}'DE!nt of ten . (10) percent of the Lurrp SUm pric* will be made. Fer each progress ~ytrent thereafter, the Projeet percent c:arplete shown en the last pay statement plus ten (10) percent will be paid (less previous paym;mts) not to exceed ~ hundred (100) percent and subject to nonnal ret.ainage. . When no payrtent item for Traffie Cattro1 LUl'I'p Sum is sho..n in the Prqx:>sal, all of the requirarents of gecticn 150 and the 'Iraffic Control Plan shall be in full force and effect. 'The cost of COlplying with these requirarents will not be paid for separately, but shall be ineluded in the overall bid sulnit:ted. B. SIGNS: ~ shC'om as a pay i ten in the t:'roposal, tenpor~ special guide signs will be paid for Is listed be.lCM. All other regulatory, warning, and guide signs, as %"equired by the Contract, will be paicl for under Traffic: Control Lunp SUm or ineluded in the 0't.1enll bid 6Ubnitted. 1. '1"errporary ground mounted or tentorary overhead special guide signs will be neasured for paynent by the square foot.. 'lhi.s payttent shal.v be full catpenSatiat for furnishing the signs, including supports as reqW.reQ, er~9, illuminating ove.rheac:1 signs, maintaining, rerraving, re-eret:t.ing, and final renoval fran "the Project. payrrent will be JDade Clt1.ly one titre regardless of 'the nunber of In:JVe.S required. 2. Re'tOVe and reset existing special gui.~ siC]TlS, ground JTOUrJt or overhead, carplete, in place, will be rreasured for pa}'tnent per each. Payrtl'mt will be made only ooe time regarclless of the nUl"l'ber of rroves required. TC-2/ -19- I I I' I I I I I I I I I 1 I I I I I I 3. M:x:tify special guide signs, grounl!! rrount or overhead, will be .treasured for payment. by the"square fC(:)t. The area sreasured for payIIert. shall :incluae ally t:hat pQr1tion of the sign JIOC1ified. p~ shall inClude materials, rertl1\7al fran posts or suppxts when necessary,_ and xenamting as required. C. PR!X:AS'I' MEDIAN BARRIER; ~ Precast ~ Barrier will .be neasured as ~;fieQ in Section 622. D. VARlABLE MESS1lGE SIGN, l'ORTABt.E: variable Massaga Sign, ~le will be ~asureQ ~ specified in Seetic:n 632. r;. ~ GOARDRAlL ROfOMGE, ~ 91 Tenporary GuarCirail Anehorage, Type 9 will be aeasured l!S specified in Sectioo 641. F. ~r'IC SIGNAL mSTAL'IATIOO -~; Trllffic Signal lnstallatial - Tenpora%y will .be neasured 4s speeifieo in Section 64 7. G. n.A.SH!R; B:E:ACl:N ASSEMBLY; Flashing Beacon Assatblies will be rreasured as specified .in Sectim 647. H. ~, SAND UW)ED ATlmU1craR KDl.Ir.Es; 'l'ezrporary Sand lI"'aded Attenutor M::dules Will be neasured .as specified in Seetioo 150. I. PAVEMENr MARKnGs: p~ markings will be neasured. as specified in Section 150. 150.10 PAYHENl' ~n shown .in the SChedule of Items ;in' tile pt~, the folloring iterrs will .be paid for separately. Item No. 150. ~affic ~......................................Lump SUm It:em No. 150. Traffic Control, SeliC! !rraffie stripe ..._...-.-...._-............-..~..-....._....._per Linear ~e Inch, (Color) Item No. 150. Traffic Control, Skip Traffic ttripe Inch, (Color) ..............................................per Linear Mile Iten No. 150. 'lraffie Control, Solid Traffic stripe, ~lastic I.rld1~ (CoIC]["').. - -.... - -. ........... _............~ I..iJleu l-2:.i.l..e ltan No. 150. Traffie Control, Skip ~affie stripe, 7Mnrcplastie Ineb, (OOl~)..................,..............per LJrieai ~e Item No.. 150. Traffic Control , Pavenent Markings , l\bras and ~ls..~..._.................~...........~..~ Square root Item No. 150. Traffic Cantrel, Paverent ArrCN with P~isPd Refl~~.__..._...._...............................per Each Iten No. ISO. Traffic Control, Raised ~averrent. Markers-All 'lYPes...per Each -20.. TC-ZZ I: .1 1 I 1 1 I I I 1 I I I I I 1 I I I I ) ~ required for traffic control the followi.r1g items shall be paid for separately under their re.speetive pay item. Item No. 150. ~ Ground M:llmted Special Guide Signs.......per Square Foot Item No. 150. Tenp Overhead Spec~a1 Guide Slgns.............per SgUare Foot # .Item No. 150. Rem.:we & Reset EXisting Special duide Signs, ~d ~t, Complete in Plaee......................per Each ltsn No. .150. Rarove & Reset .EXisting Special <Juide Signs, Overhead, Complete in Plaoe...........~..............per Each Item No. ISO. !rraffic Control, ~ary Sand Loaded Att.enuator ~es.~.._....................~....................per ~ lten No. 150. Traffic Control, Pavement Marker;, Wxds and Synixlls......... ..............................................per Square Foot Iten No. 150. Traffic Control, Pavenw:mt AtrCM(Painted) With Raised. ReflectorS...........................................per Each Item No. 250. M:xli.fy Special Guide Sign, GrOlhti M:xmt.......per Square Foot Item No. 150. M::xll.fy Special Guide Sign, Overhbd........... per Square Foot Item No. 622 . Precast ConCTete li3tllan Barrier. ~ . .. . .. . .. . . . . per LinSar Foot Item No. 632. Variable ~sa9E! Sign, Portable.......................per Each Item No. 641. Tarporary Guardrail Aneharage, ~ 9.............. ..per Each Item No. 647. !JXaffic Signal 1nstallation, ~..'.................Imp SUm Item No. 647. Flashing Beacon AssentJly, St.rueture M::lunted............per Each Item No. 647. Flashing Beacon Assembly, Cable Supported............. per Each " "'21- TC-23 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 THE ___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) WHO HAVE BEEN DULY AUTHORIZED TO EXECUTE THIS AGREEMENT: WITNESSETH: WHEREAS, THE DEPARTMENT AND 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 SUPPLEMENTAL SPECIFICATIONS AND SPECIAL PROVISIONS INCLUDED IN AND MADE 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. (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 CONSIDERED UTILITIES. IN ADDITION TO THE fOREGOING, THE (COUNTY/CITY) SHALL OBTAIN APPROVAL OF PLANS AND ACQUIRE EASEMENTS OR OTHER PROPERTY RIGHTS FROM THE RAILROAD FOR CONSTRUCTION WITHIN RAILROAD PROPERTY/RIGHT OF WAY AND SHALL PROVIDE fOR THE PROTECTION OF RAILROAD 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 AFTgR 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, THE DEPARTMENT RESERVES THE RIGHT TO CHARGE THE COUNTY, NOT AS A 1J~~/' 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 SHALL 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 PROJECT 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 WORKPLACE 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. ------------------------------------------------------------------- DOT- 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 SPECIAL PROVISIONS 03/27/96 PAGE 1 CT rD: C-31654-960-0 1.633 MILES OF DRAINAGE IMPROVEMENTS ON BOYKIN RD. S.P. SPECIAL PROVISIONS DESCRIPTI~N CODE 107190SP 108178SP 161289SP 300284SP 400287SP 402189SP A93000SP SEC 161 sec 201 SEC 208 SEC 210 SEC 500 SEe 603 SEC 805 SEC 813 LEGAL REGULATIONS (ENVIRONMENTAL) COUNTY/CITY CONTRACTS WAIVE PROGRESS SCHEDULE SOIL EROSION & SEDIMENTATION COUNTY /CITY CONTRACTS WAIVE FINE GRADER ASPHALTIC CONCRETE (COUNTY CONTRACTS, LARP, LAB & AIRPORTS) HOT MIX RECYCLED ASPHALTIC CONCRETE CO. CTS..LARP & AIRPORT -1993 STANDARD SPECIFICATIONS EDITORIAL CORRECTIONS CHIEF ENGINEER CONTROL OF SOIL EROSION AND SEDIMENTATION CLEARING AND GRUBBING RIGHT OF WAY EMBANKMENTS GRADING COMPLETE CONCRETE STRUCTURES RIP RAP RIP RAP AND CURBING STONE POND SAND PLANS (3). pO7=-3 . I I I I '1 I I I I I I I I I I I I I I . I Revision. Hay 1~ 1994 DEPARTMENT OF TRANSPORTATION STATE O~ GEORGIA SPECIAL PROVISION SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO 'tHE PUBLIC ~10DIFICAT~ON TO THE CURRENT STANDARD SPECIFICATIONS DELETE SUB-SECTION 107.23 AS WRITTEN AND SUBSTITUTE THE FOLLOWING. 107.23 ENVIRONMENTAL CONSIDERATIONS. Alt environll1~nta1 considerations and clear~nces shail be the responsibility of the County or municipality to meet, including the requirements of Section 404 of the Clean Water Act (33 USC 1344). Af:\!r July 1, 1991, State funded projects must comply vith the requirements of Chilrter 16 of Title 12 of the Of:ic1al Coc!e ~)f Ceorgia Annotated, the Geo:"giG Environmental Policy Act (GEPA), of 1991. In compliance \tith CEPA, :~ose p:"ojects for ,...hich Federal funding is so~ght, and NEPA. cOi4pliance is 2ccomplished, are exempt fro~ the requirements of GEPA. GE?A requires that environment&1 docu~entation be accomplished for County or City projects if more than 50 percent of the total project cost is funded by a grant of a Sta;e Agency or a grant of more than $250,000 is made by the State Agency to the municipality or Counc:y. The "responsible official of the government agency shall determine if a proposed governmental act;ion is a proposed governmental action vhich may significantly adversely affect the quality of the environment". ^. THE ~OLLO"'1NG PROJECTS WOULD NOT SIGNIFICANTLY ADVERSELY AP'YECT. THE QUALITY OF THE ENVIRONMENT. Non-land disturbi'\g activities and minor land disturbing activities uhich uould not be anticipated to significantly adversely affect the quality of the environment include the follouing Ust. These types of projects funded vith state money vould not be subject to environmental assessment of any kind. Hearing procedures outlined 1n CEPA would not be applicable. 1. Minor roadway 1nd non-historic bridge project.. a. Moderni%a~ion of an existing highuay by resurfacing, restoration, rehabi11tation, adding shoulders, \tidening a single lane or lu,) in each direction, and the addition of a median ",ithin previously disturbed existing right-of-",ay. b. Adding auxiliary lanes for localized purposes C",eaving, climbing, speed changes, etc.), and correcting substanda~d curves and intersections \tithin previously distprbed existing rig~t-of- \lay. c. Non-historic bridge replacement projects in existing alignment \lith no detour bridge. DO7=- ~ .. ., I I I I I I I B. I I I I I I I I I I I I ,--~. " .. 2~ Lighting, signing, pavement marking, signalization, freeway surveillance and control systems, and railroad protective devices. 3. Safety projects such as grooving, glare screen, safety barriers, energy attenuators, median ba~riers, etc. 4. Highway landscaping and landscape modification, rest area projects and truck weigh stations within previously disturbed exis~ing right- of way. 5. Construction of bus shelters arid blYs within existi?g rlght-of-~ay. 6. Temporary replacement of a highway facility which 1s commenced immediately after the occurrence of a natural disaster or catastrophic failure to restore t~e highwaYofor the health, welfare, and safety of the public. THE FOLLOt.lING PROJ"ECTS KAY NOT SIGNIFICANTLY ADVERSELY AFFECT THE QUALITY OF THE ENVIRONMENT: For projects ,-,hich '-'ill cause land disturbance and for which there is no cnticipation that the project may significantly adversely affect the qlJal1ty of the environment, certain studies will be undertaken. These studies '-'ould serve to document whether or not the County or municipality should anticipate that a project might significantly adversely affect the quality of the environment. Documentation of the studies 'Will be accomplished through he use of the "GEPA Investigation Studies" checklist. The types of project which would fall under the category would include: 1. Bridge ~eplacement project on new location or with a detour bridge, w~ere there are no significant adverse impacts to historic or archaeological resources, no involvement with Federally listed threatened and endangered species and no significant adverse impact to ,-,etlands. 2. Passing lanes, median additions and widening project.. where there are no significaOnt adver.e impacts to historic or archaeologIcal resources, no involvement 'With Federally li.ted threatened and endangered species and no significant adverae impact to wetlands. 3. Safety and interaection improvement. where there are no .ignificant adverae impact. to historic or archaeological resources, no involvement with Federally listed threatened and endangered specl!s and no significant adverse impact to wetland.. - 4. Rest area projects and truck weight stationa with no purchase of additional right-of-wIY. 5. New location projects where there are no significant adverse ~mpacts to historic or archaeological resources, no involvement with Federally listed threatened and endangered species and no significant adverse impact to wetlands. DOT-S I .1 I I I I I I I I I I I I I I I I I ....,,~.. . . If studies demonstrate that the project vIII not 8ignificantly adversely affect the quality of the envIronment, project files viII be documented. If studies demonstrate that the project may significantly adversely affect the'quality of the envirpnment, development of an environmental effects report (EER) viII be undertaken along vith full GEPA Compliance. . c. THE FOLLCM:HG PROJECTS KAY SIGNIFICANTLY ADVEiSELY una nm QUALITY OF THE ENVIRONMENT, This category of project may include major widening and new location project.. If such projects result in a lignificant adverse effect, an EER shall be .prepared. D. lER PROCEDUREz GEPA calls for consIderation of the "cumulative effect of the proposed g~vernment actions On the environment....if a serIes of proposed government actions are related either geographically or as logical parts in a chain of contemplated act ions". Therefore, EER I S for sections of roadways to be widened or built as new locatIon facilities wIll include all projects which are .connected geographically or as logical parts in a chain of contemplated actions. . 1. During preparation of an environmental effect report, the County or municipality will consult with and solIcit comments from agencies which have jurisdiction by law, specIal expertIse, or other interest with respect to environmental impacts. 2. In compliance with GEPA th'e following shall be contained in the EER, at a mlnlmumz a. Cover sheet; b. Executive summary; c. Alternatives, includIng the no-buIld; d. Relevant environmental settI.ng; Geology, sOlh, vater supply and wetlands, floral fauna, archaeology/history, economIc enVironment, energy, cultural re50urce81 e. The environmental impact of the proposed action of the relevant setting and mItigation measures proposed to avoId or minimize adverse impact; f. UnavoIdable adverse environmental effect'l g. Value of short-term u.es of the envIronment and maIntenance. and enhancement of its long-term value; h. Beneficial aspects, both long term and short term and 1 ta economic advantages and disadvantages; i. Comments of agencIes \lhlch have jurisdiction by la\l, spechl expertise, or other Interest With respect to any p.n~ironmental impact or resource; . DO": ~ I I I I I I I I I I I I I I I I I I I . . . . 9. ; 3. At least 45 days prIor with the undertaking, in vhich the proposed to occur notice that d". prepare : to making a decIsIon as to vhether to proceed publish in the "legal organ of each county governmental ac.tion or any part thereof i. an ~nvlronmental effects report haa been 4. The County or lDunicipallty shall send a copy of the EER and all other comments to the DIrector, EPD. 5. The County or munIcipality shall make the document available to the publIc and agencies, upon request. 6. A public hearIng vBl be held in each affected county if ~ least 100 residents of the State of Georgia request on vithin 30 days of publication in the legal organ of an affected county. The . responsible official or his designee may hold a public hearing if less than 100 requests are received. [The County or municipality is not relieved of other State legal requirements of public hearings, however.] - 7. :ollowing the public notice period 2.r.~/or public hearIng a summar)' of the document, comments received an~ recommendatIon as to whether to" proceed with the action as origInally prepared, to proceed with changes, or not to proceed will be prepzred (Notice of DecisIon). 8. This decision document, when signed by the responsible official, \lill be. sent to the Director, EPD, and an abbreviated notice of the decisIon wUI be published in the legal organ of each county in \lhich the proposed governmental ~ction or any part thereof is to occur. A copy of the decIsion document, the EER, and public hearing comments (ff any) ",ill be sent to the DEPARn!ENT OF TRANSPORTATION, OFFICE OF ENVIRONMENT AND LOCATION and the DEPARTMENT OF NATURAL RESOURSES, ENVIRONMENTAL PROTE'CTION DIVISION for their files. DEPARTMENT OF TRANSPORTATION .OFFICE OF ENVIRONMENT AND LOCATION . 3993 AVIATION CIRCLE ATLANTA. CEORGIA 30336 DEPARTMENT OF NATURAL RESOORSES ENVIRONMENTAL PROTECTION DIVISION 205 BUTLER STREET, SE SUITE l152 ATLANTA, GEORCIA .30334 Any mitigation measures identified in the EER vBl be incorp~~ated into the final project plans. Office of State Aid lJtJ 7, 7 I I I I I I. I I I I I I I I I I I I I 108l78SP DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 SECTION 108 - PROSECUTION AND PROGRESS MODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS FOR THIS PROJECT, THE PROGRESS SCHEDULE REQUIRED BY ARTICLE 108.03, NEED NOT BE SUBMITTED. f)()?:-? I I I I I I I I I I I I I I I I I I I 161289SP DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICATIONS JULY I, 1993 REVISED: NOVEMBER 6, 1995 SECTION 161 - CONTROL OF SOIL EROSION AND SEDIMENTATION MODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS RETAIN AS WRITTEN AND ~DD THE FOLLOWING: ALL EROSION CONTROL ITEMS NOT COVERED ELSEWHERE IN THIS CONTRACT SHALL BE THE RESPONSIBILITY OF THE COUNTY OR CITY TO MEET THE REQUIREMENTS OF CHAPTER 7 OF TITLE 12 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, THE EROSION AND SEDIMENTATION ACT OF 1975, AS CURRENTLY AMENDED. f)tJ7- 1 ..,-'--;~~-r. I I' I I" I I I I I I I I I I I I I I I I 300284SP DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 SECTION 300 - WAIVE FINE GRADER MODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS FOR THIS PROJECT A FINE GRADER AS SPECIFIED IN ARTICLE 300.03.H. WILL NOT BE REQUIRED. D07=-/{) -y~..,,.... ~. , -~-'_.'--'--'" P....... .__ I I I I I I I I I I I I I I I I I I I ~~~....,. 400287SP DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 SECTION 400 - HOT MIX ASPHALTIC CONCRETE CONSTRUCTION MODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS 400.05 CONSTRUCTION 400.05.C.4.: 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. 400.05.C.4.a.: SELECTION OF MIX TYPE OF LEVELING AND PATCHING: RETAIN RETAIN AS WRITTEN AND ADD THE FOLLOWING STATEMENT UNDERNEATH TABLE 400.05.C.4.a. WHERE THE SURFACE MIX IS TO BE A SAND ASPHALT, SAND ASPHALT I OR SAND ASPHALT II WILL BE ALLOWED FOR LEVELING AND/OR PATCHING IN ADDITION TO THE ABOVE MIXES. SAND ASPHALT WILL NOT BE ALLOWED UNDERNEATH SURFACE TREATMENT, SLURRY SEAL, OR OTHER ASPHALTIC CONCRETE MIXTURES. EITHER OF THE (G) MIXES SHOWN IN SUB-SECTION 828.04 WILL BE ALLOWED WHEREVER ASPHALTIC CONCRETE (G) IS CHOSEN AS THE LEVELING AND/OR PATCHING COURSE. IN ADDITION, WHENEVER ASPHALTIC CONRETE (G) IS DESIG- NATED AS THE SURFACE MIX, EITHER OF THE LISTED (G) MIXES WILL BE ALLOWED, AT THE CONTRACTOR'S DISCRETION. 400.05.0.1.: THICKNESS OF LAYERS: CHANGE THE MINIMUM LAYER THICKNESS FOR H MIX AND G MIX IN TABLE 400.05.C.l AS FOLLOWS: MIX TYPE MINIMUM LAYER THICKNESS H 7/8 IN (85 LBS. SQ YO) 3/4 IN (80 LBS. SQ YO) G 400.05.F.: CONSTRUCTION OF CONTROL STRIP AND DETERMINATION OF TARGET DENSITY: DELETE THIS SUBARTICLE IN ITS ENTIRETY AND ADD THE FOLLOWING: CONSTRUCTION OF CONTROL STRIPS WILL NOT BE REQUIRED AND 96% OF LABOR- ATORY DENSITY OR MAXIMUM PRACTICAL DENSITY SHOULD BE USED TO CONTROL COMPACTION. THE TEMPERATURES AND LIFT THICKNESS LISTED IN TABLE 400.05.A. ARE TO BE USED AT THE DISCRETION OF THE ENGINEER TO INSURE ADEQUATE COMPACTION. 400.07 ACCEPTANCE PLANS DO~/I 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 SPECIAL PROVISION 400..07.A: DELETE ALL REFERENCES TO PAY ADJUSTMENTS AND PAY FACTORS AND ADD THE FOLLOWING THE AVERAGE OF THE LOT SAMPLES SHALL BE APPLIED TO THE ALLOWABLE TOLERANCE FOR A 1.00 PAY FACTOR AS SHOWN IN TABLE 400.07.A.1 AND 400.07.A.2 AS APPROPRIATE. THESE TOLERANCES WILL BE USED TO CONTROL THE MIX. ANY DEVIATIONS BEYOND THE TOLERANCES WILL REQUIRE THAT A PLANT OR MATERIAL ADJUSTMENT BE MADE IN ORDER TO BRING THE MIXTURE CONTROL. 400.07.B.: DELETE ALL REFERENCES TO' PAY ADJUSTMENTS AND PAY FACTORS AND DELETE THE COMPACTION ACCEPTANCE SCHEDULE TABLE 400.07.B.1 AND ADD THE FOLLOWING: THE COMPACTION SHALL BE CONTROLLED AS PRESCRIBED IN 400.05.F. ABOVE. 400.07.C.: SURFACE TOLERANCE: DELETE AS WRITTEN AND SUBSTITUTE THE FOLLOWING 1. VISUAL AND STRAIGHTEDGE INSPECTION: ALL PAVING SHALL BE SUBJECT TO VISUAL AND STRAIGHTEDGE INSPECTION DURING CONSTRUCTION OPERATIONS THEREAFTER PRIOR TO FINAL ACCEPTANCE. A TEN FOOT STRAIGHT- EDGE 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 TEN FEET FOR BASE, INTERMEDIATE, AND SURFACE COURSES SHALL BE CORRECTED. IRREGULARITIES SUCH AS RIPPLING, TEARING, OR PULLING WHICH IN THE JUDGE- MENT 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.: DELETE THIS SUB-SECTION IN ITS ENTIRETY. 400.10. PAYMENT: DELETE THIS SUB-SECTION IN ITS ENTIRETY AND SUBS- TITUTE THE FOLLOWING: 400.10. PAYMENT: 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 AND FOR ALL APPROVED ADDITIVES, FOR ALL CLEANING AND REPAIRING OR PREPARATION 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.........PER TON DtJ~ 12- _",.~......_._ ~-';'r;"'" -. . . -~.T..-_..:~...:.-...: --:.... I."" . 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 SPECIAL PROVISION ITEM NO. 400. INCH ASPHALTIC CONCRETE ( TYPE) , (GROUP- BLEND) INCLUDING BITUMINOUS MATERIAL...PER SQ. YD. ITEM NO. 400. ASPHALTIC CONCRETE PATCHING INCLUDING BITUMIMOUS MATERIAL...................PER TON ITEM NO. 400. ASPHALTIC CONCRETE LEVELING INCLUDING BITUMINOUS MATERIAL...................PER TON MATERIALS AND RESEARCH DtJ?: /3 _~:..~,~,_. _,_.. ~:~.'..: ,..4II.~-:,r;/~\"'----' ' ~'--:-':V---- .._-~....."..._....... "... ., 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 SPECIAL PROVISION 402189SP FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 SECTION 402 - HOT MIX RECYCLED ASPHALTIC CONCRETE MIODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS 402.02 MATERIALS: 402.02 C. RECYCLED MIXTURE: DELETE AS WRITTEN AND SUBSTITUTE THE FOLLOWING: 402.02 C.. RECYCLED MIXTURE: 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 STABLE 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 EXCEPT 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 IS USED, IT SHALL BE ADDED AT A RATE OF 0.5 PERCENT OF THE NEAT ASPHALT CEMENT ADDED TO THE MIXTURE. 402.05 PAYMENT: RETAIN AS WRITTEN AND ADD THE FOLLOWING: ITEM NO. 402. RECYCLED ASPHALTIC CONCRETE, (TYPE,) (GROUP-BLEND) INCLUDING BITUMINOUS MATERIALS ...............PER TON ITEM NO. 402. RECYCLED ASPHALTIC CONCRETE (TYPE), (GROUP-BLEND), INCLUDING BITUMINOUS MATERIALS..............PER SQUARE YARD ITEM NO. 402. RECYCLED ASPHALTIC CONCRETE PATCHING, INCLUDING BITUMINOUS MATERIAL........................PER TON ITEM NO. 402. RECYCLED ASPHALTIC CONCRETE LEVELING, INCLUDING BITUMINOUS MATERIAL........................PER TON. D() -,; If I I I I I I I I I I I I I I I I I I I -.~- PAGE SECTION 081 109 125 171 133 201 143 - 206 250 400 260 400 271 402 294 424 294 424 June 8, 1993 First Use: July 1, 1993 Revised: December 9, 1993 DEPAImIENT OF TRANSPORTATION STATE OF GIDRGIA SUPPLEMENTAL SPEX:IFICATION K>DIFICATION TO 1993 SPEX:IFICATIONS 1993 STANDARD SPEX:IFICATIONS EDITORIAL CORRECTIONS CORRECTION Sub-Section 109.08.B, Line 11, change reference to GA State Law from "Section 20-1408 of the code of Georgia of 1933" to "Section 13-6-13 of The Official Code of Georgia Annotated." 171.02 Table. Under Type "C" change tensile strength for warp from 120 to 260. 201.03 The second, third and fourth paragraphs are out of place and should be moved to Sub-Section 201.02.E.3. Change Sub-Section 206.04.A to 206.03.A. Add small letter "a." before SELECTION OF MIX TYPE OF LEVELIH:; AND PATCHIH:;. In Table 400.07.A.2. line 3 of heading, change the word "Surface" to "Subsurface." Paragraph one, line 3, change the word "contracted" to "contacted." In Table 1 under Double Surface Treatment Stone Size 7 and 89, change application rate for first application of RS-2h, CRS-2h, CRS-3 (CBAE 2 or 3) from ".30-.32" to ".20-.32." In Table 1, delete the Total Stone spread rate of .48-.68 as shown for Double Surface Treatment Stone Size 7 and 89. 1 D{}~ 15 I I I I I '1 I I I I I I I I I I I PAGE SI<<:.'TION 302 427 318 430 328 430 329 430 332 430 356 440 380 & 381 450 384 451 387 452 546 520 587 535 589~ 535 vi&614 551 643 581 June 8, 1993 First Use: July 1, 1993 Revised: December 9, 1993 CORRECTION . In Table 1, add Mixture Control Tolerances as follows: Mixture Control Tblerances % Passing 3/8. Sieve % Passing No. 4 Sieve % Passing No. 8 Sieve % Passing No. 50 Sieve % Passing No. 200 Sieve % Residual Asphalt :to% :t6% :t5% :t4% :t3% :to.75% 430.05.A.3. In the last line, 31 1/2 hours + 30 minutes needs to be changed to 24 hours! 15 minutes.- 430.04.E.2. The last paragraph on this page should be identified as Sub-Section a. 430.04.E.2 The first paragraph on this page should be identified as Sub-Section b. and the second paragraph as Sub-Section c. 430.04.H.2. The reference to 430.04.1 in the third line should be 430.04.H. 440.06.B.2. The formula in this specification should be modified by changing! .18R to + .18R. Change specification reference fram Section 610 to 609. Change specification reference from Section 610 to 609. Change specification reference fram Section 610 to 609. 520.03.B.1. - last sentence change .charges. to .charts. 535.03.D. change the term · snooper tuk. to · snooper truck. · Table for Ordinary Exposure and Heavy Exposure. Change paint numbers as follows: ID to lA 2E to 2A 3F to 3B Title - change the word .Pipe. to .Pile. Change Sub-Section number 518.17 to 581.17. 2 DO~/b ! I I I I I I. I I I I I I I I I I I I I PAGE SB::TION 711 636 713 636 714 636 720 637 736 641 739 643 760 653 762 653 762 653 765 654 765 654 766 654 767 655 820J 682 868 703 890 800 899 805 June 8, 1993 First Use: July 1, 1993 Revised: December 9, 1993 CORRECTION 636.02 Line 1, change the word "Meets" to "Meets" 636.03.E. paragraphs two through five should be moved to Sub-Section 636.03.C. 636.03.E. paragraphs 'six and seven should be moved to Sub-Section 636.03.B. 637.02.G.2. NONMETALLIC CONDUIT - change reference from "Federal Specification W-C-1094" to reference "Sub-Section 923.03." 641.02 Materials - change reference to Sub-Section 859.05 to 859.04. 643.03.B.1. CHAIN LINK FENCE - change "grate" to "gate." 653.02.C.l.e. - change "GRADUATION" to "GRADATION." 653.03.B.1. in paragraph five, the word "consruction" should be "construction." 653.03.B. next to the last line sixth paragraph "17 pounds" should be "14 pounds." 654.04 in Paragraph 1 Line 9 the word "condtions" should be "conditions." 654.04 in Paragraph 2 the word "adhesvie" should be "adhesive." 654.04 in Paragraph 7 the word "manufactuerer's" should be "manufacturer's." 655.03 CONSTRUCTION - reference to "Sub-Section 654.03" should be changed to "Sub-Section 654.04." Under Sub-Section 682.03 add a ccmna. between the words Construction and Measurement. Specification Title - change the word "Three" to "Tree" 800.01.A.3.d. - second line "aminimum" should be "a minimum. " 80S.0I.A. - TYPE 1 second line "value" should be "volume." 3 DOT-17 I I I I I I I I I I I I I I I I I I I PAGE SECTION 902 810 908 815 935 833 947 843 951 847 976 862 1036 893 1036 894 1038 894 1041 911 1044 June 8, 1993 First Use: July 1, 1993 Revised: December 9, 1993 CORREX:'l'ION 810.01.A.Class III First paragraph eighth line No.20 should be changed to No. 10. 815.01 Method of test - last line -Equipment-should be . -Equivalent.- 833.06 Table - -Movement Capability & Adhesive- should be -Movement Capability & Adhesion.- 843.03 Paragraph 1 Line 5 remove -both with the requirements of AASHTO: M 86, Table 1, Class 1,.- 847.05.A. -AWWA C 20" should be -AWWA C 202.- 862.02.A. Quality - reference to -Sub-section 859.05- should be changed to -Sub-section 859.04.- 893.09.C. last "chemicals." paragraph change -chemials- to 894.01.B.2. - fifth line -ally- should be -alloy- 894.05. F. third line should read -being replaced or the existing fence as applicable.- 911. 01. C. 4. Should read: - Bol t holes may be punched or drilled and shall be 3/8-inch in diameter and spaced I-inch center to center (:t 1/32-inch) beginning 1 inch from the top and extending the full length of the post for Types II, III, and IV and extending a minimum of eighteen inches for Type I. Field punched holes will not be perrni t ted. - 911 911.05 Wood Sign Posts - reference to Sub-Section 859.05 should be changed to Sub-Section 859.04. 1052 1108 913 913.01 Table III, change -TYPE II- to -TYPE III.- Add -Indentation Rumble Strips- . . . page 391 INDEX Office of Materials and Research 4 D 0 -;: /4' I I I I I I I I I I I I I I I I I I I April 14, 1994 .. '. , DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION MODIFICATION OF THE STANDARD SPECIFICATIONS, 1993 EDmON NOTICE Retain the Notice above as written on page ii, and add the following: All references to State Highway Engineer mean, and shall be deemed to mean, Chief Engineer. Engineering Services f)o-;;, /9' I, I I I I I I I I I I I I I I I I I July 10. 1995 DEPARTMENT OF TRANSPORTATION State of Georgia SUPPLEMENTAL SPECIFICATION Modification. to the Standard Specifications, 1993 Edition "'-..' SECTION.161- CONTROL OF SOIL EROSION AND SEDIMENTATION Modify as follows: Delete the third paragraph of Sub-Section 161.01 and substitute the following: The erosion control features installed by the contractor shall be effectively maintained by the contractor to contain erosion and sediment within the limits of the rights of way and to control the discharges of storm-water from disturbed areas so that all local. state, and federal requirements on water quality are met. Water Quality testing will be done by the Department Retain the existing Sub-Section 161.04 and add the following after 161.04.D: E. Schedule for payment of lump swn Erosion Control. including temporary grass and mulch items. Delete Sub-Section 161.06 and substitute the following: 161.06 MEASUREMENT: Control of Soil Erosion and Sedimentation will not be measured separately for payment 161.07 PAYMENT A When no pay item is shown in the Contract. all of the requirements of Section 161 and the Erosion Control Plan shall be in full effect The cost of complying with these requirements and the cost of Temporary Grass and Temporary Mulch will not be paid for separately. but shall be included in the overall bid submitted. B. When listed as a pay item in the Contract. payment will be made at the Lump Sum price bid. which payment shall be full compensation for Control of Soil Erosion and Sedimentation including temporary grass. temporary mulch and other work-described under Section 163. on the Plans and on the Standards that is not paid for separately. Payment will be made according to the Approved Erosion Control Schedule as set fonh in Section l6l.04.E.. not to exceed 100 (%) percent of the lump sum price bid. Payment will be made under: D 0 1- 20 I I I I I I I I I I I I I , iIii VID)lOHD dO H~ ViS . __u ~OIJ.VJ..~OdSN~~.!IO ~ffi'\I-!-~d3an "..,'.s.-..;W.~ A VM :fO IH~ibl ~NI88nbl~ ONV ~.NlblV311o-~oZ NOIJ.038 NOIIVOI:fI03dS lVJLN3!1\l31ddns EGG! '~~ .taq~o :asn lS.l!d EGG! '9! .Iaqm~das :pas~~ aOmp:3: EGG! 'saO!luoy!:JadS pmpaulS aquo aonuo!ffi>OW :fJU!molloJ a'l{l ~nmsqnB PUfJ (:-:ErgO .log uO]I:Jas-qns jo 'l{dTJ.lffo.md puo:Jas joa:Jualuas IS.J7) a'l{l ~alaa o :smOZloj (If) Idana 'u~1!.Jm 1m AfJMjo l'l{fJ!U fJutqqTUD PUD fJU!.maza 109 UO!I:Jas U!DliPH .apoo qons Aq ap!qu Ol.l~u.llaOD aql JO Almq!saodsa.l aql aq tf9t{S l! 'apoo {Bao[ .10 '~UlS '[B.Iapad U Aq ~!-Ilsa.l S! 8tl'!lUt\q a.xaqM uare au tI!'ll!M saH 'joa.xaql aon.lod Aau .10 'AUM. JO l1l8rn: aql trat{M :fJU!molloJ a'l{l alnmsqns PUD '.e';l.gO.lOg UO!I:Jas-qns ~azaa 'al!S [Bsods!p ~S9M PHoS paAO.Iddu au tq p~!sodap .10 'tIO!lOn..IlStIOJ laatm[tIBqma .I0J A.x~uJsnus s! {B~~'Bm t{Jns pap~O.Id 'ltraunytrBqma tq pa:ro[d aq .Ialll!a tf9t{s [B!.lal'BtD ~M PHos rrv :[B!-I~'BW als'B M pnos .S 'sa.mpa:>O.ld .8aynouoJ at{l lll'fM aoaup.lo:J:Ju tIJ aq ITBlls SfB!-I~um asalllJo aomsodsp> at{J. .StIo!lUrnsa.x ptm sa[IU (liNGO> sa:unosalI [B.lnlua ;0 laaml.lBdaa u!8.1oaO at{l JO (ad:3:) ~Js~m UO!l:JalO.Id fBluawao.f!Aa:3: at{l Aq paayap a.m s[B!-I~'Bm ~SUM PHos pal'B[n8a.l pau palu[tUla.l-tIotI JO tIOn'BJ!.HSS'B[:J all.!. :[B!-IaluwalSUM PHoS pa'l'B[tUla.l-tIoN .U '.Iaatq8a:3: at{l Aq ~oe.xw su ptm 90~ tIO!l:JaS t{l!M a:>aup.lo:JOu tq pa:Ju[d aq tf9t{s SfB!.lal'BtD asa'tL "WOO.I a[qU[fBAU S! a.lat{l pap~o.ld 'AU M. JO It{8rn: aql tI!'ll!M pa:JB[d aq AUW l[Bt{dsu pa.mJ pau luawa:uo;tlFu lnot{l!M ptI'B t{l!M ~Jaoo '){J~q '){:>O.I 'nos su patIyap [B!.I~'BW ssaoJr3: m .Al!saap..up ..uOlU.loqU[ wnmprnm al{lJo %OGlSUa[ lU Ol ~udmo:J aq tf9l{s l! ldaJxa '80~ aO!l:JaS l{l!^\ a:Jtmp.lO:X18 tq paptulsaoo aq tf9l{s tlY al{J. .nos JO looJ oM; JO tIrn'W!tI'!UI U l{l!M pa.IaAOO aq ITBl{s [tyJo .IaAU[ lSU[ a'tL 'fB!.I~UW.Iaay l{l!M paUY aq [fBt{S SP!OA .sla){:x>d P!OAU Ol p~nq!.lls!p pau ){;)!l{llaaJ aa.lt{l .IahO lOa S.IaAU[ m.loJ!tI1l tq pa:Ju[d S! [B!RJuw alll pap~oJd 'A'BMJo ll{8rn at{l ap!Slno pa:>u[d aq A'BtD 'ltrama:uoJtI!a.x lnolll!M pau l{l'f^\ ~aJ:)aoo 'Jp!Jq ']poJ 'nos su paagap IIY aomtUo::) (~) .J~'BJlao::) al{l Aq asn .10 afBs .10; pamrapaJ aq A'BW StlO!lU[n8a.x ptm sa[lU ad:3: Japan AJrranb lUt{l S[B!.XalBm .Iat[lO ptm '['Bl9tII ':J!lSfJ[d '~acaoo ltra1llaO PtI'B[l-IOd '~aJ:)aoJ J!lfBl{dsu su l{:Jns pasna.x .10 papA:lraI aq A'BtD lUt{l S[B~uW (8) fB!-I~'BW palurrutalI 'q 'UYPau[ ~SUM PHos P'rn!W.Iad B Ol tra][Bl aq lsnm fB~um aql '.10 'sa(lU (ad3:> tIo!9'!A!a tIO~ [BltIatlIlIOl!Aa3:IHNaO lll!M a:>aup.lo:JOu tq fBsods!P .10) nm.xad IIYPau[ l-Iatq au a.l!nba.l pal:J'BdwOJ p'llB paxaAU[ A[.xadO.ld loa'p' aAoqu (~rU.E tq pa~H StIIal! pau 'M/H al{l jJo pasods!p l['Bl{dsu pamJ 'SaABa[ pau 9qtIIf( 'sdmnlS su t{Jns 9!.1qap J~O su patxgap a'lS'BM :J,IatIl m .a'lu!-IdO.lddu Ii! JaAal{:J!l{M 'IIYPau[ 8l9BM PITos fBdp!tffiw U .10 IIYPau[ tIOnHomapftIO!lOtulStIOJ U Ol aal{Bl aq lsnm aO!lOn.IlsaOJ ;0 slOnpo.ld -Aq .xat{tO ptIB 'O!lSU[d 'S[a.u&q 'StIUoJ su t{Jns '~SUM 1-Iatq palB[tUla.l .10 p~'B[n8a.l-tIOtI su patsIT Atf9JypadS loa ~SUM PITos snopmzul{-aoa ptm aO!lITomapftIO!lOtulsao:J .lat{lQ (z:) /2-1.00 IIi! [II: I 1 I 1 1 '1, 1 1 I I 1 I I 1 I 1 I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (3) Oils, solvents, fuels, untreated lead paint residue and other solid waste classified as hazardous waste shall be disposed of through a properly licensed hazardous waste disposal facility. The cost of disposal of such waste shall be included in the bid price of other pay items. Removal of municipal solid waste discovered during construction or shown on the Plans shall be in accordance with Section 215. Delete Sub-Section 201.03 as written and substitute the following: 201.03 MEASUREMENT: Clearing and Grubbing will not be measured separately for payment. The area will be considered as the full Right of Way width for the length of the Project including all slope and construction easement areas shown on the Plans. J) 0 7: Z,Z- I 1 I 1 I I I I I I I I I I I 1 I 1 I ~~".f--='''~~.-~ " DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SUPPLEMENTAL SPECIFICATION SECTION 20s-E~BANKMENTS Modification of the Standard Specifications, 1993 Edition August 27,1993 First Use: December 17,1993 Retain Sub. Section 208.02 as written and add the following: 208.02.E. POND SAND EMBANKMENT: Pond sand meeting the requirements of Section 81g of the Standard Specifications may be used as embankment material subject to the following limitations: 1. Approval of pond sand will be on a stockpile basis only. 2. Pond sand will not be approved for Type I or Normal Back1ill materials, or backfill for mechanically stabilized walls. 3. Pond sand, when used as fill, shall be encapsulated with two feet of soil on the slopes and three feet of soil on top. 4. Use of pond sand is further restricted from sidehill fills or fill widenings where any of the following conditions exist: a. The proposed fill slope is steeper than 2:1. b. The thickness of the proposed fill, as measured perpendicularly from the new fill line to the existing ground slope/fill slope, is less than seven feet (including two feet of soil cover) at its least thickness. c. The fill height exceeds thirty feet. Do r:- z's I .1 I I I 'I I I I I 1 I I I I 1 September 23, 1993 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SUPPLEMENTAL SPECIFICATION Modification of the Standard Specifications, 1993 Edition SECTION 210 - GRADING COMPLETE Project Number: fl2.lD'V, to -I (z451 Delete Section 210 as written and SUbStitu~ollOWing: 210.01 210.02 210.03 ....".".' :r--' DESCRIPTION: This Work shall consist of the excavation of all materials of whatever nature including undesirable material (removal and replacement) and borrow if required; all necessary hauling; formation of embankments; shoulder construction; subgrade construction; ditch excavation; finishing and dressing and disposal of any undesirable or surplus material. It shall include all necessary clearing and grubbing, in accordance with Sections 201 and 202, required to complete the Work unless these items have been established as pay items in the contract. It shall also include the removal and disposal of miscellaneous roadway items, including but not limited to curbs, drainage structures and pavements, unless established as separate contract items. The completed grading work shall conform to the horizontal and vertical alignment and typical cross sections shown on the Plans or as directed by the Engineer. MA TERIALS: The materials required for the grading construction shall conform to the requirements of the applicable portions of Sections 204, 205, 206, 207, 208, and 209. CONSTRUCTION: Construction shall be in accordance with the appropriate portions of Sections 201, 202, 204, 205, 206, 207, 208, and 209 of the Standard Specifications. The Work shall be accomplished using equipment approved by the Engineer, which will not damage base, pavement or other appurtenances to be retained. Prior to placing any base material, the subgrade shall be finished in accordance with Sub-Section 209.03. -y ~ ~ ~ When the Engineer determines that the existing material in areas where fills are to be placed is undesirable, the Engineer may require the Contractor to remove the undesirable material and replace it with suitable material. Replacement materials shall be compacted in accordance with the applicable portions of Section 208. In cut areas, where the material below the template line is undesirable for subgrade or shoulders, it shall be undercut to a depth established by the Engineer and replaced with suitable material, Replacement materials shall be compacted as specified herein. D()~~. I 210.04 I I 1 I 210.05 MEASUREMENT: A. GRADING COMPLETE: The Work under this item will not be measured separately for payment. B. GRADING PER MILE: The Work under this item will be measured in linear miles along the centerline of the road or the median, including ramps, when shown on the Plans. C. UNDERCUT EXCAVATION: For undercut excavation directed by the Engineer and not addressed in the Plans, the quantity for payment will be the product of the length, width, and depth of excavation. Replacement material will not be measured for payment. For undercut excavation required by the plans, there will be no separate measurement for payment. PAYMENT: A. GRADING COMPLETE: Payment for this item, completed and accepted, will be made at the Lump Sum Price bid which payment shall be full compensation for all work and materials specified in this Section. B. GRADING PER MILE: Payment for this item will be made at the contract unit price per Linear Mile complete in place and accepted, which price shall be full compensation for furnishing and performing the work specified in this Section. C. UNDERCUT EXCAVATION: Payment for undercut of areas not shown in the Plans and when directed by the Engineer will be made at the rate of $4.00 per Cubic Yard for quantities up to 1000 Cubic Yards will be considered Extra Work as defined in Sub-Section 109.05 of the current Specifications and will be paid for accordingly. Payment shall be full compensation for excavating and disposal of undesirable material, and supplying, placing and compacting replacement material. Payment will be made under: ,~~..."". . Item No. 210, Grading Complete. . . . . . . , . . . . . , , Lump Sum Item No, 210, Grading Per Mile. . . . . . . . . . . . . . . per Linear Mile Item No. 210, Undercut Excavation. . . . . . . . . . . . . .per Cubic Yard ~ ~... ~ .b- ~ j)o ~ZS I I I 1 I I I I I I 1 I I I _._-.-- -..---- - --..", . t. ... . Revised: September 30, 1994 ' ~ DEPAR'nIENT OF TRANSPORTATICIi . STATE OF GEORGIA suppLPJmNTAL SPECIFICATIal Hodification of the Stanrf~rd Specifications, 1993 Edition SPX:TION 500 - CONCRETE S'l'ROCTORES Retain Section 500 as written except as follows: Add the following to Sub-section 500.02: , Granulated Iron Blast-Furnace Slag ......................................831. 03. B Add the following to Sub-section 500.03.B.5 just before the Concrete Mix Table: 5. GRANULATED IRON BLAST-FURNACE SLAG: When high-early strengths are not desired, Granulated Iron Blast-Furnace Slag may be used as a partial replacement for Portland Cement in all concrete, provided the following limits are met: a. The quantity of cement replaced shall be no more than 50% by weight. b. Cement shall be replaced by slag at the rate of 1.0 pound of slag to 1.0 pound of cement. c. The slag mix shall conform to the provisions of Sub-sections 500.03 and 500.04. d. Water-,cement ratio shall be calculated based on the'total cementious material in the mix including Granulated Iron-Blast Furnace Slag. e. Type IP cement or fly ash will not be permitted in slag mixes. Change Note 1, just after the Concrete Mix Table in Sub-section 500.03 to read as follows: 1. Portland Cement may be partially replaced with fly ash as provided in Sub-section 500.03 .B. 4 or ,with Granulated Iron Blast-Furnace Slag as provided in Sub-section sOO.03.B.s. /Jo;r;z G ,,~.~,..""" ,...& "-....--.:-,- --~ ""'-----_\.. -- I -. I I I I I II Revised: October 20. 1993 : . First Use: December 17, 1993 _. .. .. ... . ...... ..... . - ..-.- .., -......... .. . DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SUPPLEMENT~,SPECIFlCATION , KlDInCATION OF THE STANDARD SPECInCATIONS. 1993 EDITION SECTION 603 - lUP RAP Retain Sub-Section 603.03.8.2 as written and add the following: I I I: I I I! I I II i Ii I: II I I , Ii I 1 ~~_~"'r~~~~"" . . .~-'~o:!"......;...-..--.- Recycled concrete meeting the requirements of Sub-Section 805.01 may be used in l;eu of . stone when shown on the Plans or approved by the Engineer. The wse of recycled concrete will be limited to materials that do not contain any steel after processing. In addition, recycled concrete will not be permitted in aesthetically sensitive areas. .- . Office of Materials and Research Do.,:.:-z 7 .. . . 1 1 II I 'I I II I II ~ I I I I ~ I I I I . TJ?, -'. ~.. ~ DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA . SUPPLEMENTAL, SPECIFICATION SECTION 805-RIP RAP AND CURBING STONE September 1,1993 Revised: November 8, 1993 First Use: December 17,1993 Modification of the Standard Specifications, 1993 Edition Delete Sub-Section 805.01 and substitute the following: 805.01 RIP RAP: All stone for Rip Rap shall consist of sound durable pieces of rock meeting the following aggregate quality requirements: AE!'~eE!'ate Qualitv Abrasion Loss "B" Grading Soundness Loss Flat and Slabby Pieces Oength five times greater than the average thickness) Weathered and/or Decomposed Pieces and Shale 65% Maximum 15% Maximum 5% Maximum 5% Maximum In addition, stone for Stone Dumped Rip Rap and Stone for Plain Rip Rap shall meet the following gradation requirements: A. STONE DUMPED RIP RAP Gradation Type 1: For Severe Drainage Conditions or Moderate Wave Action: Size By Volume Approx. Weight Percent Smaller Than 4.2 Cu. Ft. 1.8 Cu. Ft. 0.8 Cu. Ft. 700 lb. 300 lb. 125 lb. 100% 50% - 90% 20% - 65% Zero (0) to fifteen (15) percent of the Rip Rap shall pass a four inch square opening sieve. Type 3: For General Use Normal Drainage Conditions: Size By Volume Approx. Weight Percent Smaller Than 1.0 Cu. Ft. .10 Cu. Ft. 165 lb. 15 lb. 100% 10 - 65% , Zero (0) to fifteen (16) percent of the Rip Rap shall pass a two inch square opening sieve. 1 DtJ 7-23 I I ~c I: I I; ! II I II I; II i II ! Ii II I I II I' I I I I I ! I 1 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA B. STONE FOR PLAIN RIP RAP: Stone for plain rip rap shall be clean and essentially free of rock dust and fines. The material shall be processed such that the largest pieces have a volume of not more than 2 cubic feet and not more than 10% of the total weight of rip rap shall consist of spalls passing a 5 inch sieve. C. TESTS: Methods of tests shall be in accordance with the following: Percent Wear Petrographic Analysis Rip Rap Size SoWldness (Magnesium Sulfate) AASHTO: ASTM: GDT: AASHTO: T96 C295 64 T104 DtJ T-l q 2 Ii I .1: I, I I I I I I I I I I I I I I I I :,-~~._,. DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SUPPLEMENTAL SPECIFICATION SECTION 813-POND SAND August 27, 1993 First Use: December 17, 1993 Addition to the Standard Specifications, 1993 Edition 813.01 POND SAND: Pond sand shall consist exclusively of granular crushed stone fines that are relatively free of silt balls and shall conform to the following requirements: A. Physical Properties: GRADATION SIEVE %PASSING 4" 1112 No. 200 Maximum Dry Density Volume Change 100 90-100 0-35 90 1b,fFT3 (minimum) 0-25 percent B. Methods of Tests: Gradation Maximum Dry Density Volume Change GDT4 GDT 7 or 67 GDT6 Do 7-30 1 I I I I I I I I I I I I I I I I I I I PROJECT NUMBER: i-oP PR 40- \ (245) RICHMOND DESCRIPTION: BOYKIN ROAD DRAINAGE IMPROVEMENTS NOTE: CONSTRUCTION PLANS ARE A V AILABLE FOR THIS PROJECT WHICH INCLUDE TYPICAL SECTIONS AND ALL PERTINENT DATA. PLANS PREPARED BY: W. R. TOOLE ENGINEERS, INC. ON JULY 12, 1995 NOTE: The Department of Transportation's participation in constructing this project is limited to the items set up for payment under this contract. All work not covered by this contract will be in accordance with plans prepared by ~ W. K. ~e.1 ofl.. go u; ~ . dated :\a..ly rz., m(. Any items or work required by these plans and not covered by this contract will be the responsibility of the county at no cost to the Department of Transportation. ..... .DD ~ '3/ "Tj ;::::l o ~ I I I I 3 I ,I r- ~ I :J J -0 "'> ~, ~'i'"tl' ..... - o o-i' ...... Sr ~ D ~ ID o ~ CJ t\1 '1 ~ ~ ~ ... ~ ~ ~ .);. o J () 10 t 6\ ~ () II:) ~ , ~ ~ (};). ~ ~ ... ~ t- D ~ D' 10 ~ ~ ~ ~ D 10 ~ .~ ~ ~ 6\ a , ~ ~I ~ ~ . ~ti-.1 oa ;! , tv :l c: 3 cr tv "'l o :: I"T ..- c.o ~ ..- tIl I"T lD o ~ ~ Q. n o "'l "'l tv c.o "0 o :l Q. t: ..- I"T I"T tv :l ... e- tv "'l o ..... I"T tv CD rT "'l nl III I"T o rT III :; ::> ""::l I I I I L \ , sa $ =i n ::0 (TJ ~ I I I I I I I i~ 4;~, ',~~~! :\ .,::-~~~ ,..;,l:'~. .:~ ,>:.'." .., :\ ..~.~~:.,.;.~~:~ '-~~:~~~~, . ....C' ":\ ~'\>~~~1 ~, ,,*,,' :~i1 .,,;.~~~~:, ~~.,.::-''':-'':' .....:.~., ~:i},~ :.;;~_"""':-:-;"J ..;,.."..~">\.'" ~.. ~t~' .., ''i.:''~'"'' ,,~) ".{,!/<,,;~~ '. :s;.~ ~ ;.., ~"".'''''' ~...);.~J ,1..' , {.j>' )