Loading...
HomeMy WebLinkAboutCBH CONSTRUCTION GOOD NEWS CHURCH j , ,,"L t>- /91$ 'l ~ ~~ I A CONTRACT DOCUMENTS FOR STORM PIPE REPLACEMENT GOOD NEWS CHURCH PROJECT NUMBER: 322-04 -206822001 Abie L. Ladson, PE, Director Engineering Department Invitation To Bid Sealed bids will be received at this office until 11 :00 a.m. Friday, February 29, 2008. Bid Item #08-054 Storm Pipe Replacement-Good News Church for Augusta Engineering Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street - Room 605, Augusta, GA 30911. Plans and specifications for the project can be made available upon request to Digital Blue Print. The fees for the plans and specifications which are non-refundable is $25.00 Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262 Merry Street, Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy, the Owner is providing the opportunity to view plans online (www.die:blueprint.com) at no charge through Digital Blueprint (706-821-0405) beginning Thursday, January 24,2008. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion ofthe project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre-Bid Conference will be held on Friday, February 15,2008 @ 10:00 a.m. in Room 605 of the Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. The last day to submit questions is Tuesday, February 19,2008 by 3:00 p.m. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond and a 100% payment bond will be required for award. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid are material conditions of the package. Any package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta Commission. Please mark Bid number on the outside of the envelope. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle Metro Courier January 24,31, February 7,14,2008 January 30, 2008 cc: Tameka Allen Abie Ladson Tony Williams Interim Deputy Administrator Engineering Department Engineering Department '\~ A CONFLICT OF INTEREST: It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract when the employee or official knows that: (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or fmancial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other City of Augusta employee has a fmancial interest is authorized as per O.C.G.A. 36-1-14, orthe procurement contract is awarded pursuant to O.C.G.A. 45-10-22 and 45-10-24, or the transaction is excepted from said restrictions by O.C.G.A. 45-10-25; (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or officials immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. Any employee or official or any member of an employee's or official immediate family who holds a substantial interest or fmancial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or fmancial interest. / I, (vendm) {l/k $I;(f/"," <.I /~ Z J {'0AI5tRUC7i PAi have ,eoo and unde",..nd the information eonwned m the bid ",eoifieati/1 Vendor Name: L},tf/ / {!tJ/JSlt2 U{;.iit?N Address: 6178 ;/6(-6-1(35 !4pU? OIl. City & State: j}fJIUIl/6- } Ctj 3t? f30z PhO~: (/0") /533 ",?32..r- Fax # 06~) 30 7 - q q 7 ~ ) Signature, {~,r:%Ii~ Dat" 02j2qf'i . Bid Item Number and Name: -1/ 0'$ - 05'1 c5m;2/V1 PIPE t2ePt.AtJG - f!.oOf;>NlaJ5 ()1/rt-~c.l1 THIS FORM MUST BE SUBMITTED WITH BID PACKAGE. NO EXCEPTION(S) WILL BE GRANTED ~ g'~.wU~uw.( ~ !pew' ~14 ~~ TO: All Bidders Phyllis Mills, Quality Assurance Analyst Abie Ladson, Engineering Geri Sams. Procurement Director DATE: February 22, 2007 SUBJ: Questions and Answers Received from Vendors BID ITEM: 08-054 Storm Pipe Replacement - Good News Church NEW OPENING: Tuesday, March 4th at 11 :00 A.M. ADDENDUM NO.1 The opening date for Bid #08-054 - Storm Pipe Replacement - Good News Church has been changed: FROM: Friday, February 29, 2008 @ 11 :00 a.m. TO: Tuesday, March 4, 2008 @ 11:00 a.m. Please replace tbe yellow Georgia Security and Immigration forms in your initial package with the blue Georgia SeCurity and Immigration forms that are Included with this addendum being mailed certified retum receipt. 1. (Q) Plans show junction boxes 2 ea. Bid schedule has 668-4300 storm manholes 2 ea. Which one do we bid on? (R) Junction boxes - 2 ea pay item # 668-5000 2. (Q) Where is Bid Item 668-1100? Catch Basin GP 1? (R) Is the existing WEIR INLET we are tying into. 3. (Q) Is the county going to give us the amount to add to bid for the Force Account Bid Item? (R) Yes the amount is $10,000.00 4. (Q) Will there be a lump sum construction bid item added to the Bid Schedule? (R) No 5. (Q) Will the asphalt patch require 8- concrete patch as shown on the detail or will be able to use GABC in lieu of concrete? (R) Yes 8" GABC. 6. (Q) Since GADOT is going to install items from Junction Box #2 will we still have to regrade the area per new contours as shown on the plans and do we install the rip-rap? (R) No, DOT will regrade right-of-way I no rip-rap , 1. (Q) Do you have an allowance for pay items 001-1000, Force Account? What is the amount? (R) Yes, $10,000.00 2. (Q) I understand this project begins at JB#2 which will be installed by others, is this correct? (R) No, junction box #2 will be installed by the contractor. 3. (Q) Is the County's Landfill prepared to receive the demo material from this project at a reduced rate? (R) No, the contractor is responsible for the disposition of materials. The site chosen for disposition must be an approved inert Landfill or the County's Landfill. Contractor must also disclose to Engineering the location(s) of disposition of materials. FROM: Please acknowledge addendum in your submittal. END ADDENDUM Room 605 - 530 Greene Street, Augusta Georgia 30911 (706) 821-2422 - Fax (706) 821-2811 www.augustaga.gov Register at www.demandstar.com/suoolier for automatic bid notification ADDENDUM 1 08-054 Page 1 of 1 SECTION IB INSTRUCTION TO BIDDERS IB-O 1 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated. will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRET A TIONS 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 Purchasing Department, 530 Greene Street, Augusta, Georgia, 30911 and to be given consideration must be received at least ten working 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 to the Augusta-Richmond County Purchasing Director at least five working prior to the date fixed for the opening of bids. The Purchasing Director shall send by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three working 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-l Engineering Department c....__ n;....... D.......I.........._......... r^",d 1\.T^....~ r.............. IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF A WARD 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 Engineering Department C"4._.._ n:__ "__1______4. r"__.... ltrr.T__~._ r"L____L 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 capital available, plant equipment, and his experience and general qualifications. The owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid ifthe 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 owner performing 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 Engineering Department c.......___ n:...... O.......I...n^_"".... r_n,",,~ 1'loJ...n'~ rhll.....h GEORGIA PROMPT PAY ACT This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond Count, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. NOTICE All references in this document, which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to "Richmond County Board of Commissioners" shall be deemed to mean "Augusta Richmond County Commission-Council and all references to "Chairman" shall be deemed to mean "Mayor". DISPOSALS Prior to any material from this project being wasted or otherwise disposed of outside the project limits the Contractor shall furnish the Engineer a copy of written permission, signed by the property owner (or his authorized agent) describing the estimated amount and type of material to be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other such materials are to be wasted on the property, a copy of the owner's inert landfill permit, issued by the Environmental Protection Division shall be furnished to the Engineer prior to any such waste being removed from the project. In all cases, regardless of the material being wasted, a grading permit issued by Augusta Richmond County must be furnished to the Engineer. PP A-I Engineering Department Storm Pipe Replacement Good News Church STORM PIPE REPLACEMENT GOOD NEWS CHURCH PROJECT NUMBER: 322-04-206822001 SPECIAL CONDITIONS SCOPE: This project proposes to replace 424 feet of corrugated metal pipe with reinforced concrete pipe. TERMINI AND LENGTH: (See plans) NOTE: Applications for all permits have been filed with Georgia Department of Transportation. In the event no permits have been issued, the Contractor shall schedule the work so that the construction in the permitted areas can be done in conjunction with the work adjacent to the permitted areas. INCIDENTAL CONSTRUCTION ITEMS: All work and materials without a specific pay item shall be considered incidental. To related pay items, but is not limited to, all removal and disposals, borrow if needed, remove and reset fences, remove and reset ornamental shrubs, bushes and sod, and the obtaining, maintaining and restoration of any required borrow and/or waste pits. DRIVEWAYS: All driveways shall be in conformance with GDOT standards. TYPICAL SECTIONS: Refer to signed Final Construction Plans. SP 1- 1 SECTION A AGREEMENT THIS AGREEMENT, made on the q-rl~ay of ) '-< ~.e , 200Y by and between the City of Aue:usta party of the first part, hereinafter called the OWNER, and (,PJl-\- u..i'nC-hu.c..t" U1 LL( party ofthe second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names, 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: STORM PIPE REPLACEMENT - GOOD NEWS CHURCH PROJECT NUMBER: 322-04-206822001 And in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES: The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 30 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 executed 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 ONCE MOBILIZED, THE CONTRACTOR SHALL NOT STOP MAJOR CONSTRUCTION ACTIVITIES FOR MORE THAN 14 DAYS, UNLESS APPROVED BY THE AUGUST A-RICHMOND COUNTY ENGINEERING DEPARTMENT. IN THE EVENT THAT UNAPPROVED MAJOR CONSTRUCTION ACTIVITIES ARE CEASED FOR MORE THAN 14 DAYS, A TOTAL OF FIVE HUNDRED DOLLARS ($500.00) SHALL BE PAID TO THE OWNER FOR EACH AND EVERY CALENDAR DAY THE CONTRACTOR DOES NOT COMMENCE MAJOR CONSTRUCTION ACTIVITIES. 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 ($500.00) 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 a 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 No later than the fifth day of 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 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. (e) Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques, sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract. 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 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. AUGUSTA, GEORGIA COMMISSION-COUNCIL (Owner) By: ULJ-xf. f By: Title: Dw V'\{,.V' Address: ~ 1~~ (j tid4LO r- APp\lf1j6k 3tmn- ~~~,~,~ ~~ 'i'\" ~"~l,\~\""V:\.."i.}\'r-: \~'.~ .-J ~iQ-l$ SsmA.~' M III v </L A - 4 SEAL Attest Secretary h~ th' ~ ,..""",\ Witness _-- ~ BR... ,,_ ;- ~ ...;.... 8J$f~.. # ~JI'. 'V-.I~ ~. ~ 1~{~O~R~ ~, \ \ PUB\.\(i al (\'\.V\./lj ~f~ ~ . ~A''1 I l.J \W i f. (\~~.:-e..June 't1 I\. :_ C . . "'~ONDC~V u lslor Cv1umbfc.. UUl1~ ",",......~ .> Western Surety Company PERFORMANCE BOND Bond Nr70525391 KNet\' ALL MEN BY THESE PRESENTS: That we, CBH Construction. LLC (Contractor), as Principal) and WESTERN SURETY COMPANY) of 1 Sioux Falls, South Dakota, as Surety, are held and firmly bound unto Augusta-Richmond County Commission. Engineering Dept.. 505 Telfair Street. Augusta. GA 30901 (Owner), as Obligee, in the penal sum of Sixtv one thousand. seventy nine and no/lOO DOLLARS ($ 61.079.00), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally) firmly by these presents. WHEREAS, said Contractor, Principal herein, has, by written agreement dated June 4th, 2008, entered into a contract with owner for Storm Pipe Replacement at Good News Baptist Church. Augusta. GA Proiect Number 322-04-206822001 in accordance with drawings and specifications prepared by N/A which contract is by reference made a part hereof, and is hereafter referred to as the "Contract." NOW) THEREFORE, a condition of this obligation is such that, if the contractor shall faithfully perform work contracted to be performed and comply with all provisions of the Contract) then this obligation shall be void; otherwise to remain in full force and effect. The total amount of the Surety's liability under this bond shall in no event exceed the penal sum hereof. No right of action or recovery shall accrue hereunder to or for the use of any person or entity other than the Owner named herein, its heirs, executors, administrators or successors. Provided) however, as to the Owner, the right of recovery shall be upon the following expressed conditions, the performance of which shall be a condition precedent: First: That in the event of any default on the part of the Principal, written notice thereof shall be delivered to the Surety as promptly as possible, and in any event within ten (10) days after the Owner shall become aware of such defaults, no further payments shall be made under the said Contract without the written consent of Surety. If the Principal shall abandon said Contract of be compelled by the Owner to cease operations thereunder, then Surety shall have the option to proceed or procure others to proceed with the performance of such Contract, and all reserves, deferred payments) and other monies provided by said Contract to be paid to the Principal shall be paid to the Surety, at the same time and under the same conditions as by the terms of said Contract such monies would have been paid to the Principal had the Contract been performed by the Principal. The Surety shall be entitled to all such payments and monies in preferences to any assignee of the Principal or any adverse claimant; but if the Owner shall complete or re-let the Contract) all reserves, deferred payments or other monies remaining after payment for such completion shall be paid to the Surety or applied as the Surety may direct toward the settlement of any obligation or liability incurred hereunder. Second: That the Owner shall faithfully perform al of the terms, covenants and conditions of said Contract on the part of the Owner contracted to be performed. In no event shall payment or payments to the Contractor for Owner be in an amount greater than ninety percent (90%) of the value of the work performed by Contractor to the date of such payment. Owner shall retain the remaining ten percent (10%) of all payments and all reserves or deferred payments for a period of thirty (30) days after completion and acceptance of the total project by the Owner, or a period to correspond to the applicable lien period in which notices of claims or claims of lien by persons performing work or furnishing materials may be files, or until all such claims have been paid, unless the Surety shall consent in writing to the payment of said final payment, reserve or deferred payments. Third: That the Surety shall not be liable for any damages resulting from strikes, labor difficulties, or from mobs, riots, civil commotion, public enemy, fire, the elements, shifting of elements, acts of God or defects or faults in the plans or specifications referred to in said Contract or for repairs or reconstruction of any work or materials damaged or destroyed by any of said causes; or for damages arising out of injuries to persons or property of for the death of any person or persons, or by virtue of any statutory provision for damages or compensation for injury to or the death of any employee; or for the infringement or validity of any patent; or for the efficiency or wearing qualities of any work done or materials furnished or the maintenance therefor repairs thereto; or for the furnishing of any bond or obligation other than this instrument. Fourth: that no suit, action or preceding by the Owner to recover on this bond shall be sustained unless the same be commenced within twenty-five (25) months from the date upon which the Owner gave Surety written notice if defaults as provided herein. Fifth: That the Surety is obligated only to the dollar amount shown on the face of this bond. If any additions or alterations ofthe original Contract upon which this bond was issued occur, increasing or altering the contract price, the Surety is obligated only to the proportional amount that the original Contract bears to the altered contract price, unless expressly waived by the Surety in writing. SIGNED, sealed and dated this 4th day of June) 2008. Title: President By: Western Surety Company ~r-P~ George Jeffrey Palmer (Attorney-in-F act) Western Surety Company Bond No. 70525391 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That CBH Construction, LLC, Principal, and WESTERN SURETY COMPANY, 101 S. Phillips Ave., Sioux Falls, SD 57014, Surety, are fIrmly held and fIrmly bound unto Augusta-Richmond County Commission, Engineering Dept.. 505 Telfair Street, Augusta. GA 30901, Obligee, in the sum of Sixty one thousand, seventy nine and noll00 Dollars ($ 61,079.00), for payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, fIrmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated June 4th, 2008 for Storm Pipe Replacement at Good News Baptist Church, Augusta, GA Proiect Number 322-04-206822001 , copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall promptly make payment to all persons supplying labor and material incorporated in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED HOWEVER, that the Obligee having required the said Principal to furnish this bond in accordance with any applicable statutes, all rights and remedies shall inure solely to the statutory benefIciaries in accordance with the provisions, conditions, and limitations of said applicable statutes to the same extent as if they were copied at length herein. SIGNED, SEALED AND DATED this 4th day of June, 2008. Bya;;;A:L By: Western Surety Company ~t?,A Geor e Jeffre Palmer (Attorney-in-Fact) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation,.is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint J Richard Blanchard, Gerald A Armstrong, Jeffrey M Barrett, Francis P Meehan, George Jeffery Palmer, Individually of Augusta, GA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 16th day of January, 2008. .-+"";i;~ r~ -.,fo' f~f.f;>.'.D"",)o1.\\ i:::.<i......... "'J~l... ..~..~..".....~..'.~f:""'. I if..".".......... .. il'n;::,.;;~~..,:f..~. . ""tH D"""" ... . . """...::.. WESTERN SURETY COMPANY .......~ .... ,.. -, .. - .-.., .. . ..,. ... ~<<~q......... .... ..... . . ... Paul . Bruflat; SeDlorVlce PreSident State of South Dakota County of Minnehaha } ss On this 16th day of January, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2012 +.._".~~:.;;~..........~~.~:~~~.,:~.,..~:~..:+ .r .... . ..dd......... ... .r $ ....D.KRELL ......$ ~~NOTARY PUBLIC~$ .r~SOUTH DAKOTA .r .r .. ... . .d .. .. ....r + "'-........""......&i-.,:.. Iot.;&,&,..c.ic:,..i.t...... + .~. ~Y~bn, My commission expires CERTIFICATE I, 1. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 4 th day of J u n e 2 00 8 ~\'\"';Er"- L+ 91.--..r:~ "...Vo" ...,q.. !/!!( Q.' "''''...:\'!O\ ~:::\<i ",i~j ~.~''}'~f:''''''./.:or ~ VjL_, . .. ,-!A~ ~ ""tliil"ic."--" :._,-"""~ WESTERN SURETY COMPANY g ..~....~ 4.. .. ... .. . < TNelson, Assistant Secretary Form F4280-09-06 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY o This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders ofthe Company. Section 7. All bonds, policies, undertakings) Powers of Attorney) or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shaIl have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds) policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seaI may be printed by facsimile. GENERAL CONDIITIONS INDEX TO GENERAL CONDITIONS Anicle or Paragraph. Numba Acceptance ofInsurance ......................... ....5.13 Access to the Wark .................................. 13.2 Addenda-deJinition of (see definition of S pecitic3tjonS) ..................................,..... 1 Asreemenc-definition of ......... .......... ............. I All Risk Ins'ul"J.nce .....................................5.6 Amendment. Wrinen ............................. l. 3.1.1 Application for Paymenc-det1nition of .................. 1 Appfication for Payment. Final ....... ..,............. 14.12 Application for Progress Payment .................... 14.2 Application for Progress Paymenc-{eview of .... 14.4-14.7 Arbitration ......,....................................... 16 Authorized Variation in Work: ......................... 9.5 A vaijability of Lands...... .. ...... .. ... ............... 4.1 Award. Notice of--detined .............................. 1 Before Starting Construction ...................... 2.5.2. i Bid--<iennicion of ... ...... .......... ........... .... ..... I Bonds and Insurance_in general ,....................... 5 Bonds--dennition of. '" .... ... ..... .. , '" . . .... '" ...... 1 .Bonds. Delivery of .............................._. 2.1,5.1 Bonds. Performance and Other.................... 5.1-5.1 Cash Allowances ..................................... 11.8 Change Order-:ierinition of .. : . . .. .. . .. . . .. .. .. . . .. . . . .. [ Chan ge Orders-to be executed ...................... 10.4 Changes in the Work ..:................................ 10 Claims. Waiver of-on Final Payment ............... 14.16 Clarifications and Incerprecations ................,..... 9.4 Cleaning ...,....,......................,.,........... 6.1 i Compietian .. . . . . , . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. 14 Completion. Suostantial ......................... 14.8.14.9 Conference. Preconstrl.1ction ......................... .2.8 Conllic:. Error. Discrepancy-CiJntractor to Re pOrt. . . . . . . . . . . . . . . . .. .. . . . . . . .. " . . . . . . . ; .2.5. 3.j Construction Machinery. EquiprneiH. etc. ............. 6A 'Concinuing Work ..................................... 6.19 Contract Documents---amending and SUpplementing .....,...... ....................... 3.4-3.5 Contract Documencs-..Jelinition of ...................... J Contract Documents-Intent...................... J.l~.i.J Contract Documenrs--Reuse of .............. ......... 3.6 Concract Price. Change of .............................. 11 Contract Price-Je/inition ,.............................. I Concract Time. Change of ,................... ....;.. '" 11 COntract Time. Commencemencof .................... :.3 Contract TIme-:ieJinition of ......,..................... I Contractor-derinition of ................ '" ... .. " .... .. I Contmctor May Stop Work or Terminate............. 15.5 Contractor's Continuing Obligation...... ... ......... 14.15 ConrT'3ctor's Duty to Repon Di3crepancy in DOcuments .................................. ::.5. 3.:; Concl1lctor's Fee-Cost Plus ... 11.4.5.6. 11.5.1. r 1.6-11.7 COntractor's Li:lb ility Insurance ....................... 5.3 Contractor's Responsibi/ities-in general ................ 6 Concnctor's Warranty of Title ................ ........ 14.3 Contractors.--<Jther .......... ....... ,........... ..... ....7 Concnctual Liability Insurance ......... ...............5.4 Coordinating Concracror-delinition of ....,........... 7.4 Coordination ............ .... ............. .... ......... 7.4 Copies of Documents ................... ............... 1.~ Correction or Removal of Defective Work..... ...... 13.1 J Correction Period. One Year ........................ 13.12 Correction. Removal or Acceptance of Defective Worle-in general ........................... 13.1J-13.14 Cost-net decr~e ............ .... . ... :...... ...:... 11.6.1 Cost of Work.. .......... ...... ... . ...... .... .'. .. 11.4-11.5 Costs: Supplemental................................ 11.4.5 Day~eiinitjon of . . . .. . . . . . .. . .. . . .. . . , . .... ., . . .. " . . " J Dtftcrivt~e/inition of ................................. I Dtfl!crivl! Work. Acceptance of...:.. .... .... .;, ..... 13.13 Dl!fecrivr Work. Correction or Removal of .......... /3.11' Dl!fl!crive Work-ingeneral ............... 13. J4.", 14.11 Defl!crivt Worle:. Rejecting........,.... ................ 9.6 Definitions .............................................. I Delivery of Bonds ...................................... 2.1 DefeMination for Unit Prices ,....................... 9.10 Disputes. Decisions by Engineer.......... ,...... 9.11-9.11 Documents. Copies ot .... " .. . . . . . . . . " . . " . . . . . ... , .. 1.2 Documents. Record ............... ....... ,........... 6.19 Documents. Reuse ....................................3.6 Dra wings--de/inition of .......... ~ . . . . . . . .. ... . . . . . ... .. 1 Easements ..................,.........,............... 4.1 Effective date of Agreement-definition of..... . ...... ... 1 Emergencies ...... .... .... . ........... .., . ...... ... . '" 6.:.:! Engineer~e/inition of ... . . . .. . .. . .. .. .. .. .. . . .. . , . . . ... I Engineer's Decisions............ ................. 9.10-9.12 Engineer's-Notice Worle is Acceptable... ...,...... 14.1J Engineer's Recommendation of PaymerJt ...... 14,4. 14.1 J Engineer's Responsibilities. -Limitations on ................. 6.6,9.11,9.13-9.16,18.2 Engineer's Status During Conscruction--in general ...... 9 Equipment. ubor. Materials and.... " ....... ... :. 6.3.6.6 Equivalent Materials and Equipmenc .................. 6." E.~plorations ot physical conditions.. .. " . , ..... ...... 4,2 Fee. Comracwr's-('oscs Plus......... .. ....... ...... 11.6 Field Order-definition of ............................... I, Field Order-issued by Engineer .......,........ J.5. I. 9,5 Final Application for Payment.................. ..... 14.12 Final Inspection ..................................... 14.11 Final Payment and Acceptance ........ _.... ...... ... J 4. !J Final Payment. Recommendlltion of ... ......... /4.1 J.14.14 General Provisions ..................... ......... 17.J-ri.4 General Requirement$-odeJinition of.. .. .. ,. .... " ....... I Genernl Requiremenrs-principal references (0 .,............... 2.6. 4.4. 6.4. 6.b-<i. 7.6..23 ~ Giving Notice ........................................ 17.1 Guarantee of Work-by Contractor................... 13. I Indemnification......... .. .................. {j.30-6.J2,7.5 Inspection, Final .................................... 14.11 Illspection, Tests and ..... _..... ..... ... ......:.. ..... 13.3 Insurance, Bonds and-in general ........ ...... .. ........ 5 Insurance. Certificates of ................ ........... 2.7, 5 Insurance-<:ompleted operations. . . . . . . . . . .. " . . .. . . .. 5.3 Insurance. Concractor's Liability....... ............... 5.3 [nsurance. Concractual Liability........ ............ '" 5.4 Insurance. Owner's Liability........................,.. 5.5 Insurance. Property.................... ... ....... 5.6-5.13 Insurance-Waiver of Righcs ......................... 5.11 Intent ofContr:a:ct Documents ............. ...... 3.3,9.14 Incerpretacions and Clarificacions ...................... 9.4 Investigations of physical conditions... . . .. ...... . .. ... 4.2 Labor. Materials and Equipment .................. 6.3-6..5 Laws and Regulacions-definicion of .. . .. ... .......... '" I Laws and Regulations-general... .. ... .. . .. ...... .... 6.14 Liabilicy Insurance-Concractor's ..................... 5.3 Liabilicy [nsurance-Owner's ......................... 5..5 Lien.s--detinitions of ................................ 14.2 Limitations on Engineer's Responsibilities .............:....... 6.6,9.11,9.13-9.16 Materials and equipmenr-furnished by Contractor .... 6.3 Materials and cquipment-noc incorporated in Work.... ..... ......... ...... ...... 14.2 Materials or equipment--equivalenc .. ~ . . .. .... .... .... 6.7 Miscellaneous Provisions. . . .... :... .... . ......... .... .. 17 Multi-prime contracts ................................... 7 Notice. Giving of. ...... .............. ..... .... ... .... 17.1 Notice of Acceptability of Project ................... 14.13 Notice of Award-definition of ............ .............. 1 Notice to Proceed-definicion of '" .. ... ... .. .. ... . ...... 1 Notice to Proceed-giving of ...... ... ................. :U "Or.Equal" Items..................................... 6.i Other.comractors ............;.......................... 7 Other wodc . . . . . . .. . . . . . . . . . . .. . . . . .. . " . . . . . .. . . . . . . . . " i Overtime Work-prohibition of . '" ... .. .... ... . . .. .... 6.3 Owner--detinition of .................................... 1 Owner May Correct Dtftcrivt Work.... .. ........... 13.14 Owner May Stop Work. ..... '" ... .. ... .. ........... 13.10 Owner ~ay Suspend Work. Terminace .......... 15.1.15A Owner's Duty (0 Execu te Change Orders ............. 11. 3 Owner's Liabilitv Insurnnce ........................... 5.5 Owners Repres~nLatjve-Engineer to serve as ......... 9.! Owner's Responsibilitit:s-in general .................... 3 Owner's Separate Representative llt site ............... 9.3 Partial Utilization .................................. 14.10 Partial Utilizntion---Jennition of ......................... I Partial U(ilization-Property Insurance.. .... " .... ... 5.15 Patent Fees and Ro yaltie~ ............................ 6.1: Payments. Recommendation of ........... [4.4-14.7. 14./3 Payments (0 Cuntrnccor-in genernl .................... 1-1 Payments to Contractor-when due ........... 14.4,14.13 Payments [0 Contractor-withltolding ................ 14.7 Performance and other Bonds ..................... 5.1.5.2 Permits .............. .................. ....... ......... 6.13 Physical Conditions .................................... 4.2 Physic:J.! Condition~Engineer' 5 revic:W' ............. 4.2.4 Physical Conditions-existing scrucnJres ............. 4.2.2 Physic:J.! Conditions-exploracions wd reports....... 4.2.1 Physic:J.! Conditions-possible document change...!. 4.2.~ Physical Condirion~pcice and time adjustments .... 4.1.5 Physical Conditions-report of differing ............. .4.2.3 Physical Condicions-Underground Fa.cilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Ma'tters ......... '. . .. . .... ... .. . . .. .. . . . . . . . .. 2 Premises. Use of ................... ._...........6.16-6.18 Price. Change of Contract .............................. II Price.Contract-definition of ............................ 1 Progress Payment. Applications for. .. .. .. " ; . ., .. . . .. t 4.2 Progress Payment-retainage ....... .. .. .... .... ...... 14.2 Progress schedule ............... 2.6, 2.9.6.6.6.29, 15.2.6 Project--definition of ....... . .. . .. .. .. .. .. .. . .. .. .. .. . . " 1 Project Represen tacion-provision for ................. 9.3 Project Representative, Resideot--definition 01 .......... I Project. Starting the ................................... 2.4. Property Insurance............................... 5.6-5.13 Property Insurance-Partial Utilization.............. . 5.15 Propeny Insurance-Receipt and Application of Proceeds ................................... 5.12.5.13 Protection. Safety and... . ........ . ... .. .... ..... 6.10-6.21 Punch Ust ........................................... 14.11 Recommendation of Payment. ........ .. ....... 14.4, 14.13 Record Documents ...................................6.19 Reference Point~ ...................................... 4.4 Regulacions. Laws and................. ........... ...6.14 Rejecting Defecrive Work.... ......................... 9.6 'Relaced WorkacSite ..............................7.1-7.3 Remedies Not E;<clusive ..... .......... .............. 17.4 Removal or Correction of Deftctivt Work ........... ]3.11 Resident Project Representative-detinition of ..... ...: .. I Resident Project Represencative-provision for........ 9.3 Responsibilities, Contnctor's-in general ............... 6 Responsibilities. Engineer' s-in general ................. 9 Responsibilities. Owner) s-in general. .. ....... .... ...... 8 Retainage ....:....................................... 14.2 Reuse oiDocumenrs ................. .......... ........ 3.5 Rights of Way.. . . .... .. .. .. .. .... .... ...........,..... 4.1 Royalties. Pillent Fees and...................... .....6.12 Safety and Protection....... 6.20-6.21, 18.1-18,2 SaITlples ......................................... 6.23-6.28 Schedule of progress ........ 2.6.2.8-2.9.6.6.6.29.15.2.6 Schedule of Shop Drawing submissions ...................... 2.6. 2.8-2.9.6.13.14.1 Schedule of values ...................... !.6; 2.8.2.9. 14.1 Schedules. Finnlizing ... .. .. . .. .. . . .. .... . . .. . . . . . . . . .. 2.9 Shop Drawings and SaITlples ......... ............. 6.13-6.28 Shop Drawings-Jeflnition' of........ .... ....... ...... ... I Shop Drawings. use to approve substjtutions ...................................... 6.7.3 5 Site. Visits to-by Engineer....................... .... 9.2 Specifications-definition of .............. ...... '" ...... 1 Starting Construction. Before.. ........... .. .... ... 2..5-2.8 Starting the Project..... ...;..; ......... .. .... .. .. . .... 2.4 Slopping Work-by Contractor................. ....... 15.5 Slopping Work-by OWner.. ...................... ..13.10 Subcontractor-dctinition of.......... .......... .. . ...... 1 Subcontractors-in general........ ..... .. .... .. ., 6.8-6. I 1 Subcontracts-required provisions ............5.11.1. 6.1 I 11.4.3 Substantial Completioli-<:Cl'1ification of .............. 14.8 SUbstantial CompletioJ1--.<:lefinition of..... ...... ... ...... I Substitute or "Or.Equal" Items ....................... 6.7 Subsurface Conditions............................. 4.2-4.3 Supplemental costs... ...................... ........ 11.4.5 Supplementary Conditions-definition of ................ I Supplementary Conditions-principal references to .. 2.2.4.2,5.1,5.3,5.6-5.8.6.3.6.13.6.13, 7.4,9.3 Supplementing Contract Docum~nts ............... 3.4-3.5 Supplier-detinition of.... .. .. . . . . . . . . . . . . . . .. . . . . . " " .. I Supplier-principcl references to ... 3.6.6.5.6.7-6.9.6.20. 6.24) 9.13. 9.16. 11.8, 13.4. 14.12 Surety-<=onsent to payment., .. .. ............. 14.12. 14.14 Surety-Engineer nas no duty to ........... ..... ... ... 9: 13 Surety-notice to ..........................10.1.10.5,15.1 Surety-qualitrcation of ......... .................. 5.1-5.2 Suspending Work. by OWner... .;.................... 15~ I Suspension of Work and Termination-in general... .... 15 Superincendenr--{:ontractor's ......................... 6.1 Supervision and S~perintendence .................. 6. J -6.2 Tues.-Payment by COntractor. ....... .... ........... 6.15 Termination-by Contractor.......................... 15.5 Termination-by Owner... .... .. .... .. .... .. .... 15.2'-15.4 Termination. Suspension of Work and-in general ...... 15 Tests and Inspections ........................... 13.3-13.7 Time. Change of Contract .............................. 12 Time, Computation of ................ ................ 17.2 Time. Contract-definirion of......... ... ....... ......... I Uncovering Work ............................... 13.8-13.9 Underground Facililies-definition of .................... 1 Underground FacilitieSo--{lot shown or indicated ..... 403.2 Underground Facilities-protection of ........... 4.3. 6.20 Underground Facilities-shown or indicated. .. .,. ... 4.3. j Unit Price Work-definitionof .......................... 1 Unit Price Work-general .................11.9.14.1. 14.5 Unit Prices .... .'. . .. . . . . . . . . . . . " ... . . . .. . . . . . .. . . .. 11.3.1 U nit Prices. Determinations for. . . . . .. .. . . .. .. .. .. .. . . 9.10 Use of Premises................................. 6.16-6.18 Utility owners .......................... 6.13) 6.20. 7.2-7.3 Values, Schedule of ............. .. .... .. .... 2.6. 2.9. 14. J Variations in Work-Authorized............ 6.25.6.27.9..5 Visits to Site-by Engineer...... .................. ,.... 9,2 Waiver of ClaUns--:Jn Final Payment.... .... ......... 14.16. Waiver of Rights by insured panics...... ......~ 5.10.6.11 Warranry and Guarantee-by Contractor... .:.... .... 13.1 Warranty of Title. Contractor's ...................; ... J4.3 Work. Access to ............... .... .... .. ......... .... 13.1 Work...;...byothers .......................... '.... ... .... .. . 7 Work Continuing During Disputes ........,.......... .6.19 Work. Cost of ...................................1.104..11.5 Work-del1nition of ........................ .... .......... 1 Work Directive Change--<letinition of ................... I Work Directive Change-principal . references to ............................3.4.3. 10.1-10.2 Work, Neglected by Contractor ......... ~........... 13.14 Work. Stopping by Contractor......... ... ........ .... 15.5 Work. Stopping by Owner. .. .. ...... .. .. . ... "" 15.1-15.4 Written Amendmenr-detinitib~ of ....................,. I Written Amendment-principal references [0 ..................... 3.4.1.10.1.11.1,11.1 6 GENERAL CONDITIONS ARTICLE I-DEFfNLTIONS Wherever used in these deneral Cunditions or in the other. Contract Documents [he following terms have the meanings indicuted which are applicable to both the singular and plural thereof: AJdenda-,-Wril!en or graphic instruments issued prior to the opening of Bids which clurify. corre~t or change the bidding uocuments or the Cuntract Documents. Agrumml- The written agreement between OWN ER and CONTRACTOR covering the Work to be perl'ormed: other Contra~r Documents are al!ached to [he t.l.greement and made a part thereofas provided therein. AppliC(lIiOIl jiir Pa.\'I1II'!lt- The form accepted by ENG I- NEER which is 10 be used by CONTRACTOR in requesting progress or final payments and which is to include. such sup- porting documemation as is required by the Cuntr:lcr Documems, Bid-The offer or proposal of the bidder submitred on. the prescribed form setring t"onh the prices for the Work IO be performed. BOllds-Bid. performance and payment bonds and other instruments of securitl" Changl' 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. issu~d' on or atier the Effective Date of the Agreement. Contract DOCI/I!lI'nts- The Agreement. Addenda (which per~ tain to the Contract Documents). CONTRACTOR's Bid !including documenw.tion accomp:lnying the Bid and any pOSI~ Bid documentation submitted priono the Notice of Awardl when a[[ached as an exhibit to the Agreement. the Bonds. these General Conditions. the Supplementary Conditions. the Specifications and the Drawings as the sume are more spe- cifically identified in the Agreement. rogetherwith ull amend- ments. modifications and supplements issued pursuant to paragrnphs JA and 3.5 Lln or <lfter the Effective Date of the Agreement. CV/llr(/C[ Pric/'-The moneys payable by OWNER to CON- TRACTOR under the Cuntrnct Documents as Slated in the Agreem~nt (subject to the provisions of paragraph 11.9.1 in (he C:lse of Unit Price Work). CU/ltr(/c! Tillie-The numberoftlays (computed as proviut:u in paragraph /7..:!i or the uate stated inthe Agreement for rhe compl~tion of the Work. CONTR..J,CTOR_ The person. tirm or cOrporJtilln with whllm OWNER hus t:ntered inro [he Agreement. J/!f(!C'[il'e-An adjective which when mcxJifyil1g the word Work refers 10 Work that is unsatisfactory. faulty or deficient, or does not conform [0 the Contrncr Documents. or does not meet the requirements of any inspection. reference standard. test or approval referred to in the Contra.CI Documenrs, or has been damaged prior to ENGINEER's recommendation of final payment I unless responsibility for rhe protection thereof has been assumed by OWNER at Substantial Completion in accordance Wilh paragrnph 14.8 or 14.10). DrC/ll'ings- The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGIN EER and :Ire reft:rred to in the Con- tract Documents. Effeclt'l'/! Dut/' of tll/! A,I.(rumellf- The date indicated in the Agreement on which it becomesetTectjve. but ifno such dace is indicated it means the date on which [he Agreement is signed and delivered by the last of the two parries to sign and deliver. E.VGIN EER..c- The person . linn or corporation.,namedas such in the Agreeme'nr. ... Field Order-A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but \vhich does not involve achange in the Conrr:lct Price or the Contract Time. Genual Reqllirements--Sections of Division I of the Speci- fications. Lall's and Regulations: LClIl-'s or Reg I/Iarions-Laws. rules. regulations. ordinances. codes and/or orders. . NUlice of A Il'ard- The written notice by OWNER to the apparent successful bidoer stating thaI upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified. OWNER will sign and deliver the Agreement. Notice to ProC'uJ-A written notice given by OWNER to CONTRACTOR (with a copy 10 ENGINEER) n:dng the date on which the Contract Time will commence to run and on which CONTRACTOR shall stan to perform CONTRAC. TOR'S obligations under the Contract Documents. OWNER-The public body or authority. corporation.asso- ciation.linn orperson with whom CONTR,.1"CTOR has entered inca the Agreement nnd for whom the Work is to be provided. PClrtial UliIi::.miun-Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all [he Work. Pruject- The total construction of which the Work to be provided under the Contrnct Documents may be the whole. or a p:lrt as indicated elsewhere in the CorHr:lct Documents. R~'sidellt Project R('pr/!,fe/lIClth'/!- The authorized re presen. tutive of ENGIN EER whLJ is assigned [Q the site or anr part thereof. . 7 Shop DrawinlJs-All drawings, diagrams. illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work: and all illustrations. brochures, standard schedules, perfor- mance cha..rts. instructions. diagrams and other infonnatlon prepared by a Supplier and subrnitted by CONTRACfOR to illustrate material or equipment for some ponion of the Work. SptCifiCaliotls-Those ponions of the Contract Documents consisting of written technical descriptions of materials. e:quipment. const.!'uction systems. standards and workman. ship as applie:d to the Work and certain administrative details applicable there:to. Subcontractor-An individual. linn or corporation having a dire:ct contract with CONTRACfOR or with any other Sub- contractor for the perfonnance of a part of the Work at the site. Sub!fanrial Compltrion-,-The Work (or a speciiied pan: thereot) has progressed to the poim where. in the opinion ofENGI. NEER as evidenced by ENGINEER's definitive cenificate of Substantial Completion, it is suflicientJy complete. in a.ccordance with the Contract Documents. so that the Work (or specified pan) can be utilized for the purposes for which it is intended; or if there be no such cenificate issued. when final payment is due in accordance with paragraph 14.13. The terms .. substantially complete II and "substamiallycom- pleted" as applied to any Work refer to Substantial Comple-. tion rhereof. Suppltmtnrary CondirionI-The part of the Contract Docu- ments which am'ends or supplements' these General Condi~ tions. Supplier-A manufacturer. fabricator. supplier. distributor. materialman or vendor. 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 inmlled underground to furnish any of the fOllOWing services or materials: electriCity, gases. steam, liquid petroleum products, telephone or other communica- tions. cable television. sewase and drainage removal. traffic or other control systems or water. Unit Price Work-Work to be paid for on the basis of unit prices. 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- forming services. furnishing labor and furnishing and incor. porating materials and equipment into the construction. all as required by the Contract Documents. Work Directive Change-A written directive to CONTRAC- . TOR. issued on or after the Effective Date of the Agreement , and signed by OWNER and recommended by ENGINEER. ordering an addition, deletion or re'iision. in the Work. or responding to differing or unforeseen physical condition.! under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.21. A Worle Directive Change may not change the Conlnl.ct Price or the Contract Time. but is evidence that the parties expect that the change directed or documented by a Work Directive Chan'ge will be incorporated in a subsequently issued Change Order following negotiations by the panics as to its effect. if any) on the Contract Price or Contrut Time as provided in p~ph 10.2. Wrirren Amendmenr-A written amendment of the Contract Documents, signed by OWNER and CONTRACfOR 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 MAITERS , . Delivtry of BoruU: :!.1. When CONTRACfOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of DocUJrmus: :!.:!. OWNER shall furnish [0 CONTRACTOR up to ten copies (unless otherwise specified in the Supplemenc.ary Con-. .ditions) of the Contracr Documents as are reasonably nec. essary for the execution of the Work. Additional copies will be furnished. upon request. at the cost of reprcxluction. Commencem.err1 01 Contract Tim,,' NotU:t to Proc"d: 2.3. '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 thirty day, 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. Stm'ting the Project.' 1.4. CONTRACTOR shall stan to perfonn the Work on the date when the Contract Time commences to run, bU[ no Work shall be done at the site prior to the date on which the Concract Time commence5 to run. Btfort Slarring ConJ'fruction.' 2..1. Before undertaking each pan of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent ligures shown 8 [hereon and all applicable field measurements. CONTRAC. TOR shall promptly report in writing to ENGINEER any contlict. error or discrepancy which CONTRACTOR may disco ver and shall obtain a wriccen interpretation or clarifi- cution from ENGINEER cefore proceeding with any Work affected thereby: however. CONTRACTOR shall not be lia- ble to OWNER or ENGIN EER t'or failure to report any conllict. error or discrepancy in the Contract Documents. unless CONTR.-\CTOR had actual knowledge thereofor should reasonably ha ve known thereof. 2.6. Within ten davs after lhe Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and . 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 parts in sufficient detail to serve as the basis for progress payment.~ 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. 2.7. Before any Work at the site is stan:ed. CONTRAC- TOR shall deliver to OWNER. with a copy to ENGINEER. certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4. and OWNER shall deliver to CONTRACTOR certificates land other evidence of insurance requested by CONTR.-\CTORJ which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 arid 5. 7. l'ruansrructioll Confeunce: ~.8. Within twenty days after the Effective Dare of the Agreement. but before CONTRACTOR stans the Work at the sire. :J. conference auended by CONTRACTOR. ENGI- NEER and l.l[hc:rs as uppropriute will be held to Jiscuss rhe schedules referred to in paragraph 2.6. ro discuss procedures for handling Shop DraWings and other submiuals and for processing A pplications for Payment. and ro establish a working understanding among the panies as to the Work. Finali::ing Sc/uduleJ: ~.9. At I~ust len unys before submission ufrhe tirst Appli- catiun for Pa~'inent il conference urrended by CONTRAC- TOR. ENGI~EER nnLl uther:; us appropriate will be helLl to finalize Ih~ ~('hedules submiucd in ilcconJance: \\'ith para- graph 2.6. The finalized progress schedule will be: acceptable 10 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 ot- the Work nor relieve CON- TRACTOR from full responsibilityrherefor, Tho:: 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 ENGfN EER as 10 form and substance. ARTICLE J-CONTRACT DOCU ,'vl E~TS; INTENT.' AMENDING, REUSE I nte Nt: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concl::rning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called (or by all. The Contract Documents will be construed in accordance with the law of the place of the Project. J .2. It is the intent of the Contract Documents to describe a functionally complete Project lor pat1 thereot) (0 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 lhe intended result will be supplied whe ther or not specifically cailed for. When words which have a well-known technical or trade meaning are used CO 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. organiza tion or association. OTtO the Laws or Regulations of any governmental authority. whether such reference be specific or by implication. shall mean the larest. standard specification. manual. code or Laws or Regulations in effect at the time of opening of B ids (or. on the Effective Dale of the Agreement if [here IVere no Bidsl. except as may be orhervvise specifically stated. However. no provision of any referenced standard specification. manual orcode (whether or not specifically incorporated by reference in the Contract Documents) shall be etfective [0 change the duties and responsibilities of OWN ER. CONTRACTOR or ENGINEER. or any of their conSUltants. agents or employ- ees from those set forth in the Contmct Documents. nor shall ir be effective to assign ro ENGINEER. or any of ENGI. NEER's consultants. agents or employees. any duty' or aUthority ro supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of pamgraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents ~hnll be issued by ENGINEER as provided in paragraph 9..t 3.3. If. during the performance of the Work. CONTRAC- TOR nnds a conflict. errur or c.jj~crepancy in [he Contract Documents. CONTRACTOR shall so repurt co ENGINEER in writing at once and beforl:: proceec.1ing with Ihe Work atfected thereby shull obtain u wrilten in'terprewlion ur clurincation 9 from ENGINEER: however. CONTRACTOR shall not be liable [0 OWNER or ENGINEER for failure [0 repon any conflict. error or discrepancy in the Contract bocuments unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Aml!luiing and Suppumlrttinl Comra.c! DocUJntnl.r: 3.4. The Contract Documents may be amended to pro-. vide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4. I. a formal Written Amendment. 3.4.1. a Change Order (pursuant to paragraph 1004), or 3.4.3. a Work Directive Change (pursuant to para- graph 10. I). As indicated in paragraphs I I .2 and .12.1. Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5. In addition. the requin:menrs of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the foUowing ways: 3.5.1. a Field Order (pursuant to paragraph 9.5), 3.5.1. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27). or 3.5.3. ENGINEER's written imerpretation or clarifi- cation (pursuant to paragraph 9.4). Rtuu of Docum,nt.r: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur- n~hing any of the Work under a direct or indirect contract with OWNER shalJ have or acquire any title; to or ownership rights in any of the Drawings. Specifications or other doeu- menlS (or copies of any thereof) prepared by or bearing the seal of ENGfNEER: and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGfNEERand specific written verilication or adaptation by ENGINEER. . ARTICLE 4-A V AILABILITY OF LANDS; PHYSICAL CONDrTIONS: REFERENCE POINTS Availahiliry of Lands: 4.1. OWNER shall furnish. as indicated in the Contract Documents. the lands Upon which the Work is to be per- formed. rights-of-way and easements for access thereto. and such other lands which are designa'ted for [he use of CON. TRACTOR. Easements for permanent structures or perma- !lent changes in existing facilities will be oblained and paid for by OWNER. unless olherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands. righ ts-'of-way or ease. ments entilJes CONTRACTOR 10 an extension of the Con- lract Time. CONTRACTOR may make a claim therefor a.s provided in Arricle 1:2. CONTRACTOR shall.provide for aJl additional lands and access thereto thac may be required for temporary construction facilities or storage of materials and equipment. Physical Coruiitions: 4.:2.1. up/orations' and R.eports: Reference is made 10 the Supplementary Conditions foridentilkation of chose reports of explorations and lescs of subsurface conditions at Ihe site that have been utilized by ENGfNEERin prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data C{lncained in such repons. but not upon nontechnical data."interpreta-' tions or opinions contained therein or for the compleloness 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. Exi,srillK Srructurt:,s: Reference is made to' the Supplementary Conditions for identification of chose drawings of physical conditions in or relating to existini surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings_ but not for the complete. ness thereof for CONTRACTOR's purposes. Except as indicated in ,the immediately preceding sentence and in paragraph 4.2.6. CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. Reporr of Difft:ring Condirions: If CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC. TOR is entitled to rely as provided in paragraphs 4. ~.I and 4.1.2 is inaccurate. or 4.:2.3.:2. any physical condition uncovered or revealed at the site differs materially from thac indi. cated. reflected or referred to in the Concract Docu- ments. CONTRACTOR shall. promptly after becoming .aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by para. graph 6.21l. notify OWNER and.ENGINEER in writing about che inaccuracy or difference. 10 -1.2.-1. E;VCINEER's Rl!l'i"Il': ENG[NEER will promprly review the peninentcondicions, uetermine the necessity of obtnining ndditional explorntions or tests with respect thereto and advise OWN ER in writing (with a copy 10 CONTRACTOR) of ENGINEER's nndings and con- clusions. 4.2,5. Possihfe D(}('{(menl CllCInge: If ENGIN EER concluues Chat there is a material error in the Contract Documents or [hat becJuse of newly discovered condi- tions a change in the Contract Documents is required. a Work Directive ChanlZe or a ChanlZe Order will be issued as provided in Arricle 10 [0 retl~ct and Jocument the consequences of the inaccuracy or difference. 4.2.6. Possihle Price IInd Tilll/! AdjIlSIII/I!I1fS: In each such c:J.se. an increase or decrease in the Contract Price or an e.uension or shortening of the Contract Time. or any combination thereof. will be allowable to the extent that the)' are attributable to any such inaccuracy or difference. If OWN ER and CONTRACTOR are unable Co agree as to the amount or length thereof. a claim may be made therefor as provided in Articles II and 12, Physical Condin'ons-Clldtrground Facilili~s: 4.3.1. SllOll'n VI" Indicaud: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to tne site is based on information and data furnished CO OWN ER or ENGINEER by the owners of such Under"round Facil- ities or by others. Unless it is otherwise e.~pressly pro- vided in rhe Supplementary Conditions: .U.1.1. OWNER and ENGINEER shall not be responsible for rhe uccuracy or 'completeness of uny such information or data: and. -1.3.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data. for locatin" all U nnerlZround Facilities shown or indicated in the Contract D;cumenrs. for coordina- tion of the Work with tbe owners of such Underground Facilities during construction. for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing nny damage thereto resulting from the Work. the cost of all of which will be considered as havinlZ been included in the Contract Price. - ~.3,2. NOI S/rOlI'// or In JiCiJII! J. If an Underground Facility is uncovered or revealed at or contilZuous to [he site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall. promptly at'ter becoming aware thereat' and before performing ~lny Work n{fected thereby (except in an emer- gency as permineJ by parngrnph 6.22l. identify the owner of such UndergrounJ Facility and give written notice thereof to that Owner and rLl OWNER anu ENGINEER. ENGI- NEER will promptly review the UnJerground Facility 'ro determin.e the extent to which the Contract Documents should be mouified tu reflect and document the Conse- quences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented [0 the e.'tent necessary, During such lime. CONTRAC.. TOR shall be responsible for the sa.fety and protection of such Underground Facility us provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or nn extension of [he Contract Time. or both. [0 the e.'tent that they are attributable [0 the nistence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reusonably have been e;~pected to be aware of. If the panies are unable to agree as 10 the amounc or length thereof. CONTRACTOR may make.a claim therefor as provided in Articles II and 12. Refertnce Points: -1.-1. OWN ER shall provide engineering surveys to estab. lish reference points for construction which in ENG INEER's judgment are necessary to enable CONTRACT~R to proceed with the Work. CONTRACTOR shaH be responsible for lay. in'g out the Work (unless otherwise specified in rhe General Requirements). shall protect and preserve the established reference 'points and shall make no changes or relocations without the prior written approvul of OWNER. CONTRAC- TOR shall reron to ENGINEER whenever any reference point is lose 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 pornes by professionally quaiified personnel. ARTICLE 5-BONDS AND fNSURANCE Performanct and Dlher Bonds: 5.1. CONTRACTOR shall furnish performance and pay. ment Bonds. each in an amount at least equal to the Conrract 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. e."\:cept as ocherwise provided by Law or Regulacion or by the Con. tract Documents. CONTRACTOR shaH nlso furnish such other Bonds as are required by the Supplementnry Condi. tions. AlI Bonds shall be in the forms prescribed by Law or Regulation or by the Contracc Documents and be executed by such sureties as are named in che current list of "Com. panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com. . panies" as published in Circular 570 (amended) by the Audit Slaff Bure:J.u of Accounts, U.S. Treasury Depanment. ,.1.11 Bonds signed by an agent must be accompanied by a cenified copy of the authority to act. 5,2. If the surety on any Bond furnished by CONTR.-\C. TOR is declared a bankrupt Llr becomes insolvent or its right to do business is terminateu in any state where any pnn of II the Project is located or it ceases to meet [he requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substirute another Bond and Surety) both of which must be acceptable to OWNER. CO Tl11'1LCUJ r'.r LUJh ility I n.r UJ"rI nee: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set fonh below which may arise OUt of or result from CONTRACTOR's perfor- mance and furniShing of .the Work and CONTRACfOR's other obligations under the Contract Documents. whether it is [0 be perfonned or furnished by CONTRACfOR. by any Subcontractor. by anyone directly or indirectly empLoyed by any of them to perform or furnish any of the Work. or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compen. sation, disability benefits ahd other similar employee ben- efit acts: 5.3.2. Claims for damages because of bodily injury, occupacional sickness or disease. or death of CONTRAC- TOR's employees; 5.3.3, Claims for damages because of bodily injury, sickness or disease. or death of any person other thaa CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained la) by any person as a result oran offense directly or indirectly related to the employment of such person by CONTRACfOR, or (b) by any other person for any olher reason: 5.3.5. Claims for dama~es. other than to the Work itself. because of injury to or destruction of tangible prop- erty wherever located. including loss of use resulting lherefrom: 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 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. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and Coverages provided in the Supplemen- tary Conditions. or required by Jaw, 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 certificates or other evidence thereof) shall contain a provi- sion or endorsement that the coverage afforded will not be . cancelled. materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and ENG INEER by cenified mail. All such insurance shall .' remain in effect until final payment and at all times thereafter when CONTRACfOR may be correcting. removing or replacing defective Work in accordance with paragraph 13.12. In addition. CONTRACTOR s.haU maintain such completed operations insurance forat least tWo years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year [hereafter. ContrrutwJ1. Liahiliry Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractualliabilicy insurance applicable to CO NTRACTOR' s oblig.ations under paragraphs 6.30 and 6.3 1. Owner's Liability In.surance: 5.5. OWNER shall be responsible for purc,hasing 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. Property Insurance: 5.6. Unless ochenvise provided in the Supplementary Conditions, OWNER shall purchase and maintain propeny insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro. vided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER and ENGrNEER's consultants in the Work. all of whom shall be listed as insureds or additional insured panics. shall insure against the perils of fire and extended coverage and shaIl include "all risk" insurance for physical loss and damage including thefl. vandalism and malicious mischief. collap'se and water damage. and such other perils as may be provided in the Supplementary Conditions. and' shall include damages. losses and ex.penses arising OUt of or resulting from any insured loss or incurred in [he repair or replacement of any insured property (including but not limited to fees and charges of engineers. architects. attorneys and othcrprofessionalsl. 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 ponions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR. Subcontractors, ENGINEER AND ENGINEER's consultants in [he WQrk, all of whom shall be listed as insured or additional insured parties. 12 5.8. All the policies of insurance (or the cenific,Hes or other e vidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materiaJly changed or renewal refused until at least thiny days' prior written notice has been given to CONTRACTOR by cenified mail and will contain waiver provisions in accordance with paragraph 5,11.2. 5.9, OWNER shall not be responsible for purchasing and maintaini'ng any property insurance CO protect the interests of CONTRACTOR. Subcontractors or others in the Work to the e.xtent of any deductible amounts that are provided in the Supplementary Condicions. The risk of .Ioss within the deductible amOUnt. will be borne by CONTRACTOR. Sub- Contractor or others suffering any such loss and if any 0 f them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's own expense. 5.lD. If CONTRACTOR requests in wntmg [hat 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 oTthe Work at the site. OWNER shall in Writing advise CONTR.'\CTOR whether or not such other insurance has been procured by OWN F.~. Waiver of Rirhtr: 5. J 1.1. OWNER and CONTRACTOR waive all rights against each other for aJllosses 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 [Q the Work. and also waive all such rights against the Subcontractors. ENGI- NEER. ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.1 [. each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the SubcOntraclOr in favorofOWNER. CONTRACTOR. ENGINEER. ENGI- N EER's co~sultants and aJl other panies named as insureds. None of the above waivers shali extend to the rights [hat any of the insured parties may have co the proceeds of insurnnce held by OWNER as trustee or otherwise p?~'_ able under any policy so issued. 5.! 1.2. OWNER and CONTRACTOR intend [hat any policies provided in response to paragraphs 5.6 and 5.7 shall prote\:t nil 0 f the parties insured and provide primary coverage for all losses and damages l:ausedby {he perils cOI'ered thereby. Accordingly. all such policies shall con. tain provisions to the effect that. in the event uf payment of an y loss ur dnmage the insurer will have no rights llf recovery against uny of the panies namet.! as insureds llr auditionul insureds. und if the insurers require separate wuil'o::r forms to be signet.! by ENGINEER ur ENGf- NEER's cl1nSulWnl OWNER will ubtain the ~ume. and if such waiver fonns are required of any Subcontractor. CONTRACTOR will obcain the same. Receipt and Applican'on oj 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 app ear. subject to the require.- mencs of any applicable mongage 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 [he panies in interest may reach. If no other. spe.cial 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 crustee shall have power to adjust and. settle any loss with the insurers unless one of the panies in interest shall object in writing within fifteen (jays after' the occurrence of loss co OWNER's e;(ercise of this power. If such objection be made. OWNER as trustee shall make set. clement 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. A cceptanct! of lnsurancl: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reqt;ired [0 be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on [he basis of its not complying with the Contract Documents. OWNER shall nOlify CON. TRACTOR in writing thereof within ten days of the date of delivery ot" such certificates to OWNER in accordance with paragraph 2.7. [f CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required [0 be purchased and maintained by OWNER in "accordance with paragrllphs 5.6 and 5.7 on the basis of their no~ complying with the Contract Documents. CON- TRACTOR shall notify OWNER in writing thereot" within ten days of the date of delivery of such cenificaces to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- tional infonnacion in respect of insurance provided by each as the ocher 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 other as complying with the Contract Documents. Partial Utili-:ation-Properry {nsurancl: 5.15. If OWNER nnds it necessary to occupy or use il ponion or portions ufrhe Work prior co Substantilll Comple- tion of ail che Work. such use or occupancy may.be accom- plished in accordanc<= with paragraph 14.10: provided thac no 13 such use or occupancy shall commence before the insuren providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces. sitated thereby. The. insurers providing the property insur. ance shall consent by endonement on the policy or policies, but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE &-CONTRACTOR'S RESPONSIBILITIES SuptrviJiofl and SIJ.JHrilluruitnct~ 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently. devoting such attention thereto' and applying such skills and expertise as may be necessary to perfonnthe Work in accordance with the Contract Doc. uments. CONTRACTOR shall be solely responsible for th~ . means. meihods. 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. 6.2. CONTRAc;:rOR shall keep on the Work at all times during its progress a 'competen t resident superintendent. who shall noe 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. War. Ma!trials and Equipmtllt: 6.3. CONTRACTOR shall provide competent. suitably qualified personnel to survey and layout the Work and per. form construction as required by the Contract Documents. CONTRACTOR shaU 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 p"roperty at the site or adjacent thereto. and except as otherwise indicated in the Contract Documents. all Work at the site shaJl be performed during regular working hours. and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday. Sunday or any legal holiday Without OWNER's writ- len consent given after prior wri tten notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for aU materials. equipment, labor. transportation. construction equipment and machinery. tools. appliances. fuel. power. light. heat. telephone. water. sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing; performance. testing. start-up and. completion of the Work. ..... 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Conlract Doc- uments. If required by ENGINEER. CONTRAcrOR.shalJ furnish satisfactory evidence (including reports 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 co ndic/oned in accordance with the instrUctions of the applicable Supplier except as otherv.'ise provided in the Contract Documents: but no pro- vision of any such instructions will be etTective to assign to ENGINEER. or any of ENGINEER's consultants. agents or employees. any duty Dr authority to supervise or direct the furnishing or performance of the Work or any duty or author. ity to undenake respo.nsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progrt!! Sch~dul.e: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the eXtent indicated in paragraph ::.9) adjust- ments in the progress schedule to reflect the im~act thereon of. new developments; these wiD conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. SubsriJutts or "Or.EqlUU" Irims: 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 particular Supplier the naming of the item is intended to establish the type, Junction and quality required. Unless the name is followed by words indicating that no, substitution is permitted. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient infonnation is submitted by CONTRACTOR to allow ENGINEER to detenninethat ' the material Dr 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. TRAcrOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ. ten application to ENGINEER for acceptance thereof. certifying that the proposed substitute will performade. 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. 'olher direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject 10 payment of any license fee or 14 royalty. All variations of the proposed substitute from that specified will be identified in (he application and available maintenance. repair and replacement serviCe will be indi- c;'lted. The application will al~o contain an itemized esti.' mate or all costs that will result din:ctly or indirectly from acceptance of such .substitute. includin~ costso[ redesilm and claims of other contractor.) ul'fecte-d by the resulti~g change. all of which shall be consideml by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional datu about the,proposeLl substitute. 6. i .2. If a specific means. method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. sequence. technique or procedure of construction accepw.ble to ENGIN EER. if CONTRACTOR submits sufficient information to allow ENGIN EER to determine that the substitute proposed is equivalent ro that indicated or required by (he Contract Documents. The procedure for review by E~GINEER will be similar [Q that provided in pnragraph 6.7. I as applied by ENGINEER and as may be supplemented in (he Gen- eral Requirements. 6. i.J. E:--IGIN EER will be allowed a reasonable time within which [0 evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability. and no substitute will be ordered. installed or utilized without ENGfNEER's prior writren 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 e.xpense a special performance guarantee or ocher surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR <lnd in making changes in the Contract Documenrs occasioned thereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWN ER for the charges of ENGINEER and ENGINEER's consultants t'or evaluate ing each proposed substitute. Corrcer/fing Subcontractors. Suppliers and Others: 6.8.1. CONTRACTOR shall not .:mploy Jn~' Subcon- tractor. Sup plieror other person ororganization (including those acceptable to OWNER and ENGINEER as indi- cated in parugraph 6.8.2). whether initially or as il substi- tute. against whom OWNER or ENGINEER may hilve reasonable objection. CONTRACTOR shall not be required to e'mploy any Subcontractor. Supplier or other person llr organization 10 furnish or perform any of the Work aguinst whom CONTRACTOR has reasonable objeclil1n. 6.8.:'. If the Supplementary Conditions require the idencily ofceruin Subcontractors. Suppliers or ocher per- sons or orcanizations lincluuinlZ those who are to furnish the princi p'nl items uf materials ~nd equipment I ro be su b- miner.! 10 OWN ER in advunce of the specifieu uatc pril1r to the Effective Dute of rhe Agreement for accc:plUnce b~' OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in uccordance with the Supple- mentaryConditions. OWNER'sor ENGlNEER's accept- ance (either in writing or by failing to make written objec- tion thereto by the date indicated for acceptance orobjec- rion in the bidding documents orche 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 COl'lTRACTOR shall submit an acceptable substitute. the. Contract Price will be increased by the difference in the cost occasioned by such subsritution and an nppropriate Change Order will be issued or Wntten Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiverofany right ofOW.N ER or ENGI. NEER to reject de/ect/\'e Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for a/I acts and omissions of the Subcon- tractors. Suppliers and other persons and org~nizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC. TOR is responsible forCONTRA:CTOR's own acts nnd omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and a.ny such Subcontractor. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to payor 10 see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization e;(cept as may otherwise be required by Laws and Regulations. 6. 10. The divisions nnd sections of the Specifica.tions 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. 6.11. .-\11 Work performed for CONTRACTOR by 0. Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor [0 the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENG INEER and contains \vaiver provisions as required by parngrnph 5.11. CONTRACTOR shall pay each Subcontractor n just share of nny in.\urance moneys received by CONTRACTOR on account of losses under pol. icies issued pursuant to paragraphs 5.6 and 5.7. Paient Fees and Royallies: 6.11. CONTRACTOR shall pay all license t'ees and roy- alties and assume all costs incident to the use in [he perfor- mance of the Work or the incorporutio n in the Work of Jny invention. design. process. product or Llevice which is the subject of patent rights or copyrights held by others. If a particular invention. design. process. prouuct ur device is specified in the Cuntract Documents for u:;e in [he perfor- mance of the Work and ifro the actuul knowledge of OWN ER 15 or ENGillEER its Use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to Others, the existence of such rights sball be disclosed by OWNER in the Contract Documents. CONTRACfOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims) daalaies. losses and expenses (including attorneys' fees and court and arbitration costs) arising out of . any infringement of patent righu or copyrights incident to the use in [he performance of the Work or resulting from the incorporation in the Worle 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. P mniJs: 6.13. Unless otberwise pro~ided in the Supplementary Conditions. CONTRAcrOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRAcrOR. when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees neces3ary for the pro~cution of the Work. 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 such utility owners for capital costs related thereto such as . plant investment fees. . UJwr arui Regula1ioru: 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 far monitoring CbNTRACTOR's compliance with any Laws or Regulations. 6.14.1. If CONTRACTOR observes that the Specifi- cations or DraWings are at variance with any Laws or RegUlations. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knOWing or having reason [a know that it is contrary to such Laws or Regulations. and without such notice to ENGINEER. CONTRACTOR shall bear al/ costs arising therefrom: however. it shall not be CONTRACTOR's pri- mary responsibility to make cenain that the Specitications and Drawings are in accordance with such Laws and Regulations. ,'Taxes: 6,15, CONTRACTOR shall pay all sales. consumer. use ~and o~her similar taxes required to be paid by CONTRAC- TOR In accordance with the Laws and Regulations of the place of the Project which are applicable during the perfor- mance of the Work. USt of Premises: 6.16. CONTRACTOR shall contine cons01..lction equip- ment. the storage of materials and equipment and the oper- ations of workers to the Project site a.nd land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations. rights- of-way, permits and easements. and shall not unreasonably encumber the premises with constrUction 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 Worle. Should any cJaimbe made against OWNER or ENGINEER by any such owner or occupant because of the performance 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 permitted 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. architecu. attorneys and oth~r professionals and COUrt and arbitration costs) arising directly, indirectly or consequentially out of any action. legal or equ'i. table. brought by any such othel' party against OWNER or ENGINEER to the extent b:ued on a claim arising out of CONTRACTOR's performance of the Work. 6.J7. During the progress of the Work. CONTRACTOR shall keep the premises free from accumula.tions of waste materials. rubbish and other debris resulting from the Work. At the camp letion of the Work CONTRACTO R 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 o'ccupancy by OWNER. CON. TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRAcrOR shall nbt load [lor pennit 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 Documtms: 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 claritication~ (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 available to ENGINEER for reference. Upon com- 16 pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER. Sa/try and Proltction: 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shaU cake all necessary precautions for [he safety of. and shall provide the necessary protection 10 prevent damage. injury or loss ro: 6.20. I. all employees on the Work and other persons and organizations who may be affected thereb~': . 6.20.2. all the Work and maeerials and equipmenc to be incorporated therein. whether in seorage on or off the site: and 6.20.3. other propeny 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. CONTRACTOR shall comply with all applica.ble 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 ofadjacenc property and of Underground Facilities and wility owners when prosecution of the Work may anect them. and shall cooperate with them in the pro- tection. removal. relocation and replacement of [heir prop- eny. All damage. injury or loss to any property referred to in parqgraph 6.20.2 or 6.20.3 caused. directly or indirectly. in whole or in pan. by CONTRACTOR. any Subcontractor. Supplier or an~' other person or organization directly or indi- rectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shalf be remedied by CONTRACTOR (except damage or loss attributable to [he fault of Drawings or Specific:l!ions or to the acts or omissions of OWNER or ENGINEER or anyone c:mplo;.:ed by cither of them or anyone r'or whose ;Jcts either ofthc:m may be lielble. and not attributable. directly or indi- rectI}". in whole orin pan. to the fault or negligent:c of CON- TR..l.CTORl. CONTRACTOR's duties and responsibiHtics for the safety and protection of the Work shall continue until such time us ullrhe Work is completed and ENG!~EER h;JS issucJ a norice to OWN ER und CONTRAC'{"OR in accord- ance with puragraph 14.13 thut (he Work is acceptable (c.'(ccpt as olherwise expressly provided in connection with Subs tan- riell Completion), 6.~ I. CONTRACTOR sh,J/I designute a respl1nsible rep- resen[;..ltivc at the site whose uuty shull be the prc\'enlion Llf acciLle nts, This person shall be CONTRACTO R' S superin- lenUenr unlc:ss olherwise uesiunated in writinl! by (0;-';- TRACTOR. co OWN ER.' - Emergrncies: 6.2:2. [n emergencies affecting lhe selfety or protection of persons or the Work or propeny at the site or adjacent thereto. . CONTRACTOR, without special instruclion oraU[hor1zation from ENGINEER or OWNER. is obligaled (0 act to prevent threatened damage. injury or loss. CONTRACTOR shalf give ENGINEER prompt wrimn notice if CONTRACTOR believes that any significant changes in the Work or varialions from the'Concract Documents have been caused thereby. IfENGI- NEER determines chat a change in the Coneract 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. variarions. Shop Drawings and Samples; 6.23, After checking and verifying al) tield measurements and after complying with applicable procedures specitied in the General Requirements. CONTRACTOR shall submic to ENGINEER for review and approval in acco'r.dance with the accepted schedule of Shop Drawing submissions (see para-' graph 2.9). or for other appropriate action if so indicated in the Supplementary Conditions. fi ve copies (unless ocherwise specitied in the General Requirements! of a II Shop Drawings. which will bear a stamp or specific wr1tte n indication that CONTRACTOR has satisfied CONTRACTOR's. responsi- bilicit:s under the Contract Documents with respect to the review of the submission. All submissions will be identitied as ENGINEER may require. The daca shown on the Shop Drawings will be complete with respect to quantities. dimen- sions. specified perfonnance and design criteria. materials and similar data co enable ENGINEER to review the infor- mation as required. 6.X CONTRACTOR shall also submit co ENGINEER for review and approval with such promptness as to cause no delay in Work. all sam pies required by [he Contract Doc- uments. .-\ll samples will have been checked by and accom- panied by a specifk written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material. S4pplier. pertinenr data such as catalog numbers and the use t'or which intended. 6.~5 .1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri. . fled all quantities. dimensions. specitied performance cri- teria. installation requirements. materials. catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Dral....ing or sumple with ocher Shop Drawings and samples and with the requirements of che Work and the Contract Documents. 6.25.2. At the time of each submission. CONTR..'\C- TOR shull give ENGIN EER specitic written notice of wch variution that [he Shop Drawings or sumples may have from the requirements Llf the CLlntract Documents. ano. in addition. shilll cause :1 speeinc notation [0 be maue on 17 each Shop Drawing submitted to ENGINEER for review and approval of each such variation. 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 shaJJ nor e~tend to means. methods. lechniques. 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 Documen ts) 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 shaJl return therequi.red 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 subminals. 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements 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 6.25.2 and ENGINEER has given written approval of each such varia- tioo by a speciiic written no ration thereof incorporated in or accompanying the Shop Drawing or sample approval: nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25 .1. 6,28. Where a Shop Drawing or sample is required by the Specifications. any related Work performed prior to ENGI. NEER's review and approval of the pertinent submission will be the sole expense and responsibilitY of CONTRACTOR. ContinUing the Work: 6.29. CONTRACTOR shaJI carry on the Work and adhere 10 the progress schedule during all disputes or disagreements :",ith OWNER. No Work shall be delayed or postponed pend- Ing resolUtion of any disputes or disagreements. except as permitted by paragraph 15.5 or a.s CONTRA.CTOR and OWNER may otherwise agree in writing. llllitmnification: 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. dam'ages. losses and ~x~enses. 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 of or resulting from the perform,ance of the Work, provided that any such claim. damage. loss or expense (a) 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 odurnish 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 L.aw and Regulations regardless of the negligence of any such party. 6.31. In any and all claims agail1S1 OWNER or ENGI-. NEER or any of their consultants. agents or ~mployees. by any employee of CONTRA.CTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perfonn or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shaJl noc be lirnited in any way by any limitation on the amount or type ;,f damages. . compensation or benefits payable by Of 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 CONT'J\ACTOR 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, reports. surveys. Change Orders. designs or specifications. ARTICLE 7-OTHER WORK Re/.a.ud Work a1 Sue: 7.1. OWNER may perform other wo rk related [0 t.he Proj- ect at the site by OWNER's own forces. have other work perfonned by utility owners or let otherdirectconrracts therefor which shall coiltain General Conditions similar to these. If the fact that such other work is to be perfonned was not noted in the Contract Documents. written notice thereof will be given to CONTRACTOR prior to stal1ing any such other work; and. if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRA.CTOR or requires additional time and the panies are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7,'1. 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 worle with OWNER's employees) proper and safe access to che site and a reasonable opportunity for the introduction aod storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRAcrOR shall do all cutting, fitting and patching of the Work that may be required to make its several pans come together properly and integrate with such other work. CON- '0 TRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent o(ENGINEER and the uthers whose work will be affected. The duties and res ponsibililies of CO NTRACTOR under th is paragraph are for (he benefit of such utility owners and other contractors to the extent that there are comparable provisions tar the benent of CONTRACTOR in said direct contraclS between OWN ER and such utility owners and other contracrors. 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 ror OWNER). CONTRACTOR shall inspect and promptly report ro ENGINEER in writing any delays. defects or deficiencies in such work rhat render it unavailable or unsuitable for such proper e:~ecution and results. CONTRACTOR's failure so to report will constitute an acceptance of the O[her work as fit and proper for integra- lion with CONTRACTOR's \Vork except for latent or non- apparent defects and deficiencies in toe other work. Coordination: 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific malters co be covered by such authority and responsibility will be itemized. and the extent of such author- ity and res ponsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OWNER nor ENG INEER shall have anv authority or responsibility in respect of"such coordination. . ARTICLE8--0WNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications co CON- TRACTOR through ENGINEER. 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 ofrhe former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shaH fumish the duta required of OWNER under the Concract Documents promptly and shall mnke pay- ment.s to CONTRACTOR promptly after they are due as prOVided in paragraphs [4.4 and 14.13. 8.4. OWNER's duties in respect of providing lands ~nd ea:ements and providing engineering surveys to establish reterence poincsare set forth in paragraphs 4.1 and 4.4. Para- graph -1.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies ofreporrs of explorations and tests of subsurface conuitions at the site and in existing strue- ';-" . ttlres 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 e.~ecute 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 JJA. 8.8. [n connection with OWNER.'s right to stop Work or suspend Work. see paragraphs IJ.IOand 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9-ENGINEER'S STA1US DURING CONSTRUCTION .~ Owners Representative: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties andresponsibilities and the limitations of authority of EN G INEER as OWNER's representative during construction an set forth in the Con- tract Documents and shall not be ex. tended without written consent of OWNER and ENG INEER. Virus to Site: 9.2. ENGINEER will make visits 10 the site at intervals appropriate to the various stages of construction to observe the progress and quality of the ex.ecuted Work and to deter. mine, in general. if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections 10 check the quality or quantity of the Work, ENGrNEER's efforts will be dire.eted toward providing for OWNER a greater degree of confidence [hat the completed Work will conform to the Contract Documents. On the basis of such visits and an-site observlltions as an experienced and qualified design profes- sional. ENGINEER will keep OWNER informed of the prog- ress of [he Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Represenlarion: 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 und limitations of authority of any $uch 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 limitutians of authoril y of such other person will be as provided in the Supplementary Conditiun5. 19 CliJ.rifi c~ ru and lnurp rt laJio f\.1 : 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 otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents,lfCONTRACTOR believes that a wrinen clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Ankle II or An:icle 12. AuJJroriud VarolUians in Work: 9.5. ENGrNEER may authorize minor variations in the Work from the requirements of the Concract Documents which do noc 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 be:lieve~ that a Field Order justities an incre~e in the Contract Price or an extension of the Conrract Time: and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article II or 12. Rejecting Dtftctiy~ Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believe~ to be defective. and will also ha ve: authority to require special ins pection orresting of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. Shop Drawings) Cluutge Ord4rs arui PaymerrlI: 9.7. In connection with ENGINEER's responsibility for Sho~ Drawings and samples. see paragraphs 6.13 through 6.29 InclUsive, 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Anieles 10. 11 and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment. etc.. see Article 14. Dtttnnin.a.Jio/u for UrriJ Prices: 9.10. ENGINEER will determine the actual quantities and c/assiiications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinacions on such matters bef~re rendering a written decision thereon (by recommen- dauon of an Application for Payment or othef\lolisel. ENGI- NEER's written decisions thereon will be tinal and binding upon OWNER a.nd CONTRACTOR. unless, within ten days after the date of any such decision. either OWNER or CON- TRACTOR delivers Co the ocher pan:y to the Agreement and to ENGlNJ;::ER written notice of intention to appeal from such a decision. Dtcisioru on Dispuus: 9.11. ENGINEER wiJI be the iniLial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder, Claims. disputes 'and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents perraining lO the performance and furnishing of the Work and claims under Article~ II and [2 in respect of changes in che . Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal deci~ion 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 co the Agreement promptly (but in no event later than thin:y days) after che occurrence of the event giving rise thereto. and written suppon:ing data will be submitted to ENG~EER and the ocher pany within sixty days after such occurrence unles~ ENGINEER allow~ an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENOINEER will not show par- tiality to OWNER or CONTRACTOR and will noe be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant co paragraphs 9.10 and 9. J 1 with respect to any such claim, dispute or other matter (except any which' have been waived by the making or acceptanc'e of final pay- ment ~ provided ih paragraph 14. 16) will be a condition precedent to any exercise by OWNER or. CONTRACTOR of such rights or remedies as either mayothe~ise have under the Contract Documents or by Laws or Regulaeions in respect of any such claim. dispute or other matter. LimiuuiOTlS on ENGINEER'r R~sporuihi1iJitr: 9.13. Neither ENOINEER's authority to act under this Arricle 9 or elsewhere in the Contract Documen [s nor any decision made by ENG INEER in good faith either to exercise or not exercise such authority shall give rise [0 any duty or responsibility of ENGlNEER to CONTRACTOR. any Sub- contractor, any Supplier, or any other person or organization performing an y of the Work, or to any surety for an y .of them. 9.14. Whenever in the Contract Documents che terms "as ordered", "as directed", "a~ required", "as allowed", "as approved" or terms of like effect or impon: are used, or the adjectives" reasonable". "suitable". "accepLable". .. proper" or "sacisfactory" or adjectives of like effect or impon are used to describe a requirement. direction. review or judgment of ENGINEER as to [he Work. it is intended that such requirement. direction. review or judgment will be solely to evaluate che Work for compliance with the Contract Docu- ments (unless there is a ~pecitic statement indicating other- wise), The use of any such lerm or adjectiveshaJl not be .." effective to assign to ENGIN EER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility Contrary [0 the provisions of paragraph 9.15 or 9.16. 9.15. ENGINEER will not be responsible for CON- TRACTOR's rneam. methods. techniques. sequences or pro- cedures of construction, or the safety precautions and pro- grams incident thereto. and ENGIN EER will not be respon- sible for CONTRACTOR's failure to perfonn or furnish the Work in accordance with the Contract Documents. 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. ARTICLE lO--CHANGES IN THE WORK 10.1. WithoutinvaJidating 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 perfonned under the applicable conditions of the Contract Documents (e,xcept as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable co agree as to the' extenr. if any. of an increase or decrease in the Contract Price or an e:nension 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 Article 12. IO.J. . CONTRACTOR shall not be entitled 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 nnd supple- mented us provided in paragraphs 3.4 and 3.5. exc~ptinlhe case of an emergency as provided in paragraph 6.22 and e,xcept in [he case of uncovering Work as provideu in para- graph 13.9. 10.4. OWN ER and CONTRACTOR shall e,xeCUte appro- priate Change Orders (or Written Amendments) covering: JO.~.I. changes in the Work which are ordered by OWN ER pursuant to paragraph 10.1. are requin:u because of acceptance of rJej~C'til'e Work under paragraph 13.13 ur correcting "t~rt!Clit'e Work under paragraph 13.1.1. or :.Ire. :.Igre cd to by I he parties: IDA.:!. changes in the Contract Price or Cuntract Time which are ugn:~u 10 by the purties: anel 0._.'-: '10.4.3. changes in the Contract Price or Contract Time which embody the substance of !lny written decision ren- dered by ENGfNEER pursuant to paragraph 9.1 I: 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 Documen ts and applicable Laws and Regulations. but during <Jny such appeal. CON- TRACTOR shall carryon the Work and adhere to l~e prog- ress schedule as provided in paragraph 6.29. 10.5. [f notice of any change alfecting the genera! scope of the Work or the provisions of the Contract Documents (including, but not limited to. Contract Price or Cont.ract . Time) is required by the provisions of any Bond [0 be given to a surety. [he giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE ll-CHANGE OF CONTRACT RRICE 11. 1. The Contract Price constiCutes the local 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- TR.A..CTOR shall be at his cxpense without change in the Contract Price. 11.2. The ConLract 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 shalI" be based on wrircen notice delivered by the party making the claim to the other party and to ENGINEER promptly (butin no eve.n~ late: than thirty days) after the occurrence of [he event glvlng nse to the ~laim 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 time to ascertain more accurate data .in support of [he claim) and shall be accompanied by claimant's wril1en statement that the amount claimed Covers all known amounts (direct. indirect and con- sequential) to which the claimant is entitled as aresult.of the occurrence of said event. All claims for adjustment In the ContraccPrice shall be determined by ENG IN EER in accor. dance with paragraph 9. II if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if nOl submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price sh~lI 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. by.applica- tion of unit price~ to [he quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9.J. inclusive). 21 I i.J.l. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with para.graph 11.6.2. I). 1 i.J.3. On the basis of [he Cost of the Work (deter- mined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and prollt (deter- mined as provided in paragraphs 11.6 and 11.7), Cost of till Work: II. 4. The rerm Cost of rhe Work means the sum of all COsls necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by 0 WN ER. such costs shall be in amounts no higher than those prevailing in the locality of the Project. shall include only the following items and shall not include any of rhe coses itemized in paragraph 11.5: 11.4.1. PayroH COstS for employees in the direct employ of CONTRACTO R in rhe 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 spen t on the Work. Payroll costs shall include. but not be limited to, salaries and wages plus the cost of fringe benelits which shall include social security con[Jibutions. 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. 11..4.2. Cost of ail materials and equipment furnished and incorporated in the Work. including costs of trans- portation and storage thereof. and Suppliers' field services required in connection therewith. All cash discounts.shall accrue to CONTRACTOR unless OWNER deposils 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 chat they may be obtained, 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 o[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 of the Work. All subcontracts shall be subject n to the other provisions of the Con trac t Documents insofar as applicable. 11.4.4. Costs of special consullan ts (including but not limited co engineers. architects. tes ting laboratories. sur. veyors. attorneys and accountants) employed for services specillc.a1ly related 10 the Work. 1 I .4.5. Supplemental costs including the following: 11.4.5.1. The proponion of necessary transporta- tion. travel and subsistence expenses of CONTRAC- TOR's employees incurred in dischaT&e of duties con- nected with the Work. 11.4.5 .~. Cost. including transportation and main- lenance. 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 nc# consumed which remain the propeny of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreemenls approved by OWNER with the advice of ENGINEER. and the costs of tnr!sportation, loading, unloading, installation. dismamling and removal l.hereof-all in accordance wiih tems of said rental agreements. 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 10 the Work. and for which CONTRAcrOR is liable. imposed by Laws and ReguJations. 11.4.5.5. Deposits lose for causes other than negli- gence of CONTRACTOR. any Subcontractor or any- one directly or indirectly employed by any of them or (or 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 che performance and furnishing of the Work (except losses and damages within the deduclible amounts of property insurance established by OWNER in accordance with paragraph 5.9), pro- vided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly emplo yed by any of them or" for whose aces any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such los~es, damages and expenses shall be included in the Cost of the Work for the purpose of delennining CONTRAC- TOR's Fee. If. however. any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof. CONTR;\CTOR shall be paid for services a f~e propurtionate [0 that stated in paragraph , 1.6.2. 11.-t.5.7. The CO.~I of utilities. r'ue! and sanitary f;Jcililies ;Jl the site. II A.5.8. ~linor e.~penses such ;JS telegr;Jms. long distance telephone c:.Jlls. telephone service at {he site. expressage and similar perty l::J.sh items in connection with the Work. 11.-1.5.9. Cost of premiums ror additional Bonds aOlI insurance requireu because ofchunges in (he Work and premiums for property insurance coverage within the limits of the deductible amounts established bv OWNER in accordance with paragraph 5.9. . 11.5. The term COSt of the Work shall not include any of Ihe following: 11.5. I. Puyroll costs and ocher compensaiion Of CON. TRACTOR's officers. e.xecutives. principals lor purener. ship and sole proprietorships). general managers. engi. neers. architects. estimacors. at[Qrneys. auditors. accoun- r~nts, purchasing and contracting' agents. expeditors. umekeepers. clerks and other personnel employed b~' CONTRACTOR whether at the site or in CONTRAC. TOR's principal or a branch office for general administra- tion of the Work and not specifically included in rheagreed upon schedule of job classific<1tions referred to in para- graph 1104. I or specifically co vered by paragraph 11.4.4- a/l of which are to be considered administrative costs covered by the CONTRA.CTOR's Fee. 11.5.2. E.~penses ()f CONTRACTOR's principal and branch offices other than CONTRACTOR's Llt'tke at the site. 11.5 J. ..-\ny pare of CONTR..-\CTOR's capiml expenses. inClUding interest on CONTRACTOR'S capital employed for the Work and charges <1gainst CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance Whether or not CONTRACTOR is required by the Contrnet Documents to purch<1se and maint<1in the snme (e.xcept for the oost of premiums covered by sub. paragr<1ph 11.-U.9 above). 11.5,5. Costs due to (he nel!iillenee of CONTRAC- TOR. nny SubCOnlmL:tor. or anY~n~ Jirectly or indirectly employed br any of I;'~m or for \Vho~e nClS any of them mny be linhle. ;n-:!'.IlJinl; but notlimi{eJ to. the ~om:ction of dl:'j"l iii, \':ur~. Jispos<i1 Llf murerials or equipmenr wrongly Sll, -d i~.. ~ "1aking good any damage' co prop- ert~. . 1I,~.6. Other overhead or general expense costs Llf any kind and the Costs uf :lny item not specinca/ly nnu expressly illdudetJ in paragraph 11.-1. CONTRACTOR's Fee; 11.6, The CONTRACTOR's Fee allowed to CONTRAC, TOR for overhe<1u and profit sh<1l! be determined as follows: 11.6.1. ;J mutually acceptable fixed fee: or if none can be agreed upon, 11.6.2. a fee based on the following percentages ofche v<1rious portions of the Cost of the Work: 11.6.2: I. for costs incurred under parngrnphs 1104.1 and II.-I.~. the CONTRACTOR's Fee shall be fifteen percent: 11.6.2.2. forcosts incurred under paragraph 11.4.3. the CONTRACTOR's Fee shall be f.vepercent: and if a subcontr<1ct is on the b<1sis of Cost of the Work Plus a Fee. the ma:<imum <1J1owable 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 com itemized under paragrnphs 11.-1.-1. II A.S and 11.5: I J .6.2.4. the amount of credit (0 be allowed by CONTRA.CTOR CO OWNER for any such change \~:hich results in n net decrease in cost will be the amount of the actual net decrease plus <1 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, 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.-1 or 11.5. CONTRACTOR will submit in t'orm acceptable to ENGINEER an itemized cost breakdown cogether with suppot1ing 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 shull C<1use [he Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances us may be acceptable CO ENGI- NEER, CONTRACTOR agrees th<1t: 11.8. I. The allowances include the cost to CON- TRACTOR (Ies~ any applicable trade discounts I ot"mate- rials and equipment required by the <1IJowances co be deliv- ered at the site. and <111 applic<1ble taxes: nnd 11.8.2. CONTRACTOR'~ costs fur unloading ;Jnd handling on the site. !ahor. installation costs. overhead. profit anJ other e.'tpenscs contempluted for the allowances have been included in the Contract Price and not in the 23 allowances. No demand for additional payment on account of any thereof will be valid. 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. Unit Prne Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the pUrpose of comparison of Bids and determining an initial Comract Price, Determinations of the actual quan- tities and classifications of Unit Price Work pertormed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amounr considered by CONTRACTOR to be adeqUate to cover CONTRACTOR's overhead and profit for each sep- arately identified item. J 1.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and Significantly from the eHimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect [0 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 Con- tract Price in accordance with Article J J if the parties are unable to agree as to the amount of any such increase. ARTICLE 12~HANGE OF CONTRACT TIME 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 Corm-act Time shall be based on written notice delivered by the party making the claim [0 rhe orher party and co ENGINEER promptly (but in no evenr later than : thirty days) after the OCCUrrence of the evenc Siving rise to the claim and stating the general nature of the claim. Norice of the eXrentof the claim with supporting data shall be deliv. . ered within sixty days afrer such OCCUrrence (unless ENGI- NEER allows an additional period of time [0 ascertain more . accurate data in SUPPOI1 of the claimland shall be accom- panied by the claimant's wrirten statement thar the adjust- ment claimed is the entire adjustment to which the claimanr. has reason to believe it is entirled as a result of the occurrence of said eVent. All claims for adjustment in the Co~tract Time shall be detennined by ENGINEER in accordance with para~ graph 9.11 if OWNER and CONTRACTOR cannot otherv.-ise . agree. No claim {or an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.1, The Contract Time will be e:l:tended 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] 2.1. Such delays shall include. but not be limited ro, acts or neglect by OWNER or others performing additional worle as contemplated. by Article 7, or to fires. floods. Jabor disputes. epidemics, abnormal weather conditions or acts o{ God. 12.3. All time limits stated in the Conrraci Documents are of the essence of the Agreement. The provisions of this Aniele'l:! shall not exclude recovery for damages (including but not limited to iees and charges of engineers, architects. attorneys and other professionals and court and arbitration cOsts) for delay by either party. ;. ARTICLE I}-WARRANTY AND GUARANTEE; TESTS AI'lD INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECfJVE WORK Wamuuy alUi G lUUTUlUt: 13..1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work 'will be in accor- dance with rhe Coneract Documents and will not be defeClivt. Prompt notice of all defects shall be ~ven ro CONTRAC. TOR. All defective Work. whether or not in place. may be rejected. corrected or accepted as provided in this Article 13. Acce:rs to Work: 13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER. testing agencies and gov-. emmental agencies with jurisdictional interests wili have access to the Work at reasonable rimes for t.heir observation. inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Te:ru ami In:rptClions: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections. tesrs or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or pal1 thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor. pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection. testing or approval. CONTRACTOR shall also "A be responsible for and shaH pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENG IN EER 's acce ptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitled for approval prior to CON. TRACTOR's purchase thereoffor incorporation in the Work, The cost of all inspections. rests and approvals in addition to the above which are required by rhe Contract Documents shall be paid by OWNER (unless otherwise specified!. 13.5. All inspections. tests or approvllls other than those required by Laws or Regulations of any public body havin~ jurisdiction shall be performed by organizations acceptabl~ to OWNER and CONTRACTOR lor by ENGI;-';EER if so specified). 13.6. If any Work !includin~ the work of others) that is to be inspected. tested or approv~d is covered without written concurrence oJ ENGINEER. it must. if requested by ENG I. NEER. be uncovered for observacion. Such uncovering shall be at CONTRACTOR's expense unless CONTR.-\CTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response [0 such notice, . 13.7, Neither observations by ENGINEER nor inspec- tions. tests or aporovals bv others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the wrinen request of ENGINEER. it must. if requested by ENGI~EER. be uncol'ered for ENGINEER's observation :lnd replaced at CONTRACTOR's e.xpense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER's request, sholl uncover. expose or otherwise make available for ~bs~rvation. 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 thut such Work is dt!.ti:!Clin'. CONTRACTOR shallbe:lr:111 direct. indirect ant.! consequentj~d cases 'of such unc~vering. expo- sure. observation. inspection and testing :lnd of s;1tisfactory reconstruction. (includi nil bu t not limited to fees and chanzes of engineers. architects. ~ttorneys and other prot'essionaisl. and OWNER shull be entitled to an :tppropriate Jecreasein [he Contract Price. ant!. if the parties un: unabk to agree us ~o the ~moun[ thereof. ma!' make a claim therefor U~ provided In ArClcle II. [f. hOllel'er. :=;uch WtJl"k is not t'Llund to be c!/!.Ic'('ril'('. CO:-':TRAlTOR ,hull be allowet.! un incre:lse in the CLlntr;ll:t Pl"i,-~ ."1" ..i\ ~.\,<:n~ion of the Contract Time. Llr both, JirL:<.:rly attrilllllabl~ III such uncovering. <.:xposure. observ;llilln. inspc.:ction. testinu unli reconstrucril'n: and. if the pani~s are unable 10 ugre~ as [lJ the umount Llr extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles 11 and 12. Owner May Stop the Work: 13./0. If the Work is defeeti\'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. unciI 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 part of OWNER to e,xercise this right for the benefit of CONTRACTOR or . any other party, Cornclian or Removal of Defectiye Work: 13.1 L Ifrequired by ENG[NEER. CONTRACTOR shall promptly. as directed. either conecr all deftetil'e Work. whether or not fabricated. installed or completed. or. if the Work has been rejected by ENGINEER. remo.vc it from [he site and replace it with nOlldefecril'e Work. CONTRACTOR shaH bear all direct. indirect :lnd 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. any Work is found co be de/eefl're. CONTR.-\CTOR shall promptly, . without cost to OWN-ER and in accordance with OWNER's written instructions. either correct such de/ecri\'e Work. or. if it has been rejected by OWNER. temove it from the site and replace it with trondefecril'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 defecth'e Work cor, reeted or the rejected Work removed and replaced. and all direct. indirect and consequential costs of sueh removal and replacement (including but not limited to fees and charges of engineers. architects. :lttorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service be'fore Substantial Completion of all the Work. the correction period for that item may starr to run from an earlier date: if so provided in the Spc:cifications or by Written Amendment. Acceptance of Defectiye Work: I J.l J. [f. instead of requiring correction or removal and replacement of dl!.li:('ril'e Work. OWNER (and. prior to ENGIN EER's recommenJation or final payment. a/so ENGIN EER) prefers [0 accept it. OW}.iERmny d050. CON. TRACTOR shall bc:ar all dirc:cl. indirect and consequential 25 costs attributable to OWNER's evaluation of and detenni- 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 professionals). 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 shall be entitled to an appropnate decrease in the. Contract Price. and. if the panies are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article [I. II the acceptance occurs after such recommendation. an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May CO/'7'ect Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after writte n 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 oC the Contract Documents, OWNER may, after seven days' writ- len 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 andremedial action. OWNER may exclude CO NTRACTOR from all or part of the site) take. possession of all or part of the Work. and suspend CON- TRACTOR's . services related thereto. take possession of CONTRACTOR's tools. appliances, 'constrUction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER'sreprcsen- 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 CONTRAcrOR in an amount approved as to reasonableness by ENGINEER. and a Change Order will be issueQ 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 parties are unable to agree as to the amOUnt thereof. OWNER may make a claim therefor as provided in Article 1 L 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 CONTRAcrOR's defecrive 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 OWN ER 's rights and remedies hereunder. ARTICLE I4-PA YMENTS TO CONTRACTOR AND COMPLETION Schldule of Yalues: 14. I. The schedule of values established as provided in paragraph 2.9 will serve as the basis for pro gress payments and will be incorporated imo a form of Application for Pay. ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the numberof units completed. AppiU:aJion far Pro'{ress Paymtnl: 14.2. At least twenty days before each progress payment is scheduled (but not more often than orlce a month). CON. TRACTOR shall submit to ENGINEER for review an Appli. cation for Payment tilled out and signed by CONTRAcrOR 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 equipmerlt not 'inc~rporated in rhe Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale. invoice or other documentation warranting that OWNER has received' the materials and equipment free and clear of 'aJlliens, 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- isfactorylo OWNER. The amount of. retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty afTitle: 14.3. CONTRAcrOR 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 aU Liens. Review of ApplU:atians for Progress Paymenc: 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 CONTRAcrOR indi. cating in writing ENG INEER' s reasons for refusing to rec- ommend payment. In the latter case. CONTRAcrOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Applicalion for Pay. ment with ENGINEER's recommendation. the amount rec- ommended will (subject to the provisions of the last sentence of p~ph ] 4. 7) become due and when due will be paid by O~ERtoCONTRACTOR. (In accordance with the Georgia Prompt Pay Act ) 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a 26 representation by ENG IN EER to OWN ER. based on ENGI- NEER's on-site observations of th~ Work in progress as an experienced and qua/iRed design professionaLand on ENGI- N EER' s review ur che Application for Payment and the" accompanying data and schedules that the Work has pro- gressed to the point indicnted: Chill. to the best of ENGI- NEER's knowledge. infor~ation and belief. the quality of (he Work is in accordnnce with th~ Contract Documents (subject (0 an evaluncion of the Work as a functioning whole priorro or upon Substantial Complerion. to the resulrs ofany .subsequent tests cal/ed for in the Contract Documents. to a final determination of quan tities and classifications for Unit Price Work under paragraph 9.10. and co any other qualifi- cations stated in the recommendation): and that CONTRAC- TOR is entitled to payment of [he amount recommended. However. by recommending any such paymenc ENG INEER will noc thereby be deemed to have represented [hac exhaus- cive or continuous on-site inspections have been made to check the quality or [he quancity of che Work beyond the responsibilicies specifically assigned to ENGINEER in rhe Concract Documents or thac there ma v not be other matters or issues between [he parties that might encicle CONTRAC- TOR to be paid additionally by OWNER or OWNER to wichhold paymenc to CONTRACTOR. 14.6. ENGINE.ER's recommendation of final payment will conscicuce an additional repres~ntation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entic/ed to final payment as set forth in paragraph [4.13 have been fulfilled. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion. it would be incorrect to make such represent;Hions cO OWNER. ENGINEER may also refuse to recommend any such pay- ment. or. because of subsequently discovered evidence or the results of subsequenc inspections or tests. nullify any such payment previously recommended. co such extent as may be necessary in ENGfN EER's opinion t~ pretecc OWNER f~o~ loss because: 14.7.1. [he Work is dejuril'e, or completed Work hils been damag~~ requiring correction or replacement. 1-1.7.2. the Concract Price: has been reduced bv Writ- ten Amendmenc or Change Order. . 14.7.3. OWNER has been required to correct d/!.f~('- rit'e Work or complete Work in accordance wich paragraph I3.J4.or 1-1.7.4. uf ENGINEER's actual knowledge of the occurrence of any of the eVents enumerated in paragraphs 15.~. J through 15,2.9 inclusive. OWNER may ret'use eo make payment of the full amount recommended by ENG IN EER because claims have b~en m~d~ againsc 0 WN ER on accuunc of CONTRACTOR 's per- formance or furnishing of the Work or Liens have been filed in con neccion wieh the Work or [here an: other it~ms entitling OWN ER to a sec-off against the amount recommended. but OWN ER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) staring the reasons for such acrion. Substantial Completion: 14.8. When CONTRACTOR considers rhe entire Work ready for its intended use CO N"TRACTOR shall noeify OWNER and ENGINEER in wricing that [he entire Work is substanrially complete le,xcepr for icems specifically listed by CONTRACTOR as incomplete) :l.nd request that ENGI- NEER issue a certificate of SubSCiln!ial Completion. Within a reasonable cime thereafter. OWNER. CONTRACTOR and- ENGIN EER shall make an inspection of the Work co deter- mine the status of completion. If ENG IN EER does not con- sider the Work substantially complere. ENGINEER will notify CONTRACTOR in writing giving che reasons rherefor. If ENGINEER considers [he Work substantially complece. ENGINEER will prepare and delivereo OWNER a centative certificate of Substantial Completion which shall fi.x che date of Substantial Completion. There shall be ~tached [0 the certificate a tencative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipc of che tentative certificate during which CO make writcen objection to ENGINEER as co any provisions of the certificace or atcached lisL If. after considering such objec- tions. ENGINEER concludes that the Work is not substan- tially complete. ENGfNEER will within fourteen days after submission of the tentative certificace {Q OWNER notify CONTRACTOR in writing. stac'ing the reasons cherefor; If. afcer consideration of OWNER's objections. ENGINEER considers che Work subsrantially complete. ENG INEER will within said fourteen days' execute and deliver to OWNER and CONTRACTOR a definitive cmificace of Substantial Complecion (with a revised lencativc: list of items to be com- pleted or correctedl refleccing such changes from the ren"cative certificate as ENG IN EER believes justified after consider. ation of any objeccions from OWNER. At the time of deli very of the tentacive certificate of Substantial Completion ENGI- NEER wi!! delivereo OWNER and CONTRACTOR a written recommendation as [0 division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operntion. safety. maintenance, he:lC. utilities. insurance and warranties, Unless OWNER and CONTRACTOR agree otherwise in wricing and so inform ENGINEER prior to ENGINEER's issuing the: definitive certificate of Substancial Completion. ENGIN EER's afore. said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right 10 exclude CON- TRACTOR from th~ Work after the date of Substantial C0m. plecion. but OWNER shall allow CONTRACTOR reasonable access co complete or correct icems on the tentative lisL Partial Utili:.ation: 14.10. Use by OWNER of any finished parr of the Work. IYhich has specifically b~c:n identified in the Cuntract Dl.l~u- 27 ments, or which OWNER, ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can be usea by OWNER without sig- nificant interference with CONTRACfOR's performance of the remainder of the Work. may be accomplished prior to Substantial Completion of all the Work subject to the follow. Ing: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees, CONTRACfOR will certifyro OWNER and ENGINEER that said pan: of the Work is substantially complete and request ENGINEER to issue a cerrificate of Substantial Completion' for that part of the Work. CON. TRACTOR at any time may notify OWNER and ENGI- NEER in writing Chat CONTRACTOR considers any such part 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. O\VNER. CONTRACTOR and ENGINEER shall make an inspec- lion of that parr of the Work to determine its s,atus of completion. [fENGINEER does noteonsider that parr of the Work to be substantially complete. ENGINEER ""';11 notify OWNER and CONTRACTOR in writing giving the reasons therefor. [[ENGINEER considers that pan: ofthe 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 parr of the Work and the division of responsibiliry in respect thereof and access thereto. 14.10.:. OWNER may at any time request CON- TRACTOR in Writing to permit O\VNER to take over operation of any such parr 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 ari inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part 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 re~ponsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation. safety, maintenance. utilities. insur- ance - warranties and guarantees for that parr of the Work which will become binding upon OWNER and CON- TR.o\CrOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEER), During such operation and prior to Substantial Completion of such parr of the Work. OWNER shall allow CONTRACTOR reasonable access to complete or correct items on' said list and to complete other related Work. 14.10.3, No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements ofpa.ra.graph 5.1j in respect of property insurance. F inall n.sptction: 14.11. Upon wrinen notice from CO N1'RACTOR that the entire Work or an agreed portion !.hereofi! complete. ENGI- NEER wiU make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or def~ctiv!. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi. ciencies. FiIUJ! Applico.tUJn jor Paymtll1: 14.12. After CONTRACTOR has completed all such cor. rections to !.he satisfaction of ENGINEER and delivered all maintenance and operating ins01.lctions. sched\lles, guaran- tees. Bonds. cerrificates of inspection. marke"d-up record documents (as provided in paragraph 6.19) and other docu- ments-all as required by the ContractDocumenl3, and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14,]6). CONTRACfOR 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 (or 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 ,he Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full: an affidavit of CON- TRACTOR that the releases and receipts include all labor. services, material and equipment for which a Lien could be filed. and that all payrolls. material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property 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 (0 OWNER to indemnify OWNER againsl any Lien. Final Payment and Acctptana: 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 [)ocuments. 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 written notice to OWNER and CONTRACTOR that the Work is acceptable subject [0 the provisions of paragraph 14.16. 28 Otherwise. ENG!NEER 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 ENG IN EER 's recommen- dation and notice of acceptability. the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. (In accordance with the Georgia Prompt Pay Act). 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 tinal 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 5.1. the written consent of the surety to the payment of the balance due for that portion or"the Work fully com. pleted and accepted shall be submitted bv CONTRACTOR to ENGINEER with the Application for s~ch payment. Such payment shall be made under the terms and conditions gov- erning final payment. except that it shall not constitut~ a waiver ()fclaims, Contractor s Continuing ObligaJion: 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 paymencby ENG IN EER. nor the issuance of a cer- tificate of Substantial Completion. nor any payment by OWNER [0 CONTRACTOR under the Contract Documents. nor uny use or occupancy of the Work or any pare rhereofby OWNER. nor any act of acceptance by OWNER nor any failure to do so. nor any review and approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13. n~r any correction of defeclive Work by OWNER Ivill con- Stitute an acceptance of Work not in accordance with the Commct Documents or a release of CONTRACTOR's obli- gation to perform che Work in accordance with the Contract DOl:uments (except as provided in paragraph /4.16), Waiver oj Claims: I~. 16. The making and acceptance of final pa)'ment will constitute: 1-+.16.1. a waiver of <111 claims bv OWNER against CO?'iTRACTOR. except claims Grising from ~ns~([leLi Lien). from d!!,k('li\'(' Work appearing after tinal inspec- titln pursuant 10 pamgruph /4.11 ur from failure (ll campi)' \\"ith.lhe Contract Dllcuments or the terms of all)' special guarantees spel:ifieLi therein: however. it will ntl! consti- tute a wail.'t::r hy OWNER of any rights in I'CSpcct llf 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-SUSPENSrON OF WORK AND TERM!NA TION Owner May Suspend Work: J5.1. OWNER may. at anytime 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 ""hic h Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be aJlowe d 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 provideq.in Articles II and 12. Owner May Tenninaie: 15.2. Upon the occurrence of anyone or more of the followin'g event.s: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11. United States Code), as now or hereafter in effect. or if CON- TRACTOR takes any equivalent or similar action by tiling a petition or otherwise under any other federal or state law in effect ai 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 benent of creditors: 15.2.4. if a lrustee. receiver. custodian or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointment or authority to take charge of property of CONTR.-\CTOR is for the purpose of enforcing a Lien against such property or for th~ purpose of general ~dminislra[ion of such pro perty for the benetit ofCONTRACTOR's l:reLiicors; . 15.2.5. if CONTRACTOR admits in writing an inabil- ity co pay its debts gener,lily as they become uue: 15.2.6. if CONTRACTOR persistently fails ro perform the Wurk in accl)rdant.:~ with the Cuntract Documents 29 (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): 15.1.7. if CONTRACTOR disregards Laws or Regu. lations of any public body having jurisdiction: 15.1.8. jf CONTRACTOR disregards the authority of ENGINEER: or 15.1.9. if CONTRACTOR otherv.tise violates in any substantial way any provisions of the Contract Docu- ments; OWNER may. after giving CONTRACTOR (and the surety) if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the serv-ices of CONTRACTOR. exclude CONTRACTOR from the site a..nd take possession of the Work and ofaJl CONTRACTOR's lools, appliances) construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass orconvers.ion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but whicn are stored elsewhere, and linish the Work as OWNER lIlay deem expedienc. In such case CONTRACTOR shall nO[ be entitled to receive any further payment until the Worle 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 ocher 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 10 OWNER. Such costs incurred by OWNER will be approved as to rea:sonablene:\s bv ENGINEER and incor- porated in a Change Order, bUl when exercising any rights orrernedies underthis paragraph OWNER 5halJ not be required to obtain tbe lowest price for the Work performed. IS,). Where CONTRACTOR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWN ER against CONTRACTOR then 'existing or which may thereafter accrue, Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liabil jty. 15.4. Upon seven days' written notice to CONTRAC. TOR and ENGINEER. OWNER may, without cause and without prejudi!:e 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 e.'(ecuted and any expense sustained plus reasonable [ennination expenses, which will include, but not be limited to, direct. indirect and con. sequencial coSts (including. but not limited to. fees and charges of engineers. architects. attorneys and .other professionals and court and arbitration com). C on/rac!J:Jr May 5!J:Jp Work or T ermuuzu: 15.5. If, through no aC.t or fault of CONTRACTOR. the Work is suspended for a period of more than nirrew days by OWNER or under an order of court or other public authoricy I . or ENGINEER fails to act on any AppUcation for Payment wjthin thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due, then CONTMCTOR may. upon seven d:lY~' written notice to OWNER and ENGINEER. terminate the Agreement and recover from OWNER paymerH for all Work executed and any expense sustained' plus reasonable termination expenses. In addition and in Ueu 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 paymencof all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.19 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements witb OWNER; . [The remainder of this page was left blank intentionallY.J 30 ARTICLE 16--ARBITRATION 16.1 All claims, disputes and other matters in question betveen 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 'HaS left blank intentionally.) ~ ~.~.' ~1 (This page was left blank intentionally,) , ~ 32 ARTICLE 17-MISCELLANEOUS Giving Notk,: 17.1. Whenever any provision of the Con tract 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 linn or to an officer of the corporation for whom it is inrended. or if delivered ac'or sent by registered or certified mail. postage prepaid, to the last business address known to the giver of the notice. Computation of Tim,: 17.2.1. When any period .of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legaJ holiday by the law of the applicable jurisdiction. such day wilJ be omined from the computa- tion. 17.2.1. A calendar day oftwency-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRAcrOR suffer injury or damage co person or property because of any error, omis- .;~.. sion or act of the.other party or of any of the other party's employees or agents or orl1ers for whose acts the other party is legally liable. claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph l7.J shall not be construed as a substitute for or a waiver of the pro- visions of any applicable statute of limitations or repose. .17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto. and, in particular but without limitation. the warranties. guarantees and obligations imposed upon CONTRACroRbyparagraphs 6.JO. 13.1. 13.12. lJ.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 availlible 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 eacb particulli~uty. obliga- tion. right and remedy to which they apply. All representa- tions. warranties and guarantees made in ihe Contract Doc. uments will survive .finaJ payment and termination or com- pletion of the Agreement. 33 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 Country for this project. Current insurance coverage 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 any one 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 eXlstmg water lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. 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 Engineering Department. There will be no separate payment for this work. SC - 1 Engineering Department Storm Pipe Replacement- Good News Church SC -2 Engineering Department Storm Pipe Replacement- Good News Church 1.5 SURVEYS: The Contractor will provide surveying for construction staking, horizontal control, and vertical control as necessary, utility staking, and as built. 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 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 Director of Engineering, or their official designee. 1.8 UNDERGROUND UTILITIES: (References 4.3, 1.4, 3.2) 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. 1.9 SAFETY: (Reference 6.20) The Contractor shall use certified flagmen, barricades and signs as necessary to notify the public, in particular, those persons driving in the vicinity of the project, of the construction and its affect on traffic. ~" Western Surety Company BID BOND Bond No. 70469164 KNOW ALL MEN BY THESE PRESENTS, that we, CBH Construction, LLC, as Principal (hereinafter called the "Principal"), and Western Surety Company, P.O. Box 5077, Sioux Falls, SD 57117-5077(hereinafter called the "Surety"), are held and firmly bound unto City of Augusta, Augusta, GA , as Obligee, (hereinafter called the "Obligee"), in the sum of 10% of the greatest amount of the bid described below for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal has submitted a bid to Obligee for Storm Pipe Replacement, Good News Church, Proiect Number 322-04-206822001. NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid or, in the event of the failure of the Principal to enter into such a contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and the next low bid received by the Obligee for the work covered by Principal's bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Principal Western Surety Com By t / ~ George Jeffrey Palmer Attorney-in-Fact Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint J Richard Blanchard, Gerald A Armstrong, Jeffrey M Barrett, Francis P Meehan, George Jeffery Palmer, Individually of Augusta, GA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 16th day of January, 2008. ~\\~StET"~"," ::-~~+~!...........~.C'O'" !/!!ZO.f#O"~;,.\\ ~::i(J ~}~I ~~~e":"'/~! ... .r0(l"~ _....~'.'~s ...."tIr".o"'\II :; ""'''fll''~ WESTERN SURETY COMPANY -;0~fI .-'.. 'd Paul . Bru at, Semor Vice Presl ent State of South Dakota County of Minnehaha } ss On this 16th day of January, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2012 +~~~~~~~~~~~~~~~~~~~~~~~~+ : D.KRELL : , . . . ... , :~NOTARY PUBLIC@: , SOUTH DAKOTA , s . , +~~~~~~~~~~~~~~~~~~~~~~~+ Afld ~Publi' My commission expires CERTIFICATE I, 1. Nelson) Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 4th day of M:lrch , 2008 . ~~\\\\~;'Et"~/'" ~~~ ~...........t. C'~ !~~..~o""/;\~\ ~ ::\(.t tc'1 =1 \l-\.."'e ","/if} 't;!Oj;~"'-"'ii.lr:~.. "'~""'~fl~.e:,,,,,"'\'l; WESTERN SURETY COMPANY cr ~~ 1. Nelson, AsSistant Secretary Fonn F4280-09-06 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President) or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies) or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings) Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. /3,rJtF en -os 'f BidlRFP /RFQ# 322 -0 v- zoc,,~221 CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10-91, stating affIrmatively that the individual, fIrm, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verifIcation of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pUrsuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verifIcation of compliance with O.C.G.A 13-10-91 on the Subcontractor Mfidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification. to the Augusta Richmond County Board of COrr:uIDssioners at the time the subcontractor(s) is retained to perform such service. E-Verify * User Identification Number t6~ COV\<;tn"leJf LLL 500 or More Please Check One. / _'100 or more _ 100 or less_ Number of Employees Company Name Date: BY: AuthorIzed Officer or Agent (Contractor Signature) _()W0~Y Title of Authorized Officer or Agent of Contractor ~h y \ s H-) ULm.Cl\~ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 3nl ,200~ Notary Public My Commis _............,'''-'\. ~--~ON HIt. \\_, ;- ,..t;....-......{ -. j!If'. ... +~ { / ~01Al/r \ \ ~: -- V: ~ ~ \. Aiua\.~ '" J;;I f# 00 ... ~ 'l-f!:>~/ ~~; f.? ..fJ. June \,... ~ .. _, It-ff .......... ~~ A" " /JIA CO~'" l<\~,,'e....~"<;.,.... PLEASE RETURN WITH YOUR SUBMITTAL PLEASE RETURN WITH YOUR SUBMITTAL t-\ k ()11(A~ ~41* o~-oslf BidlRFPIRFQ # S.J..].... 0 I(....L 01/61.1 (}cJ I SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the. physical performance of services under a contract with Cv; \t LoV'Sty1.{ ct1U1 ttlC- on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O. C. G. A 13-10-91. Please Check One; E-Verify * User Identification Number 500 or More 100 or more 100 or less Number of Employees '.. Company Name BY: Authorized Officer or Agent (Subcontractor Signature) Date: Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,200_ Notary Public My Commission Expires: CBH Construction, LLC 678 Heggies Ridge Dr Appling, GA 30802 706-309-9520 Attention: Augusta Georgia Procurement Department 1. CBH Construction has experience in storm water projects including approximately 18,000 LF ofCPP and RCP for Mount Vintage Development for golf course and road construction. The reference for this project would be Doug Cheek, P .E. phone number given upon request. 2. CBH Construction has completed approximately $50,000 worth of storm water projects for the Columbia County Storm Water Department. The reference for these projects would be Jacques Palmer. 2. CBH Construction has completed approximately $250,000 of drainage projects for Prince Grading, Inc. The reference for these projects would be Jon Prince. a:;:$~~ March 3, 2008 April C. Colburn, CPA, LLC 339 Barnsley Drive Evans, GA 30809 706-650-8292 To the Board of Directors CBH Construction, LLC 678 Heggies Ridge Dr Appling, GA 30802 I have compiled the accompanying balance sheet of CBH Construction) LLC as of October 31, 2007 and the related statements of income for the period then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants, A compilation is limited to presenting, in the form of financial statements, information that is the representation of management. I have not audited or reviewed the accompanying financial statements and. accordingly, do not express an opinion or any other form of assurance on them. " ,/) ,/ .' /' ;" ~;:.- . .<.. > 'J ~4'7r' _ 1 ;~. .:-" "'-'.... '" l../.."( ---.-- December 17, 2007 ASSETS CBH Construction, LLC BALANCE SHEET October 31, 2007 CURRENT ASSETS GB& T Operating Account S 2,251,12 GB&T Tax Reserve 1,00 Accounts Receivable 60,68739 Equipment 693,678.75 Total Current Assets $ 756,618.26 PROPERTY AND EQUIPMENT Total Property and Equipment OTHER ASSETS Total Other Assets TOTAL ASSETS $ 756,618.26 See Accountants' Compilation Report 1 CURRENT LIABILITIES Employee Receivable G8&T Line of Credit Payroll Liabilities Total Current Liabilities LONG-TERM LIABILITIES Cat 287B-lSA02370 Cat 304CR-NAD02683 Cat 315CL-CJC04057 Cat 924G Cat D3GLGP _BYR00780 Cat IT14G-KZN00634 Cat320DL-PHX00149 G8&T - John Deere Tractor G8&T Ford 550 G8&T Ford 650 G8& T Strawblower Total Long-Term Liabilities Total Liabilities STOCKHOLDERS' EQUITY Owner's Capital Net Income (Loss) Total Stockholders' Equity CBH Construction, LLC BALANCE SHEET October 31, 2007 LIABILITIES AND STpCKHOLDERS' EQUITY s s $ S $ $ TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $ See Accountants' Compilation Report 2 s -50.00 32,92067 4,252.88 37,123.55 36,790.24 21,563.25 112,387,02 81,700.00 47,089.71 80,339.03 162,640.56 908.07 7,355.94 15,188.32 4.422.05 570,384.19 607,507.74 -116.341.59 265,452.11 149,110,52 756.618.26 Revenue Construction Uncategorized Income Total Revenue Cost of Goods Sold Total Cost of Goods Sold Gross Profit Operating Expenses Advertising Automobile Expense Bank Service Charges Cell phone Certifications Concrete Concrete-blocks Employee-safety items Equipment Rental Erosion control materials Fuel Hauling-Equipment L./auling-material Insurance Interest Expense Job Materials Licenses and Permits Lumber Maintance-a uto&equipment Miscellaneous Office Supplies Payroll Expenses Professional Fees Repairs Sanitation Septic tank materials Silt Fence Steel Subcontractors Taxes Tools and Machinery Travel & Ent Uncategorized Expenses Total Operating Expenses Operating Income (Loss) Other Income Other Income Total Other Income Other Expenses Other Expenses Total Other Expenses CBH Construction, LLC INCOME STATEMENT Ten Months Ended October 31, 2007 $ S $ s $ $ $ s Income (Loss) Before Income Taxes s s Net Income (Loss) $ See Accountants' Compilation Report 1 621,088.81 103,385.69 724,47450 0.00 724,47450 2,923.79 3,336.32 66700 5,870.70 802.32 34,100.68 5,86408 822.99 37,017.84 29,312.88 25,613.32 5,670.00 19,840.00 27,863.84 17,383.58 26,666.74 739.20 43458 9,773.12 849.70 454.22 90,502.57 11,350.00 10,040.74 1,146.12 4,842.15 962.50 11.568.24 75,098.00 5,899.83 2,955.38 1,83608 12,141.43 484,349.94 240.124.56 25.023.00 25,023,00 -304.55 -304.55 265,45211 265,452.11 Abacare Land Design Dr George Snelling Hl!\IO Construction, LLC .\like Gavalas Prilll'e Grading Quality Storm Water Solutions TOT..\!. CBH Construction, LLC AIR Aging Summary As of October 31, 2007 CIIITent J - 30 31 - 60 61 - 90 >90 TOTAL 0.00 0.00 0.00 0.00 1.900.00 1.900.00 0.00 0.00 0.00 0.00 8.075,00 8.(m.00 000 15.963.09 0.00 000 000 15.963.09 000 0.00 0.00 0.00 400.00 400.00 0.00 0.00 26.849.30 0.00 7.000.00 33.84930 0.00 0.00 000 000 500.00 500.00 0.00 15,963.09 26,84<J.30 0.00 17.875.00 60,687.39 For .\lanagement Purposes Onl) SECTION P PROPOSAL ~~7~g I ~ Date: Gentlemen: . In compliance wiIh your invitation for bids daled ,;2/'& 'i , 2008, tbe undersigned hereby proposed to furnish all labor, equipment, and materials, and to perform all work for the installation of roadway improvements, and appurtenances referred to herein as: STORM PIPE REPLACEMENT - GOOD NEWS CHURCH PROJECT NUMBER: 322-04-206822001 In strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached hereto and toUj.ling: &' U (); )(77 O,'Jt? 7/-/-n.-tS/.lA!D ~ ,..)Evr;.l\//7 NINe POLiJlri-5 '7 '-;;;z~ , ( DOLLARS ($ .,/ / " "7 C::::;:' 0 0 U) I c.. t. ) 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 guar~ntees required by the Contract Documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within lQ calendar clays after the date of written notice to proceed, and that he will complete the work within 30 calendar days. The undersigned acknowledges receipt of the following addenda: Addendum Number: f)'vOC/\JOt-vv! '1% ( AddiidU. m Date: 9- 22/0~ . Re~ectfully submitted: {/ JtJ /( C (,'/\1.;'7 i! it c: 7/ c/v (Name of Firm) , {'?6 ;/F.(/../[S; f!iOC:~{: i)/l, r1 ;:;oU/l!'C~i (; /) 5"!i'ltJ 2 (Busines~Address), , II i / <' / By: L/; t! r;>-l "17 L- [:',"1 AJ j Title: C:'ONt€. P - 1 Engineering Department Storm Pipe Replacement - Good News Church --, STORM PIPE REPLACEMENT - GOOD NEWS CHURCH PROJECT NUMBER: 322-04-206822001 I 000-0000 ASPHALT PATCH TN 39 /(0, (t' C ;)r-;t/r: to 0 000-0000 ASPHALT OVERLAY TN 169 '/a '10 /1 'lLl'7,& " I I -=) 2'--0 <S;LS- D I Dc...:' 000-0000 DEMOLITION LS '- .) , ()"; 0..:/ 001-1000 FORCE ACCOUNT LS /0; OC.1 D, Ie; (y.) () 500017 SOO, {;, e- 1150-1000 LS / ~ 90 ~C> /5"tJO ( b~ 207-0203 BACKFILL MA TERrAL CY 788 ~ 0, '" ~) 301-5000 PORTLAND CEMENT CONC, , CLASS A CY 87 0< kf!J?f 550-1300 LF 415 55,:;2 :<% 285. 8'0 cJ. C' 0 O. C' (> 550-4236 FLARED END SECTION 36" SLOPED DRAIN EA 0.00 {J, C)c' 603-2012 STN, DUMPED RlPRAP,TP1, 12 IN SY 70 668-1100 CATCH BASIN, GP 1 EA 500(;" ~6D. <> D 3;)00. .(.1) {, L./ co, to 668-4300 STORM SEWER MANHOLE EA 2 P-2 Engineering Department Storm Pipe Replacement - Good News Church LUMP SUM CONSTRUCTION STORM PIPE REPLACEMENT - GOOD NEWS CHURCH PROJECT NUMBER: 322-04-206822001 (.,0 NOTE: List all Lump Sum Construction items in detail with associated costs. F AlLURE TO PROVIDE THIS BREADKDOWN MAY DISOUALITY THE BID. fJ/:;-"]V) 0 1.-/ i>o/J - fA tJ /N ~ i EY 15'11/116- prf'E, ul./:>i{ 1771 /3'--E i--lt--LI 2 FotZ CE It {l c.ot[./J7-'- E !2-PS/OH t.:Nv' l;e.,?l; i7[t.11 t( S -7if.::. /IlIS r {)oll1PAt} "7 1f.?AJ Tt?575' 3 7;?!/-JrC;:I<!.' (WYJvF7!.t?L - 1S1l/2/2 G"L5 51?NS' , 4 5 6 7 8 9 10 11 12 13 14 15 16 ~ c' u $ -, 2S"iJr /0 l;L,' 0 , I!:' l> $ / $ 500, t>v $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL LUMP SUM AMOUNT $ /3, '7~Ot , Use additional sheets if needed. P-5-A Engineering Dept Storm Pipe Replacement - Good News Church GENERAL NOTES ADJUSTING MINOR STRUCTURES TO GRADE: This item consists of raising or lowering the upper portion of existing manholes, water valve boxes, gas valve boxes or any other miscellaneous structures within the area of construction. There will be no separate payment for this work unless shown as a separate pay item. *Prior to any resurfacing the contractor shall identify and reference all structures so the precise locations can be determined after resurfacing. This shall be done in the company of the ARC Inspector. This shall be the first order of work where minor structures requiring adjustment are included in the contract. 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 sub grade. 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 Subsection 815.01 Coarse Aggregate Size467 Subsection 800.01 Stabilizer Aggregate Type 1 or 2 Section 803 Crushed Stone Subsection 806.02 All materials to be used as directed by the Engineer. AS-BUILT PLANS: The Contractor shall furnish a complete, legible set of "as-built" plans, in good condition, to the Project Inspector prior to 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. After the Project Inspector approves and signs the redlined plans, a qualified engineering firm, selected by the contractor, shall make arrangements to obtain the original approved plans from the Engineering Department Office. After originals have "as built" information incorporated, they shall be stamped and signed on the cover sheet by a Georgia Registered Professional Engineer and returned to the Project Inspector for final processing. The Project Inspector shall sign the as-builtsand place them in the permanent record files. There will be no separate payment unless otherwise shown. CASINGS: All steel casings being installed across any roadway and/or right-of-way shall have the joints continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when welds are ready for inspection. Welded casings backfilled without the Engineer's approval shall be uncovered for inspection at the Engineer's request. COMPACTION: All compaction shall be as defined in the current edition of Georgia department of Transportation Specifications. Special attention shall be given to the backfill of minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using G - 1 approved tamps and soil layers of approximately 6 inches (loose measure) and in accordance with Georgia Department of Transportation Standards 1030-D and 1401. Backfilling operations of this nature shall not begin until the Contractor has on hand all equipment in good working condition, and competent operators. The backfilling of pipe and other minor structures shall be in accordance with Georgia Department of Transportation Standard specifications, Current Edition. Backfilling with sand using jetting and/or flooding will not be allowed in any case without the written permission of the Engineer. NOTE: When sand and jetting/flooding method is used the warranty for the backfilled area is extended from 12 months to 24 months. A plan for the jetting/flooding shall be submitted at the Pre-Construction Conference. 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. NOTE: No concrete shall be placed until all required equipment such as slump cone, curing compound and dispensor, etc., all in good working condition, are on the site. Inspectors must be given a minimum one-hour advance notice. No concrete shall be placed without the Inspector present unless otherwise directed by the Engineer. All concrete shall be placed during the Inspectors normal working hours, 8:30 a.m. to 5:00 p.m. unless otherwise directed by the Engineer. Formed surfaces shall receive finish immediately after removing forms. Forms shall be removed as provided in Section 500 of GA.DOT Specifications. 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 unless otherwise noted. 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 super-elevated curves. The Contractor should use caution with standard variance and place special emphasis on hydraulic considerations. G - 2 Engineering Dept Storm Pipe Replacement - Good News Church Engineering Dept Storm Pipe Replacement - Good News Church The Contractor shall provide borrow andlor waste pits for this project. All pits acquired for use on this project shall be reclaimed in accordance with Subsection 107.23 and Section 160 of the Standard Specifications and page PPA-1 of this document. All storm drain pipe, side drain pipe, pipe culvert wing-walls, 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 on 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 cut ramps in accordance with Standard 9031- Ware to be used at all street intersections on this project. Asphalt milling where specified for use on existing pavement that is to be resurfaced adjacent to curb and gutter. Finished surface on asphalt pavement shall not exceed J;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. CONSTRUCTIONIUTILITY SCHEDULE: The contractor shall prepare an overall Time-Logic Schedule that includes all major utility relocations, proposed utilities, and construction activities. A detail schedule for utility relocations from all utility companies shall be submitted to the contractor prior to the PreConstruction meeting. The Contractor shall present this schedule at the Preconstruction meeting for discussion. The schedule shall consist of the following: 1. The noted Responsible Agency for each activity (e.g., Contractor, Sub-Contractor, Utility Company) 2. The ES-Early Start, EF-Early Finish, LS-Late Start, and LF-Late Finish dates. 3. The Project Critical Path. 4. Activity Durations. After the Preconstruction meeting, the Contractor shall provide a revised schedule with all issues and concerns addressed. The revised Time-Logic Schedule shall be color coded with respect to responsibility, and shall be presented on D size paper (24" x 36") The schedule shall be updated on a monthly basis displaying percentage of completion of all activities. The project baseline and current date line shall appear on all updates. The schedule shall be presented using Microsoft Project, Primavera softwares. G - 3 I- U I.LJ ...., o 0:: 0.. I- Z I.LJ :E I.LJ > o 0:: 0.. :E ~'" t:p - ~"'5 C 0" <{ ;!i o 0:: N >- X <0 P D ~ U. "<0 ~9 ~ c , ~ 0" ~ '" p u ~ o '" p > o Z ;; '-J ~ p :--, , f4l :-* ~ .... ~ 1: ~.u. >- ~ ~ ~ ~ ~ ~ ~ ~ 1: ~ 'C tI c: ~ u. ~ u. .: ~ ~.~ S ~ '" ~ .=. ..... '" on '" Ii2 11 Ii2 ~ ~ ~ ~ ~ ~ .g -a oS ~ ;:; = o ? ~ ~ ~ ~ S! :il ,; !! !! !! cn~~~ ~ ~ ? ~? ~ ~ ~ ~ ~ ~ ~ ,; !! !! ~ !! ~ g ~ ~ ~ ~ ~~. ~ B B g ~ ~ I I .~ r g g ~ ~ ~ ctlD.c:S.o +6 ~~c W g ~ ~ ~ ~ ~ ~ g ~ g ~ ~ ~ ~ : r r , r ~ g g ~ g ~ I I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.~ ~ ; ~ ~ 0 0 0 0 ~ ~ ~ ~ ~ J tt tt tt :;; U ~ 5 ~ ~~ ~- ~u 00 r: ;; .. '" .., ~ on p " . III '" p ~ o , <( ~t ~ '" p ~ ::!: ~ ~.~ ~ a ~ ;::: ~ Lf ~ ~ ~ ~ ~ ~ ~ en ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ;;; a ~ ~ ~ ~ e~~~~~ 1: ;a ~ iii ;:: ;;; a ~-c;rJ:;f;rLf ~ ~ ~ ~ ;:: ;:: a; a ~ if ~ if if ;t if .~ E i ~ 0 0 .3 ., ~ ~ ~ ~ {l{l.a~ ~ ~ ~ ~ M ~ ~.~ ~ . .a{l{l~{l~ ~ ~ ~ M == :: ~ ~ o 0 N .. '" E . z ~ . >- o "'> ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ N re re g ~ ~ ~ ~ ~ ~ ~ ~ ~ s ; 9 .- N l"1 ..,. an r.o ~ ~ o 0 N ... ~ ~ ~ ~ li ;a 'C 1: 'C U. U. U. ~ ~. <0 ~ S ~ ~ ~ g 5 ~ ~ ::I ~ ~ ~ ~ . ~ ~ ~ ~ .a~.i~.g~i3 ~ ~.~ co co ~ In 6" ~ ~ ~ oS ~ ~ ~ " € ~ N ~ ;;: . ~ t: :5 ~ .s N ;;: :( ~ ~ :5 :5 ~ ~ E E ~ ~ ~ N ~ ~ ~ .9 8 ? 6 ~ ~ l.. ~"" ~ ~ r~ ~ ~ ~ ~ ~ ~ ~ ~ ? ~ S! :il ti tV u; Ci5 g .s ? ? o 0 N ... ~ ~ ~ ~ ~ <0 iii ;;; ;;j il ;:j ! ~ ~ Lt i ~ ~ . ~ l!. " ~ ~ .s 't:l 1:) ~ ~ ~ ? ? '" :il ~ .!! iii ~ .s 8 ~ + '" o N ~ ~ ,; ~ (I) U) U5 en ~ ~ ~ ~ ~ ~ ~ ~ .~ .~ 'f: -c o 0 0 0 "0 " 't:l '0 c: c: c: c: l"lI "' ~ nl << ~ ~ ~ ~ ~. ~888~ U)~. :>........:s~n; ~-e-e-e-e<~~ ~ <3 8 8 8 ~ ~ ~ :> 0 o Iii l.ll "" .. <D 11 Ii2 s; ~ ~ ~ ~ ~ i ~ ~ . '" ~ ~ ~ ? r-- ~ ~ ~ ~ ~ {l "0 {l {l "0 f& ~ ~ ~ ~ ? ~ ? ? ~ ~ ~ ~ !! !! ~ .!! U) en '" en g S .9 .9 ~ ? ? ? o 0 ~ ;; ,; .!! !! en en U) ~ g- 'S: 'S: ~ ~ 0. 0. '" c: ~'> z 11. ~ Co. ~ .I ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~~ u:.c:~c:g8~ ~ ~ ! ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Il 11 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~- ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ {l ,., ,., . ~ . ~ i ~ i ~ o 0 It) W"l . >- >- ~ . "0 ." ~ N ~ i ~ " - " o 0 " o ~ o ~' + 0. S\ z. soil g G.Q~oguC ... 0. W U ~ ~~~~~ ri ~ ~ ~ E B ~ b '" ~ ~ ~ g ~ ~ 9 ~ 0 ~ w r ! ~ ! ~ ~ 1 ~ ~ ~ ~ ~ 11. i ~ ~ ~ ~ 0. ~ ~ 8 ~ ~ U) ~ () u: w ~ . .. ;; . . o [11 I' .1 . I] t:~ t!J . ~ ~ ~ :ti ~ ~ ~ ~ ~ ~ ii i ~ l J[ 8 z 0" l.I) i=~ ~ g~ ~ g:~ It V).J.. ~ ~ ~ ~~ ~ ~ ~ oC ~ ~ ~ ~ I ~ ~ Q. .!! Vl ~ . ~ ~ .5 .s; c: ~ ~ l . ~ ~ 1Il 1Il 1Il I I ~ e ~ 0. ~ 0. ~ {!. tI') {! ~ I " " ~ 0. .3 '" Ii. .~ ~ 1: :c u u i ti ~' n S S ~'''' ~~ ~~ "f'; '~$ li.il Engineering Dept Storm Pipe Replacement - Good News Church 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. ENGINEER: In all contract documents, specifications, supporting documents, etc., the term "ENGINEER" means, and shall be deemed to mean, the Augusta-Richmond County Engineering Department Director or his/her designated representative. 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 Lump Sum Construction 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 Sub-Section 107.23 of the Specifications and in accordance with page PP A-I. FENCE: All new fences 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 its 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 Fla22ers shall meet the requirement of part 6F of the MUTCD Current Edition 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 G - 5 Engineering Dept Storm Pipe Replacement - Good News Church 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 Current Edition for controlling traffic. The Stop/slow paddle shall have a shaft length of seven (7) feet minimum. In addition to the stop/slow paddle, a Flagger may use a 24-inch square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. Signs for Flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTCD Current Edition. 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 I shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications. No separate payment will be made for this material or its placement. FOUNDATION BACKFILL MATERIAL. TYPE II: Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured for payment in accordance with Georgia Standard 1030-D or as directed by the Engineer. Payment shall be per cubic yard unless otherwise specified in the contract. GRADES: With the approval of the Engineer, grades may be field adjusted to provide for best drainage. 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. INSPECTIONS: This project will be inspected by the Engineer or his Representative. LANDSCAPING: All the requirements of Section 702 of the Georgia Department of Transportation Specifications, current edition, are applicable to this project except as follows: there will be no separate pay for staking, including Perimeter Staking and for Spring Application of Fertilizer. All costs shall be included in prices bid for Landscape Items. Bag grown plants are not acceptable. MAILBOXES: Existing mailboxes that are in conflict with the proposed construction shall be removed and relocated. Where feasible the existing mailboxes and supports may be utilized as approved by G - 6 the Engineer so long as the supports are of metal PIPE with a maximum diameter of two (2) inches or wood, with a maximum diameter of four (4) inches. NOTE: There shall be no supports of any material other than the two mentioned above. All existing mailboxes and supports containing brick, masonry of any type, metal, etc. shall be disassembled and all components, not meeting the above requirements, shall be removed from the project and disposed in a proper manner. When not shown as a pay item, payment shall be included in the price bid for Lump Sum Construction and itemized as such. 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. The Contractor shall install the manhole rings and covers such that the steps can be easily accessed. NORMAL WORKING HOURS: The normal working hours for ARC Inspectors are from 8:30 AM to 5:00 PM. When the contractor elects to work outside these hours he shall be billed for the Inspectors salary plus benefits unless such work is initiated by the Owner. The contractor may utilize a certified testing company in lieu of the ARC Inspector when approved by the Engineer. Payment for the contractor's testing company will be the responsibility of the contractor. (See article below on TESTING. PATCHING AND REPAIR OF MINOR DEFECTS: Where needed, the contractor is required to patch and repair existing potholes, minor pavement defects, and base failures in accordance with the Specifications. PAVEMENT CUTS: All pavement cuts shall be sawed with a neat vertical edge, regardless of material, consistently straight enough that a roller can follow the edge precisely to achieve the desired compaction. Irregular edges will not be accepted. Payment shall be included in the price of the pipe. 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). PIPE CULVERTS: Unless otherwise noted, all storm drain, longitudinal and stub pipes are to be reinforced concrete. All required pipe culverts shall be in accordance with Standard 1030-D. G -7 Engineering Dept Storm Pipe Replacement - Good News Church Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate pay item will be made for this material for its placement. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement, sidewalk, curbing, etc., and replacing same as specified in accordance with Standard 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete and for construction 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. RELOCATED WATER METERS: Relocated water meters and water meter boxes may not be placed in the sidewalk. REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD: It shall be the contractor's responsibility to remove and reset any and all existing ornamental shrubs and bushes and sod in conflict with proposed construction. Coordination with the property owners is essential in this endeavor. The Contractor will not be held responsible for care and maintenance after removing and resetting these plants and sod except in cases where the Contractor's equipment causes irreparable damage or where plants and/or sod dies as the result of negligence on the Contractor's part. In which cases, the Contractor will be held responsible for replacement. Sod shall be reset with ground preparation in accordance with Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall remove the sod in a manner that will be conducive to insuring that the reset sod will live. At the Contractor's option, he may replace any sod he removes with new sod of the same type. No separate payment will be made for this work or replacements unless specifically shown as a pay item. REMOVING AND RESETTING OF OBSTRUCTIONS: It shall be the Contractor's responsibility to remove and reset any and all obstructions, such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns, etc., which are in conflict with construction. Contractors are responsible for the security of pets and/or personal property through the use of temporary fence if necessary. No separate payment will be made for this work except when shown as a separate pay item. RIGHT-OF-WAY AND EASEMENTS: The Contractor shall not perform any work outside the limits of the right-of-way or easements. In addition, no equipment or material shall be placed outside these areas without written permission of both the property owner and the Engineer. In the event that the Contractor elects to utilize private property for any purpose connected with the project, such as, but not limited to, staging areas, equipment and/or material storage or simply as a convenience, he shall submit a written 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 G - 8 Engineering Dept Storm Pipe Replacement - Good News Church Engineering Dept Storm Pipe Replacement - Good News Church 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. All buildings located on newly acquired R/W and/or easements shall be relocated by the Contractor. Such buildings on existing R/W and/or easements shall be removed by the owner or will become the property of the Contractor. 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. Unless specifically noted this does not apply to pipe trenches. SOD: Sod will not be paid for separately when used to match or replace sod on adjacent lawns as replacement in kind. See GDOT specifications, subsection 700.04 E. SPECIAL EVENTS: When Special Events occur, such as the Augusta Masters Golf Tournament, all work shall be safed up, shut down and maintained until the Engineer okays the resumption of work. No project is exempt without the expressed approval of the Engineer. If these type work stoppages impose a hardship, contract time wise, consideration will be given to extending the contract time in an amount commensurate with the delay caused by such work stoppages provided the Contractor has otherwise pursued the work diligently. SPECIFICATIONS. STANDARDS AND OTHER DATA: All references in this document, (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 means, and shall be deemed to mean, Augusta-Richmond County, Augusta-Richmond County Commission-Council Department of Engineering Services. The data, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, are not guaranteed, and do not bind Augusta-Richmond County, Georgia in any way. Only the actual quantities completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract. G - 9 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. SPENDOUT SCHEDULE: A SpendoutSchedule beginning with the Notice to Proceed and extending through the anticipated construction life of the project, shall be submitted at the Pre-Construction Conference. Such schedule shall include the anticipated earnings on a monthly basis. STORM DRAIN PIPE: Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete and shall include O-ring gaskets. SUB-CONTRACTORS: The Contractor shall furnish the official name, plus the name and telephone number of the 24- hour emergency contact of all firms he proposes to use as Subcontractors in the work. This information is to be furnished at the Preconstruction Conference. However, no work shall be done on this project by a Subcontractor until the Contractor receives approval of his Subcontractor(s) from the Engineer. NOTE: All submissions shall include the following information for each Subcontractor: 1) Name of Subcontracting Firm 2) Description of Work To Be Done 3) Contact Person's Name and 24 Hour Phone Number 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 MA Y ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF THE WORK. 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. TEST ROLLING: Prior to placing any base course, the sub grade 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. G - 10 Engineering Dept Stonn Pipe Replacement - Good News Church The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard Specifications regarding barricades, danger, warning, and detour signs. All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction of this project shall meet all requirements of the M.U.T.C.D., current edition, as directed by the Engineer and be 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. 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. TRAFFIC DETOURS: Where detours are required and in accordance with Section 150 of the Standard Specifications and any Supplements thereto, the Contractor shall file for approval a detour plan of operation for this project. This plan shall include details of staging and rerouting of traffic including estimated length of time for use of the detours. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic upon and along the roadway. 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. UTILITIES: All utility facilities except those owned by Augusta Utilities Department which are in conflict with construction, not covered as specified items in the detailed estimate, are to be removed and relocated to clear construction by the respective owners with the exception of Augusta Utilities and Augusta Traffic Engineering unless added later to the contract as a supplemental item. All "above ground" utility structures will be located asnear as possible to the right-of-way line. The Contractor will not be paid for any delays or extra expense caused by utility facilities obstructions or any other items not being removed or relocated to clear construction in advance of his work. All known utility facilities are shown schematically on the plans, and not necessarily accurate in location as to plan or elevation. Utility facilities such as service lines or unknown facilities not shown on the plans will not relieve the Contractor of his responsibility under this requirement G - 11 Engineering Dept Storm Pipe Replacement - Good News Church Engineering Dept Storm Pipe Replacement - Good News Church 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 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 execution 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 except Augusta Utilities and Augusta Traffic Engineering will be handled by the utility owner. G - 12 THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS: . (Contacts revised July 12,2007) Atlanta Gas Light Company 1840 Wylds Road Augusta, GA 30913 Phone: (706) 481-1452 Fax: (706) 481 -1495 Attn: Carl Corley Bell South 3841 Wrightsboro Road Augusta, GA 30909 Phone: (706) 228 -5203 Fax: (706) 855-1917 Attn: Austin Sapp Knology of Augusta 3714 Wheeler Road Augusta, GA 30909 Phone: (706) 364-1015 Fax: (706) 364-1011 Attn: Richard Strength Comcast Communications P.O. Box 3579 Augusta, GA 30904 Phone: (706) 739 -1865 Fax: (706) 733 - 6942 Attn: Kevin O'Meara G - 13 Augusta Richmond County Utilities 360 Bay Street, Suite 180 Augusta, GA 30901 Phone: (706) 312-4132 Fax: (706) 312-4133 Attn: Russell Thies Georgia Power 290 North Peachtree Street P.O. Box 188 Lincolnton, GA 30817 (706) 836-0130 (706) 359-6115 Attn: Mr. Al Danner Jefferson Energy Cooperative P.O. Box 457 Wrens, GA 30833 Phone: (706)547-5019 Fax: (706) 547-5051 Attn: Mike Wasden KMC Telephones (706) 821 -2522 Attn: Dennis Norviel Engineering Dept Storm Pipe Replacement - Good News Church 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. WARRANTY: Unless otherwise specified, all contract work is subject to a 12-month warranty. The 12-month warranty is hereby modified to include the following: Any repairs, corrections or modifications performed within the last six months of the original 12-month warranty shall have the original 12-month warranty extended 180 calendar days past the date of such repairs, corrections or modifications. G - 14 Engineering Dept Storm Pipe Replacement - Good News Church t'lrst Use January 4, 2UUU Page 1 of 54 Rev. July I, 2003 April 15) 2004 October 11,2005 October 25, 2005 February 10, 2006 April 20, 2006 May 8, 2007 September 18) 2007 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA' SPECIAL PROVISION Section 150- Traffic Control Add the following: 150.01 GENERAL This section as supplemented by the Plans, Specifications, and Manual on Uniform Traffic Control Devices (MUTCD) shall be considered the Temporary Traffic Control (TIC) Plan. Activities shall consist of furnishing, installing, maintaining, and removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic control devices and shall include flagging and other means for guidance and protection of vehicular and pedestrian traffic through the Work Zone. This Work shall include both maintaining existing devices and installing additional devices as necessary in construction work zones. When any provisions of this Specification or the Plans do not meet the minimum requirements of the MUTCD, the MUTCD shall control. The 2003 Edition of the MUTCD shall be in effect for the duration of the project. The Worksite Traffic Control Supervisor (WTCS) shall have a copy of Part VI of the MUTeD on the job site. Copies of the current MUTCD may be obtained from the FHWA web page at http://mutcd.fhwa.dot.gov. A. WORKER SAFETY APPAREL All workers exposed to the risks of moving roadway traffic or construction equipment shall wear high-visibility safety apparel meeting the requirements of International Safety Equipment Association (ISEA) American National Standard for High-Visibility Safety Apparel, or equivalent revisions, and labeled as ANSI-2004 Class 2 or 3 risk exposure. B. WORKSITE TRAFFIC CONTROL SUPERVISOR ALL HIGHWAYS (ADDITIONAL REQUIREMENTS BELOW FOR INTERSTATES): The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor (WTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices in accordance with the Plans, Specifications, Special Provisions and the MUTCD. A written resume documenting the experience and credentials of the WTCS shall be submitted and accepted by the Engineer prior to beginning any work that involves traffic control. The WTCS shall be available on a twenty-four (24) hour basis to perform his duties. If the work requires traffic control activities to be performed during the daylight and nighttime hours it http://tomcat2.dot. state.ga. us/thesource/pdf/special yrovisions/shelf/sp 150 .html 121712007 First Use January 4, 2000 Page 2 of 54 may be necessary for the Contractor to designate an alternate WTCS. An alternate WTCS must meet the same requirements and qualifications as the primary WTCS and be accepted by the Engineer prior to beginning any traffic control duties. The Worksite Traffic Control Supervisor's traffic control responsibilities shall have priority over all other assigned duties. As the representative of the Contractor, the WTCS shall have full authority to act on behalf of the Contractor in administering the TIC Plan. The WTCS shall have appropriate training in safe traffic control practices in accordance with Part VI of the MUTCD. In addition to the WTCS all other individuals making decisions regarding traffic control shall meet the training requirements of the Part VI of the MUTCD. The WTCS shall supervise the initial installation of traffic control devices. The Engineer prior to the beginning of construction will review the initial installation. Modifications to traffic control devices as required by sequence of operations or staged construction shall be reviewed by the WTCS. The WTCS shall be available on a full-time basis to maintain traffic control devices with access to all personnel, materials, and equipment necessary to respond effectively to an emergency situation within forty-five (45) minutes of notification of the emergency. The WTCS shall regularly perform inspections to ensure that traffic control is maintained. Unless modified by the special conditions or by the Engineer, routine deficiencies shall be corrected within a twenty-four (24) hour period. Failure to comply with these provisions shall be grounds for dismissal from the duties of WTCS and/or removal of the WTCS from the project. Failure of the WTCS to execute his duties shall be considered as non- performance under Subsection 150.08. The Engineer will periodically review the work for compliance with the requirements of the TIC plan. On projects where traffic control duties will not require full time supervision, the Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as satisfactory results are obtained. CERTIFIED WORKSITE TRAFFIC CONTROL SUPERVISOR ADDITIONAL REQUIREMENTS FOR INTERSTATE AND LIMITED ACCESS HIGHWAYS:. In addition to the requirements above, the WTCS shall have a minimum of one year's experience directly related to work site traffic control in a supervisory or responsible capacity. The WTCS shall be currently certified by the American Traffic Safety Services Association (ATSSA) Work Site Traffic Supervisor Certification program or the National Safety Council Certification program. Any work performed on the interstate or limited access highway right-of-way that requires traffic control shall be supervised by the Certified Worksite Traffic Control Supervisor. No work requiring traffic control shall be performed unless the certified WTCS is on the worksite. Failure to maintain a Certified Worksite Traffic Control Supervisor on the work will be considered as non-performance under Subsection 150.08. The WTCS shall perform, as a minimum, weekly traffic control inspections on all interstate and limited access highways. The inspection shall be reported to the Engineer on a TC-1 report. The Engineer will furnish a blank copy of the TC-1 report to the Contractor prior to the beginning of any work on the interstate or limited access right-of-way. C. TRAFFIC CONTROL DEVICES http://tomcat2.dot. state.ga. us/thesource/pdf/special--'provisions/shelf/sp 150 .html 12/7 12007 http://tomcat2.dot.state.ga.us/thesource/pdf/specialyrovisions/shelf/spI50.html 12/7 12007 First Use January 4, 2000 Page 3 of 54 All traffic control devices used during the construction of a project shall meet the Standards utilized in the MUTCD, and shall comply with the requirements of these Specifications, Project Plans, and Special Provisions. All devices shall be tested at NCHRP Test Level III. Reference is made to Subsections 104.05, 107.07, and 107.09. D. REFLECTORIZATION REQUIREMENTS All rigid fluorescent orange construction warning signs (black on fluorescent orange) shall meet the reflectorization and color requirements of ASTM Type VII, VIII, IX or X regardless of the mounting height. Portable signs which have flexible sign blanks shall meet the reflectorization and color requirements of ASTM Type VI. Warning signs (W3-1a) for stop conditions that have rumble strips located in the travel way shall be reflectorized with ASTM Type IX fluorescent yellow sheeting. All other signs shall meet the requirements of ASTM Type III or IV except for "Pass With Care" and "Do Not Pass" signs which may be ASTM Type I unless otherwise specified. CHANNELIZATION DEVICES: Channelization devices shall meet the requirements of ASTM Type III or IV high intensity sheeting. E. IMPLEMENTATION REQUIREMENTS No work shall be started on any project phase until the appropriate traffic control devices have been placed in accordance with the Project requirements. Changes to traffic flow shall not commence unless all labor, materials, and eqUipment necessary to make the changes are available on the Project. When any shift or change is made to the location of traffic or to the flow patterns of traffic, the permanent safety features shall be installed and fully operational before making the change. If staging or site conditions prevent the installation of permanent features then the equivalent interim devices shall be utilized. Any section of the work that is on new location shall have all permanent safety features installed and fully operational before the work is opened to traffic. Safety features shall include but are not limited to the following items: 1. Guardrail including anchors and delineation 2. Impact attenuators 3. Traffic signals 4. Warning devices 5. Pavement markings including words, symbols, stop bars, and crosswalks 6. Roadway signs including regulatory, warning, and guide Outdoor lighting shall be considered as a safety feature for welcome centers, rest areas, and weigh station projects. For typical roadway type projects new street lighting is not considered a safety feature unless specifically noted in the plans or in the special conditions. F. MAINTENANCE OF TRAFFIC CONTROL DEVICES First Use January 4, 2000 Page 4 of 54 Traffic control devices shall be in acceptable condition when first erected on the project and shall be maintained in accordance with Subsection 104.05 throughout the construction period. All unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic control devices shall be removed, placed or covered so as not to be visible to traffic. All construction warning signs shall be removed within seven calendar days after time charges are stopped or pay items are complete. If traffic control devices are left in place for more than ten days after completion of the Work, the Department shall have the right to remove such devices, claim possession thereof, and deduct the cost of such removal from any monies due, or which may become due, the Contractor. G. TRAFFIC INTERRUPTION RESTRICTIONS The Department reserves the right to restrict construction operations when, in the opinion of the Engineer, the continuance of the Work would seriously hinder traffic flow, be needlessly disruptive or unnecessarily inconvenience the traveling public. The Contractor shall suspend and/or reschedule any work when the Engineer deems that conditions are unfavorable for continuing the Work. Advanced notification requirements to the Contractor to suspend work will be according to the events and the time restrictions outlined below: Incident management No advanced notice required Threatening/Inclement weather 24 hours Holidays. sporting events, unfavorable conditions Three (3) calendar days If the work is suspended, the Contractor may submit a request for additional contract time as allowed under Section 108. The Department will review the request and may grant additional contract time as justified by the impact to the Contractor's schedule. Compensation for loss of productivity, rescheduling of crews, rental of equipment or delays to the Contractor's schedule will not be considered for payment. Additional contract time will be the only consideration granted to the Contractor. H. SEQUENCE OF OPERATIONS Any Sequence of Operations provided in this Contract in conjunction with any staging details which may be shown in the plans, is a suggested sequence for performing the Work. It is intended as a general staging plan for the orderly execution of the work while minimizing the impact on the mainline, cross-streets and side streets. The Contractor shall develop detailed staging and temporary traffic control plans for performing specific areas of the Work including but not limited to all traffic shifts, detours, bridge widenings, paces, or other activities that disrupt traffic flow. The Engineer may require detailed staging and TIC plans for lane closures. These plans shall be submitted for approval at least two weeks prior to the scheduled date of the activity. Activities that have not been approved at least seven (7) days prior to the scheduled date shall be rescheduled. Where traffic is permitted through the work area under stage construction, the Contractor may choose to construct, at no additional expense to the Department, temporary on-site bypasses or detours in order to expedite the work. Plans for such temporary bypasses or http://tomcat2.dot.state.ga. us/thesource/pdf/ special-provisions/shelf/sp 150 .html 12/7/2007 .t'lrst use January 4, :.WUU Page) ot S4 detours shall be submitted to the Engineer for review and approval 30 calendar days prior to the proposed construction. Such bypasses or detours shall be removed promptly when in the opinion of the Engineer; they are not longer necessary for the satisfactory progress of the Work. Bypasses and detours shall meet the minimum requirements of Subsection 150.02.8.4. As an option to the Sequence of Operations in the Contract, the Contractor may submit an alternative Sequence of Operations for review and approval. The Department may consider the Contractor's alternate Sequence of Operations as a Value Engineering Proposal as defined by Subsection 104.08. A twenty calendar day lead time for the Department's review shall be given to this submission so that a decision on its acceptability can be made and presented at the Preconstruction Conference. Insufficient lead time or no submission by the Contractor shall be construed as acceptance of the Sequence of Operations outlined in the Contract and the willingness of the Contractor to execute this as-bid plan. The Department will not pay, or in any way reimburse the Contractor for claims arising from the Contractor's inability to perform the Work in accordance with the Sequence of Operations provided in the Contract or from an approved Contractor alternate. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation, sequence of work and methods of providing for the safe passage of vehicular and pedestrian traffic before it is placed in operation. The proposed plan of operation shall supplement the approved traffic control plan. Any major changes to the approved TIC plan, proposed by the Contractor, shall be submitted to the Department for approval. Some additional traffic control details will be required prior to any major shifts or changes in traffic. The traffic control details shall include, but not be limited to, the following: 1. A detailed drawing showing traffic locations and laneage for each step of the change. 2. The location, size, and message of all signs required by the MUTCD, Plan, Special Provisions, and other signs as required to fit conditions. Any portable changeable message signs used shall be included in the details. 3. The method to be used in, and the limits of, the obliteration of conflicting lines and markings. 4. Type, location, and extent of new lines and markings. 5. Horizontal and vertical alignment and superelevation rates for detours, including cross- section and profile grades along each edge of existing pavement. 6. Drainage details for temporary and permanent alignments. 7. Location, length, and/or spacing of channelization and protective devices (temporary barrier, guardrail, barricades, etc.) 8. Starting time, duration and date of planned change. 9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing workforce, materials, and equipment necessary to accomplish the proposed work. This will be the minimum resource allocation required in order to start the work. http://tomcat2.dot.state.ga. us/thesource/pdf/special-yrovisions/shelf/sp 150 .html 12/7/2007 http://tomcat2.dot. state.ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html 12/7 /2007 t1rst use January 4, lUUU page b ot )4 A minimum of three copies of the above details shall be submitted to the Engineer for approval at least 14 days prior to the anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has been approved by the Engineer prior to commencement of the physical shift. All preparatory work relative to the traffic shift, which does not interfere with traffic, shall be accomplished prior to the designated starting time. The Engineer and the Contractor's representative will verify that all conditions have been met prior to the Contractor obtaining materials for the actual traffic shift. I. COMPLIANCE DATES FOR PROVISIONS OF THE MUTCD: Federal law requires that traffic control devices (temporary or permanent) installed on new highway or bikeway construction or reconstruction shall be compliant with the latest version of the MUTCD before the road is opened to the public for unrestricted travel. The latest version of the MUTCD is the 2003 Edition, which the Georgia Department of Transportation has adopted. However, the FHWA, in the introduction to the MUTCD has established alternate compliance dates for some of the new provisions of the 2003 MUTCD. Below is a list of those compliance dates. The Department may decide to require contractors to implement some or all of these provisions at an earlier date than the compliance dates noted below. However notice will be given in advance of the letting date if these provisiOns are to be implemented prior to the compliance dates. The contractor may also decide to implement the new provisions in the 2003 MUTCD earlier than required by the compliance dates below. The target dates established by the FHWA shall be as follows: Section 60.01 Pedestrian Considerations - all new provisions for pedestrian accessibility - 5 years from the effective date of the Final Rule for the 2003 MUTCD. Section 60.02 Accessibility Considerations - 5 years from the effective date of the Final Rule for the 2003 MUTCD. Section 60.03 Worker Safety Considerations - high-visibility apparel requirements - 3 years from the effective date of the Final Rule for the 2003 MUTCD. Section 6E.02 High-Visibility Safety Apparel - high-visibility apparel requirements for flaggers - 3 years from the effective date of the Final Rule for the 2003 MUTCD. The effective date of the Final Rule for the 2003 MUTCD is December 22, 2003. 150.02TEMPORARY TRAFFIC CONTROL (rrC) ZONES: A. DEVICES AND MATERIALS: In addition to the other provisions contained herein, work zone traffic control shall be accomplished using the following means and materials: 1. Portable Advance Warning Signs Portable advance warning signs shall be utilized as per the requirements of the temporary traffic control plans. All signs shall meet the requirements of the MUTCD and shall be NCHRP 350 crashworthy compliant. 2. Arrow Panels Portable sequential or flashing arrow panels as shown in the Plans or Specifications for use on Interstate or multi-lane highway lane closure only, shall be a minimum size of 48" high by 96" wide with not less than 15 lamps used for the arrow. The arrow shall occupy virtually the entire size of the arrow panel and shall have a minimum legibility http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 150.html 12/7/2007 first Use January 4, 2000 Page 7 of 54 distance of one mile. The minimum legibility distance is that distance at which the arrow panel can be comprehended by an observer on a sunny day, or clear night. Arrow panels shall be equipped with automatic dimming features for use during hours of darkness. The arrow panels shall also meet the requirements for a Type C panel as shown in the MUTCD. The sequential or flashing arrow panels shall not be used for lane closure on two-lane, two-way highways when traffic is restricted to one-lane operations in which case, appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where the lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable support. Vehicle mounted panels shall be provided with remote controls. Minimum mounting height shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels which should be as high as practical. For emergency situations, arrow display panels that meet the MUTCD requirements for Type A or Type B panels may be used until Type C panels can be located and placed at the site. The use of Type A and Type B panels shall be held to the minimum length of time possible before having the Type C panel(s) in operation. The Engineer shall determine when conditions and circumstances are considered to be emergencies. The Contractor shall notify the Engineer, in writing, when any non-specification arrow display pane/(s) is being used in the work. 3. Portable Changeable Message Signs Portable changeable message signs meeting the requirements of Section 632 and the MUTCD. Any PCMS in use that is not protected by positive barrier protection shall be delineated by a minimum of three drums that meet the requirement of Section lS0.0S.A.!. The drum spacing shall not exceed a maximum of ten (10') feet as shown in Detail 150-PCMS. When the PCMS is within twenty (20') feet of the opposing traffic flow, the trailing end of the PCMS shall be delineated with a minimum of three drums spaced in the same manner as the approach side of the PCMS. http://tomcat2.dot.state.ga. us/thesource/pdf/special ~rovisions/shelf/sp 150 .html 12/7/2007 First Use January 4, 2000 Page 8 of 54 II umlLlf~~11 When not in use the PCMS shall be removed from the roadway unless protected by positive barrier protection. If the PCMS is protected by positive barrier protection the sign panel shall be turned away from traffic when not in use. 4. Channelization Devices Channelization devices shall meet the standards of the MUTCD and Subsection 150.05. S. Temporary Barrier Temporary barrier shall meet the requirements of SectiQ.oJ>.?_Q, 6. Temporary Traffic Signals Temporary traffic signals shall meet the requirements of Section 647 and the MUTCD. 7. Pavement Marking Pavement marking incorporated into the work shall comply with Subsections 150.04.A and 150.04.8. 8. Portable Temporary Traffic Control Signals The use off Portable Temporary Traffic Control Signals shall meet the following minimum requirements: Only two-lane two-way roadways will be allowed to utilize Portable Temporary Traffic Control Signals. All portable traffic control signals shall meet the physical display and operational requirements of conventional traffic signals described in the MUTCD. Each signal face shall have at least three lenses. The lenses shall be red, yellow, or green in color and shall give a circular type of indication. All lenses shall be twelve (12") inches nominal in diameter. A minimum of two signal faces shall face each direction of traffic. A minimum of one signal head shall be suspended over the roadway travel lane in a manner that will allow the bottom of the signal head housing to be not less than seventeen (17') feet above and not more than nineteen (19') feet above the pavement grade at the center of the travel lane. The second signal head may be located over the travel lane with the same height requirements or the second signal head may be located on the shoulder. When the signal head is located on the shoulder the bottom of the signal head housing shall be at least eight (8') feet but not more than (15') feet above the pavement grade at the center of highway. Advance warning signage and appropriate pavement markings shall be installed as part of the temporary signal operation. The signals shall be operated in a manner consistent with traffic requirements. The signals may be operated in timed-mode or in a vehicle-actuated mode. The signals shall be interconnected in a manner to ensure that conflicting movements can not occur. To assure that the appropriate operating pattern including timing is displayed to the traveling public, regular inspections including the use of accurate timing devices shall be FIrst Use January 4, 2000 Page 9 of 54 made by the Worksite Traffic Control Supervisor. If at any time any part of the system fails to operate within these requirements then the use of the signal shall be suspended and the appropriate flagging operation shall begin immediately. The Worksite Traffic Control Supervisor (WTCS) shall continuously monitor the portable traffic control signal to insure compliance with the requirements for maintenance under the MUTCD. The signal shall be maintained in a manner consistent with the intention of the MUTCD, with emphasis on cleaning of the optical system. Timing changes shall be made only by the WTCS. The WTCS shall keep a written record of all timing changes. The portable temporary signal shall have two power sources and shall be capable of running for seven calendar days continuously. The Contractor shall have an alternate temporary traffic control plan in the event of failure of the signal. 9. RUMBLE STRIPS Rumble strips incorporated into the work shall meet the requirements of Section 429 and the MUTCD. Existing rumble strips that are positioned in the traveled way to warn traffic of a stop condition shall be reinstalled based on the following requirements: INTERMEDIATE SURFACES: Intermediate surfaces that will be in use for more than forty-five (45) calendar days shall have rumble strips reinstalled on the traveled way in the area of a stop condition. Non-refundable deductions in accordance with Subsection 150.08 will be assessed for any intermediate surface in place for greater than 45 days without rumble strips. FINAL SURFACES: Rumble strips shall be installed on the final surface within fourteen (14) calendar days of the placement of the final surface in the area of the stop condition. Failure to install within fourteen (14) calendar days will result in assessment of non-refundable deductions in accordance with 150.08. Prior to the removal of any rumble strips located in the travelway, stop ahead (W3-1a) warning signs shall be double indicated ahead of the stop condition. These warning signs shall be a minimum of 48 inches by 48 inches. The reflectorization ofthe warning signs shall be as required by Subsection 150.01.e. These warning signs shall remain in place until the rumble strips have been reinstalled on the traveled way. Any existing warning signs for the stop ahead condition shall be removed or covered while the 48" X 48" (W3-1a) signs are in place. When the rumble strips have been reinstalled these warning signs should be promptly removed and any existing signage placed back in service. 10. GUARDRAIL: When the removal and installation of guardrail is required as a part of the work the following time restrictions shall apply unless modified by the special conditions: MUL TH.ANE HIGHWAYS: From the time that the existing guardrail or temporary positive barrier protection is removed the Contractor has fourteen (14) calendar days to install the new guardrail and anchors. During the interim, the location without guardrail shall be protected with drums spaced at a maximum spacing of twenty (20') feet. The maximum length of rail that can be removed at any time without being replaced with positive barrier protection is a total of 2000 linear feet of existing rail or the total length of one run of existing rail, whichever is greater. http://tomcat2.dot.state. ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html 12/712007 t<lrst Use January 4, 2000 Page 10 of 54 ALL OTHER HIGHWAYS: From the time that the existing guardrail is removed or from the time that temporary positive barrier protection is removed the Contractor has thirty (30) calendar days to install the new guardrail and anchors. During the interim, the location without guardrail shall be protected with drums spaced at a maximum spacing of twenty (20') feet. The maximum length. of rail that can be removed at any time without being replaced with positive barrier protection is a total of 1000 linear feet of existing rail or the total length of one run of existing rail, whichever is greater. Based on existing field conditions, the Engineer may review the work and require that the guardrail be installed earlier than the maximum time allowed above by giving written notification to the Contractor via the TC-1 traffic control report. Failure to comply with the above time and quantity restrictions shall be considered as non-compliance under Subsection 150.08. 11. STOP SIGN REGULATED INTERSECTIONS: For intersections that utilize stop sign(s) to control the flow of traffic and to restrict the movement of vehicles, the stop sign(s) shall be maintained for the duration of the work or until such time that the stop condition is eliminated or until an interim or permanent traffic signal can be installed to provide proper traffic control. The traffic signal shall be installed and properly functioning before the removal of the existing stop sign(s) is permitted. If the existing intersection is enhanced traffic control features such as stop bars, double indicated stop signs, oversized signs, advanced warning stop ahead signs, rumble strips on the approaches or flashing beacons located overhead or on the shoulders then these features shall be maintained for the duration of the project or until the permanent traffic control plan has been implemented. Whenever the staging of the work requires that the traveled-way be relocated or realigned the Contractor shall reinstall all enhanced traffic control features noted above on the newly constructed sections of the work. The cost of relocating the stop bars, stop signs, advanced warning signs, the rumble strips and the flashing beacons shall be included in the price bid for Lump-Sum-Traffic Control unless individual pay items are included in the contract for rumble strips and/or flashing beacons. When pay items are included in the contract for rumble strips or flashing beacons then these items will be paid per each. When staging requires the relocation or realignment of an existing stop condition it may be necessary to consider the addition of enhanced traffic control features even though none existed at the original location. As a guide for enhanced traffic control features that may be considered, the Engineer or the WTCS may refer to the Department's guidelines for "Opening of New Roadways to Traffic" (Document #6635-2). Horizontal and vertical alignment changes at a new location may have decreased or restricted sight distance or the stop condition may occur sooner than in the previous alignment. If these conditions occur then the Engineer and/or the WTCS should consider additional measures to enhance the motorist's awareness of the changes even though the staging plans may not address enhanced features. Stop signs should be a minimum of 36 inches for interim situations. The use of 48 inch stop signs may be warranted under project specific conditions. Flags may be used on interim/permanent stop signs that are mounted at seven (7') feet in height for a short duration in order to direct additional attention to a new or relocated stop sign(s). Flags should not be used for durations exceeding two weeks unless unusual or site specify conditions warrant a longer period of time. The use of Type "A" flashing red light(s) attached to the stop sign(s) may be appropriate during the same period that the flags are in use to increase attention. http://tomcat2.dot.state.ga. us/thesource/pdf/special-Pfovisions/shelf/sp 150 .html 12/7/2007 http://tomcat2.dot.state.ga. us/thesource/pdf/special--'pfovisions/shelf/sp 150 .html 1217/2007 1'1fst Use January 4, 2000 Page II of 54 The use of rumble strips and/or portable changeable message signs may be considered. The use of new rumble strips, where none previously existed, shall have the prior approval of District Traffic Operations before being included as part of the temporary traffic control plan. The message(s) displayed on any PCMS shall have the prior approval of the Engineer and the message(s) shall be included as part of the TIC plan for the interim staging. The placement of any additional interim ground-mounted signs and posts or stop bars shall be considered as incidental to the price bid for Lump Sum-Traffic Control. The installation of rumble strips, flashing beacons or the use of Portable Changeable Message Signs (PCMS) shall be considered as Extra Work unless pay items are included in the contract. B. WORK ZONE RESTRICTIONS: 1. Interstate The Contractor shall not simultaneously perform work on both the inside shoulder and outside shoulder on either direction of traffic flow when the Work is within 12 feet of the travel-way, unless such areas are separated by at least one-half mile of distance. 2. Non-Interstate Divided Highways The Contractor shall not simultaneously perform work on both the inside shoulder and outside shoulder on either direction of traffic flow when the Work is within 12 feet of the travel-way, unless such areas are separated by at least one-half mile distance in rural areas or at least 500 feet of distance in urban areas. 3. Non-Divided Highways a. The Contractor shall not simultaneously perform work on opposite sides of the roadway when the work is within 12 feet of the travel-way, unless such areas are separated by at least one-half mile of distance in rural areas or at least 500 feet of distance in urban areas. b. On two-lane projects where full width sections of the existing subgrade, base or surfacing are to be removed, and new base, subgrade, or surfacing are to be constructed, the Contractor shall maintain one-lane traffic through the construction area by removing and replacing the undesirable material for half the width of the existing roadway at a time. Replacement shall be made such that paving is completed to the level of the existing pavement in the adjacent lane by the end of the workday or before opening all the roadway to traffic. 4. All Highways: a. There shall be no reduction in the total number of available traffic lanes that existed prior to construction except as specifically allowed by the Contract and as approved by the Engineer. b. Travelway Clearances: All portions of the work shall maintain the following minimum requirements: !<rrst Use January 4,2000 Page 12 of 54 Horizontal: The combined dimensions of the paved shoulder and the roadway surface remaining outside the Work Zone shall be no less than sixteen (16) feet in width at any location. Vertical: The overhead clearance shall not be reduced to less than fifteen (15) feet at any location. The restrictions above apply to all shifts, lane closures, on-site detours and off site detours whether shown in the contract or proposed by the Contractor. It shall be the responsibility of the Contractor to verify that these minimum requirements have been met before proceeding with any phase of the Work. Two-lane two-way roadways may have temporary horizontal restrictions of less than sixteen (16) feet provided a flagger operation for one-way traffic is utilized to restrict access to the work area by over-width loads. The minimum horizontal clearance shall be restored before the flagging operation is removed. c. Highway Work Zone: All sections or segments of the roadway under construction or reconstruction shall be signed as a Highway Work Zone except non-state highway two-lane two-way resurfacing projects. Two conditions can be applied to a Highway Work Zone. Condition 1 is when no reduction in the existing speed limit is required. Condition 2 is when worksite conditions require a reduction of the speed limit through the designated Work Zone. Properly marking a Highway Work Zone shall include the following minimum requirements: 1. NO REDUCTION IN THE EXISTING POSTED SPEED LIMIT IN HIGHWAY WORK ZONE: a) Signage (Detail 150-HWZ-2) shall be posted at the beginning point of the Highway Work Zone warning the traveling public that increased penalties for speeding violations are in effect. The HWZ-2 sign shall be placed a minimum of six hundred (600') feet in advance of the Highway Work Zone and shall not be placed more than one thousand (1000') feet in advance of the Work Zone. If no speed reduction is required it is recommended that the HWZ-2 be placed at 750 feet from the work area between the ROAD WORK 500 FT. and the ROAD WORK 1000 FT. signs. . HWZ-2 signs shall be placed at intervals not to exceed one mile for the length of the project. HWZ-2 signs should be placed on the mainline after all major intersections except State Routes. State Routes shall be signed as per the requirements for intersecting roadways below. b) The existing speed limit shall be posted at the beginning of the Work Zone. Existing Speed Limit signs (R2-1) shall be maintained. c) INTERSECTING ROADWAYS: Intersecting state routes shall be signed in advance of each intersection with the Work Zone with a HWZ-2 sign to warn motorists that increased fines are in effect. All other intersecting roadways that enter into a designated Highway Work Zone may be signed in advance of each intersection with the Work Zone. When construction equipment and personnel are present in the intersection on the mainline of a. multi-lane roadway, the intersecting side roads shall be signed in advance with HWZ-2 http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 150.html 12/7/2007 http://tomcat2.dot.state.ga. us/thesource/pdf/special-1Jfovisions/shelf/sp 150 .html 1217/2007 t'lfst Use January 4, 2UUU Page 13 of 54 signs. As soon as the work operation clears the intersection the signage may be removed. d) Signage (Detail 150-HWZ-3) shall be posted at the end of the Highway Work Zone indicating the end of the zone and indicating that increased penalties for speeding violations are no longer in effect. e) When a designated Highway Work Zone is no longer necessary all signs shall be removed immediately. 2. REDUCING THE SPEED LIMIT IN A HIGHWAY WORK ZONE: Highway Work Zone signs shall be posted as required in Condition 1 above. For limited access (interstate) highways and controlled access multi-lane divided highways the posted speed limit shall be reduced as required below. Speed Limit signage (R2-1) for the reduced speed limit shall be erected at the beginning of the work zone. Additional signs shall be placed to ensure that the maximum spacing of the reduced speed limit signs shall be no greater than one (1) mile apart. Existing speed limit signs shall be covered or removed. On multi- lane divided highways the speed limit signs shall be double indicated when the reduced speed is in use. When anyone or more of the following conditions exist and the existing speed. limit is 65 mph or 70 mph, the speed limit shall be reduced by 10 mph. If the existing speed limit is 60 mph, the speed limit should be reduced by 5 mph. If the existing speed limit is 55 mph or less, the Contractor can only reduce the speed limit with the prior approval of the Engineer. The reduction in the speed limit shall be no greater than 10 mph: a) Lane c1osure(s) of any type and any duration. b) The difference in elevation exceeds two inches adjacent to a travel lane as shown in Subsection 150.06, Detail 150-B, 150-(, c) Any areas where equipment or workers are within ten feet of a travel lane. d) Temporary portable concrete barriers located less than two (2') feet from the traveled way. e) As directed by the Engineer for conditions distinctive to this project. When the above conditions are not present the speed limit shall be immediately returned to the existing posted speed limit. A speed reduction shall not be put in place for the entire length of the project unless conditions warranting the speed reduction are present for the entire project length. All existing speed limit signs within the temporary speed reduction zone shall be covered or removed while the temporary reduction in the speed limit is in effect. All signs shall be erected to comply with the minimum requirements of the MUTCD. As a minimum the following records shall be kept by the WTCS: a) Identify the need for the reduction. b) Record the time of the installation and removal of the temporary reduction. c) Fully describe the location and limits of the reduced speed zone. d) Document any accident that occurs during the time of the reduction. http://tomcat2.dot.state.ga.us/thesource/pdf/special-Pfovisions/shelf/sp 150 .html 12/7/2007 l'lfst use January 4, :WUU Page 14 of 54 A copy of the weekly records for reduced speed zones shall be submitted to the Engineer. Reduced speed zones shall, as a minimum, be signed as per Detail 150-HWZ-1. Interim signs shall meet the requirements of Subsection 150.03 D. Additional signs may be necessary to adjust for actual field conditions. When a pilot vehicle is used on a two-lane two-way roadway the speed limit should not be reduced. For special conditions specific to the work, on two-lane two-way roadways or multi-lane highways, the contractor may reduce the posted speed limit with the prior approval of the Engineer. S. MILLED SURFACE RESTRICTIONS: Unless modified by the special conditions, a milled surface on any asphaltic concrete surface shall not be allowed to remain open to traffic for a period of time that exceeds thirty (30) calendar days. 6. INSTALLATION/REMOVAL OF WORK AREA SIGNAGE: No payment will be made for Traffic Control-Lump Sum until the Work has actually started on the project. The installation of traffic control signage does not qualify as the start of work. Advanced warning signs shall not be installed until the actual beginning of work activities. Any permanent mount height signs installed as the work is preparing to start shall be covered until all signs are installed unless all signs are installed within seven (7) calendar days after beginning installation. All temporary traffic control devices shall be removed as soon as practical when these devices are no longer needed. When work is suspended for short periods of time, temporary traffic control devices that are no longer appropriate shall be removed or covered. All construction warning signs shall be removed within seven (7) calendar days after time charges are stopped or pay items are complete. If traffic control devices are left in place for more than ten (10) calendar days after completion of the Work, the Department shall have the right to remove such devices, claim possession thereof, and deduct the cost of such removal from any monies due, or which may become due, the Contractor. PUNCH LIST WORK: Portable signs shall be utilized to accomplish the completion of all punchlist items. The portable signs shall be removed daily. All permanent mount height signs shall be removed prior to the beginning of the punchlist work except "Low/Soft Shoulder" signs and any signs that have the prior written approval of the Engineer to remain in place while the punch list work is in progress. Failure to promptly remove the construction warning signs within the seven (7) calendar days after the completion of the Work or failure to remove or cover signs when work is suspended for short periods of time shall be considered as non-performance under Subsection 150.08. First Use January 4,2000 Page 15 of 54 lNltK)IAlt ANU MULl l-LANt UIVIUtU HIGHWAY )IGN1NG )HALL ~t DOUBLE INCICATED (RIGHT SHOULDER AND MEDIAN SHOULDER) I.. 600' 1" 600' + 600' + 600' 1 K K } HWZ-2 SIGNS REDUCED w Z 0 SPEED N 0 w AHEAD w Q. VI ~ (.:) w R2-5a ell 48"X 60" THIS SIGN SHALL BE INSTALLED ONLY WHEN THE SPEED REDUCITION is GREATER THAN 10 U.P.H. FROU THE EXiSTING POSTED SPEED LIMIT. SPEED L1UIT ** R2-1 48"X 60" -.. K SPEED L1UIT ** R2-1 48/1X 60" REDUCED SPEED LIMIT SHALL HAVE THE PRIOR APPROVAL OF THE ENGINEER. ALL INTERSECTING ROADWAYS SHALL BE SIGNED WITH A HWZ-2 SIGN TO WARN MOTORIST ENTERING THE HIGHWAY WORK ZONE. INTERSTATE AND UULTI-LANE HIGHWAY SIGNING SHALL BE DOUBLE INDICATED (RIGHT SHOULDER AND UEDIAN SHOULDER). http://tomcat2.dot. state. ga. us/thesource/pdf/ special-'provisions/ shelf/ sp 150 .html ~ 600' ~ -.. K SPEED L1UIT ** [ R2-1 I 48/1X 60" : SPEED L1UIT ** REDUCED CONSTRUCT I LIMIT SHALL BE SPA OF ONE IJILE APART. R2-1 4811X 60/1 SIGN SIZES SHOWN ARE IJUlTI-LANE DIVIDED HI FOR OTHER HIGHWAYS US SIGNS AS PER THE u.U. HWZ-2 AND HWZ-3 SIGNS DEI AIL 150-H 12/7/2007 http://tomcat2.dot. state. ga. us/thesource/pdfl special-provisionsl shelf/ sp 150. html 12/7 /2007 First Use January 4, 2000 Page 16 of 54 FIrst Use January 4,2000 Page 1/ 0154 http://tomcat2.dot.state . ga. us/thesource/pdfl special yrovisionsl shel fl sp 150. html 12/7 /2007 First Use January 4, 2000 L111..... 3// MARG IN 11// BORDER 3" RADIUS 40" ~ 411 11 " 26 " 11" - 48 " HWZ-2 COLORS TOP PANEL LEGEND 8. BORDER BACKGROUND - BLACK (NON-REFLI - FLUORESENT ORANGE ( AS T M T Y P E V I I. V [ I I. [X or' X) MIDDLE 8. BOTTOM PANELS LEGEND 8. BORDER - BLACK (NON-REFLI BACKGROUND - WHITE (ASTM TYPE I I I OR IV REFL SHEETING) NOTES: 1. ALL HWZ-2 SIGN PANELS SHALL BE RIGID. 2. THE SIZE OF THE HWZ-2 SIGN SHALL NOT BE REDUCED FOR USE ON TWO-LANE ROADWAYS. http://tomcat2.dot.state.ga.us/thesource/pdf/special-provisions/sheIf/sp 150 .htmI Page 18 of 54 12/7/2007 http://tomcat2.dot.state.ga.us/thesource/pdf/special-provisions/shelf/sp 150 .html 12/7/2007 First Use January 4, 2000 Page 19 of 54 - BLACK (NON~REFL) - FLUORESENT ORANGE ( AS T M T Y P E V I I. V I [ I 1 I X or'- X) BOTTOM PANEL LEGEND & BORDER - BLACK (NON-REFL) BACKGROUND - WHITE (ASTM TYPE III OR IV REFL SHEETINGl COLORS TOP PANEL LEGEND & BORDER BACKGROUND NOTES: 1. ALL HWZ-3 SIGN PANELS SHALL BE RIG[D. 2. THE SIZE OF THE HWZ-3 SIGN SHALL NOT BE REDUCED FOR USE ON TWO-LANE ROADWAYS. First Use January 4, 2000 Page 20 of 54 C. LANE CLOSURES: 1. Approval/Restrictions All lane closures of any type or duration shall have the prior approval of the Engineer. a. The length of a lane closure shall not exceed two (2) miles in length excluding the length of the tapers unless the prior approval of the Engineer has been obtained. The Engineer may extend the length of a lane closure based upon field conditions however the length of a workzone should be held to the minimum length required to accomplish the Work. Lane closures shall not be spaced closer than one mile. The advanced warning signs for the project should not overlap with the advanced warning signs for lane shifts, lane closures, etc. b. Lane closures that require same direction traffic to be split around the Work Area will not be approved for roadways with posted speeds of 35 mph or greater, excluding turn lanes. c. For Interstate, Limited Access and Multi-lane Divided Highways, a Portable Changeable Message Sign (PCMS) shall be placed one (1) mile in advance of a lane closure with a message denoting the appropriate lane closure one mile ahead. The Portable Changeable Message Sign (PCMS) shall be placed on the outside shoulder in accordance with Detail 150-PCMS. This is in addition to the other traffic control devices required by Standard 9106. 2. Removal Of Lane Closures To provide the greatest possible convenience to the public in accordance with Sub- Subsection 107.07, the Contractor shall remove all signs, lane closure markings, and devices immediately when lane closure work is completed or temporarily suspended for any length of time or as directed by the Engineer. All portable signs and portable sign mounting devices shall be removed from the roadway to an area which will not allow the sign to be visible and will not allow the sign or sign mounting device to be impacted by traffic. 3. Exit And Entrance Ramps On multilane highways where traffic has been shifted to the inside lanes, the exit and entrance ramps shall have channelization devices placed on both sides of the ramp. The temporary ramp taper length shall be greater than, or equal to, the existing taper length. Interim EXIT gore signs shall be placed at the ramp divergence. The "EXIT OPEN" sign shown in Figure TA-42 of the MUTCD shall be utilized. Channelization device spacing shall be 10 feet for 200 feet in advance of the temporary gore, and 10 feet for the first 100 feet of the temporary gore. 4. Lane Drop/Lane Closure The first seven (7) calendar days of any lane closure shall be signed and marked as per Standard 9106 or 9107. However, lane closures that exist for a duration longer than seven (7) calendar days may be signed and marked as per the details in Standard 9121, provided the prior approval of the Engineer is obtained. The approved lane drop shall utilize only the signs and markings shown for the termination end of the lane drop in Standard 9121. All warning signs in the lane drop sequence shall be used. Drums may be substituted for the Type I Crystal Delineators at the same spacing. http://tomcat2.dot.state.ga. us/thesource/pdf/special-'provisions/shelf/sp 150 .html 12/7/2007 nrSl use January 4, LUUU yage Ll ot )4 5. Termination Area The transition to normal or full width highway at the end of a lane closure shall be a maximum of 150 feet. D. TRAFFIC PACING METHOD: 1. Pacing Of Traffic With prior approval from the Engineer, traffic may be paced allowing the Contractor up to ten (10) minutes maximum to work in or above all lanes of traffic for the following purposes: a. Placing bridge members or other bridge work. b. Placing overhead sign structures. c. Other work items requiring interruption of traffic. The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for each direction of pacing. The police officer, Engineer, and f1aggers at ramps shall be provided with a radio which will provide continuous contact with the Contractor. When ready to start the work activity, the police vehicle will act as a pilot vehicle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform the Work. Any on-ramps between the pace and the work area shall be blocked during pacing of traffic, with a flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be opened after the police vehicle has passed. Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph non-interstate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared the area. Traffic will not be permitted to stop during pacing except in extreme cases as approved by the Engineer. 2. Methods Of Signing For Traffic Pacing At a point not less than 1,000 feet in advance of the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72 inch) with a Type "B" flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY" (See Detail lSO-A). A portable changeable message sign may be used in lieu of the W-special sign. On divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted at the sign, and upon notice that the traffic is to be paced shall turn on the flashing light and reveal the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered or removed. W-special signs are reflectorized black on orange, Series "C" letter and border of the size specified. http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 15 O.html 12/7/2007 I 7"2" I I I I I i I I L_<..._ /6, ~ "i ~ First Use January 4, 2000 I'" WAACI~ r----j \ I..,' flOR".;( R / I~' 1""1'''' /' [.J ~ U..;;J / "1 ~.~.~,/ l)" i 9.5. rlr fD) I~\ ~ rc7 ~ ('0\ I tJ lr\J uU L:' U~ U ~ I 10. r S2"-- -1 TO" i ~~(~w1J~[D) 1S. -,.. --42- ~I' ,~." ~~~~[D) ~r~@~~ ~~~~ w ~...'.- f I i I I I I , , /-T'rP'!: I / (1 ,/ "8" 'LASH I ~ L I CH1 ()I lIfAH' C S I or 53" ~'-'/- -5':1"---- , I .\.. , j 72" ". 'I ~'1'CI"'l. SIGIl (rEwroft~.Y posr ~T(Di Sl~ ~.ll..~ ~AV! B...ACII; LEG(I'<<) A).l) BCfW[l< C>>I ~ AEFLE:TORlltD 6AO:~OUiotC' Dl T A It 1 SO-A E. CONSTRUCTION VEHICLE TRAFFIC Page 22 of 54 Lt" 1," SER. .C' &. ~ 7. \ l' SE R - 'C' 6- , 2' 11" SEll. 'c' 4 " S" 8' s.E."~ "C Ii . The Contractor's vehicles shall travel in the direction of normal roadway traffic and shall not reverse direction except at intersections, interchanges, or approved temporary crossings. The Contractor may submit a plan requesting that construction traffic be allowed to travel in the opposite direction of normal traffic when it would be desirable to modify traffic patterns to accommodate specific construction activities. Prior approval of the Engineer shall be obtained before any construction traffic is allowed to travel in a reverse direction. If the Contractor's submittal is approved the construction traffic shall be separated from normal traffic by appropriate traffic control devices. F. ENVIRONMENTAL IMPACTS TO THE TEMPORARY TRAFFIC CONTROL (TIC) PLAN The Contractor shall ensure that dust, mud, and other debris from construction activities do not interfere with normal traffic operations or adjacent properties. All outfall ditches, special ditches, critical storm drain structures, erosion control structures, retention basins, etc. shall be constructed, where possible, prior to the beginning of grading operations so that the best possible drainage and erosion control will be in effect during the grading operations, thereby keeping the roadway areas as dry as possible. http://tomcat2.dot.state.ga. us/thesource/pdf/special ~rovisions/shelf/sp 150 .html 121712007 First Use January 4, 2000 Page 23 of 54 Areas within the limits of the project which are determined by the Engineer to be disturbed or damaged due either directly or indirectly from the progress or the lack of progress of the work shall be cleaned up, redressed, and regrassed. All surplus materials shall be removed and disposed of as required. Surplus materials shall be disposed of in accordance with Subsection 201.02.E.3 of the Specifications. G. EXISTING STREET LIGHTS Existing street lighting shall remain lighted as long as practical and until removal is approved by the Engineer. H. NIGHTWORK Adequate temporary lighting shall be provided at all nighttime work sites where workers will be immediately adjacent to traffic. I. CONSTRUCTION VEHICLES IN THE WORKZONE The parking of Contractor's and/or workers personal vehicles within the work area or adjacent to traffic is prohibited. It shall be the responsibility of the Worksite Traffic Control Supervisor to ensure that any vehicle present at the worksite is necessary for the completion of the work. J. ENCROACHMENTS ON THE TRAVELED-WAY The Worksite Traffic Control Supervisor (WTCS) shall monitor the work to ensure that all the rocks, boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are kept clear of the travelway. These items shall be stored in a location, in so far as practical, where they will not be subject to a vehicle running off the road and striking them. K. PEDESTRIAN ACCESS TO THE WORK All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate changes to existing walkways, temporary walkways shall be provided and maintained, with appropriate signs as necessary, to allow safe passage of pedestrian traffic. L. TRAFFIC SIGNALS If the sequence of operations, staging, or the temporary traffic control plan requires the relocation or shifting of any components of an existing traffic signal system then any work on these traffic signals will be considered as part of Lump Sum- Traffic Control. The contractor becomes responsible for the maintenance of these traffic signals from the time that the system is modified until final acceptance. The maintenance of traffic signals that are not a part of the work and are not in conflict with any portion of the work shall not be the responsibility of the contractor. When construction operations necessitate an existing traffic signal to be out of service, the Contractor shall furnish off-duty police officers to regulate and maintain traffic control at the site. M. REMOVAL/REINSTALLATION OF MISCELLANEOUS ITEMS http://tomcat2.dot. state. ga. us/thesource/pdf/ special-provisions/ shelf/ sp 150 .html 12/7 /2007 First Use January 4,2000 Page 24 of 54 In the prosecution of the Work, if it becomes necessary to remove any existing signs, markers, guardrail, etc. not covered by specific pay item, they shall be removed, stored and reinstalled, when directed by the Engineer, to line and grade, and in the same condition as when removed. 150.03SIGNS: A. SIGNING REQUIREMENTS OF THE TEMPORARY TRAFFIC CONTROL CITe) PLAN When existing regulatory, warning or guide signs are required for proper traffic control the Contractor shall maintain these signs in accordance with the temporary traffic control (TIC) plan. The Contractor shall review the status of all existing signs, interim signs added to the work, and permanent sign installations that are part of the work to eliminate any conflicting or non-applicable signage in the TIC Plan. The Contractor's review of all signs in the TIC Plan shall establish compliance with the requirements of the MUTCD and Section 150. Any conflicts shall be reported to the Engineer immediately and the WTCS shall take the necessary measures to eliminate the conflict. The Contractor shall make every effort to eliminate the use of interim signs as soon as the Work allows for the installation of permanent signs. All existing illuminated signs shall remain lighted and be maintained by the Contractor. Existing street name signs shall be maintained at street intersections. B. CONFLICTING OR NON-APPLICABLE SIGNS Any sign(s) or portions of a sign(s) that are not applicable to the TIC plan shall be covered so as not to be visible to traffic or shall be removed from the roadway when not in use. The WTCS shall review all traffic shifts and changes in the traffic patterns to ensure that all conflicting signs have been removed. The review shall confirm that the highest priority signs have been installed and that signs of lesser significance are not interfering with the visibility of the high priority signs. High priority signs include signs for road closures, shifts, detours, lane closures and curves. Any signs, such as speed zones and speed limits, passing zones, littering fines and litter pick up, that reference activities that are not applicable due to the presence of the Work shall be removed, stored and reinstalled when the Work is completed. Failure to promptly eliminate conflicting or non-applicable signs shall be considered as non- performance under Subsection lSO.08. C. REMOVAL OF EXISTING SIGNS AND SUPPORTS The Contractor shall not remove any existing signs and supports without prior approval from the Engineer. All existing signs and supports which are to be removed shall be stored and protected if this material will be required later in the work as part of the TTC plan. If the signs are not to be utilized in the work then the signs will become the property of the Contractor unless otherwise specified in the contract documents. D. INTERIM GUIDE, WARNING AND REGULATORY SIGNS http://tomcat2.dot. state. ga. us/thesource/pdf/ special-provis ionsl shel fl sp 150 .html 121712007 http://tomcat2.dot.state. ga. us/thesource/pdf/ special-'provis i ons/ shelf/ sp 150. html 12/7 /2007 First Use January 4, 2000 Page 25 of 54 Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed, reused, and maintained by the Contractor in accordance with the MUTeD, the Plans, Special Provisions, Special Conditions, or as directed by the Engineer. These signs shall remain the property of the Contractor. The bottom of all interim signs shall be mounted at least seven (7') feet above the level of the pavement edge when the signs are used for long-term stationary operations as defined by Section 6G.02 of the MUTCD. Special Conditions under Subsection 150.11 may modify this requirement. Portable signs may be used when the duration of the work is less than three (3) days or as allowed by the special conditions in Subsection 150.11. Portable signs shall be used for all punchlist work. All portable signs and sign mounting devices utilized in work shall be NCHRP 350 compliant. Portable interim signs shall be mounted a minimum of one (1') foot above the level of the pavement edge for directional traffic of two (2) lanes or less and a minimum of seven (7') feet for directional traffic of three (3) or more lanes. Signs shall be mounted at the height recommended by the manufacturer's crashworthy testing requirements. Portable interim signs which are mounted at less than seven (7') feet in height may have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign. All regulatory sign blanks shall be rigid whether the sign is mounted as a portable sign, on a Type III barricade or as a permanent mount height sign. Any permanent mount height interim sign that is designed to fold in half to cover a non- applicable message on the sign shall have reflectorized material on the folded over portion of the sign. The reflectorized material shall be orange in color with a minimum of ASTM Type I engineering grade sheeting with a minimum area of six inches by six inches (6" x 6") facing the direction of traffic at all times when the sign is folded. Interim signs may be either English or metric dimensions. E. EXISTING SPECIAL GUIDE SIGNS Existing special guide signs on the Project shall be maintained until conditions require a change in location or legend content. When change is required, existing signs shall be modified and continued in use if the required modification can be made within existing sign borders using design requirements (legend, letter size, spacing, border, etc.) equal to that of the existing signs, or of Subsection lSO.03.E.2. Differing legend designs shall not be mixed in the same sign. 1. Special Guide Signs Special guide signs are those expressway or freeway guide signs that are designed with a message content (legend) that applies to a particular roadway location. When. an existing special guide sign is in conflict with work to be performed, the Contractor shall remove the conflicting sign and reset it in a new, non-conflicting location which has been approved by the Engineer. 2. Interim Special Guide Signs When it is not possible to utilize existing signs, either in place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new interim special guide signs in accordance with the Plans or as directed by the Engineer. Interim special guide signs that may be required in addition to, or a replacement for, existing expressway and freeway (interstate) signs shall be designed and fabricated in compliance with the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressway" and Part 2F "Guide Signs Freeways" of the MUTCD, except First Use January 4, 2000 Page 26 of 54 that the minimum size of all letters and numerals in the names and places, streets and highways on all signs shall be 16 inches Series "E" initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48 inches and 60 inches for two-numeral and three-numeral routes, respectively. The road name of the exit or route shield shall be placed on the exit gore sign. 3. Interim Overhead Guide Sign Structures Interim overhead special guide sign structures are not required to be lighted unless specifically required by the Plans. If lighting is required the sign shall be lighted as soon as erected and shall remain lighted, during the hours of darkness, until the interim sign is no longer required. The Contractor shall notify the Power Company at least thirty (30) days prior to desired connection to the power source. 4. Permanent Special Guide Signs The installation of new permanent special guide signs and the permanent modification or. resetting of existing special guide signs, when included in the contract, shall be accomplished as soon as practical to minimize the use of interim special guide signs. If lighting is required by the Plans, all new permanent overhead special guide signs shall be lighted as soon as erected. F. MATERIALS- INTERIM SIGNS: 1. Posts Permanent mounting height of seven (7') feet- Posts for all interim signs shall meet the requirements of Section 911 except that green or silver paint may be used in lieu of galvanization for steel posts or structural shape posts. Within the limits of a single project, all metal posts shall be the same color. Wood posts are not required to be pressure treated. Interim posts may be either metric or English in dimensions. Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected by guardrail, portable barrier, impact attenuator or other type of positive barrier protection. Unprotected posts shall meet the breakaway requirements .of the "1994 AASHTO Standard Specifications for Structural Support for Highway Signs, Luminaries and Traffic Signals". Unprotected interim posts shall be spliced as shown in Detail lSQ-F unless full length unspliced posts are used. Unprotected post splices will not be permitted any higher than four inches above the ground line to lessen the possibility of affecting the undercarriage of a vehicle. Installation of posts may require establishment of openings in existing pavements, islands, shoulders etc. http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html 12/712007 First Use January 4,2000 Page 27 of 54 ':~;":;l~f...gr\~~_~J~~~J~~~~_1ii Jjh;:ii(lJ_~~'f_~!I~~UZ:- ~~,1:l;l .1. ;;', fi ,.; i!,: fJ ~ {{ I .' fZ .~; ~ it ~- j~ ~~ & :;~ ,-;.; ,}: ~ ,\~ /' u..cHA.~ SKIN l'OOl' '_'\ ~/. mm. POIIT Yl~ . ~. l.OCK ''Io! A8HE!!.. I ", ~ / ~~.W~ J <<1'ACI:!lt ('l'lJlOo..~ V AIllilS) (0l'11ONAL) 2 EA 5/l6' nu... ilOl.Tll FCa 11m CONHEcua.. U-CRANNEL ltiON l'OO1" ,< TRAFFIC FLOW 't ~ I '" MA.:X:Jl,{lJJ.{ STUB BBlOOT 0lIl.0lJND LINIl i-~ ~ ~ :~ ~ .~ -~ ~ 'i- ~~- " ~ Ii. ~ .~ Ii ~ ~ ~ ~ ?1 -~ fITlJlJ. 1'O!lT 1 '''''''''''''' ,,,.,,..,"'=....... U_ DETAIL 150-f 1,;. ,. . !,!.~"".'"..._~~<<!1iUU~Jlll'l1iI1IIil'IllIllii!!!n1l.d&1l><L i~W r- - - 2. Sign Blanks And Panels- Permanent mounting height of seven (7') feet- All sign blanks and panels shall conform to Section 912 of the Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1 and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardless of the sign type used. Alternative sign blank materials (composites, poly carbonates, fiberglass reinforced plastics, recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research for use as interim construction signs before these materials are allowed to be incorporated into the work unless these rigid sign blanks are currently approved as a crashworthy sign blank material under QPL 34. The back side of sign http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 15 O.html, 12/7/2007 First Use January 4, 2000 Page 28 of 54 panels shall be painted orange to prevent rust if other metals are used in lieu of aluminum. Plywood blanks or panels will not be permitted. The use of flexible signs will not be permitted for permanent mount height signs. Interim blanks and panels may be either metric or English in dimensions. 3, Portable Sign Mounting Devices, Portable Sign Blanks- All portable sign mounting devices and sign blanks utilized in the work shall be NCHRP 350 Test Level III compliant. All portable sign mounting devices and sign blanks shall be from the Qualified Products List. Any sign or sign mounting device shall have an identifying decal, logo, or manufacturer's stamping that clearly identifies the device as NCHRP 350 compliant. The Contractor may be required to provide certification from the Manufacturer as proof of NCHRP 350 compliance~ All portable signs shall be mounted according to height requirements of Subsection 1S0.03.D. G. SIGN VISIBILITY AND OFFSETS All existing, interim and new permanent signs shall be installed so as to be completely visible for an advance distance in compliance with the MUTCD. Any clearing required for maintaining the line of sight to existing, interim or permanent signs shall be done as part of the requirements of the TIC plan. The clearing shall include any advance warning signs, both interim and permanent, that are installed as a part of the work including advance warning signs that are installed outside the limits of the project. Any sign installed' behind W-beam or T-beam guardrail with non-breakaway posts shall be installed with the leading edge of the sign a minimum of four feet and three inches (4'3") behind the face of the guardrail with five feet (5') of clearance being desirable. Limbs, brush, construction equipment and materials shall be kept clear of the driver's line of sight to all signs that are part of the TIC plan. H. ADVANCE WARNING SIGNS: 1. All Type Of Highways Advance warning signs shall be placed ahead of the work area in accordance with Part VI of the MUTCD and shall include a series of at least three advance road work (W20-1) signs placed at the termini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET, AND 500 FEET). At grade intersecting roadways and on-ramps shall be signed with a minimum of one ROAD WORK AHEAD sign. When work terminates at a "T" intersection, a minimum of one "ROAD WORK AHEAD" sign shall be placed in advance of the intersection and one "END ROAD WORK" sign shall be placed at the termination end of the intersection. Field conditions may require the use of additional warning signage. Advanced Warning Signs on State Routes shall be a minimum dimension of 48 inches x 48 inches. When a State Route intersects a project which consists of adding travel lanes, reconstructing an existing roadway or new location work, the State Route approaches shall have a minimum of three (W20-1) advanced warning signs (1500 ft., 1000 ft., 500 ft.). The termination end of an intersecting State Route shall have END ROAD WORK signage. The W20-1 signs shall be placed at the termini of the project or sufficiently in advance of http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html 1217/2007 First Use January 4,2000 Page 2Y of 54 the termini to allow for lane shifts, lane closures and other activities which may also require advanced warning signs. The advanced warning signs for the project should not overlap with the advanced warning signs for lane shifts, lane closures, etc. The length of a workzone should be held to the minimum length required to accomplish the work. If a project has multiple individual worksites within the overall limits of the project, each site should be signed individually if the advance warning signs for each site can be installed without overlapping an adjacent worksite. As soon as the work is completed at any individual site the warning signs shall be removed from that site. Clean-up work and punchlist work shall be performed with porta ble signage. Project mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest whole mile. Projects less than two (2) miles in length or individual worksites that are part of a multiple worksite project may delete this sign. The G20-1 sign shall be 60" X 36" and the G20-2 sign shall be 48/1 X 24". 2. Interstate, Limited Access And Multilane Divided Highways In addition to the W20-1 signs required at 500 ft., 1000 ft. and 1500 ft., multi-lane divided highways shall also have additional advanced warning signs installed with the legend "ROAD WORK (2 MILES, 1 MILE and 1/2 MILE). All construction warning signs on divided highways shall be double indicated (i.e., on the left and right sides of the roadway.) If the use of the 112 mile, 1 mile and 2 mile advanced warning signs cause an overlap with other work or do not benefit field conditions then the Engineer may review the use of these signs and eliminate their installation. When the posted speed limit is 50 MPH or less, the 112 mile, 1 mile and 2 mile signs should be eliminated especially in urban areas. The W20-1 advance warning signs for ROAD WORK 500 FEET; 1000 FEET; and 1500 FEET shall be temporarily covered when work involving the advanced warning signs for lane shifts and lane closures overlap these signs. The ROAD WORK 112 MILE, ROAD WORK 1 MILE, and ROAD WORK 2 MILES shall be in place when the 500, 1000 and 1500 feet signs are temporarily covered. When the temporary traffic control zone already has advanced warning (W20-1) signs installed the W20-1 signs required for lane closures under Standard 9106 should be eliminated. RAMP WORK ON LIMITED ACCESS HIGHWAYS: The workzone shall not be signed for the entire length of the mainline of a limited access highway when only short individual worksites, interchange or ramp work is being performed. When work is restricted to ramp reconstruction or widening activities, the advance warning signs on the mainline section of the limited access highway shall be limited to the use of portable advance warning signs. These portable advance warning signs shall only be utilized when work activity is within the gore point of the ramp and the mainline traveled way or work is active in the accel/decel lane adjacent to the mainline traveled way. Portable advance warning signs (W20-1; 1500ft./1000 ft./500ft.) shall be installed on the traveled way of the limited access highway when the above conditions are present. The advance warning signs shall be installed only in one direction where work is active. All portable signs shall be double indicated. When work is not active, the ramp work shall be advanced warned by the use of a single 48 inch X 48 inch "RAMP WORK AHEAD" sign along the right shoulder of the mainline traveled way prior to the beginning of the taper for the decel lane. The "RAMP WORK AHEAD" sign shan be http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html 12/7 /2007 http://tomcat2.dot. state. ga. us/thesource/pdf/ special-provisi ons/ shelf/ sp 150. html 12/7/2007 FIrSt Use January 4,2000 Page 30 of 54 mounted at seven (7') feet in height. Differences in elevation shall be in compliance with the requirements of Subsection 1S0.06 prior to the removal of the portable (W20-1) advanced warning signs from the mainline. The G20-1 sign shall be eliminated on limited access highways when the work involves only ramp work, bridge reconstruction, bridge painting, bridge joint repairs, guardrail and anchor replacement or other site specific work which is confined to a short section of limited access highway. I. PORTABLE CHANGEABLE MESSAGE SIGN Unless specified as a paid item in the contract the use of a portable changeable message sign will not be required. When specified, a portable changeable message sign (PCMS) shall meet the minimum requirements of Section 632 and the MUTCD. The maximum amount of messages allowed to be flashed on one PCMS is two phases (flashes). The language and the timing of the messages shall comply with the MUTCD and Section 632. When used as an advanced device the PCMS should typically be placed ahead of the construction activities. If the PCMS is used as a substitute for another device then the requirements for the other device apply. J, FLASHING BEACON The flashing beacon assembly, when specified, shall, be used in' conjunction with construction warning signs, regulatory, or guide signs to inform traffic of special road conditions which require additional driver attention. The flashing beacon assembly shall be installed in accordance with the requirements of Section 647. K. RUMBLE STRIP SIGNAGE Signage for rumble strips located in the travelway shall be as required in Subsection 150.01.( and Subsection IS0.02.A.9. L. LOW/SOFT SHOULDER SIGNAGE Low or soft shoulder signs shall be utilized in accordance with the following conditions: CONSTRUCTION/RECONSTRUCTION PROJECTS: "LOW/SOFT SHOULDER/I signs shall be erected when a difference in elevation exceeds one (1") inch but does not exceed three (3") inches between the travelway and any type of shoulder unless the difference in elevation is four (4') feet or greater from the edge of the traveled way. The spacing of the signs shall not exceed one (1) mile and the signs shall be placed immediately past each crossroad intersection. The "Low/Soft" signs shall remain in place until the difference in elevation is eliminated and the shoulder has been dressed and permanently grassed for a minimum of thirty (30) calendar days. These signs shall be furnished, installed, maintained and removed by the Contractor as part of Traffic Control- , Lump Sum. These signs shall be orange with black borders and meet the reflectorization requirements of Subsection lSO.01.C. "SHOULDER DROP-OFF" (W8-9a) signs shall be used when a difference in elevation, less than four (4') feet from the traveled way, exceeds three (3") inches and is not protected by First Use January 4, 2000 Page 31 of 54 positive barrier protection. These warning signs shall be placed in advance of the drop-off. For a continuous drop-off condition, the W8-9a) signs shall, as a minimum, be spaced in accordance with the above requirements for "Low/soft shoulder" signs. PROJECTS CONSISTING PRIMARILY OF ASPHALTIC CONCRETE RESURFACING ITEMS: "LOW/SOFT SHOULDER" signs shall be erected when a difference in elevation exceeds one (1/1) inch but does not exceed three (3") inches between the travelway and any type of shoulder unless the difference in elevation is four (4') feet or greater from the edge of the traveled way. SHOULDER BUILDING INCLUDED IN THE CONTRACT: "Low/Soft Shoulder" signs shall be erected as per the requirement of Standards 9102, 9106, and 9107. "Shoulder Drop-off" signs (W8-9a) shall be erected as per the requirements of the MUTCD. These signs shall be maintained until the conditions requiring their installation have been eliminated. The Contractor shall remove all interim warning signs before final acceptance. SHOULDER BUILDING NOT INCLUDED IN THE CONTRACT: The Department will furnish the "Low/Soft Shoulder/l signs, "Shoulder Drop-off/l signs and the posts. The signs shall be erected to meet the minimum requirements of Subsection lS0.03. The Contractor shall include the cost of furnishing installation hardware (bolts, nuts, and washers), erection and maintenance of the signs in the bid price for Traffic Control- Lump Sum. The Contractor shall maintain the signs until final acceptance. The Department will remove the signs. LAU/LAR PROJECTS SHOULDER BUILDING NOT INCLUDED IN THE CONTRACT: The Contractor will furnish, install and maintain LOW/SOFT SHOULDER signs (yellow with black borders, ASTM Type III or IV) at the appropriate spacing, until Final Acceptance of the project by the Department. After Final Acceptance by the Department the signs will become the property and responsibility of the local government. M. BUMP SIGNAGE: MULTI-LANE DIVIDED HIGHWAYS: A bump sign (W8-1) shall be utilized when a transverse joint in the pavement structure has a vertical difference in elevation of three quarters (3/4/1) of an inch or greater in depth with no horizontal taper to ramp the traffic from one elevation to the other. This condition typically occurs at approach slabs during pavement milling operations and at transverse joints in asphaltic pavement lifts. TWO-LANE TWO-WAY HIGHWAYS: A bump sign (W8-1) shall be utilized when a transverse joint in the pavement structure has a vertical difference in elevation that exceeds one and three quarters (1-3/4/1) inches in depth with no horizontal taper to ramp the traffic from one elevation to the other. This includes utility and storm drainage repairs that require concrete placement for patching and/or steel plating. The (W8-1) sign shall be placed sufficiently in advance to warn the motorist of the condition. 150.04 PAVEMENT MARKINGS A. GENERAL Full pattern pavement markings in accordance with Section 652 and in conformance with http://tomcat2.dot.state.ga. us/thesource/pdf/specialyrovisions/shelf/sp 15 0 .html 1217/2007 First Use January 4,2000 Page 32 of 54 Section 3A and 3B, except 3B.02, of the MUTCD are required on all courses before the roadway is opened to traffic. No passing zones shall be marked to conform to Subsection 150.04. E. During construction and maintenance activities on all highways open to traffic, both existing markings and markings applied under this Section shall be fully maintained until Final Acceptance. If the pavement markings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering, or construction activities, they shall be restored immediately. 1. Resurfacing Projects Pavement markings shall be provided on all surfaces that are placed over existing' markings. Interim and final markings shall conform in type and location to the markings that existed prior to resurfacing unless changes or additions are noted in the Contract. The replacement of parking spaces will not be required unless a specific item or note has been included in the Contract. Any work to make additions to the markings that existed prior to resurfacing is to be considered as extra work. 2. Widening And Reconstruction Projects If the lane configuration is altered from the preconstruction layout then pavement markings will be as required by the plans or the Engineer. 3. New Location Construction Projects Pavement marking plans will be provided. B. MATERIALS All traffic striping applied under this Section shall be a minimum four inches in width or as shown in plans and shall conform to the requirements of Section 652, except as modified herein. Raised pavement markers (RPMs) shall meet the requirements of Sec:tion 9,54. Markings on the final surface course, which must be removed, shall be a removable type. The Contractor will be permitted to use paint, thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise directed by the Engineer. Partial (skip) reflectorization (i.e. reflectorizing only a portion of a stripe) will not be allowed. C. INSTALLATION AND REMOVAL OF PAVEMENT MARKINGS: INSTALLATION: All pavement markings, both interim and permanent, shall be applied to a clean surface. The Contractor shall furnish the layout and preline the roadway surface for the placement of pavement markings applied as part of the temporary traffic control plan. All interim marking tape and RPM's on the final surface shall be removed prior to the placement of the final markings. The Contractor shall sequence the work in such a manner as to allow the installation of markings in the final lane configuration at the earliest possible stage of the work. REMOVAL: Markings no longer applicable shall be removed in accordance with Subsection 656.2. THE_nEI.,.JJ:-1JJ'lATlQ~__OF ,_CO~EbIC]]NG PAVEMENT MARKINGS BY OY~.B.PAINTING WITH PAINT Q8._LIQUID ASPJ:lAl,I .lS,HQI ACCEPTABLE. INTERMEDIATE SURFACE: Interim markings shall be removed by methods that will cause minimal damage to the pavement surface while also ensuring that traveling public will not be confused or misdirected by any residual markings remaining on the intermediate surface. http://tomcat2.dot. state. ga. us/thesource/pdf/ special ~rovisions/ shelf/sp 150 .html 1217/2007 First Use January 4, 2000 Page 33 of 54 The use of approved black-out tape and black-out paint may be permitted on some interim surfaces, provided the results are satisfactory to the Engineer. FINAL SURFACE: No interim paint or thermoplastic markings will be permitted on any final surface unless the interim markings are in alignment with the location of the permanent markings and the interim marking will not interfere or adversely affect placement of the permanent markings. The proposed method of removal for layout errors that require markings to be removed from the final surface shall have the prior approval of the Engineer. Any damage to the final pavement surface caused by the pavement marking removal process shall be repaired at the Contractor's expense by methods acceptable and approved by the Engineer. Subsection 400.J.06.C shall apply when corrective measures are required. The use of black-out tape or black-out paint will not be permitted to correct layout errors on any final surface. Traffic shifts that are done on the final surface shall be accomplished using interim traffic marking tape that can be removed without any blemishing of the final surface. Interim traffic marking tape shall be used on any of the following final surfaces; asphaltic concrete, Portland cement concrete, and bridge deck surfaces. Exceptions to the requirements for interim traffic marking tape shall have the written prior approval of the Engineer before the application of any other method is permitted. PAY FACTOR REDUCTION FOR ASPHALTIC CONCRETE FINAL SURFACES: When the correction of an error in the layout of the final pavement markings requires the final surface to be grounded, blemished, scarred, or polished the pay factor shall be reduced to 0.95 for the entire surface area of the final topping that has a blemish, polished or a scarred surface. The reduced pay factor shall not be confined to only the width and length of the stripe or the dimensions of the blemished areas, the whole roadway surface shall have the reduced pay factor applied. The area of the reduced pay factor shall be determined by the total length and the total width of the roadway affected. If the affected area is not corrected, the reduction in pay shall be deducted from the final payment for the topping layer of asphaltic concrete. The Engineer shall make the final determination whether correction or a reduced pay factor is acceptable. The eradication of pavement markings on intermediate and final concrete surfaces shall be accomplished by a method that does not grind, polish, or blemish the surface of the concrete. The method used for the removal of the interim markings shall not spall chip the joints in the concrete and shall not damage the sealant in the joints. Any joint or sealant repairs shall be included in the bid price for Traffic Control-Lump Sum. The proposed method of removal shall have the prior approval of the Engineer. Failure to promptly remove conflicting or non-applicable pavement markings shall be considered as non-performance under Subsection lS0.08. PREPARATION AND PLANNING FOR TRAFFIC SHIFTS: When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall be removed prior to, during, or immediately after any change so as to present the least interference with traffic. Interim traffic marking tape shall be used as a temporary substitute for the traffic markings being removed. Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the project for immediate use. If marking removal equipment failures occur, the equipment shall be repaired or replaced (including leasing equipment if necessary), so that the removal can be accomplished without delay. http://tomcat2.dot. state.ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html 12/7 /2007 First Use January 4,2000 Page 34 of 54 Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course, when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid for only once and further traffic shifts in the same area shall be accomplished with removable markings. Only the minimum asphaltic concrete thickness required to cover lines will be allowed. Excessive build-up will not be permitted. When an overlay for the sole purpose of eliminating conflicting markings is not allowed, the markings no longer applicable shall be removed in accordance with Subsection 656.2. D, RAISED PAVEMENT MARKERS Raised pavement markers (RPMs) are required as listed below for all asphaltic concrete pavements before the roadway is open to traffic. On the final surface, RPM's shall be placed according to the timeframes specified in 150.04 E. for full pattern pavement markings except Interstate Highways where RPM's shall be placed and/or maintained when the roadway is open to traffic. When Portland Cement Concrete is an intermediate or final surface and is open to traffic, one calendar day is allowed for cleaning and drying before the installation of RPMs is required. ' Raised pavement markers are not allowed on the right edge lines under any situation. 1. Interstate Highways Retro-reflective raised pavement markers (RPM's) shall be placed and/or maintained on intermediate pavements surfaces on all interstate highways that are open to traffic. This includes all resurfacing projects along with widening and reconstruction projects. The spacing and placement shall be as required for MULTI-LANE DIVIDED HIGHWAYS. 2, Multi-Lane Divided Highways Retro'"reflective raised pavement markers (RPMs) shall be placed and/or maintained on intermediate pavement surfaces on all multi-lane divided highways that are opened to traffic when these roadways are being widened or reconstructed. Two lane-two way roadways that are being widened to a multi-lane facility, whether divided or undivided, are included in this provision. Projects consisting primarily of asphalt resurfacing items or shoulder widening items are excluded from this requirement. The RPMs shall be placed as follows: a. SUPPLEMENTING LANE LINES 80 foot center on skip lines with curvature less than three degrees. (Includes tangents) 40 foot centers on solid lines and all lines with curvature between three degrees and six degrees. 20 foot centers on curves over six degrees. 20 foot centers on lane transitions or shifts. b. SUPPLEMENTING RAMP GORE LINES http://tomcat2.dot.state.ga.us/thesource/pdf/special-provisions/shelf/sp 150 .html 12/7 /2007 http://tomcat2.dot. state.ga. us/thesource/pdf/specialyrovisions/shelf/sp 150 .html 12/7/2007 First Use January 4, 2000 Page 35 of 54 20 foot centers, two each, placed side by side. c. OTHER LINES As shown on the plans or directed by the Engineer. 3, Other Highways On other highways under construction RPMs shall be used and/or maintained on intermediate pavement surfaces as follows: a. SUPPLEMENTING LANE LINES AND SOLID LINES 40 foot centers except on lane shifts. (When required in the Plans or Contract.) 20 foot centers on lane shifts. (Required in all cases.) b. SUPPLEMENTING DOUBLE SOLID LINES 40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans or Contract.) 20 foot centers on lane shifts. (Required in all cases.) E. EXCEPTIONS FOR INTERIM MARKINGS Some exceptions to the time of placement and pattern of markings are permitted as noted below, however, full pattern pavement markings are required for the completed project. 1. Two-Lane, Two-Way Roadways a. SKIP LINES All interim skip (broken) stripe shall conform to Section 652 except that stripes shall be at least two feet long with a maximum gap of 38 feet. On curves greater than six degrees, a one-foot stripe with a maximum gap of 19 feet shall be used. In lane shift areas solid lines will be required. Interim skip lines shall be replaced with markings in full compliance with Section 652 prior to expiration of the 14 calendar day period. Interim raised pavement markers may be substituted for the interim skip (broken) stripes. If raised pavement markers are substituted for the two foot interim skip stripe, three markers spaced at equal intervals over a two feet distance will be required. No separate payment will be made if the interim raised pavement markers are substituted for interim skip lines. Interim raised pavement markers shall be retro-reflective, shall be the same color as the pavement markers for which they are substituted, and shall be visible during daytime. The type of interim marker and method of attachment to the pavement shall be approved by the Office of Materials and Research but in no case will the markers be attached by the use of nails. Flexible reflective markers, Type 14 or Type 15, may First Use January 4, 2000 Page 36 of 54 be used for a maximum of fourteen (14) calendar days as an interim marker. Any flexible reflective markers in use shall be from the qualified products list (QPL). The interim raised pavement markers shall be maintained until the full pattern pavement markings are applied. At the time full pattern markings are applied the interim raised markers shall be removed in a manner that will not interfere with application of the full pattern pavement markings. b. NO PASSING ZONES-TWO-LANE, TWO-WAY ROADWAYS Passing zones shall be re-established in the locations existing prior to resurfacing. No changes to the location of passing zones shall be done without the written approval of the Engineer. For periods not to exceed three calendar days where interim skip centerlines are in place, no-passing zones shall be identified by using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the beginning and at intervals not to exceed '12 mile within each no-passing zone. A post or portable mounted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be placed at the end of each no-passing zone. Post mounted signs shall be placed in accordance with the MUTCD. Portable signs shall conform to the requirements of the MUTCD and shall be NCHRP 350 compliant. Portable signs shall be secured in such a manner to prevent misalignment and minimize the possibility of being blown over by weather conditions or traffic. On new location projects and on projects where either horizontal or vertical alignments has been modified, the location of No-Passing Zones will be identified by the Engineer. c. EDGELINES 1) Bituminous Surface Treatment Paving Edgelines will not be required on intermediate surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that are in use for a period of less than 60 calendar days except at bridge approaches, on lane transitions, lane shifts, and in such other areas as determined by the Engineer. On the final surface, edgelines shall be placed within 30 calendar days of the time that the final surface was placed. 2) All Other Types of Pavement Edgelines will not be required on intermediate surfaces that are in use for a period of less than 30 calendar days except at bridge approaches, on lane transitions, lane shifts, and in such other areas as determined by the Engineer. On the final surface, edgelines shall be placed within 14 calendar days of the time that the surface was placed. 2. Multi-Lane Highways - With No Paved Shoulder(S) Or Paved Shoulder(S) Four Feet Or Less a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE) 1) Centerlines and No-Passing Barrier-Full Pattern centerlines and no-passing barriers shall be restored before opening to traffic. 2) Lanelines- Interim skip (broken) stripe as described in Subsection lS0.04E.1.a. may be used for periods not to exceed three calendar days. Skiplines are not http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html 12/7 /2007 tIfst Use January 4, 2000 Page 37 of 54 permitted in lane shift areas. Solid lines shall be used. 3) Edgelines- Edgelines shall be placed on intermediate and final surfaces within three calendar days of obliteration. b. DIVIDED HIGHWAYS (GRASS OR RAISED MEDIAN) 1) Lanelines- Full pattern skip stripe shall be restored before opening to traffic. Skip lines are not permitted in lane shift areas. Solid lines shall be required. 2) Centerline/Edgeline- Solid lines shall be placed on intermediate and final surfaces within three calendar days of obliteration. 3. Limited Access Roadways And Roadways With Paved Shoulders Greater Than Four Feet a. Same as Subsection lSO.04.E.2 except as noted in (b) below. b. EDGELINES- 1) Asphaltic Concrete Pavement- Edgelines shall be placed on intermediate and final surfaces prior to opening to traffic. 2) Portland Cement Concrete Pavement- Edgelines shall be placed on any surface open to traffic no later than one calendar day after work is completed on a section of roadway. All water and residue shall be removed prior to daily striping. 4. Ramps For Multi-Lane Divided Highways A minimum of one solid line edge stripe shall be placed on any intermediate surface of a ramp prior to opening the ramp to traffic. The other edge stripe may be omitted for a maximum period of three (3) calendar days on an intermediate surface. Appropriate channelization devices shall be spaced at a maximum of twenty-five (25') feet intervals until the other stripe has been installed. The final surface shall have both stripes placed prior to opening the ramp to traffic. 5. MISCELLANEOUS PAVEMENT MARKINGS: FINAL SURFACE: School zones, railroads, stop bars, symbols, words and other similar markings shall be placed on final surfaces conforming to Section 652 within fourteen (14) calendar days of completion of the final surface. Final markings shall conform to the type of pay item in the plans. When no pay item exists in the plans the final markings shall conform to Section 652 for painted markings. INTERMEDIATE SURFACE: Intermediate surfaces that will be in use for more than forty- five (45) calendar days shall have the miscellaneous pavement markings installed to conform to the requirement of Section 652. Under Subsection 150.11, Special Conditions, or as directed by the Engineer these markings may be eliminated. F, MOBILE OPERATIONS When pavement markings (centerlines, lane lines, and edgelines) are applied in a continuous operation by moving vehicles and equipment, the following minimum equipment and http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 150.html 12/7 /2007 FIrst Use January 4, 2000 Page 38 of 54 warning devices shall be required. These devices and equipment are in addition to the minimum requirements of the MUTCD. 1. All Roadways All vehicles shall be equipped with the official slow moving vehicle symbol sign. All vehicles shall have a minimum of two flashing or rotating beacons visible in all directions. All protection vehicles shall have an arrow panel mounted on the rear. All vehicles requiring an arrow panel shall have, as a minimum, a Type B panel. All vehicle mounted signs shall be mounted with the bottom of the sign a minimum height of forty- eight inches (48") above the pavement. All sign legends shall be covered or removed from view when work is not in progress. 2. Two-Lane Two-Way Roadways a. Lead Vehicles The lead vehicle may be a separate vehicle or the work vehicle applying the pavement markings may be used as the lead vehicle. The lead vehicle shall have an arrow panel mounted so that the panel is easily visible to oncoming (approaching) traffic. The arrow panel should typically operate in the caution mode. b. Work Vehicles The work vehicle(s) applying markings shall have an arrow panel mounted on the rear. The arrow panel should typically operate in the caution mode. The work vehicle placing cones shall follow directly behind the work vehicle applying the markings. c. Protection Vehicles A protection vehicle may follow the cone work vehicle when the cones are being placed and may follow when the cones are being removed. 3. MULTI-LANE ROADWAYS A lead vehicle may be used but is not required. The work vehicle placing cones shall follow directly behind the work vehicle applying the markings. A protection vehicle that does not function as a work vehicle should follow the cone work vehicle when traffic cones are being placed. A protection vehicle should follow the cone work vehicle when the cones are being removed from the roadway. Protection vehicles shall display a sign on the rear of the vehicle with the legend PASS ON LEFT(RIGHT). INTERSTATES AND LIMITED ACCESS ROADWAYS: A protection vehicle shall follow the last work vehicle at all times and shall be equipped with a truck mounted attenuator that is certified for impacts not less than 62 mph in accordance with NCHRP350 Test Level Three (3). 150.05 CHANNELIZATION A. GENERAL Channelization shall clearly delineate the travelway through the work zone and alert drivers and pedestrians to conditions created by work activities in or near the travel way. Channelization shall be done in accordance with the plans and specifications, the MUTCD, and the following requirements. All Channelization Devices utilized on any project shall be NCHRP 350 compliant. Any device http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html 12/712007 First Use January 4, 2000 Page 39 of 54 used on the Work shall be from the Qualified Products List. All devices utilized on the work shall have a decal, logo, or manufacturer's stamping that clearly identifies the device as NCHRP 350 compliant. The Contractor may be required to furnish certification from the Manufacturer for any device to prove NCHRP 350 compliance. 1. Types of Devices Permitted for Channelization in Construction Work Zones: a. DRUMS: 1) DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be reflectorized as required in Subsection 150.01.C. The upper edge of the top reflectorized stripe on the drum shall be located a minimum of 33 inches above the surface of the roadway. A minimum drum diameter of 18 inches shall be maintained for a minimum of 34 inches above the roadway. 2) APPLICATION: Drums shall be used as the required channelizing device to delineate the full length of a lane closure, shift, or encroachment, except as modified by this Subsection. 3) . TRANSITION TAPERS FOR LANE CLOSURES: Drums shall be used on all transition tapers. The minimum length for a merging taper for a lane closure on the travelway shall be as shown in Table 150-1: TABLE 150-1 Posted Lane Lane Lane Lane Maximum Drum Speed Width Width Width Width Spacing in Tapers, Limit, MPH 9 Feet 10 Feet 11 Feet 12 Feet (Feet) Minimum Taper Lenqth (L) in Feet 20 60 70 75 80 20 25 95 105 115 125 25 30 135 150 165 180 30 35 185 205 225 245 35 40 240 270 295 320 40 45 405 450 495 540 45 50 450 500 550 600 50 55 495 550 605 660 55 60 540 600 660 720 60 65 585 650 715 780 65 70 630 700 770 840 70 75 675 750 825 900 75 If site conditions require a longer taper then the taper shall be lengthened to fit particular individual situations. http://tomcat2.doLstate. ga. us/thesource/pdf/special-provisions/ shelf/ sp 150 .html 12/7/2007 http://tomcat2.dot. state. ga. us/thesource/pdf/ special yrovisions/ shelf/ sp 15 O.html 12/7 /2007 First Use January 4, 2000 Page 40 of 54 The length of shifting tapers should be at least 112 L. The length of a closed lane or lanes, excluding the transition taper(s), shall be limited to a total of two (2) miles. Prior approval must be obtained from the Engineer before this length can be increased. Night time conditions: When a merge taper exists into the night all drums located in the taper shall have, for the length of the taper only, a six (6") inch fluorescent orange (ASTM Type VI, VII, VIII, IX or X) reflectorized top stripe on each drum. The top six-inch stripe may be temporarily attached to the drum while in use in a taper. All drums that have the six-inch top stripe permanently attached shall not be used for any other conditions. Multiple Lane Closures: (a) A maximum of one lane at a time shall be closed with each merge taper. (b) A minimum tangent length of 2 L shall be installed between each individual lane closure taper. 4) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for various roadside work conditions except as modified by Subsection lSO.06. Spacing shall be used for situations meeting any of the conditions listed as follows: (a) 40 FOOT SPACING MAXIMUM (1) For difference in elevation exceeding two inches. (2) For healed sections no steeper than 4: 1 as shown in Subsection lSO.06, Detail ISO-E. (b) 80 FOOT SPACING MAXIMUM (1) For difference in elevation of two inches or less. (2) Flush areas where equipment or workers are within ten feet of the travel lane. (c) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane. (1) For paved areas eight feet or greater in width that are paved flush with a standard width travel lane. (2) For disturbed shoulder areas not completed to typical section that are flush to the travel lane and considered a usable shoulder. REMOVAL OF DRUMS: Drums may be removed after shoulders are completed to typical section and grassed. Guardrail and other safety devices shall be installed and appropriate signs advising of conditions such as soft or low shoulder shall be posted. First Use January 4, 2000 Page 41 of 54 before the drums are removed. b. VERTICAL PANELS 1) DESGN: All vertical panels shall meet the minimum requirements of the MUTCD. All vertical panels shall have a minimum of 270 square inches of retro-reflective area facing the traffic and shall be mounted with the top of the reflective panel a minimum of 36" above the roadway. 2) APPLICATION: Lane encroachment by the drum on the travel way should permit a remaining lane width of ten feet. When encroachment reduces the travelway to less than ten feet, vertical panels shall be used to restore the travelway to ten feet or greater. No other application of vertical panels will be permitted. c. CONES 1) DESIGN: All cones shall be a minimum of 28 inches in height regardless of application and shall meetthe requirement of the MUTCD. Reflectorization may be deleted from all cones. 2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime work will not be permitted. Cones shall not be stored or allowed to be visible on the worksite during nighttime hours. d. BARRICADES DESIGN: Type III barricades shall meet the minimum requirements of the MUTCD and shall be reflectorized as required in Subsection 1S0.01.C. The Contractor has the option of choosing Type III barricades from the Qualified Products List or the Contractor may utilize generic barricades that are approved by the Federal Highway Administration (FHWA). When barricades have been specifically crash tested with signs attached, the contractor has the responsibility to attach the signs as per the manufacturer's recommendations to ensure crashworthiness. If signs are attached to generic barricades or to barricades from the Qualified Products List (QPL) that have not been crash tested with signs attached then the responsibility for crashworthiness and the liability for mounting these signs to the barricades are assumed by the Contractor and the Contractor shall certify that the barricades are crashworthy under FHWA workzone guidelines for NCHRP 350 crash worthy compliance. Any generic barricades used in the work shall be stamped or stenciled to show compliance with NCHRP 350. The use of Type I and Type II barricades will not be permitted. 1) APPLICATION: Type III barricades shall be placed as required by the plans, the Standards, and as directed by the Engineer. All signs mounted on barricades shall be mounted to comply with the requirements of the MUTCD and NCHRP 350 Test Level III. NCHRP 350 crash worthy compliance may require that rigid signs be mounted separate from the Type III barricade. When a barricade is placed so that it is subject to side impact from a vehicle, a drum shall be placed at the side of the barricade to add target value to the barricade. http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 150. html 12/7 /2007 !<lrst Use January 4, 2000 Page 42 of 54 e. WARNING LIGHTS: 1) DESIGN: All warning lights shall meet the requirements of the MUTCD. 2) APPLICATION (a) Type A low-intensity flashing lights shall be used as shown in the Plans, the Standards, and as directed by the Engineer. Flashing lights are not required for advance warning signs in Subsection lSO.03.H. (b) Type C Steady-Burn lights shall be used as shown in the Plans, the Standards, and as directed by the Engineer. Steady-burn lights are not required on drums for merging tapers that exist into the night. f. TEMPORARY BARRIERS 1) DESIGN: Temporary barriers shall meet the requirements of Sections 620. 2) APPLICATION: Temporary barriers shall be placed as required by the plans, standards, and as directed by the Engineer. When Temporary barrier is located 20 feet or less from a travel lane, yellow reflectors shall be fixed to the top of the barrier at intervals not greater than 40 feet in the longitudinal section and 20 feet in the taper section and shall be mounted approximately two inches above the barrier. If both lanes of a two-lane two-way roadway are within 20 feet or less of the barrier then the reflectors shall be installed for both directions of traffic. The reflectors shall be 100 square inches (ASTM Type VII or VIII) reflective sheeting mounted on flat-sheet blanks. The reflectors shall be mounted approximately two inches above the top of the barrier. The reflectors shall be attached to the barrier with adhesive or by a drilled-in anchor type device. The reflectors shall not be attached to a post or board that is placed between the gap in the barrier sections. Approach end of Temporary barrier shall be flared or protected by an impact attenuator (crash cushion) or other approved treatment in accordance with Construction Details/Standards and Standard Specifications. On interstate or other controlled access highways where lane shifts or crossovers cause opposing traffic to be separated by less than 40 ft., portable barrier shall be used as a separator. B. PORTABLE IMPACT ATTENUATORS: 1. DESCRIPTION This work consists of the furnishing (including spare parts), installation, maintenance, relocation, reuse as required, and removal of Portable Impact Attenuator Units/Arrays. 2, MATERIALS Materials used in the Attenuator shall meet the requirements of Section 648 for Portable Impact Attenuators. http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html 121712007 First Use January 4, 2000 Page 43 of 54 3. CONSTRUCTION Portable Impact Attenuator Unit/Arrays installation shall conform to the requirements of Section 648, Manufacturer's recommendations and Georgia Standard 4960 and shall be installed at locations designated by the Engineer, and/or as shown on the plans. C. TEMPORARY GUARDRAIL ANCHORAGE- Type 12: 1. DESCRIPTION This work consists of the furnishing, installation, maintenance and removal or Temporary Guardrail Anchorage- Type 12 used for Portable Barrier or temporary guardrail end treatment. 2, MATERIALS Materials used in the Temporary Guardrail Anchorage- Type 12 shall meet the requirements of Subsection 641.2 of the Specifications and current Georgia Standards and may be new or used. Materials salvaged from the Project which meet the requirements of Standards may be utilized if available. The use of any salvaged materials will require prior approval ofthe Engineer. 3. CONSTRUCTION Installation of the Temporary Guardrail Anchorage- Type 12 shall conform to the requirements of the Plans, current Georgia Standards and Subsection 641.3 of the Specifications. Installation shall also include sufficient additional guardrail and appurtenances to effect the transition and connection to Temporary Concrete Barrier as required by the details in Georgia Standard 4960. 150.06 DIFFERENCES IN ELEVATION BETWEEN TRAVEL LANES AND SHOULDERS (SEE SUBSECTION lSO.OG.G FOR PROJECTS CONSISTING PRIMARILY OF ASPHALTIC CONCRETE RESURFACING ITEMS) Any type of work such as paving, grinding, trenching, or excavation that creates a difference in elevation between travel lanes or between the travelway and the shoulder shall not begin until the Contractor is prepared and able to continuously place the required typical section to within two inches (2/1) of the existing pavement elevation. For any areas that the two inches minimum difference in elevation cannot be accomplished the section shall be healed as shown in Detail 150-E. If crushed stone materials are used to provide a healed section no separate payment will be made for the material used to heal any section. The Contractor may submit a plan to utilize existing pay items for crushed stone provided the plan clearly demonstrates that the materials used to heal an area will be incorporated into the work with minimal waste. Handling and hauling of any crushed stone used to heal shall be kept to a minimum. The Engineer shall determine if the crushed stone used to heal meets the specifications for gradation and quality when the material is placed in the final location. . A maximum of sixty (60) calendar days shall be allowed for conditions to exist that require any section or segment of the roadway or ramp to continue to require a healed section as described by Detail lSO-E. Failure to meet this requirement shall be considered as non-performance of Work under Subsection 150.08. When trenching or excavation for minor roadway or shoulder widening is required, all operations at one site shall be completed to the level of the existing pavement in the same work day. Any channelization devices utilized in the work shall conform to the requirements of Subsection lS0.0S and to the placement and spacing requirements in Details lS0-B, 1S0-C, 1S0-D, and lSO- http://tomcat2.dot.state.ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html 1217/2007 First Use January 4, 2000 Page 44 of 54 E shown in this section. Any construction activity that reduces the width of a travel lane shall require the use of a W-20 sign with the legend "LEFT/RIGHT LANE NARROWS". Two 24" x 24" red or red/orange flags may be mounted above the W-20 sign. The W-20 sign shall be located on the side of the travelway that has been reduced in width just off the travelway edge of pavement. The W-20 sign shall be a minimum of 500 feet in advance of any channelization devices that encroach on the surface of travelway. A portable changeable message sign may be used in lieu of the W-20 sign. GENERAL/TIME RESTRICTIONS: A, STONE BASES, SOIL AGGREGATE BASE AND SOIL BASES 1. All Highways Differences in elevation of more than two inches between surfaces carrying or adjacent to traffic will not be allowed for more than a 24-hour period. A single length of excavated area that does not exceed 1000 feet in total length may be left open as a start up area for periods not to exceed 48 hours provided the Contractor can demonstrate the ability to continuously excavate and backfill in a proficient manner. Prior approval of the Engineer shall be obtained before any startup area may be allowed. 2. LIMITED ACCESS HIGHWAY RAMPS (INTERSTATES): On projects that include ramp rehabilitation work, one ramp ata time may be excavated for the entire length of the ramp from the gore point of the ramp with the interstate mainline to the intersection with the crossing highway. This single ramp may remain excavated with a vertical difference in elevation greater than two (2") inches for a maximum of fourteen (14) calendar days with drums spaced at twenty (20') feet intervals as shown in Detail 150-B and a buffer space accepted under Section 150.06.F. After fourteen (14) calendar days the section shall be healed as required for all other highways. This area will be allowed in addition to the 1000 feet allowed for all other highways. B. ASPHALT BASES, BINDERS AND TOPPINGS 1. DIFFERENCES IN ELEVATION BETWEEN THE SURFACES OF ADJACENT TRAVELWAYS Travel lanes shall be paved with a plan that minimizes any difference in elevation between adjacent travel lanes. The following limitations will be required on all work: a. Differences of two inches (2/1) or less may remain for a maximum period of fourteen (14) calendar days. b. Differences of greater than two inches (2/1) shall be permitted for continuous operations only. EMERGENCY SITUATIONS: Inclement weather, traffic accidents, and other events beyond the control of the Contractor may prevent the work from being completed as required above. The Contractor shall notify the Engineer in writing stating the conditions and reasons that have prevented the Contractor from complying with the time limitations. The Contractor shall also outline a plan detailing immediate steps to complete the work. Failure to correct these conditions on the first calendar day that conditions will allow corrective work shall be considered as non-performance of Work under Subsection lSO.OS. http://tomcat2.dot. state. ga. us/thesource/pdf/special-provisions/ shelf/ sp 150. html 12/7 /2007 http://tomcat2.dot.state.ga. us/thesource/pdf/special--provisions/shelf/sp 150 .html 1217/2007 First Use January 4, 2000 Page 45 of 54 2, Differences in Elevation Between Asphalt Travelway and Paved Shoulders Differences in elevation between the asphalt travelway and asphalt paved shoulders shall not be allowed to exist beyond the maximum durations outlined below for the conditions shown in Details 150-8, 150-C, lSO-D, and lSO-E: Detail 150-B conditions shall not be allowed for more than 24 hours. A single length that does not exceed 1000 feet in total length may be left open for periods not to exceed 48 hours provided the Contractor can demonstrate the ability to continuously pave in a proficient manner. Prior approval of the Engineer shall be obtained before any section is allowed to exceed 24 hours. Any other disturbed shoulder areas shall be healed as in Detail lSO-E. Detail 150-C conditions will not be allowed for more than 48 hours. Detail lSO-D conditions will not be allowed for more than 30 calendar days. Detail IS0-E conditions will not be allowed for more than 60 calendar days. Failure to meet these requirements shall be considered as non-performance of Work under Subsection IS0.0S. C. PORTLAND CEMENT CONCRETE Work adjacent to a Portland Cement Concrete traveled way which involves the following types of base and shoulders shall be accomplished according to the time restrictions outlined for each type of base or shoulder. Traffic control devices shall be in accordance with Subsection IS0.0S. 1. Cement Stabilized Base Work adjacent to the traveled way shall be healed as per Deta iI lS0- E within forty-eight (48) hours after the seven (7) calendar day curing period is complete for each section placed. During the placement and curing period, traffic control shall be in accordance Detail ISO-B. 2. Asphaltic Concrete Base When an asphaltic concrete base is utilized in lieu of a cement stabilized base the asphaltic concrete base shall be healed as per Detail lSO-E within forty-eight (48) hours after the placement of each section of asphaltic concrete base. For the First forty eight hours traffic control shall be in compliance with Detail lSO-B. 3. Concrete Paved Shoulders Concrete paved shoulders shall be placed within sixty (60) calendar days after the removal of each section of existing shoulder regardless of the type of base materials being placed on the shoulders. During the placement period, traffic control devices shall be in accordance with the appropriate detail based on the depth of the change in elevation. Differences in elevation of more than two inches between the travel way and the shoulder will not be allowed for more than a 24-hour period. A single length of excavated area that does not exceed 1000 feet in total length may be left open as a start up area for periods not to exceed 48 hours provided the Contractor can demonstrate the ability to continuously excavate and backfill in a proficient manner. Prior approval of the Engineer shall be obtained before any startup area may be allowed. Any other disturbed shoulder areas shall be healed as in Detail lSO-E. First Use January 4, 2000 Page 46 of 54 4. Asphaltic Concrete Shoulders A difference in elevation that meets the requirements of Detail lS0-B shall not be allowed to exist for a period greater than forty-eight (48) hours. After the removal of the existing shoulder the section or segment of travelway may be healed with stone as per Detail lSO-E for a maximum of fourteen (14) calendar days. Asphaltic concrete shoulders shall be placed within two (2") inches or less of the traveled way surface within fourteen (14) calendar days after the removal of the stone healed section or the removal of each section of the existing shoulder. The two (2") inches or less difference in elevation shall not remain in existence for a period that exceeds thirty (30) calendar days unless the paved shoulder is utilized as a detour for the traveled way. During the placement period, traffic control shall be in accordance with the appropriate detail based on the depth of the change in elevation. The Contractor may propose an alternate plan based on Subsection lSO.06. F. Failure to meet the above requirements and time restrictions shall be considered as non- performance of Work under Subsection iS0.08. O. MISCELLANEOUS ELEVATION DIFFERENTIALS FOR EXCAVATIONS ADJACENT TO THE TRAVELWAY Drainage structures, utility facilities, or any other work which results in a difference in elevation adjacent to the travelway shall be planned and coordinated to be performed in such a manner to minimize the time traffic is exposed to this condition. The excavation should be back filled to the minimum requirements of Detail 150-E as soon as practical. Stage construction such as plating or backfilling the incomplete work may be required. The difference in elevation shall not be allowed to exist for more than five (5) calendar days under any circumstances. Failure to correct this condition shall be considered as non-performance of Work under Subsection lSO.08. E. CONDUIT INSTALLATION IN PAVED AND DIRT SHOULDERS The installation of conduit and conduit systems along the shoulders of a traveled way shall be planned and installed in a manner to minimize the length of time that traffic is exposed to a difference in elevation condition. The following restrictions and limitations shall apply: 1. Differences in Elevation of Two (2") Inches or Less The shoulder may remain open when workers are not present. When workers are present the shoulder shall be closed and the channelization devices shall meet the requirements of Subsection iS0.0S. The difference in elevation on the shoulder shall remain for a maximum period of fourteen (14) calendar days. 2. Differences in Elevation Greater Than Two (2") Inches The shoulder shall be closed. The shoulder closure shall not exceed twenty-four (24) hours in duration unless the Special Conditions in Subsection 150.11 modifies this restriction or the Engineer allows the work to be considered as a continuous operation. Failure to meet these requirements shall be considered as non-performance of Work under Subsection lSQ,08. F. MODIFICATIONS TO DETAILS 150-8, 150-C, 150-0 AND 150-E http://tomcat2.dot. state.ga. us/thesource/pdf/special yrovisions/shelf/sp 150 .html 12/7/2007 First Use January 4,2000 Page 47 of 54 The Contractor may propose any alternate temporary traffic control plan that utilizes a portion of the travel lane as a "buffer space/l. This buffer space may allow for an enhanced work area that will allow for the placement of materials to proceed at a pace that could not be achieved with the time restriction requirements outlined in Section 150.06.A, lSO.06.B, and IS0.06.C. The Contractor may propose modified time restrictions based on the use of the buffer space. Any proposed modifications in the time duration allowed for the differences in elevations to exist shall be reviewed by the Engineer as a component of the overall TIC plan. No modifications shall be made until the proposed plan is accepted by the Engineer. The Engineer shall have no obligation to consider any proposal which results in an increase in cost to the Department. For the travel lane described in each of the details lS0-B, 1S0-C, 150-D and 150-E it is presumed that the pavement marking edgeline (yellow or white solid stripe) is located at the very edge of the travel lane surface. A buffer space (temporary paved shoulder) that utilizes a portion of the travel lane should be six (6') feet in width desirable but shall not be less than four (4') feet in width. Any remaining travellane(s) shall not be less than ten (10') feet in width. If the proposed shifting of the traffic to obtain a buffer space and maintain a minimum travel lane(s) of ten (10') feet requires the use of any existing paved shoulders then the cost of maintenance and repair of the existing paved shoulder(s) shall be the responsibility of the Contractor. The Contractor is responsible for the costs of maintenance and repairs even if the existing paved shoulder(s) is to be removed in a later stage of the work. Existing shoulders that have rumble strips shall have the rumble strips removed before the shoulder can be utilized as part of the travel lane. The cost of the removal of the rumble strips shall be done at no cost to the Department even if the shoulder is to be removed in a later stage of the work. Any modifications to the staging and time restrictions that are approved as part of the TIC plan shall be agreed to in writing. Failure to meet these modifications shall be considered as non-performance of the Work under Subsection lSO.08. G. ASPHALTIC CONCRETE RESURFACING PROJECTS SHOULDER CONSTRUCTION INCLUDED AS A PART OF THE CONTRACT: When the placement of asphaltic concrete materials creates a difference in elevation greater than two (2") inches between the earth shoulder (grassed or un-grassed) and the edge of travelway or between the earth shoulder and a paved shoulder that is less than four (4') feet in width, the Contractor shall place and maintain drums in accordance with the requirements of Subsection 150.05A.1.aA). When the edge of the paved surface is tapered with a 30-45 degree wedge, drums may be spaced at 2.0 times the speed limit in MPH. Drums shall remain in place and be maintained until the difference in elevation has been eliminated by the placement of the appropriate shoulder materials. SHOULDER CONSTRUCTION NOT INCLUDED AS A PART OF THE CONTRACT: When the placement of asphaltic concrete materials creates a difference in elevation greater than two (2") inches between the earth shoulder (grassed or un-grassed) and the edge of travelway or between the earth shoulder and a paved shoulder that is less than four (4') feet in width, the Contractor shall notify the Engineer, in writing, when the resurfacing work including all punchlist items has been completed. See Subsection IS0.03.L for the requirements for "LOW/SOFT SHOULDERS" and "SHOULDER DROP-OFF" signage. http://tomcat2.dot.state.ga. us/thesource/pdf/special yrovisions/shelf/sp 150 .html 12/7/2007 First Use January 4, 2000 Page 48 of 54 http://tomcat2.dot. state.ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html 1217/2007 First Use January 4, 2000 Location of drums when Elevation Difference exceeds 4 inches. Drums spaced at 20 foot intervals. Note: If the travel way width is reduced to less than 10 feet by the use of drums, vertical panels shall be used in lieu of drums. / f I New Construction f-------::::::::::::::::::~ I Travel Lane . .. . . .. .. ELEV A TION DIFFERENCE GREATER THAN 4 INCHES DETAIL 150-8 Dmms spaced at 40 foot intervals. Location of drums when Elevation Difference is 2+ inches to 4 inches. 6 inches :!: ~---------------------------~ -------------------------~ .1. New Constmction Travel Lane .. .. . . ELEY AnQNJ)IEEEJ~.ENCE_2,:t to 4 inches QE.IAIL__liQ:C http://tomcat2.dot. state. ga. us/thesource/pdf/ special--provisions/ shelf/ sp 150 .html Page 49 of 54 1217/2007 First Use January 4, 2000 Page 50 of 54 Drums spaced at 80 foot intervals. Location of drums when Elevation Difference is 2 inches or less. 4 feet :l: New Construction ~-------------------------I-- . -------------------------- .1. Travel Lane .. .. . . ELEYATlQN.DJUE_REN"-C:.IlOF 2 INCHES OR LESS DETAIL 150-D Location of drums immediately after completion of healed sections spaced at 40 foot intervals. Compacted graded aggregate, subbase material or dirt. .- =\ TOP OF DRUM TO BE LEVEL NO STEEPER THAN 4: I 2 feet :l: New Construction -------------------------1-- -------------------------- .1. Travel Lane .. .. . . HEAkEI2.SECTION DE.IAIk 150-E 150.07 FLAGGING AND PILOT CARS: http://tomcat2.dot. state.ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html 12/7 /2007 First Use January 4, 2000 Page 51 of 54 A, FLAGGERS Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions, and as required by the Engineer. B, FLAGGER CERTIFICATION All flaggers shall meet the requirements of the MUTCD and shall have received training and a certificate upon completion of the training from one of the following organizations: National Safety Council Southern Safety ~ces Construction Safe~nsultants Ivey Consultants American Traffic Safety Services Association (ATSSA) Certifications from other agencies will be accepted only if their training program has been approved by anyone of the organizations listed above. 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 have proof of certification and valid identification (photo I.D.) available any time they are performing flagger duties. C, FLAGGER APPEARANCE AND EQUIPMENT Flaggers shall wear high-visibility clothing in compliance with Subsection iS0.01.A and shall use a Stop/Slow paddle meeting the requirements of the MUTCD for controlling traffic. The Stop/Slow paddles shall have a shaft length of seven (7) feet minimum. The Stop/Slow paddle shall be retro-reflectorized for both day and night usage. In addition to the Stop/Slow paddle, a flagger may use a flag as an additional device to attract attention. This flag shall meet the minimum requirements of the MUTCD. The flag shall, as a minimum, be 24" inches square and red or red/orange in color. For night work, the vest shall have reflectorized stripes which meet the requirements of the MUTCD. D. FLAGGER WARNING SIGNS 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. E. PILOTVEHICLE REQUIREMENTS Pilot vehicles will be required during placement of bituminous surface treatment or asphaltic concrete on two"'lane roadways unless otherwise specified. Pilot vehicles shall meet the requirements of the MUTCD. F, PORTABLE TEMPORARY TRAFFIC CONTROL SIGNALS The Contractor may request, in writing, the substitution of portable temporary traffic control http://tomcat2.dot.state.ga. us/thesource/pdf/special ~rovisions/shelf/sp l50.html 12/712007 First Use January 4, 2000 Page 52 of 54 signals for flaggers on two-lane two-way roadways provided the temporary signals meets the requirements of the MUTCD, Section 647, and Subsection 150.02.A.8. As a part of this request, the Contractor shall also submit an alternate temporary traffic control plan in the event of a failure of the signals. Any alternate plan that requires the use of flaggers shall include the use of certified flaggers. The Contractor shall obtain the approval of the Engineer before the use of any portable temporary traffic control signals will be permitted. 150.08 ENFORCEMENT The safe passage of pedestrians and traffic through and around the temporary traffic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section 150 (TRAFFIC CONTROL) will result in non-refundable deductions of monies from the Contract as shown in this Subsection for non-performance of Work. Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending all other work on the Project, except erosion control and traffic control, taking corrective action as specified in Subsection 105.1S, and/or withholding payment of monies due to the Contractor for any work on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to the deductions for non-performance of traffic control. SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF TRAFFIC CONTROL INSTAllATION AND/OR MAINTENANCE ORIGINAL TOTAL CONTRACT AMOUNT From More Than To and Including Daily Charge $0 $100,000 $200 $100,000 $1,000,000 $500 $1,000,000 $5,000,000 $1,000 $5,000,000 $20,000,000 $1,500 $20,000,000 $40,000,000 $2,000 $40,000,000 $------------- $3,000 150.09 MEASUREMENT A. TRAFFIC CONTROL When listed as a pay item in the Proposal, payment will be made at the Lump Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows: When the first Construction Report is submitted, a payment of 25 (twenty-five) percent of the Lump Sum price will be made. For each progress payment thereafter, the total of the Project percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid (less previous payments), not to exceed one hundred (100) percent. When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the requirements of Section 150 and the Temporary Traffic Control Plan shall be in full force and effect. The cost of complying with these requirements will not be paid for separately, but shall be included in the overall bid submittal. http://tomcat2.dot. state. ga. us/thesource/pdf/ special-provisions/ shelf/sp 150 .html 12/7/2007 First Use January 4, 2000 Page 53 of 54 B. SIGNS When shown as a pay item in the contract, interim special guide signs will be paid for as listed below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid for under Traffic Control Lump Sum or included in the overall bid submitted. 1. Interim ground mounted or interim overhead special guide signs will be measured for payment by the square foot. This payment shall be full compensation for furnishing the' signs, including supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting, and final removal from the Project. Payment will be made only one time regardless of the number of moves required. 2. Remove and reset existing special guide signs, ground mount or overhead, complete, in place, will be measured for payment per each. Payment will be made only one time regardless of the number of moves required. 3. Modify special guide signs, ground mount or overhead, will be measured for payment by the square foot. The area measured shall include only that portion of the sign modified. Payment shall include materials, removal from posts or supports when necessary, and remounting as required. C. TEMPORARY BARRIER Temporary Barrier shall be measured as specified in SectiQ[lJ2?_Q. D. CHANGEABLE MESSAGE SIGN, PORTABLE Changeable Message Sign, Portable will be measured as specified in Se_ction 632. E. TEMPORARY GUARDRAIL ANCHORAGE, Type 12 Temporary Guardrail Anchorage- Type 12 will be measured by each assembly, complete in place and accepted according to the details shown in the plans, which shall also include the additional guardrail and appurtenances necessary for transition and connection to Temporary Concrete Barrier. Payment shall include all necessary materials, equipment, labor, site preparation, maintenance and removal. F. TRAFFIC SIGNAL INSTALLATION- TEMPORARY Traffic Signal Installation- Temporary will be measured as specified in Section 647. G, FLASHING BEACON ASSEMBLY Flashing Beacon Assemblies will be measured as specified in Section 647. H. PORTABLE IMPACT ATTENUATORS Each Portable Impact Attenuator will be measured by the unit/array which shall include all http://tomcat2.dot. state. ga. us/thesource/pdf/ special yrovisions/ shelf/ sp 150 .html 1217/2007 1'1rst Use January 4, 2000 Page 54 of 54 material components, hardware, incidentals, labor, site preparation, and maintenance, including spare parts recommended by the manufacturer for repairing accident damage. Each unit will be measured only once regardless of the number of locations installed, moves required, or number of repairs necessary because of traffic damage. Upon completion of the project, the units shall be removed and retained by the Contractor. I. PAVEMENT MARKINGS Pavement markings will be measured as specified in Section 150. 150,10 PAYMENT: When shown in the Schedule of Items in the Proposal, the following items will be paid for separately. Item No. 150. Traffic Control............................................................ Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color).... Item No. 150. Traffic Control, Skip Traffic Stripe _ Inch, (Color) .... Item No. 150. Traffic Control, Solid Traffic Stripe, Thermoplastic _ Inch, (Color) .......................... Item No. 150. Traffic Control, Skip Traffic Stripe, Thermoplastic _ Inch, (Color) ........................ Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors ........... ............ ............................ Item No. 150. Traffic Control, Raised Pavement Markers-All Types. Item No. 150. Interim Ground Mounted Special Guide Signs ........ Item No. 150. Interim Overhead Special Guide Signs ................... Item No. 150. Remove & Reset Existing Special Guide Signs, Ground Mount, Complete in Place ........................ Item No. 150. Remove & Reset, Existing Special Guide Signs, Overhead, Complete in Place ............................... Item No. 150. Traffic Control, Portable Impact Attenuator............. Item No. 150. Traffic Control, Pavement Markers, Words and Symbols ......................................................... Item No. 150. Traffic Control, Pavement Arrow (Painted) with Raised Reflectors ... ............... ..................... ............ Item No. 150. Traffic Control, Workzone Law Enforcement........... Item No. 150. Modify Special Guide Sign, Ground Mount.............. Item No. 150. Modify Special Guide Sign, Overhead..................... Item No. 620. Temporary Barrier.................................................. Item No. 632. Changeable Message Sign, Portable ...................... Item No. 641. Temporary Guardrail Anchorage, Type 12 ............ Item No. 647. Traffic Signal Installation, Temp ............................ Item No. 647. Flashing Beacon Assembly, Structure Mounted ..... Item No. 647. Flashing Beacon Assembly, Cable Supported ........ http://tomcat2.dot.state. ga. us/thesource/pdf/ special-provisions/ shelf/ sp 150.h tml Lump Sum per Linear Mile per Linear mile per Linear Mile per Linear Mile' per Each per Each per Square Foot per Square Foot per Each per Each per Each per Square Foot per Each per Hour per Square Foot per Square Foot per Lineal Foot per Each per Each Lump Sum per Each per Each 12/7 /2007