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HomeMy WebLinkAboutEast Augusta Drainage Improvements J" ~-./ .-' /' ~- Augusta Richmond GA DOCUMENTNAME: [ast {{ugus-lo- :D--(iLi(ltL~ Tf"'-~~+S DOCUMENT'TYPE: [ontfO-LJ- YEAR: I q 96 BOX NUMBER: I FILE NUMBER: I ~ S 25 q NUMBER OF PAGES: ld-3 I I I I I I I I I ~I I I I I I I I I I LIST OF PROJECT DOCUMENTS East Augusta Drainage Improvements Project Number: 55-8177-094 SECTION PAGES Instruction to Bidders IB-1 thru IB-3 Georgia Prompt Pay Act PPA-1 Minority and Economically Disadvantaged Business Support ME-1 Special Conditions SP-1 thru SP-3 Agreement A-1 thru A-4 General Conditions 1 thru 33 Supplementary Conditions SC-1 thru SC-2 Proposal P-1 thru P-7 General Notes G-1 thru G-15, Traffic Control TC-l thru TC-23 County Contract Specs. DOT-l thru DOT-23 .f I I I I I I I I I -I I I I I I I I I I SECTIONIB INSTRUCTION TO BIDDERS IB-Ol 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 Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder.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 ca~ in anyway 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. I B.... 0 3 ADDENDA AND INTERPRETATIONS ,No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive 'any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-l I I I I I I I I I ,I I I I I I I I I I IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-2 I -I I I I I I I I I I I I I I I I I I IB-06 BIDDER'S OUALIFICATIONS 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 qualif ications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-O? PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of ' the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-OS REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as' practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-3 I -I I I I I I I I I I I I I I I I I I GEORGIA PROMPT PAY ACT This contract is intended by the parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, o. C. G. A. section 13-11-1, et seg. In the event any provision of this Contract is inconsistent with any provision of the Prompt Pay Act, the provision of this contract shall control. NOTICE All references in this document, which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to "Richmond County Board of Commissioners" shall be deemed to mean "Augusta-Richmond County Commission- Council and all references to "Chairman" shall be deemed to mean "Mayor" . PPA-1 I J I I I I I I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County Commission-Council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. wi th all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this' project. The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. ME-l I --I I I I I I I I I I I I I I I I I I EAST AUGUSTA DRAINAGE IMPROVEMENTS project NUmber: 55-8577-094 SPECIAL CONDITIONS SCOPE: This project includes drainage improvements in the East Augusta Area ,including a double 9' x6' concrete box culvert and adding a turn lane at the Columbia Nitrogen/Laney Walker Boulevard intersection in accordance with the specifications and plans. The Contractor shall supply all materials, equipment, labor and supervision necessary to properly complete this project. TERMINI AND LENGTH: (See Plans) LUMP SUM CONSTRUCTION: Item Number 230-1000 Lump Sum Construction includes, but is not limited to, the following: Locating, maintaining and reclaiming disposal areas, right ot way considerations, construction staking, removals and relocations not covered by a separate pay item, excavation, sawing pavement, removing and resetting of other obstructions and any other item not covered by a specific pay item. It shall also include all work involved in the stage construction of the double 9'x6' box culvert not covered by a specific pay item. CONSTRUCTION NOTES: The proposed double 9'X6' concrete box culvert shall be constructed under traffic unless a detour, paid for by the Contractor, is approved by the Engineer. As shown on the plans, temporary fill, pipe and pavement is required. Sheet piling will be permitted to allow the maximum length of permanent culvert to be constructed in the first stage thereby minimizing the required amount of temporary fill, pipe and paving. Concrete Median Barrier shall be used during the culvert construction unless the Contractor gets the Engineer's approval otherwise. The median barrier may be picked up SP-1 I J I I I I I I I I I I I I I I I I I at the Department of Transportation maintenance facility at 4006 Mack Lane in Auqusta. The contact person with the Department of Transportation can be reached at (706)541-0078. It is the Contractor's responsibility to make all arrangements including the loading and unloading of the barrier. The temporary paving shall accommodate 2-way traffic and be 20' wide minimum. Signing shall be in accordance with the MUTCD. All work described herein without a specific pay item shall be included in Traffic Control or Lump Sum Construction. Once the existing traffic pattern and conditions are altered the Contractor shall pursue the work diligently until traffic is returned to it's final pattern. Failure to pursue this work diligently will result in the Contractor being assessed $200 per day for each Calendar day the Engineer, deems applicable once the Contractor is notified in writing. This $200 per calendar day is in addi tion to the $500 per calendar day for failure to complete the project on time. NOTE: The Contractor shall submit for the Engineer's approval a detailed plan on'how he will pursue all phases of work involving this box culvert including the number of days for each phase. The permanent pavement section for the box culvert area will match existinq width. crown and slope and will include 1 1/2" Asphalt liE" and 6" Asphalt Base and will be paid for under Items 402-0113 and 402-0120. R/W CONSIDERATIONS: (Costs to be included in Lump Sum Construction) On the property of Ms. Mary Hall, a/k/a Mary H. Abrams, located at 619 Sea Isle Drive a concrete block utility building, approximately 10'x10', is located within the required easement. The Contractor shall work around this building and will be responsible for any damages to the building caused by the construction or his negligence. On this same property a dogwood tree is located on the fenceline. This tree should be protected and saved unless it conflicts with the proposed construction. Photographs of these two items are on file in the Public Works Office. SP-2 I J I I I I I I I I I I ,I I I I I I- I On the property of Talmadge and Kathryn Cook at 412 Rachael street there is a small chicken house located on the easement area. If possible the Contractor shall relocate the chicken house out of the way of construction to a location agreeable to the property owners and the Engineer. If the chicken house cannot be relocated in a usable condition the Contractor shall remove it in its entirely and dispose of all debris. On the property of Daisey B. W. Ramsey at 629 Sea Isle Drive a temporary fence will be required if the fence along the rear of the property has to be moved during construction. On the property of Joseph and Johnnie Mae Brown at 217 Japonica Avenue has a concrete block retaining wall built to eliminate drainage and/or erosion problems. This wall should be left in place if in the opinion of the Enqineer it will not have a negative effect on the proposed construction. Marked plans are on file in the Public Works Office. On the property of Kirby C. Holley at 507 Azalea Avenue any existing centipede sod that is disturbed shall be replaced in kind. Jf the fence on this property is moved for construction, a temporary fence must be installed for security purposes and a fence reinstalled in its original location, in equal or better condition. The Contractor shall install a fence and gate at the Oak Street entrance to the easement area behind the property of Casandra Laura Thomas at 419 Azalea Avenue. The fence and gate shall be of materials matching the existing fences. The gate shall be 12 feet wide unless otherwise changed by the Engineer. CONTRACTOR PAYMENTS: This project is a County Contract with Georgia Department of Transportation funding and will be inspected by the Department of Transportation. If is absolutelv essential that all invoices such as those for stone. concrete. pipe. asphalt. etc. include the Georqia Department of Transportation proiect number. Otherwise, payment,may be withheld and/or disallowed permanently. DEPARTMENT OF TRANSPORTATION NOTIFICATION: It is absolutely essential that the Contractor notify the Department of Transportation at least 48 hours prior to beqinninq any work on the proiect. Otherwise, payment may be withheld and/or disallowed permanently. SP-3 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A312 Performance Bond I\ny singllbr reference \0 Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Namc and Addrcss): Beam's Pavement Maintenance Company, Inc. P. O. Box 398 Beech Island, South Carolina 29842 SURETY (NZlmc and PrincipZlI PIZlce of 1311siness): Reliance Insurance Company 4 Penn Center Plaza Philadelphia, Pennsylvania 19103 OWNER (Name and Address): Augusta-Richmond County Commission-Council Municipal Building 530 Greene St., Room 207 Augusta, Georgia 30911 CONSTRUCTION CONTRACT Date: Amount: One ~li11ion Ninety Eight Description (Name Zlnd Location): Eas t Project Number: 55-8177-094 BOND Date (Not earlier than Construction Contract Date): Amount: One Million Ninety Eight Thousand Modifications to this Bond: Augusta Drainage Improvements, Thousand Three Hundred Fifty Five & 00/100 Dollars ($1,098,355.00) Three Hundred Fifty Five & 00/100 Dollars IX! None ($1,098,355.00) 0 See PZlge 3 f f' , I' 3) Coun~signed at (Any ;'IC C rtlcHlZl SIgnatures appe;'lr on page ~" By: Vlp . U (FOR INFORMA nON ONL Y-Name, Address and e epnone) ACENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Boyle-Vaughan ^ssociate", Inc. other P;lI'ty): P. O. Box 8628 Columbia, S. C. 29202 803-748-0100 SUR ETY Company: (Corporate Seal) Reliance 's~rance Comparr N Signature: ~_,){:.Q.QCl. ~), l.(t,)/~J Name Zlnd Tille: De lla B. Case Attorney-in-Fact tlanta, Ga. CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) B~am's p~ve nt Maintenance Company, Inc. SIgnature: '4----z!-d -.-' NZlllIe and itle: AlA DOCUMENT AJ12 . PERFORMANCE BOND AND PAYMENT IlONO . DECEMBER '191\4 ED, . AlA R' THE AMERICAN INSTITUTE OF ARCH I Hers, 17J5 NEW YOI~K AVE.. N,W, WASHINCTON, D,C. '2111JOh rHIRO PRINTING. MARGI19R7 A312-1984 1 1 The Contractor and the Surety, jointly and severallv, bind themselves, their heirs, executors, administrators. successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract. the Surety and the Contractor shall have no obligation under this Bond. except to participate in conferences as provided in Subparagraph 3,1, 3 If there is no Owner Default. the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract. but such an agreement shall not waive the Owner's right. if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days aiter the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1: and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner, 4 When the Owner has satisfied the conditions of Para- graph 3, the Suretv shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with'consent oi the Owner, to periorm and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself. through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner ior a contract for performance and completion of the Con- struction Contract. arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence. to be secured with performance and payment bonds executed bv a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount oi damages as described in Paragraph 6 in ex- cess of the Balance oi the Contract Price incurred bv the Owner resulting irom the Contractor's default; o~ 4.4 Waive its right to perform and complete, arrange for completion. or obtain a new contractor and with reasonable promptness under the circumstances: .1 Aiter investigation. determine the amount ior which it may be 'liable to the Owner and, as soon as practicable aiter the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons thereior. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in deiault on this Bond fifteen davs arter receipt of an additional written notice from the Owner to the Suretv demanding that the Surety perform its obligations unde'r this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract. and if the Surety elects to act under Subparagraph 4.1,4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract. and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount or this Bond, but subject to commitment by the Owner or the Balance of the Contract Price to mitigation oi costs and damages on the Construction Contract. the Sure- tv is obligated without duplication for: 6.1 The responsibilities of the Contractor ior correc- tion of defective work and completion of the Construc- tion Contract: 6.2 .~dditional legal, design proiessional and delav costs resulting from the Contractor's Deiault. and re- sulting from the actions or failure to act oi the Surety under Paragraph 4; and 6.3 Liquidated damages. or if no liquidated damages are specified in the Construction Contract. actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations at the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract.or to related subcontracts, purchase orders and other obliga- tions. 9 Anv proce"eding, legal or equitable. under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years aiter Contractor Default or within two vears after the Contractor ceased working or within two years after the Surety reiuses or iails to perform 'its obligations under this Bond. whichever oc- curs iirst. If the provisions of this Paragraph are void or prohibited by law. the minimum period of limitation avail- AlA DOCUMENT AJ12 . PERfOR,\IANCE BOND AND PAYMENT BOND, DECE.\\BER 19B-! ED. . .-\IA"' THE AMERICAN I,,",STITUTE QF ARCHITECTS, 1~35 NEW YORK AVE.. :-;,\\'.. \\'-\SHINCTON, 0,(' :C0110(, THIRD PRINTINC . \\,-\RCH 1<)87 A312.1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. ' 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made. including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOllOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contra<;:tor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the' Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: ,'lame and Title: ,-\dd ress: AlA DOCUMENT A312 . PERFOR,\\ANCE UOND AND PAY,\\ENT BOND' DECE,\\BER 198-1 ED, . AlA ..' THE MvlERICAN INSTITUTE OF ,'\RCHITECTS, 1735 NEW YORK AVE.. ,,-,,\\'.. \\ -\~HI:-';GTON, D,C. :0006 THIRD PRINTING. MARCH '1987 A312-1984 3 THE A/\iERICAN INSTITUTE OF ARCHITECTS ..\ '_" I. '1\j~I""I/' ...,..",\111!iii:1, ~~~~!'r ' .. ~i.~~: ,...' 7'~ -' Cl",; ~;..l.L.. ~ AlA Document A372 Payment Bond Any singular reierence to Contractor, Surety, Owner or other partv shall be considered plural where applicable. CONTRACTOR (Name and Address): Beam's Pavement Maintenance Company, Inc. P. O. Box 398 Beech Island, South Carolina 29842 SURETY (Name and Principal Place oi Business): Reliance Insurance Company 4 Penn Center Plaza Philadelphia, Pennsylvania 19103 OWNER (Name and Address): Augusta-Richmond County Commission-Council Municipal Building 530 Greene St., Room 207 Augusta, Georgia 30911 CONSTRUCTIOI'\J CONTRACT Date: Amount:One Million Ninety Eight Description (Name and Location): East Augusta Drainage Improvements, Project Number: 55-8177-094 BOND Date (Not earlier than Construction Contract Date): Amount: One :Hillion Ninety Eight Thousand Modifications to this Bond: Thousand Three llundred Fifty Five & 00/100 Dollars ($1,098,355.00) Three llundred Fifty Five & 00/100 Dollars iX1 None ($1,098,355.00) 0 See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Beam's pav~ient Maintenance Company, Inc. Signature:?-~ /&---- Name and Title: De 11a B. Case (A dd' . I' 6C" d A 1 At1:.orney-in-Fact nya Itlona signatures appear on page ounters1.&.,ne at ant~, Ga. , B: ~ (FOR INFORMA nON ONL r-Name, Address an(lftlt~phonef,ur 1. AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engineer or Boyle-Vaughan Associates, Inc. other party): P. O. Box 8628 Columbia, S. C. 29202 803-748-0100 SURETY Company: ReliancerInsurance ,.\ Signature: !' Name and Title: , d"Cb AlA DOCUMENT A312 . PERFOR/I.\N,CE BOND AND PAYMENT BOND. DECE.\1BER 198-1 ED, . ,-\IA ,.: THE AMERICAN INSTITUTE OF ARCHITECTS, 1~35 NEW YORK ,WE.. .'!,\\'.. \VA~HINGiON, 0,(' 20006 THIKD PKINTING . ".\ARCH 1~87 A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference, 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Suretv (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due, 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a d,irect contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within ,30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required bv Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance, 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant. with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed, 6.2 Payor arrange for payment of any undisputed amounts, 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety, 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work, 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond. and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond, 10 The Surety hereby waives notice of any change, including changes of time. to the Construction Contract or to related subcontracts, purchase orders and other' obligations, 11 No suit 'or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4,2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract. whichever of (1) or (2) first occurs, If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety. the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein, The intent is that this AlA DOCUMENT A312 . PERFOR,'1ANCE 50NO ,-\1'0 PAY,\,\ENT BONO. DECE.'1BER 193~ EO, . AlA' THE AMERIC.-\N INSTITUTE OF -\RCHITECTS, 1735 NEW YORK AVE., .'J,W, IV.-\SHINCTON Q,C. cC006 THIRD PRINrlNC . .'1ARCH 1087 A312-1984 5 Bond shall be construed as a statutorv bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a, potential beneficiary of this Bond. the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOllOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien mav be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to fJeriorm and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AlA DOCUMENT A312 . PERFORMANCE 50ND AND PAYMENT BOND' DECE.\\BER 191>4 ED, . AlA '1i> THE AMERICAN INSTITUTE OF ARCHlTEG5, 1735 NEW YORK AVE" NW.. WASHINGTON, D,C. 20006 THIRD PRINTINC . MARCH 1~87 A312-1984 6 k,ELIANCE SURETY COMPANY ~. . ':;" l.JNITED PACmC INSURANCE CO~IPA.1'N RELIA.i~CE INSURANCE COMPA.1"fY RELIANCE NATIONAL INDEMNITY COMPA.1'N POWER OF ATTOR.1"'EY ADMINIS'iRA TIVE OFFICE. PHILADELPHIA. ?:NNSYL VANIA :<NOW ALL MEN BY THESE PRESENTS. that RELIANCE SURETY COMPANY is a corooration dulv organized under the laws of tha State of Del- aware. and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY. are corporations duly organized under the laws )f the Commonwealth of Pennsylvania and tMt RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of :..,e Suste of Wisconsin (herein collectively cailed .the Comtianje~'l and that the Companies bv vinue of signatura, and seals do hereby maite, :onstirute and appoint Frenit W. Hainer. Jr.. David J. Wells. Jr., Jene McCoy. Carolyn D. Owena. A.T. Johnson, Derelle E. BiQby, Robert J. Lavisity, Della B. Cue, W. Scott Hull.. 01 Columbia., South Caroiina thair trua and lawiul Altornav(sl-irl-ract. to make. execute, saal and deliver (or end on their behalf, and as their act and deea any and all bonos and undena..inQs 01 suretysnip and to bind tha Comoanias tnareby es fullV end :0 the same extent as if such bonds and unaertai(lOgs and otner writing,. obligatorv in me nature thereof were signed by an Exacutive Officer of :.'1e Comoanies and sealed and anested by one otnar of such officers, and hereby ratilies and conlirms all that their said Artorney(s)-irl-ract may do in pursuance hereof. This Power of Anorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY. REUANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, end RELIANCE NATIONAL INDEMNITY COMPANY which proviaiona are now in full force and eHect. reacilng as follows: AATlClE \111 . EXECUTlON OF BONOS NlO UNOERT AAlNOS ,. no. _II of P;,-..n. ..... ~ tho ~ of ".. B_... ...., s-Hr V..,. PT-.<, ",.., V_ ...-.. ... -..... VI.,. ...-.... ... ~ ol1;c. ~od ".,..... a-1l of QYeoctorw ...... h.rw'Ct oow_ W"Id a.ItJ"\OntY to 1&1 .ICiOOW'IC AnOf1'WY~~fact ...., to 1UI11GnZ. cn.rn to ...cut. on c.t\Id 04 tnII Cornoan'Y. ~ and U"den~'. IKoom..-.;.es. COC"IO'ICtI of inoetrn'tY ..., oU'W' ~ ooLtoGory '" aw 1'\oI't\I. ~.of. ~ {bl to ,etnO'lt'e fI/T'f aucn A"ON'lII"'IW~ec1 at IIT'f nl'ne .-lO ,...... uw OO'W- eno ~Ity 0""'" to a.m. 2. AnCIn'W'YlIi~f.c:t. Ili'\.M t\n. oow- ...-.d -.N\Onrv, .....o.ed to tN t.me .,...; ltfT\&UtlOIW 0' tM Pow. 0' Anornev -.-0 to lIWm. to eJlec:ute o..w._ on beI\.Wt of t.he Como.".,. b<<tO'I W"d '-"C)IWt~. ,ecoonzW'lC*ll. contracu 0' ~ry .,..., ocr...' wnUl'q' oOfQatoty lI\ l.N nau... t,....ol. TN co,,"pou'e ... ... not ,.,.~....., tOt tht Y8IIW:hty ot any bOt"dl et"Id ~~. tec:OQl"llZ.-.ce&. ~ecta 01 ~tY .,-.:2 oen. wnOl"'lQl. OOi'Oltory ." tN Nt\I. I/-.'_ot. J. AnClfT"lll'Y~).1n.;..C\"""'" t'\.e'Y. pow" end ~ to uK\l\1 .lfielv'toe ,equited to be .n.-cneo 10 ~.. 'ecoQl'd~. C~,.c". of ~'Y 01 01,..., condlUOI"\IIII 01 obhO-ory ~ .-d "..., ....... w.o r\.ev. oow" rill ~TY to C*"\Itv tN tinow'tO. nltlll"nolt"lCof the COt1'\OoW'I'Y ....., 10 ~ of ~ o'f""L..... of tl"le Como.,.,., ~ .,.,., .rocM 01 ...-aJon a-.eGt. ~ Pow. d Ar'f,.,onwy ie -or-d ...., -.....ct by t8Cllirni\e .....,.. ..-.:I by ...,montY of u. 'oIMwW"'lq t-.ok.fUon.ooc:ud bl' tt"Ilt UacLIO'W'e ....0 Mn..nce Commm_ 0' IN a.o.o. 01 OiteaOt" of ~ 1.-...- '-'Y. Urited Poci~e 1...._ c.......- rd ~ N.___ l,..,..,.,.,tY Como."., by ~ C.......... en... - of r-.on-y 2B. lU94 ond by',," e.........- rd ~ c- of..... _II of p;'_0t1I of ~_ SUotY C_ by ~ C....... u,... - 01 hi_en 31. 1UII4. .~ "'--' U"II ~.. cH -...en o.reC1CA It'd oftiC*"8 It'WS ~ .... 0' the COtT\O""" may be ai1er.a 10 ."., -..:n PO'ft_ 01 A"~" Of ."., c:ertif~_ 1.lung l.IW'Wto by f~ ..,., -..en Pow.. 01 An~., OIl c:.rutlc..ate oe.etV"Q a.cn tac:eirnlie DOfW".... Ot t~ ... tl'\.oW' 0. v8!i"" .,..., blndino uoon 1/"tII Como"', and I1I'fY ......:;, Pow. 10 ~ rill cenif"-O by t~ ~_ .nd t~ ... sro..d tloe ...id W1d ~nding '-&')On t1'II C<<T'lOaIW. ., tne 1\4\1. ...,,"" ,~a to ",.,., Dond Of ....-.oM1~ to whd\ " . ...-.' IN WITNESS WHEREOF. the Compenies heve caused these presents to be signed and their corporete seals to be hereto aHixed. this FebT\.lery 2'. 1995, 5T ATE OF Pennsyivania COUNTY OF Philadelphia \ 55. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY az:zT1~;:Y On this. FebnJary 21. 1995, before me, Temmy Sue Kaveti, personelly appeared Charle. B. Schmelz. who acknowledged himself to be the Executive Vice President of the Reliance Surety Comoeny, and the Vice President of Reliance Insurance Company, United Pacific Insurance Compenv. and Reliance Netional Indemnity Comoenv and that as such. being euthorized to do so, executed the foregoing instrument for the purpose therein conteined by signing the name ot tne corporation bV himself as its duly euthorized officer. in witnllss whereof, I hereunto set my hand and official saal. NOTAAAL SEAL TAMMY SUE KAYATl. Notary Public City of P;,ilade:lphia. Ph;l:I. County Mv Co:'T':r.'~!~" :;.;'1;,,~~ .,I.!'y ~. 19'?!l ~,~)L;~n'lL~ ~ k(JJllt~ Notery Public in ahd lor the State ot Pe~sylvenia Residing at Philade'!bhia I. Anita Zippert. Secretery of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY. and i'\ElIANCE NATIONAL INDEMNITY COMPANY do hereby canify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is still in full torce and affect. IN WITNESS WHEREOF, 1 h,., h...u",o '" m. hoe' ,,,,, ,'fi.., ", ",I, 01 ..,d Com"",,. '"" ~~ 19 Secretary . .~, :-'::~;;~ "\1<.; , , ... \ ;; S,--,1. : J ,~\ '. ',.~1~/ ,~ I I I I I I I ,I I I I I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the ___ day of , 19___ by and between Auqusta-Richmond County Commission-Council party of the first part, hereinafter called the OWNER, and Beam's Pavement Main~enance Company, Inc. party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The, Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: East Augusta Drainage Improvements Project Number: 55-8177-094 and in accordance with the requirements and prov~s~ons of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made ,a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within ~ calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 325 calendar days with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of'this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. A-l I -I I I I I I I I I I I I I I I I I I IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of an work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT (a) The Contract Sum The Owner shall pay to the Contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Proqress Payment On no later than the fifth day every month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On 'the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 I J I I I I I I I I I I I I I I I I I ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (a) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within 15 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A-3 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL RICHMOND COUNTY, GEORGIA (owner) SEAL BY:I ~/ I.ttRst ~ /PJ~ ~ cretar c/ ~ ~ Title: 'or of Au sta- Richmond Countv Commission-Council ffii'\..'s Pav!tt'v,tn-l M.al~nanu. CO.....p;.ly, In<..., By: -- SEAL Title: ViCf'- f>~(.,':>l O..."T Address: \'c ~c-t ;<1 'S ,) '3~'S c.l.'\cv...l.ll:. ~-6 I; .tc..c.\-\ l ~IQ" oJ SL 0'i '!<.( ~ I ecretary ((J/<JMJ-() '1} -UU~ witness A-4 I -I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS A,ticlt' Nllmbrr Title' DEFINITIONS.,......... . J PRELI~I1NARY MATTERS........................................ CONTRACT DOCUMENTS: INTENT. A~IENDING AND REUSE............................... A V AIL\BILJTY OF LANDS: PHYSICAL CONDI1'IONS: REFERENCE POINTS..... .......................................... BONDS AND INSURANCE........................................ CONTRACTOR'S RESPONSiBILITIES............................ OTHER WORK. .................. ........ ................ .......... OWNER'S RESPONSIUILlTIES .................................... ENGIN EER'S 5T A TUS OURI:-.IG CONSTRUCTION .............. CIIA:--lGES IN TilE WORK ..............,.,..,.................,... CI IANGE OF CONTR.\CT PRICE..,............................... C/lANGE OF CONTR:\CT TI~1 E ................................... WARRANTY AND GUARANTEE: TESTS .-\1'10 INSPECTIONS: CORRECTION. REMOVAL OR ..\CCEPT.\NCE OF DEfECTIVEwnRK .,..,......,.,'.......... 1'.'\ YMENTS TO CONTRACTOR ANO CO~IPLETION '........... SUSPENSION or WOI~K ,\ND TERMINATION '...... .......... t\ROITR.\TION ...... ....., ,..... .... .... ........ ........... ........ ~IISCELL\:"JEOUS...."......................................... .. ~ 5 6 7 8 9 IU II 12 IJ l-t 15 16 17 3 f'tlf?t' - I 3 9 10 II 14 18 19 19 ~ I 2 J 24 2.1 26 29 31 3~ I I INDEX TO GENERAL CONDITIONS I A"icie or Paragraph Number Acceplance of Insurance ............................. 5.13 I Access 10 the Work .................................. 13.2 Addenda~efinilion of (see definilion of Specificalions) ........................................ I :\g.reemenl--.lefinilion of ................................ I I All Risk (nsur-mce ..................................... 5.6 Amendment. Written............................. 1. 3.1.1 Application for Pa yment~erinition oi .................. I I Application for Pavment. Final ...................... 14,11 Application for Prcgress Payment .................... 14.2 Applic:uion for Progress Payment-revIew of .... 14.4-14.7 Arbitration ............................................. 16 I Authonzed Vanallon in Work ......................... 9.5 Availability of Lands.... ....................... ....... 4.1 A ward. Notice oi-Jefincd .............................. 1 I Before Stanin~ Construction...................... :.5-2.i Bid-.:lennillon of ....................................... 1 Bonds and Insurance-in gencral ........................ 5 Bond5-(.\etinition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I I Bonds. Delivery of ................................ ~.I. 5.1 Bonds. Performancc and Olher .................... 5.I-S.l I Cash Allowances ..................................... II.S. Chanllc Order-.:lennilion of ............................. 1 Change Orders--to be execuled ...................... 1004 Changes in Ihe Work ................................... 10 I Claims. Waiver of~n Final Pavmenl ............... 14.16 Clariti,c:llions and Imerpretallons ...................... 9. J Cleaning ............................................. 6.1 i Complelion . . . , . . . . . . . .. . ... .. . . . . . . " .. . .. . . . .. .. .. . . .. I J I Comoiellon. Suoslanllal ......................... 14.8-14.9 Conference. Pre=onslnJcllon '......................... :.3 Conllic:. Error. Dls;:repanc~'-C"'nlraCIOr IR ,~-- I Co~sl~~7':11 '~I'~~h;~~~: 'E~'~i~'r~;~~;" ~;~"'::::::::. .-"~.' ~..~ COnlinulng Worl; ..................................... 6.29 . Contract Documenls-amending and I supplemenlln!; "........."...................... 3,.4-3.5 Contract Docuntenl~Jerinilloll of '..................... I Contract Documents-Iolenl "....................3.1-3..3 ,Conlracr Documenls-Reuse of ....................... 3.6 Icontract Price. Change of .............................. 11 Conlracl Price--ierinilion ............................... I Contract Time. Change oi .............................. I:: Conlracl Time. Cummencemenl of .................... :.3 I ConlraCt Time-...1etinilion of ............................ I Contraclor~ennition oi ..........:......... .'............ I Contractor Mav Stop Work. or Terminate ............. 15.5 I Contractor's Continuin~ Obligation.................. 14.15 COnlr:1CIOr'S DUlY 10 Repon Discrepancy in DocumenlS .................................. :.5. 3.:: Cuntr:1ctor's Fee-{:OSI Plus... IIA.5.6. 11.5.1. 11.6-11.~ I ConlraClor' s LiabililY Insurance .........\............. j.3 ContraclOr's Resoonsrbilities-in ger.eral ............,... 6 I Comraclor's Warranty of Tille. . . . . ...... ........ ..... 14.3 Contracto~ther ...................................... 7 Contractual Liability Insurance........................ 5.4 Coordinating Comraclo,r-<iefinilion of ................ 7.4 C oordinalion .......................................... 7.4 Copies of Documents........... .. .... ................. ' .., Correction or RemovaJ of Defective Work ........... 13.11 Correcllon Period. One Y car ........................ 13.12 CorreclIon. Removal or Acceptance of Defective Work-m lleneral ........................... 1J.11-13.14 Cost-nct decreasc ................................. 11.6.2 Cost of Work.................. ........... ....... 11.4-11..5 Costs. Supplemental.... ............................ 11.4.5 Day-<iennition of ................... .. . . . . . . . . . . . . . . . . .. I DtftclIvt'-<iennilion of ................................. I Dt'ft'c/ivt' Work. Acceplance of ......................13.13 Dt'fu/ivt' Work. Correcllon or RemovaJ of .......... /).11 . Dtft'c/ive Work-in general............... 13.14.7.14.11 Dt'ftc/ive Work. Rcjecling ..... ........................ 9.6 Definitions .........................:.................... I Delivery of Bonds ...................................... 2.1 Delermination for Unil Prices ........................ 9.10 Dispules. Decisions by Engineer... .. ............ 9.1/-9.11 Documellls. Copies of ................................. l.1 Documcnts. Rccord .................................. 6.19 DocumenlS. Reuse .................................... 3.6 Drawings---.ietinition of ................................. 1 E:ucmenls ...........:................................ 4.1 ElTeclivc dale of Agreemem--.lennilion of ............... I Emer~cncles ......................................... 6.l::! Enl1ineer-<Jefinilion oi .................................. I Engineers DecIsions............................ 9.10-9.11 Enl1ineers-NOlice Work is Acceptable ............. 14.13 Engineers Recommendalion of Pay me III ...... 14.4.14.13 Engineer's Responsibilitics. Limitalions on ................. 6.6,9. 11 ,9. 13 -9. 16, 18.2 Enginecr s Slatus During Construction--in general ...... 9 Elluipmcnt. L:1bor. Materials anu .................. 6.3-6.6 EquivaJent Malcnals and Equipment .................. 6.7 EAplorallons oi physical conditions.. . .. . . .. ......:... 4.2 Fee. CunlraClor's-CoSlS Plus.....................:.. 11.6 Field Order-<Jefinilion of ............................... I Field Order-Issued by Engineer ................ J.j.1. 9.5 Final Applicalion for Paymelll ........................ 14.12 Finallnspecllon ..................................... 14./1 Final Paymenl and Acccplance ...................... 14.13 Final Pa vment. Recommendalion of ........... 14.13.14.14 General Provisions .............................. 17.).1 i'.4 General ReQuiremellls---.ierinuion oi . . . .. . ............. .. I General ReQuircments-pnncipal references to ................. ~.6. 4.4. 6.4. 6.6-6. 7. 6.~3 .1 I JGiVinS Notice ........................................ 17.1 Guacanlec of Work-by Conlraclor ................... 1).1 Inuemnification . ............................ 6.3(}..O.32. 7.5 Ilnspection. Final .................................... 14.11 Inspection. Tests and................................. 13.3 Insurance. Bonds and-in general ....................... 5 Ilnsurance. Certificates of ........................... 2.7.5 Insur.lnce-completed operations. . . . . . . . . . .... . . . . . . .. 5.3 Insur.lnce. Contr.lctor's Liability ...................... 5.3 Insur.lnce. Contr.lclUal Liability ....................... 5.4 IlnSUr.lnce. Owner's Liability .......................... 5.3 Insurance. Property .............................. 5.6-5.13 Insurance-Waiver of Rights ......................... 5.11 Imenl of Conlract DocumenlS ................... 3.3.9.14 l,nterpretatiOns and Clarifications ...................... 9.4 Investigations of physical conditions... ................ 4,1 ILabor. Materials and Equipment .................. 6.3-6.5 Laws and Regulations-dellnilion of ..................... I Laws and Regulations-general......... ............. 6.14 Liability Insurance-Contractor's ..................... 5.3 ILiability Insurance--Owner's .........................5.5 Liens---<.lefinitions of ................................ 14,2 Limitations on Engineer's Responsibilities ..................... 6.6. 9. I 1. 9.13-9.16 IM~terialS and equipmenl-furnished by Contractor .... 6.3 Materials and equipment-not I incorpor.lled in Work .............................. 14.2 Malerials or equipment~quivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Multi-prime contr.lcts ................................... 7 INotice. Giving of ........................... ...... .... 17.1 Notice of AcceptabilitY of Project ................... 14.13 Notice of A ward---Jefinilion of .......................... 1 I NOI~ce 10 Proceed:--Uerinilion of ......................... ~ Notice 10 Proceed-gIving of .......................... 2.J l"or-EqUal" hems ..................................... 6.7 Olher contractors ....................................... , Olher work .............................................. i Overtime Work-prohibition of ........................ 6.3 lowner:--Uefi~ilion of ..:................................. 1 Owner May Lurrect D~/~cl"'~ Work................. IJ.I-l Owner .\tay SlOP Work. ..............:. '........ ... .. 1).10 Owner :Y1ay Suspend Work. Terminate .......... 15.1-15.4 lowner's Duty 10 E;~ecul~ Change Orders............. 11.:i Owner's Liability Insur.lnce ........................... 5,: Owner's Rc:presenlalive-Enginec:r 10 serve as ........ 9.1 I Owner' s Responsibililic:s-in genc:rnl .................... 3 Owner's Separ:lIe Represc:nlalive al sile ..,............ 9.3 I Partial Ulil~zallon .......,.:.....,..................... I.UO Partial Ullhzallon:--UCnmllon 01 ......................... I P:lrtial Ulilization-Property Insurnnce ...............5.15 Patem Fees aoll Royalries ............................ 6.1 ~ I Payments. Recommend:uion of ....... ~..: 14.4-1~.;-. I.U j Payments to C"nlraclor-In genernl .................... I~ I PaymentS 10 Conrraclor-when due ........... 14.4. 14.1) Pa ymcnls 10 Contraclor-withholding ................ 14.7 PerfomJ:mce and other Bonds ..................... 5.1-5.2 Penniu ..... . . . . . . ., . . . . .. . . . . .. .. . . . . . . .. .. . . . ... .... 6.1) Physical Condilions ................................... 4.2 Physical Conditions-Engineer's review ............. 4.2.4 Physical Conditions-cxisting struClures ....:........ 4.2.2 Physical Conditions-cxplorations and reportS....... 4.2.1 Physical Conditions-possible document change..... 4.2.~ Physical Conditions-price and time adjusunenu .... .L!.5 Physical Conditions-report of differing ............. 4.:U Physical Conditions-Underground Facilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ..................................... 1 Premises. Use of ................................ 6.16-6.18 Price. Change of Contract .............................. 11 Price.C ontrnct---Jellnition of ............................ 1 Progress Payment. Applications for. .......... .. ...... 14.2 Progress Paymem-retainage ......................... 14.2 Progress schedule ............... 2.6.2.9.6.6.6.29. 15.1.6 Project--.lefinition of .................................... I Project Represenlatioll-provision for ................. 9.3 Project Represemative. Resident---Jefinilion of .......... I Project. Slaning Ihe ................................... 1.4 Propeny Insurance ............................... 5.6-$.1) Property Insurance-Partial Uliliultion ............... 5.15 Property Insurance-Receipt and Application of Proceeds ................................... 5.12-5.1) Protection. SafelY and........................... 6.2(}..O.21 Punch list ........................................... 14.11 Recommeodalion of Payment.................. 14.4. 14.1) Record Documents ................................... 6.19 Reference Points ...................................... 4.4 Regulations. Laws and ............................... 6.14 Rejecting Defective Work ............................. 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not E."tclusive ............................. 17." Removal or Correclion of Defective Work ........... 1 J .11 Resid':l1I Projccl R.:presenlalive~,h:rinilion of ........... I Residenl Project Represenlalive-provision for........ 9.3 Responsibilities. Conlractor's-in genera! ............... 6 Responsibilities. Engineer's-in genera! ................. 9 Responsibilities. Owner's-in gencr.ll .................... 8 Relainage ............................................ 14.2 Reuse of Documents .................................. 3.5 Rights of Way.... ...... .......... .... .... .. ........... ~.I Royallies. Palenr Fees anll ........................... 6. 11 Safety and Prolection ....... 6.20-6.21, 18.1-18.2 Samples......................................... 6.1)-6~lS Schedule of progress ........ 2.6.2.3-2.9. 6.6. 6.~9. 15.1.6 Schedule of Shop Drnwing submissions...................... !.6. 1.8-2.9. 6.23. 14.1 Schedule of values ...................... 2.6.2.8-2.9. 1".1 Schedules. Finalizing.................................. 2.9 Shop Drawings and Samples....... .............. 6..23-6.28 Shop Drawings--1c:rinilion oj . .... .. . . . .., . ........... ... 1 Shop Drawings. use 10 approve subslitutions .................................,.... 6.'7.) 5 I J Sile. Visils lo-by Engineer ........................... 9.2 ~eCifications--JefinitiOn of ............................. I laning Construction. Before.. . . . . . . .. ., . . . . . . . . .. 2..5-2.8 Ulning the Project ;............. ~ .. .. .. .. . .. .. . .. . .... 2.4 ItOPPing Work-by Contractor....................... 1.5..5 topping Work-by Owner.......................... 13.10 ubcontractor-tefinition of ... .. .. . .. .. . .. .. .. . .... . . ." 1 Subcontractors.-in genera! ....................... 6.8..0.11 IrubcontraCU-reqUired provisions ............ .5.11.1. 6.11 11.4.3 ubSlantiai Completion-cenification of .............. 14.8 Substantial Completion---definition of . . . . . . . . . . . . . . . . . . .. I IUbstitute or "Or. Equal" Items ....................... 6.7 ubsurface Conditions.... ......................... 4.2-4.3 Supplemental costs... .... .......................... 11.4..5 Supplementary Condition:r-definition of ................ 1 IUPPlementary Conditioris--principai references to .. 2.2.4.2. .5.1. .5.3. .5.6-5.8. 6.3. 6.13. 6.23. 7.4.9.3 iUPPlementing Conu-act Documents............... 3.4..3..5 upplier-<iefinition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I upplier-principal references to ... 3.6.6.5.6.7..0.9.6.20. 6.24.9.13.9.16.11.8.13.4.14.12 lurety-consent to payment .................. 14.12.14.14 uret y-Engineer has no duty 10 ..................... 9.13 Surety-nolice 10 .......................... 10.1. 10.5. 15.2 Isurety~UalificatiOn of ....:...................... 5.1-.5.2 us pending Work. by Owner ......................... 15.1 uspension of Work and Tennination-in genera! ....... 15 Superintendent-Conu-actor's ......................... 6.2 [Up,,,,,;,;o. ..d Sup,ri.".d,." .................. 6.1-6.2 Taxes-Payment by Contractor....................... 6.15 Termination-by Contractor.......................... 15.5 ITermination-bY Owner................... ....... 1.5.2.15.4 Tcnninalion. Suspensiun of Work anu-in lZenernl ...... 15 T eSls anu I nspeclJons ........................... 1J .3-13.7 , Time. Change of Conlrncl .............................. 12 I I I I I I I Time. Computation of ................................ 17.2 Time. Contract-<.lefinilion of ............................ I Uncovering Work ............................... 13.8.13.9 Underground Facilities-<iefinition of .................... 1 Underground Facilities-flot shown or indicated..... 4.3.2 Underground Facilities-protection of ........... 4.3.6.20 Underground Facilities-shown or indicated....,'.... 4.3.\ Unit Price Work-<iefinition of .......................... I Unit Price Work-genera! ................. 11.9.14.1.14.5 Unit Prices......................................... 11.3.1 Unit Prices. Determinations for....................... 9.10 Use of Premises ................................. 6. 16-6. 18 Utility owners .......................... 6.13.6.20. 7.2-7.3 Values. Schedule of ......................... 2.6.2.9. 14.1 Variations in Work-Authorized............ 6.2.5.6.27.9..5 Visits to Site-by Engineer ............................ 9.2 Waiver of C1aims--on Final Payment................ 14.16, Waiver of Rights by insured panies ............. .5.10.6.11 Warranty and GuaraOlee-by Contnlctor ............. 13.1 Warranty of Tille. Contractor's ....................... 14.3 Work. AccesS 10 .....................................13.2 Work-by others ........................................ 7 Work Continuing Duiing Disputes .................... 6.29 Work. COSI of ................................... 11.4.11..5 Work-definilion of ..................................... 1 Work Directive Change-definition of ................... I Work Directive Change-principal references to ............................ 3.4.3. 10.1.10.2 Work. Neglected by Contractor ..................... 13.14 Work. Slopping by Contractor............... .. .... .., 1.5.5 Work. Slopping by Owner....................... 15.1-1.5.4 Wrillen Amendmenl-<.lefinilion of ...................... I WOllen Amendmenl-principal references 10 ..................... ),4.1. 10.1. II.~. 1~.1 6 I -I G EN ERAL CON DITIONS IRTI~LE I_DEFINITIONS Wherever u~ed in lhe~e General Cundiliun~ ur in Ihe OIher IOnlnlCI Documenls Ihe following lerms have Ihe me:Jning~ dicaled which are applicable 10 bUlh the singular and plural hereof: ' Iddl!fll/II-Wrillen or graphic inslrumenls issued priur 10 Ihe pening uf Oid~ which clarify. correct ur change Ihe bidding JucumenlS or lill: Cunlracl [)ucumcnls. ' .,\<:rt',./rt"/I/-The wrillen :IereeOlenl hetwecn ()\VNEH and a=ONTI{,\CTOI{ coveri,,!:! che Work 10 he palurmcd: ulher Cunlract Documenls arc atlachedlO Ihe :\greement and made a part thereof as provided therein. IAPp/inl/;Ofl li,r PI,I'fIIl'f1f- The form accepll:d by ENGI- ;-lEER which is w be used by CONTRACTOR in reqllesting Ipro~ress ur linal paymenlS and which is 10 include such sup- punin~ JucumenlallUn as is required b~' Ihe Culllract Documel\ls. IDid- The utler ur proposal uf lhe bidder submilled un Ihe prescribed form selling forth the prices for lhe Work 10 be performed. 180miS-l3id. performance ami paymenl bonds and Olher inslruments of secorit y. I. Chang/! Order-A document recommended bv ENGINEER. which is signed by CONTRACTOR and OWNER and aUlho- rizes an addilion. dt:lelion or revision in Ihe Work. ur an adjustmenl in lhe Conlracl Price ur Ihe CUlllract Time. issueu Ion or after Ihe Effeclil'l~ Dale uflhe ..\greemenl. COlliI'll'" DIICIIII/t'II/J- The :\greement. .\JJenJa I \\ hid1 rer. tain to lhe Cunlract Ducuments.. CONTRACTOR's 13id I (including uocumel\lalioll accompanying Ihe Oid and anv pust. Did documentalion submilled prior to Ihe Notice uf Awan.ll when allached as an e.'\hibil to lhe Agreemenl. Ihe Bonds. Ilhese General Cunditions. Ihe Supplemenlary Condilions. the: Specilicaliuns and the Drawings as Ihe same arc: more spe- cifically identilied in Ihe ,-\greemenl. IOgether with all ame"J- menl s. flIl1llilications and sllrplemellls issued pursuant 10 I par"~rarhs 3,.t OII1U 3.5 till ur after the Erkclive Dale uf Ih.: .-\greemelll. I e'III/rlIl',I'rin.-The muneys rayah!.: b\' OWNER 10 (ON. TRACTOR under Ihe C0l1tral:1 DocumelltS as Slaled ill Ih.: Agreement \ subject IU the pruvisiuns uf paragraph 11.,),1 In Ihe cuse uf Unil Price \\'urkl. I e,"If"III" n,,".-The number uf Jails (cumpuled ;IS proviJ.:d in paragraph '7,~1 ur the date Slated in Ihe .-\!;reemelll fur Ihe cumplctiun uf Ihe Wurk, I CONTRACTOR-The pe:rslln. lirm or curpuraliun wilh whum OWNER h;1S .:"Ia.:d 1""llh.: :\~re,el1lcm, I .1<,/(('/,)'(._,\" adj':Cllve which whenlllu<hlyillg Ihe wunJ Wllrk Iders to Work thai is unsalis'faclory. f;Jully or deliclenl. or Joes nul conform 10 Ihe Contracl Documenls. or docs nul meellhe requirements uf any inspeclion. reference slandard. leSI or approval referred to in the Cunlract Documents. or has been damaged prior to ENGIN EER's recommendalion of final payment IUnless responsibililY for Ihe proteclion Ihereof has been assumed by OWNER al SubSlantial Complelion in accordance wilh paragraph 14,M or 14,101. Dmu';II!:s- The drawings which show the character ami scope of the Work 10 be performed and which have been prepared or approveu by ENGINEER and arc relerred 10 illlhe COli' tract Ducuments. Llf~('/;n' O"ll' oj' ,1,,' t\gn.t'/Ilc'III-Thc dale illdicalcd in Ihe Agreement on which il becomes effective:. but If no such date: is indicated il means lhe date on which lhe Agreement is signed and delivered by the lasl of Ihe twu panies 10 sign and deliVer. E.VGIN EER- The persun. firm or corpor;Jtillnnamed as sllch III the Agreement. Fitld OrJu-:\ writtell order issued b~' ENGINEER which ,>rders minor changes in Ihe Work in accordance wilh para- graph 9.S but which does nOI involve a change in lhe Conlrac\ Price or Ihe COnlrac'1 Time. GmulIl R/!qllirflllfflls-Sections uf Division 1 of lfle Spe\:i- fic:llions. Loll'S "lid Reg"IlIIiolls: Lilli'S or Rtgll/lll;ons-Laws. rules. regulalions. urdinances. codes and/or orders. "'al;a of .-\ 1I'/II'd- The written nOlice bv OWNER 10 Ihe apparent SlIccessful bidder Slating Ihal upon compliance by Ihe apparent slIccessful bidder Wilh Ihe conditions preced.:nl ~nuOleraled lherein. within the time speCIfied. OWNER will 'il!;n ami deiil er lh.: .-\grceIllCIlI. Sol;et' '" procfed-A wri~ten nul ice given bv OWN ER 10 CONTRACTOR (with a copy 10 ENGINEER) o:'{ing Ihe dale lln which Ih.: Cuntract Time will commence 10 run and on which CONTRACTOR shall slart 10 ~erform CONTR.\C- rOIl's ubligatiuns under the Cunlract Documenls. OWNER- The public bouv or authorilv. cOl1loralion. asso- ~Ialion.linn 0r persun willi wholll CONTRACTOR has elltereu inlO Ihe .-\greement and for whom the Work is 10 be pro\'iued. f"rl;"i u',iii.~lIlillll-rlacing a pUlliun uf lhe Work in s.:r\'ice ,'ur Ihe pllrpuse for whidl it is intended (ur a related pllrpus.: I before re:Jching Subslanrial Complcllon lur all Ihe Wurk. PnJ;eu- The IOtal cunslruclion of which lhe Work 10 be provided under 11\1:: Cunlract Documents may be the \\hule. llr:J pall as indicated elsewhere in the Cunlracl Dllcumenls. R.'sic/c'III Pr,';c'!" RqJl'I',H'''f'lfil.t'-The aUlhorized repr.:sen- 1;lIive uf E~GINEER who is assignelllO Ihe sile ur an~' part I h.:reof. 7 I -Is/loP Drawings-Ail drawings, diagrams. illustrations. schedules and other data which arc spcciikaUy prepared by lor for CONTRACTOR to iUustrate some ponion of the Work and all illustrations, brochures. standard schedules. perfor- mance charts. insuuctions..diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to lillust~te materiaJ or equipment for some ponion of the Worle. Spu;ficat;ons-lllose ponions of the Contract Documents consisting of wrinen technicaJ descriptions of materials. lequiPment. construction systems. standards and workman- ship as applied to Ihe Work and cenain administrative details applicable theretO. Isubcoruracror-An inuividual. linn or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for Ihe performance of a pan of the Work at the , ISite. Subsranllol Completion-- The Work (or a specified pan thereoO has progTessed to the point where. in the opinion of ENGI- INEER as evidenced by ENGINEER's delinitive cenilicate of Substantia! Completion. it is sufficiently complete. in accordance with Ihe Contract Documents. so Ihat the Worle I(or specified part) can be utiliZed for the purposes for which it is intended: or if Ihere be no such cenificate issued. when final payment is due in accordance with paragraph 14.13. The lerms "substamially complele" and "substantially com- Ipleted" as applied 10 any Work refer to Substantial Comple- lion thereof. ISUPPlemenrarv Cond;t;ons- The pan of Ihe Conlract Docu- ~ents which amends or supplements these General Condi- lions. ISUPPliU-A manufacturer. fabricator. SII~ plier. distributor. matenalman or vendor. I Underground Facilirit.'I-AII 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 instaUed underground to furnish any of Ithe following services or materials: electricity. gases. Sleam. liquid petroleum products. lelephone or other communica- tions. cable television. sewa~e and draina~e removal. lraffic or other cOlltrol systems or water. Iunir Price Work-Work to be paid for on lhe basis of unit' pnces. I Work- The enlire completed construclion or the various sep- ar.uely identifiable parts lhereof required 10 be furnished under lhe COnlr.lct Documenls. Work is Ihe result of per- Iforming services. furnishing labor and furnishing and incor- pOr.lling malerials and equipment inlo lhe consllUclion. all as required by the COnlract Documenls. Iwork Direcrivt.' Chanfirt.'-A wrillen directive to CONTRAC- TOR. issued on or after che Effective Date of the Agreement anu signed by OWNER anti recornmenueo by ENGINEER. I ordering an addition. deletion or revision in Ihe Work. or responding 10 differing or unforeseen physicaJ conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change Ihe Contract Price or the Contracl Time. but is evidence lhat the panics expect Ihat lhe change directed or documented by a Work Directive Change will be incorporated in a subsequenlly issued Change Order following negotiations by the panies as 10 its effect. if any, on the Contract Price or Contract Time as provided in paragraph 10.2. IVrillen Am~ndmenr-A written amendmenl of Ihe Contract Documents. signed by OWN ER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with llte nonengineering or nontechnical rather lltan suicuy Work-related aspects of the Contract Documents. ARTICLE 2-PRELIMINAR Y MA TIERS Delivery oj BoruJs: :!. I. When CONTRACTOR delivers the execuled Agree- ments 10 OWNER. . CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with par.lgraph .5.1. Copies of DocumelllS: :!.2. OWNER shaH furnish to CONTRACTOR up 10 ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as arc reasonably nec- essary for Ihe execution of the Work. Addilional copies will be furnished. upon request. al lhe COSI of reproduction. Commencement of Contract Time: ,Voria 10 Proceed: :!.J. The Contract Time will commence to run on the lhirtieth day after the Effective Date: of lhe Agreement. or. if a Notice 10 Proceed is given. on the day indicated in the NOlice to Proceed. A NOlice 10 Proceed may be given at any lime wichin lhiny days after the Effective Date of the Agree- ment. In no event will lhe Contract Time commence to run laler lhan Ihe sevenly-fifth day after the day of Bid opening or the lhinielh day after the Effective Date of Ihe Agreement. whichever date is earlier. Staning the Project: :!.4. CONTRACTOR shall sian 10 perform lhe Work on the date when lhe Contract Time commences to run. but no Work shall be done at the site prior to the dale on which the Conlracl Time commences to run. Befort Starting Construction: :!..5. Beforeundcnaking each pan of lhe Work. CON- TRACTOR shall carefully sl\ldy and compare the Contract ()ocumenls and check and verify peninent figures shown 8 I .1 ,hereon amJ all applic:lule licld mcasurcmC/lls. CONTI{AC- TOR shall promplly report in wriling 10 ENGINEER any conllict. error or tliscrepancy which CONTRACTOR may discover and shall oblain a wrillen interprelalion or clarili- cation from ENGINEER before proceeding wilh any Work alrecled Iherehy: however. CONTRACTOR shall nOI be lia- ble to OWNER or ENGINEER for failure 10 repon any conllict. error or discrepancy in Ihe Conlract Documents. unless CONTR.-\CTOR had actual knowledge Ihereof or should reasonably have known Ihereof. I I I 2.6. Wilhin len days aftc:r the Effeclive Date of Ihe Agree- ment 'ullless olherwise specified in Ihe General Require- menlSI. CONTRACTOR shall slIbmit III ENGINEER for review: I 2.6.1. an estimated progress schedule indicating the: slaning and complelion dates of the various slages of Ihe Work: I I 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and I 2.6.J. a preliminary schedule of valucs for all of the Work which will include quantities and prices of ilems aggregating the Contract Price and will subdivide the Work into component pans in sufficient detail to serve as the basis for progress paymenls during constOlction. Such prices will include an appropriale amount of overhead anJ prollt applicable 10 each item of Work which will be con- finned in writing by CONTRACTOR at the lime of sub- miSSion. I 'I 2.7. Before any Work at the sile is staned. CONTRAC. TOR shall Jdi\'e:r 10 OWNER. wilh a copy to ENGINEER. cenificates ILInd olher e:viJence of insurance requesled by OWN ER) whIch CONTRACTOR is rcqUlred 10 purchase: allll rnainlnill III a.:curdance wilh paral!raph'i ),J allu 5.,1. alld OWN ER shall t.le1iver to CONTRACTOR ccrtllicale:s lalld other e:\'idence of insurance requesled by CONTRACTOR) which OWN ER is required 10 purchase and maintain in accordance \\;Ih paragraphs 5.6 and 5.1. 1 I I f'rrCOIIJlrllC,iuII CUII[rrrncr: ~.3. Within Iwen,,' days after the: Effeclive Dale: of Ihe Agreement. bUI hefore CONTRACTOR SllutS Ih~ \Vork al Ihe sile:. a confcrencc allended by CONTRACTOR. E~GI- NEER anJ lllhas as appropriale will be helJ 10 Jis~uss lh~ schedules rdared 10 in pamgraph 1.6. 10 Jiscuss proceJure:s for handling Shop Dr:lwings and olher sllumillals and fllf processing .-\pplicalions for Payment. and to establish a wllfklll~ underslanding among Ine panies as to Ihe Work. I I I Finali:illg Sd.tdulrs: ~. 9. .-\lle:\S1 ten da\'s before submission Ill' Ihe first Appli- cation for P:I\'menl a .:onference aile:nJed by CONTR:\C. TOn. ENGINEEH :Imllllhers as ..ppruprialc will he: held III linaliLe: IhL' ,__Ih:dllk~ ..Ilolllith:t.l ill :1I.:.:unlall<:': "ilh p""'" I I graph 2.6. The finalized progress s.:hellulc: will he acceplable 10 ENGIN EER as providing an orderly progression of the Work to complelion within the Contract Time. but such acceptance will neilher impose,on ENGIN EER responsibility for Ihe progress or scheduling of Ihe Work. nor relieve CON. TRACTOR from full responsibilitY therefor. The linalized 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 acceplable to ENGIN EER as 10 form'anJ subslance. ARTICLE 3-CONTRACT 110CUMENTS: INTE~T. ,\.\-tENDING. HEUSE Inunt: 3.1. The Contract Documenls comprise the entire agree- ment belween OWNER and CONTRACTOR concerning Ihe Work. The Contracl Documents are complementary: whal is called for bv one is as binding as if called for by all. The: Contract DucumeOls will be construed in accordance with the law of Ihe place of Ihe ProjecL 3.2. II is the inlent oflhe Contracl Documents to describe a funclionally complete Project lor pan thereon 10 be con- SlnJcted in accordance wilh Ihe Contract Documents. Any Work. mate:riills or equipmenl Ihal may reasonably he inferred from Ihe COlllract Documents as being required to proJuce Ihe intended result will be supplieJ whelher or not specifically called for. When words which have a well-known lechnical or lrade meaning are used 10 describe Work. matcrials or equipment such words shall be interpreted in accordance wilh Ihat meaning. Reference 10 slandard specificalions. manuals or codes of any technical sociel y. organizalion or association. or to Ihe Laws or Regulations of anv governmental aUlhoril~'. whether such rcference he: specific or uy implic:Jtion. shall mcan Ihe lalcst slant.lard spcciiic;uiun. lIIal1l1al. .:uJc lIr La\\ 'i or Regulations in c:lfe:cl at Ihe time of opening of Hids lor. on lhe Effective Date of the Agreement if Ihere were no Bit.lsl. e:tcept as may be olherwise specifically Slated. However. nu provision of any referenced slandard specification. manual or code I whelher or not specificall y incorporaled by rderence in Ihe Contract Documents) shall he effective 10 chan~e Ihe dUlies and responsiuilitie~ of OWN ER. CONTRACTOR or ENGIN EER. or anr of Iheir consultants. a~ents or e:mploy. ~e:s frol11lhosc set forth inlhe COl1lraCI Doculllents. nor shall il be effective 10 .lssign 10 ENGINEER. or any of E~GI- NEER's cOllsuhl!nls. agcnls or employ~es. any dlll~' or authoril y 10 supervise or direCtlhe furnishing or per1'ormancc ur Ihe Work IIr anv JUlY or authorilY 10 unJ~rtake responsi. bililY conlrary 10 the pruvisions uf paragr:lph lJ.15 ur 'J.ln. Clarificalions and interprelations of the Conlract Documents ~hall be: issued by ENGINEER a~ provided in para!,!r:lph 9A. ),J. II'. during Ihe: per1urmance oflhe Work. CONTRAC. TOR finds a conflict. error or discrepancy in Ihe CllnlraCI Ducuments. CONTRACTOR shall so repurt 10 ENGINEER in wrilill!,! 011 unce and uclill'': proceedillg wilh Ihe Work atf.:ct.:d 11\l:rehv ,hall "hlaill a ",..illt:n illlcrpret:lliun IIr c1arilicatiun ') I I from ENGINEER; however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to repon any ( tiCl. error or discrepancy in the Contract Documents I ss CONTRACTOR had actual k.nowledge thereof or should reasonably have'known thereof. , Irlding and Suppumenting Contract Dacumenu: 3.4. 111e Contract Documents may be amended 10 pro- I for additions. delelions and revisions in the Work or to ify lhe lerms and conditions lhereof in one or more of (he following ways; I 3.4. J. a formal Wrinen Amendment. 3.4.2. ' a Change Order (pursuant 10 paragraph 10.41, rr 3.-I.J. a Work Direclive Change Ipursuanl 10 para- graph 10.1 I. I indicaled in paragraphs I 1.2 and 12.1. Conlracl Price and ~ontraCI Time may only be changed by a Change Order or a Wrillen Amendment. 1.5. In addition. the requirements of Ihe Conlract. Docu- ments may be supplemented. and minor varialions and devia- iI~s in lhe Work may be aUlhorized, in one or more of Ihe rOWing ways: 3.5.1. a' Field Order (pursuant to paragraph 9.5), I 3.5.~. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or ' I 3.5.3. ENGINEER's wrillen interprelalion or c1arifi. calion lpursuanl 10 paragraph 9.41, lUSt of Documenu: 3.6. Neilher CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur- IShinR any of Ihe Work under a direcI or indirecI cOnlract ilh OWNEll shall have ur :t<:'l"ile allY lille III ur Ilwllershil' 19hts in any of the Drawings. Specifications or other docu- ments lor copies of any thereoO prepared by or bearing the tal of ENGINEER: and Ihey shall nOI Ieuse any oflhem on lensions of lhe Project or any other project without wrillen ..:onsent of OWNER and ENGINEER and specific wrinen lerifiC31iOn or ada,ptation by ENGINEER. rRTICLE 4-A V AILAOILln' OF LANDS, PHYSICAL CONDITIONS: REFERENCE POINTS (l'aiUJbjJiJy of Latuis: 4.1. OWNER shall furnish. as indicated' in Ihe Contract ocuments. Ihe lands lI('Ion which the Work is 10 be ('Ier. fanned. r1l;hts.of-wav alld easelllelllS for access Iherelo. ami I 10 , . such other lands which are desilJnated for the use of CON- TRACTOR. Easements for permanent slructUres or perma- nenl changes in existing facilities will be obtained and paid for by OWNER. unless olherwise provided in lhe Contract Documents. If CONTRACTOR believes Ihat any delay in OWNER's furnishing lhese lands. righls-of-way or ease- ments entitles CONTRACTOR to an extension of lhe Con- tract Time. CONTRACTOR may make a claim therefor as provided in Anicle 12. CONTRACTOR shall, provide for all additional lands and access lhereto lhat may be required for lemporary construction facilities or storage of malerials and equipment. Ph,sictU CotUiiliDns: 4.1.1. E..rp/orations and R~poru: Reference is made 10 the Supplementary Conditions for idenlification of lhose rcpotts of explorations and testS of subsurface conditions atlhe site that have been utilized by ENGINEER in prep- aration of lhe Contract Documents. CONTRACTOR may rely upon Ihe accuracy of the technical data contained in such repons. but nOI upon nOnlechnical data. inlerpreta- lions or opinions containcd therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6. CONTRACTOR shall have full responsibility with respect 10 subsurface condilions at the sileo 4.2.2. E..riSIing S,ruc,url!s: Refcrence is made to the Supplementary Conditions ,for identification of lhose drawings of physical conditions in or relating to existing surface and subsurface stnlctures (except Underground Facililies referred to in paragraph 4.31 which are at or contiguous to lhe site lhat have been utilized by ENGI- NEER in preparation of lhe 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 purposcs, E.\cept as indicatcd in thc immediately prcceding sentcnce and in paragraph 4.~.6. CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structurcs. 4,:!.J, Ill"''''' or l>iUuilll: ClIIuJi,imlS: If CONTR.'\C. TOR belicvcs Ihal: 4 .2.J.1. any lechnical data on which CONTRAC, TOR is enlilled to rely as provided in paragraphs 4.:!.1 and 4.2.:! is inaccurate. or , 4.~.J.~. any physical condition uncovered or revealed at the site differs matcrially from that indi- cated. reflected or referred to in, the Contract Docu- menls. CONTRACTOR shall. promplly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as pennilled by para- graph 6.22l. notify O~NER and ENGINEER in writing alloUI Ihe in3c<:uracy or dilTerence. I J -I,.:!. .1. LNel N EI:.:W.I U ('\'/(''''; E;-.lG I N E EIt will proml'llly review Ihe pertinenl conditions. determine lhe nceessit yoI' ublaining :ldditional e:.'plurations ur lests Wilh respecttherelo :lnd advise OWN ER in wriling IWilh a copy /0 CONTRACTOR) of ENGINEER's findings and con- elusions. I I 4.2.5. Plluihlf! DII('//m~'" C1/("'~t!: If ENGINEER concludcs Ihat there is a material error in lhe Contract Documents or that because: of newly discove:red conui. lions a change in the Contract Documents is required. a Work Directive Change or a Change Order will be issued ilS provided in Article III to rellect anu uocument Ihe conse4uellces of lhe inaccuracy or difference. I I 4.2.6. ['''Hible Price (/1/11 Tillll' Adjll.ulllellls: In each such case. an increase or decrease in the Contract Price or an e.'l.lension or shortening of the Contract Time. or any combination thereof. will be allowable to the extent that they are allributable to any such inaccuracy or difference. If OWN ER anu CONTRACTOR are unable to agree as to lhe amount or length thereuf. a claim mav be maue Iherefor as proviued in Articles II anu 12. I I I Physical CUlldilions-L'IIJtrgrouIIJ Facililits: 4. J .1. 511OII'n or /I/{/icoud: The information anu dat~ shown ur indicatcu in Ihe Cuntracl Documents with rcspcct to e:l.isting Underground Facilities at or contiguous 10 Ihe site is based on information and data furnished 10 OWN ER or ENGINEER by Ihe owners of such Underground Facil. ities or by olhers. Unless il is ulherwise e:l.pressly pro. vided in Ihe Supplementary Condilions: I I I -1.3.1.1. OWNER and ENGINEER shall nOI be responsible fur Ihe accuracy or compleleness uf any such informallon or uala: amL I .U.I.~. CONTRACTOR shall have full responsi. bililY for reviewing anu checking all such information and data. for locating all Undergrounu Facilities shown or indicaled in Ihe Conlracl Documenls. for coordina. tion of the Work with the owners of such Underground Facililies during conslruction. for Ihe safelY ami pro- tection Ihereof as proviued in paragraph 6.::!O and repairing anv damage IherelO resulting from Ihe: Work. Ihe cosIoI' all of which will he considered as having been induded in the Conlract Price. I I I -I. J .~. ,V", 5},,,.../1 or Il/IlinlleJ. If an UndergrounLl FacililY is uncovere:d or revetlleLl :II or contiguous 10 Ihe: sire which was nOI shown or indicaled in Ihe: Conlract Documents anLl which CONTRACTOR coulLl nOI re:lson. <Iblv have be:en e.,pc:cted 10 be awart of. CONTRACTOR sholll. promplly aflc:r becoming aW:lre lhereof and before: performing any Work affecle:L1lherebv le:l.Cepl in an e:me:r- gency as pc:rmilled I'IV paragraph 6.2~1. idenlify Ihe owne:r of such UOlJ.:rgrounLl Facilil y and give \~rillen nOliee thereuf 10 Ihat ownc:r ami ht OWNER tlnu ENGINEER. ENGI. NEE/{ \\ill promplh' review Ihe 1.'llIl.:r~ro"n" F:lI:ilil\' lit I I I delermmc lhe eXlcnl II! whidl Ihe COlllracl DUI:II1llenlS should be mollified 10 rellect anu L10cument Ihe conse. .. quences of lhe existence of Ihe Underground FacililY, and lhe Contract Documenls will be amended or supplemenled 10 the eXlent necessary. During such lime. CONTRAC- TOR Shilll uc n:spollsihlc fill' Ihc safel y and prulel:liun of such Undergruund Fal:ililY:ls pruvided ill paragraph 6.20. CONTRACTOR shall be alloweu an increase in Ihe Con. (rolct Price or an extension of Ihe Conlract Time. or both. 10 Ihe e:l.tent thaI Ihey are auributable to the nistence of any Underground Facility Ihat was not shown or indicateu in the Conlracl Documents anLl which CONTRACTOR coulu not reasonably have been expected 10 he aware of. If lhe I'lanies arc untlble to agree as 10 the amounlllr Icngth .hereof. CONTI~ACTOR may make a daim lherefor as provided in Articles II and 12. Rtftrtnct Points: -I.... OWN ER shall proviLle engineering survevs to eSlab. lish reference points forconslruclIon which in ENGINEER's juLlgment are necessary 10 enable: CONTRACTOR 10 proceeu with the Work. CONTRACTOR shall be responSible for lay. ing out Ihe Work (Unless olherwise specified in Ihe General Requiremenls!. shall prolect :lnd preserve Ihe eSlablished reference poinls and shall nmke no changes or relocalions wilhoul Ihe prior wrillen approval uf OWN ER. CONTRAC. TOR shall report 10 ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon. sible for the accurate replacement or relocation of such ref. e:rence points by professionally qualified personnel. ARTICLE 5-ElONDS AND INSURANCE l'~rfor",IIt'ce alld OI/ItT /lollds: 5.1. CONTRACTOR shall furnish performance and pay. ment Bonus. each in an amounl at least equal to Ihe Contract Price as securilY for the faithful performance anu payme:nt of all CONTRACTOR' s obligalions unLler Ihe Contract Docu. ments. These DonLls shall remain in effect at leasl until one year after Ihe date when linal payment becomes due. e:\cept as olherwise provideu by Law or Regulalion or by Ihe Con. tracI Documenls. CONTRACTOR shall also furnish such uther Uonds as are required uy Ihe Supplementary Cumli. lions. All Uonds shall be in Ihe forms prescribed by Llw or Re:gulaliun or by Ihe: Conlract Documents and be e:l.cculed by such sureties as are named in ,lhe: current list of "Com. panics Holding Certificales of AUlhorily as Aeceplable Sure- lies on Federal Elonus anLlus Acceptable Reinsuring Com. panies" as published in Circular 570 lamended) by Ihe Audit Slaff l3ureau of Accounls. U.S. Treasury Depunmenl. All !Jonds signed by an agenl must be accompanied by a cen iried .:opy ot' the authoril~' 10 :lCI. 5.2. If Ihe surelY on any 130nu furnisheLl by CONTR.\C- TOR is uc:c1areu a nankrupt ur becomes insolvent or ils right III ,ilt hu~i...:ss is h:rrninlllcll in any sl:ue where any pari of II I .1 lhe Project is located or it ceases to meet the requirements E paraRraph 5.1. CONTRACTOR shaH wilhin five days hereafter substitute another Bond and Surety. bOlh of which ust be accepulble 10 OWNER. I ontraCror' r LUlbility I nsuranc:c: 5.3. CONTRAcrOR shall purchase and maintain such comprehensive general liability and other insurance as is tproPriate for Ihe Work being performed and furnished and will provide protection from claims set fonh below which may arise out of or result from CONTRAcrOR's perfor- fance and furnishing of the Work and CONTRACTOR's ther obligations under Ihe Contract Documents. whether it s to be pen'ormed or furnished by CONTRACTOR, by any Subcontractor. by anyone directly or indirectly employed by Iny of them to perform or furnish any of Ihe Work. or by nyone for whose acts any of Ihem may be liable: I 5.3.1. Claims under workers' or workmen's compen- sation. disability benerits and other similar employee ben- efit acts: I 5.3.2. Claims for dama~es because of bodily injury. occupational sickness or disease. or death of CONTRAC- TOR's employees; I 5.3.3. Claims for damages because of bodily injury. sickness or disease. or death of any person olher than CONTRACTOR's employees: I 5.3.4. Claims for damages insured by personal injury liability covera~e which are sustained lal by any person as a resull of an offense directly or indirectly related 10 Ihe employment of such person by CONTRACTOR. or (b) br any other person for any olher reason: I I 5.3.5. Claims for damages. olher Ihan 10 Ihe Work ilself. because of injury 10 or deslruclion of langible prop- cny wherever located. including loss of use resulling rhcrcfrom: I 5. J .6. Claims arising OUI of oreration of Laws or Reg- ulations for damages because of bodily injury or death uf any person or for dama!!e to propeny: and I 5.3.7. Claims for damages because of bodily injury or death of any person or propeny damage arising out of Ihe ownership, maintenance or use of any motor vehicle. IThe insurance required by this paragraph 5.3 shall include the specific, coverages and be wrillen for not less Ihan the limilS of liabilily and coverages provided in Ihe Supplemen- .1 tary Conditions. or required by law. whichever is greater. The comprehensive general liabilil y insurance shall include completed operations insurance. All of Ihe policies of insur- lance so required 10 be purchased and maintained lor Ihe cenificates or other evidence thereoO shali contain a provi- sion or endorsemenl Ihal Ihe coverage aITorded will nOI be cancelled. malenally changed or renewal refused ullIil allcasl I lhiny days' prior wrillen nouce has been given 10 OWNER :lOd ENGINEER by cenified mail. All such insurance shall remain in eflect until fina.! payment and at all times thereafter when CONTRAcrOR may be correcting. removing or replacing dtfuI;ve Work in accordance wilh paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER wilh evidence of conunuation of such insurancc at final payment and one year thereafter. ConlraenuU Liability InsUTDnee: 5.4. TIle comprehensive general liability insurance required by paragraph 5.3 will include conu';\ctualliability insurance applicable 10 CONTRACTOR's obligations under paragraphs 6.30 and 6.3 I. Own~r's Liability InrurDnee: 5.5. OWNER shall be responsiblc for purchasing and maintaining 0 WN ER . sown liabilit y insurance and, at OWNER's option, may purchase and maintain such insur- ance as will protect OWNER a~ainst claims which may arise rrom operations under the Contract Documents. Prop~rty Inruranee: 5.6. Unless olherwise provided in the Supplementary Conditions. OWNER shall purchase and maintain propeny insurance upon the Work at the site to Ihe full insurable value lhereof (subject to such deductible amounts as may be pro- vided in Ihe Supplementary Conditions or required by Laws and Regulations). This insurance shall, include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER and ENGINEER's consultants in the Work. all of whom shall be listed as insureds or additional insured panics. shall insure against Ihe perils of fire and cxtended coverage and shall include .. all risk" insurance for physical loss and damage including theft. vandalism and malicious mIschief. collapse and waler damage. and such other perils as may be provided in the Supplementary Conditions. and shall include damal!!es. losses and expenses arising out of or resulting from any insured luss or inculTed in the repair or replacemelll of any insured propeny /including but not limited to fees and charges of engineers. architecls. allorneys and olher professionalS). If not covered under the "all risk" insurance or olherwise pro- vided in me Supplementary Condilions. CONTRACTOR shall purchase and maintain similar propeny insurance on ponions of Ihe Work Slored on and off the site or in transit when such ponions of Ihe Work are 10 be included in' an Application for Paymenl. 5.7. OWN ER shall purchase and maintain such boiler and machinery insurance or additional propeny insurance as may be required by Ihe Supplementary Conditions or Laws and Regulations which will include Ihe interests of OWNER, CONTRACTOR, Subcontractors. ENGINEER AND ENGINEER's consultants in Ihe Work. all of whom shall be lisled as insured or additional insured panics. 12 I I 5.8. All the policies of insurance lor Ihe cenificates or other evidence IhereoO required 10 be purchased and main- tained by OWN ER in accordance with paragraphs 5.6 and I 5.7 will contain a provision or endorsemenl Ihat the coverage alToroed will nOl be cancelled or materially changed or renewal refused until atleastthiny days' prior wriuen notice has been I given to CONTRACTOR by cenined mail and will contain waiver provisions in accordance with paragraph 5.11.2. 5.9. OWNER shall nut be responsible for purchasing and I maintaining any propeny insurance'lo protect the interc:sts of CONTRACTOR. Subcontractors or OIhers in the Work 10 rhe extenl of any deduClible amounts that are provided in,the I Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub- contractor or others sufferin~ any such loss and ifany 01 ihem wishes propeny insurance coverage within the limits of such I amounts. each may purchase and maintain it at the purchas- ers own expense. 5.10. If CONTRACTOR requests in writing Ihat olher I special insurance be included in the propeny insurance pol- icy. OWNER shall. if possible. include such insurance. and Ihe cost thereof will be charged 10 CONTRACTOR by appro- I priate Change Order or Wrillen Amendment. Prior to cum- mencement of the Work allhe site. OWNER shall in writing advise CONTRACTOR whether or not such olher insurance has been procured by OWNER. ,I Waivtr of Rights: 5.11.1. OWN ER and CONTRACTOR waive all righls against each other for all losses and damages caused by any of Ihe perils covered by Ihe policies of insurance provided in response 10 paragraphs 5.6 and 5.7 and any other prupen~' insurance applicable 10 the Work. and also \\'aive all such rights ngamst the SubcontraclOrs. ENGI- :--lEER. E:--lGINEER's .:onsultnOls and all olher panies named as insureds in such policies for losses and damages so caused. ..\s required by paragraph 6.11. each subcon- Iract between CONTRACTOR and a Subcontractor will ,contain similar waiver provisions by the Subcontractor in favorolOWNER. CONTRACTOR. ENGINEER. ENGI- N E ER's cllnsuhnnts ami all other panies nnllled as insureds. None of the: abuve waivers shall eAtend 10 Ihe rights Ihat any of the insurell panies may have IU Ihe proceeds uf insurance held by OWN ER as Irllstee or olhe:rwise pa~'- ,Ibk untler any policy so issued. I I I I I I 5.11.2. OWN ER and CONTRACTOR intend lhat anv policies provided in response: 10 paragraphs 5.6 and 5,7 shall protect all uf Ihe: panics insured and provide primarv covt:rage for all losses and damages caused b~' Ihe perils co\en:d Ih.:rehy. :\ccordinglv. all su(~ polil:ies shalll:on- lain provisions 10 Ihe: dfeel Ihal in lhe: evenl of paymenl of any loss or damage: Ihe: insurer Will have: no rights llf rt:co\'erv a~ainst am' of the panic:s named as insureds ,lr additional insureds. and if the insur(,rs rC:4uirc: sc:parate \\':IivCf forms h) he signed bv ENGINEER llf ENGI- :--l E E R '" C\'"SlIlIanl OW'J E It w,lI .llllain I h.: -am.:. ;lnd if I I I such waiver forms are .required of any Subconlractor. CONTRACTOR will obtain the same. Rectipt and Application of Procttds: 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 10 OWNER as lrustee for the insureds. as Iheir inlerests may appear. subjeello Ihe require- ments 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 wilh sueh agreement as lhe panies in interest may reach. If no olher special agreement is reached Ihe 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 Wriuen Amendment. 5.13. OWNER as trustee shall have power 10 adjust and seule any loss wilh Ihe insurers unless one of Ihe panics in interest shall object in wriling wilhin fifteen days after the uccurrence of luss 10 OWN ER's exercise of Ihis power. If such objection be made. OWNER as lrustee shall make sel- llement with Ihe insurers in accordance wilh such agreement as Ihe panics in interest may reach. If required in wriling by any pany in inler.est. OWNER as lruslee shall. upon the occurrence of an insured loss. give bond for Ihe proper per- formance of such duties. Acctptanct of Insuranct: 5.14. If OWN ER has any objeclion 10 Ihe coverage afforded by or olher provisions of Ihe insurance reqt:ired 10 be pur- chased and mainlained by CONTRACTOR in accordance with paragraphs 5.3 and 5A on Ihe basis of ils nOI complying wilh the Contract Documents. OWNER shall nOlify CON- TRACTOR in writing thereof wilhin len days of the dale of Jclivery of such certificates 10 OWNER in accordance wilh paragraph '2..7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and mainlained by OWN ER in accordance wilh paragraphs 5.6 and 5.7 on Ihe basis of their nOI. complying with Ihe Contract Docume:nts. CON- TRACTOR shall notify OWNER in writing Ihereof within ten days of the date of delivery of such cenificates 10 CON- TRACTOR in accordance: with paragraph 2.7. OWNER and CONTRACTOR shall each provide 10 Ihe olher such adtli- lional inforrmuion in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR 10 give any such notice of objection within Ihe lime provided shall conslitule acceplance of such insur- ance purchasc:d by the othe:r as complying wilh Ihe COlllracl Documents. Partial L'lili:JJlion-l'ropern' Insuranct: 5.15. If OWNER nnds il necessarv to Ol:cuPY or use a portion or portions uf Ihe Wurk priur 10 Substanlial Cumple:- lion of alllhe: Work. such IISe: or occupancy mav be al:com- I'lishcd in accordnllc,: Wilh paragraph 1-t.IO: pruvilled that nu I J I I such use or occupancy shall commence before the insurers providing the propeny insurance have acknowledged notice thereof and in writing effected the chanltes in coveralte neces- sitated thereby. 11le insurers providinlt the propeny insur- ance shall consent by endorsement on the policy or policies. but the propeny insurance shaH not be cancelled or lapse on account of any such partial use or occupancy. I I I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES I Sup~,."ision and SU1Hrinr~n4~nc~: 6.1. CONTRACTOR shall sl.lpervise and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expenise as may be necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the' means. methods. techniques. sequences and procedures of construction. but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means. method. technique. sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. I I I I 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENG IN EER except under extraordinary circumstances. The superintendent will be CONTRACTOR's repre,sentative 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 10 CONTRACTOR. I I Labor. .\fauriLJls and Equ;pm~nt: I 6.J. CONTRACTOR shall prOVide competent. suitably qualified personnel to survey and Jar out the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall al all limes maintaIn good discipline and order at Ihe site. Excepl in conneclion wilh the safety or proteclion of persons or the Work or propeny at the site or adjacent Ihereto. anti except as otherwise indicated in the I Contract Documents. all Work at the site shall be performed during regular working hours. and CONTRACTOR will not permit ovenime work or the performance of Work on Sat- urday. Sunday or any legal holiday without OWNER's writ- lcn conscnt given aftcr prior wrillen nOlice'to ENGINEER. I I I 6.4. Unless OIherwise specified in the General Require- mcnts. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor. transponation. construction equipment and machinery. lools. appliances. fuel. power. lig.ht. heat. telephone. water. sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing. performance. tesling. slan.up and complclion of the Work. I I 6.5. All malerials and equipment shall be of 1100d quality and new. except as otherwise provided in the Contract Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including repons of required lestsl as to the kind and quality of materials and equipment. All malerials and equipment shaJl be applied. installed. con- nected. erected. used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will bc effective 10 assign to ENGINEER. or any of ENGINEER's consultants. altents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any dUlv or author- ity to undenake responsibililY contrary 10 thc prOVisions of paragraph 9.15 or 9.16. Adjwting Progress Scheduu: 6.6. CONTRACTOR shaJl submit to ENGINEER for acceptance Ito the extent indicated in paragraph 2.91 adjust. ments in the progress schedule to reflect the impact thereon of new dcvelopments: Ihese win conform generally to the progress schedulc then in effect and additionally will comply with any provisions of the General Requirements applicable Ihereto. Substitutes or "Or-Equal" l/~ms: 6.7.1. Whenever matcrials or equipment are spccitied or described in the Contract Documcnts by using the name of a proprietary item or the name of a panicular Supplier lhe naming of the item is intended to establish the type. function and quality required. Unless the name is followed by words indicating' that no subStitution is permiued. materials or equipmcnt of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR 10 allow ENGINEER 10 del ermine Ihat Ihe material or equipment proposed is equivalent or equal 10 thai named. 11le 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- N EER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to fu~nish or use a substitute item of material or equipment. CONTRACTOR shall make writ- len application to ENGINEER for acceptance thereof. cenifying that the proposed substilute will perform ade- quately the funCtions and achieve the results called for by the gencral design. be similar and of equal substancc to that specified and be suitcd to the same use as that spec- ified. The application will state that the evaluation and acceptance' of the proposed substitute will not prejudicc CONTRACTOR's achievemcnt of Substantial Comple- lion on time. whether or not acceptance of the substitute - for use 'in Ihe Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project/to adapt the design to the proposed substitute and whethcr or not incorporalion or u~e of the substitute in connection with Ihe Work is subJecl III payment 01' allY m:cllse Ice or 14 I I royallv, 1\11 vanallO/lS o(the proposcu SlIhslIlIJle IruIn Ihal specified w,1I be idelllilied ill Ihe applic,llioll and available maintenance. repair and replacemenl service will be indi- (aled. The applicalion will also cunl:!in an ilemized eSli- male O( all COSIS that will resull uin:clly or indireclly from acceptance of such subslitule. illduding CUSIS uf redesign and claims of olher conlractors affecled by Ihe resulting change. all of which shall be considered by ENGINEER in evalualing Ihe proposed SUbslilule. ENGINEER mar require CONTRACTOR 10 furnish al CONTRACTOR.s expense addiliunal dala abOUI Ihe' propused SUbslitute. I I I 0.7.2. If a specific meiJns. melhoJ.lcc:hnique. sequence ur pruceuure of (on,slruclion is imJiCilled in or required b,. 'Ihe CO/ltract I)m;uments. CONTRACTOR may furnish or ulilile a SUhslilllle means. mClhou. scqUCIH:C. tcchniquc or proceuure uf construction acceptable 10 ENGINEER. if CONTRACTOR submils sufficienl information 10 allow ENG I N E ER 10 determine lhat the substitule proposed is equivalenl 10 Ihat indicaled ur required by Ihe Cuntract Documents. The proceuure for review bv ENGINEER will be similar 10 Ihal orovided in par.Jgraph 6.7.1 as applieu lJv ENGINEER and as may be supplementcd in thc Gcu. eral Requirements. 'I I I I 6.7.3. E:"lGINEER will be alloweu a reasonable lime within which 10 evaluate each proposed SUbslilule. ENGI- N EER will be the sole juJge of acceplabilil y. and 110 sUbslitule will be orJereJ. illslalled ur utilized wilhuul ENGIN EER's prior wrillen accep.ance which will be evi- denced by eilher a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR 10 fur- nish al CONTRACTOR's e;(pense a special performance guarantee or olher surety wilh respecl 10 any subslilute. ENGINEER will record time required by ENGINEER and ENGINEER'~ consultanls in eva:uating SUbslitulions proposed by CONTRACTOR ,.nd in rnakin~ changes in the COOlract Documenls occasioned thereby. \Vhether or mll ENGIN EE;R accepl~ a proposeu substitute:. CON. TRACTOR shall reimhursc OWNER fur Ihe charges uf ENGINEER :lnd ENGINEER's consultants for evalual' ing each proposed substilute. I I I I I Cunc~r"""!( S"bcontraclon. SlIppii~n and Oth~rr: 6.8. I. CONTRACTOR shall nOI employ an\' Subcon- tractor. Supplier ur OIher person or organizationl inctudill~ Ihose acceplable 10 OWN ER anu ENGIN EER as indi- caled in paragraph 6.8.21. whether inilially or as a subsli. lute. against whom OWNER or ENGINEER may ha\'e: reasonahle ohjeclilln. CONTRACTOR shall nOll1e: requircu 10 C:lllplov all~' SuhcOnlra(lor. Supplier .Jr olh.:r person "I' organizalion \U furnish ur pertorm any of Ihe Wurk against whom CONTRACTOR has reasonahle objecli'Ill. 0.:1.2. If Ihe Supplemenlary CunJilions require the: ide:ntilv of c.:nain Sul1contraclor~. Suppliers 'If ,lIher per. sons or IIrganizalillns I incluuing thuse who arc 10 furnish Ihe pnncipal ilems \If matermls and.;quipment 110 be sul>- mille:dlo O\VNER in advance or lh~ specified date prior III Ihe Err.:':live 1):1": of thc ..\~reell1C:III rill' :1I:,:,'PI:lIIO: b\' I I I 1- I OWNER and ENGI!'lEER anu If CONTRACTOR has submilleu a Iisl Ihereof in accordance with Ihe Supple- mentary Condilions. OWNER's or ENGINEER's accept- ance I either in writing or by failing to make wrillen objec- lion Ihereto by Ihe date indicaled for acceptance or objec- lion in Ihe bidding Jocumenls or the CUlllracl Ducumenls) of any such Subcontractor. Supplier or olher person or organizalion so iuenlified may be revoked on Ihe basis of reasonable objeclion after due investigation. in which Case CONTRACTOR shall submit an acceplable substilute. Ihe Contract Price will be increased by Ihe difference in lhe cost occasioned by such subslitulion and an appropriate Change Order will be issued or Wrillen AlllendlllCl1I signed. No acceplance by OWNER or ENGINEER of allY such SUhCOnlrilClOr. Supplier or III her penlln or Ilrganizatllln shall cllnstitute a waivcr of allv right Ill' OWN ER or ENGI- N EER 10 reject JC'ji?(.ti,'~ Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissiuns of Ihe Subcon- tractors. Suppliers and olher persons and organizations per- forming or furnishing allY of Ihe Work under a direcl or indirecl contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own aCIS and omis- sions. NOlhing in Ihe Conlract Documents shall creale any contraclual relalionship belween'OWNER ur ENGINEER and any such Subconlractor. Supplier or other person or organizalion. nor shall it creale any obligalion on Ihe pan of OWNER ur ENGINEER lu pay ur 10 sce 10 Ihe payment of any moneys due any such Subconlractor. Supplier or 01 her person or organization except as may olherwise be required by Laws and Regulalions. 6.10. The divisions anJ sections of Ihe Specifications and (he idemificalions of any Drawings shall not control CON- TRACTOR in dividing lhe Work among Subcomractors or Suppliers or dc:lineating Ihe Work 10 be performeu by any specilic traue. 6.11. ,.\11 Work performed for CONTRACTOR by a Sub- contraClor will be pursuant to an appropriate agreement between CONTRACTOR and the Subconlractor which spe- cifically binds the Subcontractor 10 the applicable lerms and condilions of Ihe Comracl DocumeOls for Ihe bc:nelil of OWNER and ENGINEER amJ conlains waiver provi~ions as requireu by para~raph 5.1,. CONTRACTOR shall pay each Subcontractor a jusl share of any in~urance moneys received bv CONTRACTOR un accounl oflos~es under pol- icies issued pursuant 10 paragraphs 5.6 and 5.7. I'aunt Fur umi RU,I'al/in: 6.12. CONTRACTOR shall pay all license fe:es and roy- allies and assume all CU~IS incidenl to Ihe use in Ihe pufor- mance uf Ihe Wmk ur Ihe: incorporaliun in Ihe: Wmk uf any Invenliun. Jesign. process. product ur u.:vice "hich is lhe subjecl or palenl rights IIr (opyrights held l'l\" \lIhers. If a panicular inventiun. design. process. prouucl or device: is specifieu ill Ihe Cunlracl DucumenlS for use: in Ihe perfor- lIIancc of I he \Vork ami if 10 I he aClllal kllllw!c,I!,!c of OWN E R 15 I I or ENGINEER its use is subject to patent rights orcopynghts calling for the payment of any license fee or royalty to othe~. Ilhe existence of such rights shaH be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold hannless OWNER andENGlNEER and anyone direclly or indireclly employed by either of them from and I against all claims. damqes. losses and expenses (inclUding attorneys' fees and coun and arbitration costs) arising out of any jllCrillRement of patcnt rights or,copyrigllls incident to (he use in the perfonnance of the Work or resulting from the I incorporation in the Work oC any invention. deSign. process. product or device not specified in the Contract Documents. and shaH defend all such claims in connection with any alleged I infringemelll of such rights. Ptrmils: I 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con. struction penn its and licenses. OWNER shall assist CON. 'I TRACTOR. when necessary. in obtaining such pennits and licenses. CONTRACTOR shall pay aJI governmental charges and inspection fees neccssary for the prosecution of the Work. which are applicable at the Lime of opening of Bids. or if there I are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay aU charges of utility owners for con- nections 10 Ihe Work. and OWNER shall pay all chBIies of I such utility owners for capital costs related thereto such as plant investment fees. I LAw, and RtguUuioru: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable 10 fur- nishing and performance of the Work. E.,cept where olh- erwise expressly required by applicable Laws and Regu- lalions. nellherOWNER nor ENGINEER shall be respon- sible for monilOring CONTRACTOR's compliance Wilh any Laws or Regulations. I I 6.14.2. If CONTRACTOR observes Ihat the Specifi- cations or Drawings are at variance wilh any Laws or Regulalions. CONTRACTOR shall give ENGINEER prompl wnllen nOlice Ihereof. and any necessary changes will be aUlhorized by one of lhe methods indicated in parallraph 3.4, If CONTRACTOR perfonns allY Work knowing or having reason to know Ihat it is contrary 10 such Laws or Regulations. and withoul such notice to ENGINEER. CONTRACTOR shall bear all com arising therefrom: however. il shall nOI be CONTRACTOR's pri- mary responsibililY 10 make certain that the Specificalions and Drawings are in accordance with such Laws and Regulalions. I I I I T a..res: I 6.15. CONTRACTOR shall pay all sales. consumer. use and olher simil:u- taxes required to be paid by CONTRAC- TOR in accordance Willi .he Laws and Regulalions 01 the I place of lhe Project which are applicable during Ihe perfor- mance of the Work. U" of Premue,: 6.16. CONTRACTOR shall contine conslruction cquip- ment. the slorage of materials and equipment and the oper- ations of workers to the Project site and hmd and areas iden- tified in and pennitted by the Contract Documents and other land and areas permitted by Laws and Regulations. rights- of-way, pennits and casements. and shall not unreasonably encumber the premises wilh construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage 10 any such land or area. or to .he owner or occupant Ihereof or of any land or areas contig- uous thereto. resulting from the perfonnance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the perfonnance oflhe Work. CONTRACTOR shall promptly attempt to setlle with such other party by agreement or otherwise resolve Ihe claim by arbitration or at law. CONTRACTOR shall. to the fuUest 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. architects. anomeys and other professionals and coun and arbitration costs) arising direclly. indirectly or consequentially out of any action. legal or equi- lable. brought by any such other pany against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's perfonnance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials. rubbish and 'olher debris resulting from the Work. AI the complelion of Ihe Work CONTRACTOR shall remove all wasle m:lIeriais. rubbish and debris from and aboul Ihe premises as well as all 10015. appliances. conslruclion cQuip- ment and machinery. and sU'1'lus malerials. and shallleavc the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all propeny not designated for alteration by t,he Contract Documents. 6.18. CONTRACTOR shall nOI toad nor permit any pan of any slructure 10 be loaded in any manner Ihal will endanger the slructure. nor shall CONTRACTOR subject any pan of the Work or adjacenl propeny 10 stresses or pressures thai will endanger it. Rtcord Documents: 6.19. CONTRACTOR shall maintain in a safe place at the sile one record copy of all Drawings. Specifications. Addenda. Wrillen .'\mendments. Change Orders. Work Dir~ctive Changes. Field Orders and written intcrpretations and clarifications (issued pursuant 10 paragraph 9.4) in good order and annotated to show all changes made during con- struction. T~ese record documents together wilh all approved samples and a counlerpan of all approved Shop Drawings will be available 10 ENGINEER for reference. Upon COlli- 16 I I pletion 01 the Work. lhesc recon.l JOCIIIllCnlS. samples and Shop l)r;Jwings wtll be delivered to ENGIN EER for OWN ER. I Sa/tly and ProttClion: 6.20. CONTRACTOR shall be responsible for initialing. maintaining and supervising all safety precautions and pro. grams in connection wilh the Work. CONTRACTOR shall lake all necessary precautions for lhe safety of. and shall provide the necessary protection to prevent damage. injury or loss 10: I I I 6.20,1. all employees on Ihe Work anu ulher persons and organizations who may be al1'ectedlhereby: I f1.2!),:!. ;.Ill the Work alld malerials and e4uipment 10 be incorporated Iherein. whether in storage on or off rhe site: and I 6.20.3. other propenyat lhe site or adjacent lherelo. indudin~ Iree:,>. shrubs. lawns. walks. pavemenls. ruaLl. ways. structures. utililies and UnLlergroum.l Facililies not designaled for removal. relocation or replacement in lhe course of construction. I CONTRACTOR shall comply wilh all applicable Laws and Regulations of any public body having jurisdiction for ihe safel yoI' persons or property or to proll.ctthem from damage. injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall nOtify owners of adjacenl properlY and of Underground Facililies nnd utililY owners when proseCUtion of Ihe Work ma~' affect them. and shall cooperale Wilh them in lhe pro- leclion. removal. relocation and replacement of their prop- eny. .\11 Jamage. injurv or loss to any propert\'- rcferreu 10 in par;]graph 6,2U.2 or 6.2U.3 caused. uireclly or inuirecll\', in \\hole or 1/1 P:JrI. b\' CONTRACTOR. any SlIb<.:onlraclllr. Supplier or any olher person or orgal1lzalion direclly or inJi- recll\' emplo~'ed by :Jny of lhem to perform or furnish any uf rhe Work or :Jn~'one for whose aCls any oflhem ma~' be liable. shall be remedied by CONTRACTOR le:tCepl d:lm:lge or 10S5 allribulable 10 .he faull of Drawings or Specificalions or 10 fhe acts or omissions of OWN ER ur ENGIN EER or anyone clllplo~'e:L1 uy e:uher uf lhem or anyolle fur whose: aClS cilh.:r of the:m may 11e: liable. anu nOI allribulablc:. uire:<':llv or inJi- rccth'. in whole: or ill parI. 10 Ihe: fault or negligen.:.: uf CO:\- TR.\'CT01U. CONTRACTOR's uUlie:,> allJ rc:spllnsibililie:s for the: Safel\' :tnu proteclion of Ihe Work shull cunllnue until m~h lime: as alllhe Work is cumplele:d nnd ENGI:-.IEER has issue:J a nUlice: 10 OWNER allJ CONTlUCTOR in ;1I':l:llld. ance: Wilh paragraph 1-1, I J lhal lhe Wurk is al:l:e:pl:tble: I e:.'u:ept as ulhc:rwise c:xpressly proviued in conneclion \\ ilh Subslan- tial Complelion.. I I I I I I I I ().~ I. CONTRACTOR shall Jesignale a rcspllnsiblc: re:p. resc:nl:lli\',: al Ihe sile whose JUI\' shalll1e lhe prC:\'enlillll ,If accldc:nls. rhis per~un shall 11c: C')NTR.\CTO It. S slIpe:rin. lelllknl IInl.:ss "Ihawis.: dc:si~nale'u in wrilill~ bv CO:'-j- TR.\CTOI{ III ()WNl:H, I I r: mery:enciu: 6.22. In emergencies affecling lhe safetY or prOleclion of persons or Ihe Work or propeny allhe sile or adjacenltherelo. CONTRACTOR. withOUt special instruCtion or authorization from ENGINEER or OWNER. is obligated to aCltO prevent threatened uamage. injury or loss. CONTRACTOR sh;]1I give ENGIN EER prompl wrillen nOlice if CONTRACTOR believes that any significanl changes in Ihe Work or varialions from lhe COntraCI Documenls have been caused thereby. If ENG 1- NEER determines lhal a change in lhe Contracl Documents is required because of the aClion taken in response 10 an emergency. a Work Directive Ch:lnge or Change Order will be issued to uocument the conse4uences of Ihe changes ur variations. Shop Drawin~J and Samp/u: 6.23. After checking and verifying all field measuremenlS and after complying Wilh applicable procedures specified in lhe Ge:neral Requirements. CONTRACTOR shall submil to ENGIN EER for review and approval in accordance with the accepted schedule of Shop DrawlIlg suumisslOns I see para-' graph 2.9), or for other appropriale action if ~o indicaled in Ihe Supplemenrary Conuitions. five copies lunless otherwise specified in the General Requiremenlsl of all Shop Drawings. which will bear .a Stamp or specific wrillen indication thai CONTRACTOR has satisfied CONTRACTOR's responsi- bilities unuer the Contract DocumentS wilh respect to Ihe review of the submission. All sUbmissiollS will be idenri/ieu as ENGINEER may require. The dala shown on lhe Shop Drawings will be complete Wilh respecl 10 quantities. dimen- sions. specified performance anu design criteria. materials and similar dala to enable ENGINEER to review lhe infor- mation as required. 6,24., CONTR.\CTOR shall also submil to ENGI~EER for review nnu approval Wilh such promptness as to cause no dcla~' in Work. ;]11 samples requireu In' the CIlnlract Doc. uments. All samples will have been checkeu by and :Jccom- panied by a specific wrillen indication thaI CONTRACTOR has satisfied CONTRACTOR's responsibilities under the CllnlraCt Documents Wilh respecl.to Ihe: review of the sub- mission and will be identific:d clearly;]s 10 material. Sqpplier. peninent L1nla such as catalug numh.:rs alllllhc use fur which inlendeLl. 6.25.1. Before submission of .:ach Shop Drawing ur sample CONTR.\CTOR shall have uelermined and veri. fied all 4uanlitie:s. dimensions. specilled performance cri- teria. installarilln requirements. materials. catalo~ num- hers alld similar dala II ilh resp':l:t therelll alld reviewed ur coordin:lleu e:ach Shop Ora\\'mg or sUllIple with Other Shop Drawings and samples anu wilh the requiremc:nts of lhe Work and the Contract Ducumenls. 6.25.2. ;\1 the: time: Ilf e:.Jch submission. CONTRAC. TOR shalll!ive ENGIN EER spe<.:iric \Hillen nOlice uf each varialiun .ilat Ihe Shur Dr;]....in~s ur sampl.:s may have from lhe requirements "f lhe C"lllrncl D\Il:umc:nts. and. in addi.;..". ;'\haU calls-': .a :"lpccilil' nOlillitH' hJ he lu:uh: un 17 I I each Shop Drawing submilted 10 ENGINEER for review and approval of each such varialion. I 6.26. ENGINEER will review and approve wilh reason- able promplness Shop Drawings and samples. bUl ENGI- N EER' s review ami approval will be only for confonnance wilh the design concepl of lhe Projecl and for compliance with Ihe informalion given in Ihe ConlIact Documents and shall nOl eXlend 10 means. methods. lechniques. sequences or procedures of conslIUction (except where a specific means. method. technique. sequence or procedure of conslIUction is indicated in or required by the Contnlct Documents) or to safety precaulions or programs incident lhereto. The review and approval o{ a sepllnlle ilem as such will nOI indic:lle approval o{ the assembly in which the ilem funclions. CON- TRACTOR shall make correclions required by ENGINEER. and shall return lhe required number of corrected copies of Shop Dnlwings and submit as required new samples for review and approval. CONTRACTOR shall direct specific auention in wriling 10 revisions other lhan Ihe correclions called for by ENGINEER on previous slIbminals. I I I I I 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibi!ity for any variation from the requirements of the Contract Documents unless CONTRACTOR has in wriling called ENGINEER's auention to each such varialion al Ihe lime of submission as required by paragraph 6.25.2 and ENGINEER has given wriuen approval of each such varia- lion by a specific wriuen notation thereof incorponlled 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 wilh Ihe pro- visions of paragr.1ph 6.2.5.1. I I I I 6.28. Where:1 Shop Drawing or sample is required bv Ihe Speclficalions. :1ny relaled Work perlormed pnor 10 ENGI- N EER's review and approval of Ihe peninenl submission will be the sole expense and responsibililY 0\ CONTRACTOR. I I Continuing thr Work: 6.29. CONTRACrOR shall carry on Ihe Work and adhere 10 Ihe progress schedule during all dispules or disagreemenlS wilh OWNER. No Work shall be delayed or poslponed pend- ing resolution of any dispules or disagreements. except as permiued by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. I I J rui.mnifiealion: 6.30. To the fullest eXlent permilled by Laws and Regu- lalions CONTRACTOR shall indemnify and hold hannJess OWNER and ENGINEER and their consuhants, agents and employees from and againsl all claims. damages. losses and expenses. direct. indirecl or consequential (including but nOI limiled 10 fees and charges of engineers. archilecls. allomeys and olher professionals and coun and :1rhilralion ensls) ntis- illg Olll 01' or resulllllg '-rom Ihe performance of the Work. I I I provided that any such claim. damage. loss or expense la) is auributable to bodily injury. sickness, disease or death. or to injury to or deslIUclion of tangible propeny 10lher than the Work ilself) including lhe loss of use resulting therefrom and (b) is caused in whole or in pan by any negligent aCl or omission of CONTRACTOR. any SubconlraclOr, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work: or anyone for whose aclS any of them may be liable. regardless oj whether or nol it is caused in pan by a pany indemnified hereunder or arises by or is imposed by Law and Regulations regardless of Ihe negligence of any such pany. 6.3 I. In any and all claims against OWNER or ENGI- N EER or any of lheir consuhanlS. al!enls or employees by any employee of CONTRACTOR. any Subconlnlctor. any person or organization direclly or indirectly employed by any of Ihem to perform or furnish any of the Work or anyone for whose acts any of them may be liable, Ihe indemnification obligation under panlgraph 6.30 shall nOI be limited in any way by nny limilalion on Ihe amOUnl or Iype of damages. compensalion or benefils payable by or for CONTRACfOR or any such Subconlf'actor or other person or organization under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER. ENGINEER's consultants. agents or employees arising out of the preparation or approval of maps. dnlwings. opinions. repons. surveys, Change Orders. designs or specifications. ARTICLE 7-OTIIER WORK Rrlaud Work at Site: 7.1. OWN ER may perform other work relaled 10 the Proj. ect at Ihe sile by OWNER's own forces. havc olher work performed by utility owners or let otherdirecl conU'acts therefor which shall contain Genenll Condilions similar to lhese. If Ihe facllhat such olher work is 10 be performed was not nOled ill Ihe ConlraCI Docurilenls. wriuen nolice Ihereof will be given 10 CONTRACfOR prior 10 slaninl! any such olher work: and. if CONTRACTOR believes Ihat such perfor. mance will involve additional expense 10 CONTRACfOR or requires addilional time and Ihe panics are unable to agree as 10 Ihe ex lent Ihereof. CONTRACTOR may make a claim (herefor as provided in Articles II and 12. 7,;. CONTRACTOR shall alTord each utility owner and other conlraClor who is a pany 10 such a direct conlIactlor OWNER. if OWNER is performing the additional work wilh OWNER's employees) proper and safe access to the site and a-reasonable opponunity for the introduclion and storage of ' materials and equipment and the execution of such work, and shall properly connect and coordinale the Work with thein. CONTRACfOR shall do all CUlling. fining and palching of the Work Ihalmay be rcquircd 10 make ilS sevcral pans come logelher properly alld inlegrale wilh such OIher work. CON- 18 I I TI{ACTOI{ ~hallllt)l cntlanl!er an\( work ot olhcrs hv Cl)lllng. C:'lCavalll1g or olherwise allering their work alll] will only cut or aller ,heir work wilh the wrillen consent of ENGINEER ;lIIU Ihe ulhers whose work will be aHecteu. The uUlies and responsibililies'of CONTRACTOR under Ihis paragraph are f(;r the henefit of such utility owners and other conlractors 10 lhe e:'((ent Ihat Ihere are comparable Ilrovisions for the benent of CONTRACTOR in said direct contracts between OWN ER anu such utililY owners and other COnlractors. I I ,I 7.3, If any part of CONTRACTOR's Work lIepends for proper e:tecution or results upon the work of any stich olher conlrnClor or tllililY owner for OWNERl. CONTRACTOR shall insrect am] rromptlv report 10 ENGINEER in wrilin~ ;lny delavs. defecls or deliciencies in such wNk lhat render il unavailable or unsuitable for such proper e:'leculion and results. CONTRACTOR's failure so 10 repon will constitule ;Ill accept;lnce of Ihe other work as lil and proper for integra. lion Wilh CONTRACTOR's Work except for latent or non- apparenl defects and deliciencies in the olher work. I I I C"ooraintJlitln: 7.4. Jr OWNER conmlcts with olhers for the perfor- lII;Jncc or ulher work on the Project atlhe site. the person or urganizalion who will have authority and responsibility for coordination of the acti\'ities among the various prime con. Ifactors ....ill be identified in Ihe Supplementary Conditions. and the specific mailers 10 be covered by such authority and responsibility will be itemized. and Ihe e:'ltent of such author- ity and responsibilities will be providd. in the Supplementary Conditions. Unless olherwise provided in lhe Supplementary Conditions. neither OWNER nor ENGINEER shall have anv authority or responsibility in respect of such coordination. I I I I :\HTlCLE il-nwNER.S RESPONSIBILITIES I ll, I, OWNER shall issue :III communications to CON- TRACTOR through ENGINEER. I S.:!. In case of termination of the employment of ENGI- NEER. OWNER shall nppoint :In en!,!ineer agninst whom CONTRACTOR makes no reason:lble objection. whose sln- tus under the COnlract Documents shall be that of Ihe former ENGINEER. .\nv di'\pule in connection wilh such appoint- lIlellt shall he subject to arbitration. I 8.3. OWNER shall furnish the data required of OWNER under the Cuntract Documents promptly and shall make pay- ments 10 CONTRACTOR promptly after lhey are due ::IS provided in paragraphs 1~.4 and 14.13. I I :iA. ()WNER.s dUlies in respect of provioillg 1::Illlls ano ~as~",~nls ;lnd providin~ engineering surveys tu ~stablish reference rminls are s~t '-orth in para!!r.lohs 4,) and :1.4, Par::l- gr:1ph ~.2 relcrs 10 OWNER's identifying and making avail. :lble 10 CONTRACTOR cories of reporrs of e;l(plor.llions and leSlS "" 'lIh'III'I;ICC cllndilillns arrhe sile alll] in C:'l is. il1\; Slrll':, I I lures which have bccn IIl1lilcd by ENGINEER in preparing the Drawings anll Specifications. 8.5. OWNER's responsibililies in respect of purchasing ;lnd maintaining liability anll properry insurance are set forth in paragraphs 5.5 Ihrough 5.8. 8.6. OWNER is obligated to e:'lecute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 13.4. 8.8. In connection wilh OWNER', right to stop Work or , suspenu Wnrk. see paragr:!phs IJ.IO nnd 1).1. Paragraph IS.:! lIeals wllh OWN ER' s riGht to lerminate services of CON- TRACTOR under cenain circumstances. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Owner's Rt!presentat;ve: 9.1. ENGINEER will be OWNER's represenl3tive dur- ing the construc~ion period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in thoe Con- tract Documents and shall not be elttended without written consent of OWNER and ENGINEER, Visits to Site: 9.2. ENGIN EER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the eltecuted Work and to u<:ter. mine. in general. if Ihe Work is proceedinR in accordance with Ihe Cumract Documents. E:-lGIN EER will not be: reqUlrell to make e:thaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's (Iforls will be lIirected toward providing for OWN ER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-sile ubserv:!lions as :In experienced and qualified design profes- sion:!!. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWN ER against lIefeets and deliCiencies in the Work. rrojtct R tpreuntation: 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Represcnuuive to assist ENGIN EER in observing the performance of the Work, The duties. responsibilities anll limitalions uf authorit\. of any such Resioent Project Represent:uive and 3ssist:1nts will be _ as provide:u in (he: Suppkme:ntary Condilions. If OWNER uesignate:s another agent 10 represent OWNER al lhe: site who is not ENGINEER's :lgent or employee:. the Jutie:s. responsibilities and limit:ltions of authority of such other paso" will he :lS rrllviclccl ill lhe SlIpplerncnl:lfv ComJjtilln~. 19 I I Clarifications and Inurprruuions: 9.4. ENGINEER will issue with reasonable promptness, such wrillen c1:uitications or inlefllretations of the require- menu of the CODtract Documents (in the form of Drawings or otherwise) as ENGINEER may det~rmine necessary, which shall be consistent with or reasonably inferable from the overall inlent of the Contract Documents. If CONTRACTOR believes that a wrinen clarification or intefllretation justifies an incre:ue in the Contract Price or an extension of the Contract Time and the parties arc unable to agree to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article II or Article 12. I I I I A ulhoriuti Vnriarions in Work: I 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which' do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER. and also on CONTRACTOR who sh:t11 "erfonn the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an incre:.se in the Contract Price or :10 extension of the Contract Time and the parties are unable 10 agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Anicle II or 12. I I I Rejecring Oeftcrive Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be d~ftCI;vt. and will also have authority to require special inspection orresting of the Work as provided in paragraph 13.9. whether or not rhe Work is fabric:ued, inst.aJled or completed. I I Shop Drawings, Change Orden and Payments: 9.7. In connection with ENGINEER's responsibililY for Shop IJr;JwllIllS alld samples. see paragraphs 6.23 through 6.29 inclusive. I I 9.8. ,In connection with ENGINEER's responsibilities as 10 Ch;Jnlle Orders. see Anicle~ 10. I J and 12. 9.9. In connection with ENGINEE."'-s responsibilities in re~rect of Arplic;lliolls for Payment. etc.. see Article 14. I DtttrminDI;ons for UniJ Prius: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work perfonned by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's rreliminary determinations on such mallen; before rendering a written decision thereon (by recommen- dation of an Application for Payment or otherwise I. ENGI- N E ER' s written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless. within ten days after the date of any such decision. either OWNER or CON- TR.'\CTOR delivers to Ihe olher "any 10 Ihe .'\~reemenl and I I I I 10 ENGINEER wrinen .notice of intention to appeal from such a decision. Oecisions on Duplllt!s: 9.11. ENGlN EER will be the initial intefllreter oC the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims. disputes and other matte" relating to the acceptability of the Work or the intefllretation of the requirements of the Contract Documents penaining to the perfonnance and furnishing of the Work and claims under Anicles II and 12 in respect oC changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a fonnal decision in accordance Wilh this paraRr.lph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim. dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (bUt in no event later than thirty days) after the occurrence of the event giving rise thereto. and written supponing data will be submilled to ENGINEER and rhe olher p:lny wilhin sixty days :ICIer snch occurrence unless ENGIN EER allows an additional period of time to ascertain more accurate data in suppan of the claim. 9.12. When functioning as intefllreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any inlefllretation or decision rendered in good Caith in such capacity. The rendering of a decision by ENGINEER pun;uantto paragraphs 9.10 and 9.11 with respect 10 aily such claim. dispute or other mailer (except any which have been waived by the making or acceptance of tinal pay- ment as provided in paragraph 14.16) will be a condition precedent to any eltercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or OIher maller. UmittUiOIU on ENGINEER's Ruponsibililiu: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good failh eilher 10 exercise or nol exercise such :tlllhority shall ~ive rise 10 any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor. anv Supplier. or any other person or organization perfonning any of the Work. or to any surety fur any of them. 9.14. Whenever in the Contract Documents the terms "as ordered". "as directed", .. as required". "as allowed", .. as approved" or terms of like effect or impon are used. or the adjectives" reasonable", "suitable", "acceptable". "proper" or "s:lIisfactory" or adjectives of like effect or impon are used to describe a requirement. direcrion. review or judgmenl of ENGINEER as to the Work. il is intended thaI such requirement. direction. review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (Unless there is a specific statement indicating other- wisel. The ~'se of allY such Icrm or adjeclive shall nOI be 20 I I dfl:Clivc 10 assi&;n IU ENGINEER any dllty or ;lIllhorllV III supervise or directlhe furnishing or performance of Ihe Work ur any dUly or aUlhorilY 10 undertake responsibiliry cOlllrary to Ihe provisions of paragraph 9.15 or 9.16. I 9.15. ENGINEER will not be responsible for CON. TRACTOR's means. methods.lechniques. sequences or pro- cedures of construction. or the safety precautions and pro- grams incident thereto. and ENGINEER will not be,respon- ~ible for CONTRACTOR's failure 10 perform or furnish Ihe Work in accordance with lhe Conlract Documents. I I 9.16. ENGINEER will not be responsible for Ihe acts or omissiom of CONTRACTOR or of any Subcontractor. any Supplier. or of any olhl:r rl:rson or organization rerfllrminy or furnishing any of lhe Work. I I ARTICLE I{}-CHANGES IN THE WORK I Ill. I. Without inv"lidating thl: Agrl:ement and wil hout nut ice 10 any surety. OWNER may. at any lime or from lime 10 lime. Older adllilions. dc\elions or revisions in Ihe Work: these willl.Je authorized by a Wrillen Amendmenl. a Change Order. or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promplly rroceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically rrovidedl. I I I IU.2. If OWNER and CONTRACTOR are unable 10 agree as to Ihe extent. if any. of an increase or decrease in lhe Contract Price or an e:'ttension or shortening of the Contract Time that should be allowed as a result of" Work Directiv~ Change. a claim m;w be made therefor as provid.:d in .,\rticle II or ..\rllcle 12. I I IIl.J. CONTRACTOR shallnutl.Je enlillelllo an increase in the Cuntract Price or an e:'ttension of Ihe CuntraCI Time with respect to any Work performed that is not required by the Conlracl Documents as amended. modified and supple' mented as Jlrovitlcu in Jl"ra!.lr:Jphs 3.4 and 3.5. ~:tcc=pt in ,h~ case of :In ell1c=rgencv as rrovided in par"gmrh 6,22 :lnu e:tcept in Ihe case of uncovering Work as provided in para. grarh 1.'.9, I I lOA. OWN ER :Jnd CONTRACTOR shall e.~ecule appro- prillle Change Orders (or Wrillen Amendmentsl cO\'l:ring: I IOA.I. ..:hanges in lhe Work which are ordered by OWN ER pursuant 10 paragraph 10.1. are required because: 1/1' a..:t.:l:ptan..:c: of .ll'fi'(,/II'" Work lIndc:r paragrapn I J, I.: llr ..:orn:t.:ting """'0;1'1' Wurk umJer paragraph '-' ,1.1. or arc ~gre.:lllo l.J\' the parties: I I IO..J.:!. l.: hanges in I he Contract, Price or Contract Time: whidl arc :'~...:c:d lu hv Ihe parlic:s: and I I (),". 3. <.:han~cs Illthl: Contract !'rice or Cnlllract Time which embody Ihe 5ubstance of any wrillen decision ren- dered by ENGINtER pursuant to paragraph 9.11: provided Ihat. in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance wilh Ihe provisions of the Contract Documents and applicable Laws and Regulalions. but during any such appeal. CON- TRACTOR shall carryon the Work ancJ adhere to lhe prog- ress schedule as provided in paragrarh 6)9. 10..5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including. but not limited 10. Contract Price or Contract Time) is required by Ihe provisions of any !lond to be given IU a sllrety. the ~iving of "ny sllch notice will he CONTRAC- TOR's responsibility. and Ihe amount of each applicable Bond will be adjusted accordingly. ARTICLE II-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes Ihe total compen- sation ISlIhject to authorized adjustmentsl payable 10 CON. TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned' to or undertaken by CON- TRACTOR shall be at his e:tpense wilhout change in Ihe Contract Price. 11.2. TIle Conlract Price may only be chilllged by a Change Order or by a Wrillen Amendment. Any claim for an increase or decrease in the Contract Price shall be based on wrillen notice delivered by the party making Ihe claim 10 Ihe olher party and to ENGINEER promptly (bul1n no event later than thirty daysl after the occurrence of the event giving rise to lhe claim and Slating the genernl nature of the claim. Notice nf the all10llnt of rhe claim wilh ~lIpporting data sl1;'l1l be deliverecJ within sixty davs afler such occurrence IUnless ENGIN EER allows :\11 additional period uf time to Dscennin 1lI0re accurate dala in support of the claim) and sholl be accompanied by claimant' s wrillen statementthntthe amount claimed covers all known amounts (direct. indirect and con- sequentinlllo which the claimant is entitled as a result of Ihe occurrence of 5"i.1 I:venl. All c1nims for adjustment in the Conlract ('rice shall be determined by ENGINEER in nccor- dance wilh paragraph 9.11 if OWNER and CONTRACTOR cannol OIherwise agree on the amOllnl involved. No claim for an adjustment in Ihe Contract Price will be valid if not submiued in accordance with this paragraph II.:!. II.J. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of Ihe followin~ ways: II.J.I. Where lhe Work involved is covered by unit prices containell in rhe Contract Documents. by applica. tion 01 unit prices to the quantities of Ihe items involvell I subject 10 Ihe provi~ions of paragraphs 11.9.1. throu!!h 11.9,J. inclllSivel. 21 I I I1.J.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with p~raph 11.6.2.1). I II.J.J. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and 11..5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in para~raphs 11.6 and 11.7). I I COlt of tht Work: 11.4. The Ie"" Cost of rhe Work means Ihe sum of all COSIS necessarily incurred and paid by CONTRACTOR in lhe I'lroper nerformance of Ihe Work. Excel'll as Olherwise may be a!,lreed 10 in writing by OWNER. such costs shall be in amoUnlS no hi~her Ihan Ihose prevailing in the locality of rhe Project. shall include only Ihe following ilems Dnd shall not include any of the costs itemized in paragraph 11..5: I I I 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll com for employees not employed lull lime on the Work shall be appurtioncd on the basis of their time spent on the Work. Payroll costs shaH include. but not be limited to. salaries and wages plus the cost of fringe benefits which shaJl include social security contributions. unemployment. excise and payroll laXes. workers' or workmen' s compensation. healLh and reliremcnt bencfits. bonuses. sick leave. vacation and hol- iday pay applicable lherelo. Such employees shall include superinlendents and foremen at the sile. The expenses of perfo""ing Work aCler re~ular working hours. on Satur- day. Sunda\' or legal holidays. shall be included in the above to the eXlem aUlhorized by OWNER. I I I I J 1.4.2. Cas I of all materials and eQuipmenl furnished and incorTloraled in Ihe Work. including costs of lrans- I'ortation and storage thereof. and SUPl'lliers . field services required in connection Iherewith. All cash discounts shall accrue 10 CONTRACTOR unless OWNERdeposils funds with CONTRACTOR wilh which 10 make payments. in which case the cash discounls shall accrue 10 OWNER. All lrade discounlS. rebales anti refunds anti all relUms from sale of surplus maleria's and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be oblained. I I I I 11.4.3. P3yments made by CONTRAcrOR to Ihe Subcontracton for Work perfo""ed by Subcontractors. If required by OWN ER. CONTRAcrOR shall obtain competitive bids from Subcontr.lctors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine. wilh lhe advice of ENGINEER. which bids will be accepled. If a subcontr.lct provides that the Subcontraclor is 10 be paid on the basis of Cost of the Work Plus a Fee. the Subcontr.lctor's Cost of the Work shall be determined in Ihe same manner as CONTRAC- TOR's Cost of (he Work. All subconlr:tcls sh:tll be subject I I I 10 the olher provisions of Ihe Contract Documenls insofar as applicable. . ) 1.4.4. Costs of special consultants (including but not limited to 'engineers. architects. tesling laboralories. sur- veyors. allomeys and accounlants) employed for services specifically related to Ihe Work. 11.4.5. Supplemenlal coSlS including the following: 11.4..5. J. The proponion of necessary tr.lnspona- tion.'lravel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. 11.4..5.2. Cost. including tr.lnsponation and main- lenance. of all materials. supplies. equipment. machin- ery. appliances. office and tempor.1ry facilities at the site and hand tools not owned by the workers. which are consumed in the performance of Ihe Work. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. I 1.4..5.J. Rentals of all construction equipment and machinery and Ihe parts Ihereof whether rented from CONTRACTOR or others in accordance with rental a~ements approved by OWNER with Ihe advice of ENGINEER. and the costs of transponation. loading. unloading. installation. dismantling and removal Ihereof_1I in accordance wilh le""S of said renw agreements. The rental of any such equipment. machin- ery or pans shall cease when the use thereof is no longer necessary for the Work. 11.4..5.4. Sales. consumer. use or similar taxes relaled to the Work. and for which CONTRACTOR is liable. iml'losed by Laws and Regulations. 11.4..5..5. Deposits lost for causes other than negli- gence of CONTRACTOR. any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable. and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and d:tmages (and related expenses I. not compensated by insur.lnce or otherwise. 10 Ihe Work or Olherwise sustained by CONTRACTOR in connection wilh the performance and furnishing of Ihe Work (except losses and damages within the deductible amounts of property insur.lnce established by OWNER in accordance with paragraph .5.9). pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose aclS any of Ihem may be liable. Such losses shall include selllements made wilh Ihe written consent and approval of OWNER. No such losses. damages and expenses shaJI be included in Ihe Cose of the Work for the purpose of determining CONTRAC- TOR's Fee. If. however. any such loss or dama",e 22 I I reqll1re~ rCCUnSlrllCIIOn ami CONTH/\CTOH i~ placed in charge thereof. CONTRACTOR shall be p:ud for ~crvice:; a fee proportionale to Ihat staled in paragraph 11.6.2. I 11.4.5.7. The cu~t of ulilitie~. rud and sanilarv facililies at the ~ite. I 11.-1.5.8, ~linor e:'(pen~es such as lelegrnm:;. long di~lalu:e lelephone call:;. lclcnhonc ~cn'ice at the silc. e,~ nres~age and similar pell y cash items in connection \'lith the Work. I , 1.-1.5.9. C ust of nremiums for adtlitional Bonds and in~llrancc relJuired hec:ltlsc llf chancc~ in Ihe WIlrk ;1111..1 rHell1IUIl1~ ItH f'lrUf'lerry itl~nranee c"vcra~e within Ihe limits uf Ihe detluctible amount~ ~stablished by OWNER in accordance with paragraph 5.9. I I 11.5. The term Cost of the Work shJII not include an~. of Ihe following: I II,), I, P:Jvroll cost:; anti other contpensOIlion of CON. rRACTOR.s ulliters. e:'tecutives. principals fuf panner- ship and sole propnetorships I. gener.ll managers. engi- neers. architects. estimators. allorneys. autlitors. accoun. t:lnts. purchasing and contracting agents. ,e.~peditors. limekeepers. clerks and other personnel c:mployed b\' CONTRACTOR whether at Ihe site or in CONTRAC. TOR's principal or a branch office for general administra- lion of the Work and not specifically included in the a;!reed upon schedule of job classifications referred to'in para- graph 11,,1, I or srccific:llly cllve:ed hy raragrarh 11..1"'- all of which :Ire 10 be considered administrative costs covered by the CONTRACTOR's Fee. I I I I 11.5.2. E:~penses I,r CONTRACTOR's principal anti oranch uflice~ ulher Ihan CONTRACTOR's oflice at Ih.: ~IIC. I 11.5.J. .\nv pan of CONTRACTOR's capital c:.'tpensc:s. indtldin/l inl<:J'CSI on CONTRACTOR.S capilal cmploy.:u for Ihe Work anti charges against CONTRACTOR ror delinquent payments. I I J ,5.... Cust of rremitlms for all nond~ and fur all insurance \\'hether or nol CONTRACTOR is requircu b\' Ihe COlltracl Ducument:; 10 purchase and m:linlain lhe ,ame 11:,"Cpl lor the cost uf prcmiums covcred bv Sill,. paragr;Jph 1I,.J,5.Y above/. I 11.5..5. Custs du~ 10 Ihe negligence uf CONTRAC- TOR. any Subconlr:t.:lor. ur anyone tlirecll\' IIf indirectl\' emploved I'" any of I:t.:m ur for \Vh()~e aCls any of Ihc:m mav he liabl... ;r..:htlin!; hut nOI limitcJ 10. Ihe correction III' """.,;.. ',' '\,rI.:. .Iislmsal 1'1' 1Il:lleriah Ill' equipment wronglv S,t, .,1 ",: ""ak:I!~ !,!ood allv damage 10 IHI'l" crt\'. I I I 11.5,{,. Other 1l\'crhe:HJ ur geneml e.~pense costs I't' an\' kiml amI the CIlstS of anv item not specifically anti e\prc,~I\' ill.:lllded ;n para~raf'lh 11..1, I CONTR,\CTon'j Fu: 11.6. The CONTRACTOR's fee allowed 10 CONTRAC- TOR for overhead and nrolil shall be delerlllined as follows: 11.6.1. a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.2. a fee based on the fullowing. percentages of the various portions of the COSI of Ihe Work: 11.6.2. J. for costs incurred under parngraphs 11.4.1 and 11.-1.2. the CONTRACTOR's fee shall be lifteen percent: II,(,.:!.:!. for C(:~l~ incurred unuer para~raph 11.4.J. lhe CONTRACTOR's Fee shall be I;ve percent: and if a subcontract is on lhe basis of CoSI of Ihe Work Plus a Fee. the maximum allowable 10 CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.J. no fee shall be payable on Ihe basis of costs itemized under paragraphs II..J.-I. f 1.-1.5 and 11.5: 11.6.2.<1. Ihc amounl of credit to be allowed by CONTRAGTOR 10 OWN ER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduClion in CONTRAC- TOR's Fee by ao amounl equal 10 len percent of the net decrease: and 11.6.2.5. when both addilions alld credits are involved in anyone change. Ihe adjustment in CON- TRACTOR's Fee shall be computed on Ihe basis of the net change in accordance with paragraphs 11.6.2. I Ihro.!!,!h 11.6.2.-1. inclusivc. II. i. Whenever Ihe cost uf ;lny Wurk is IU be delermined [Jursuanl 10 paragraph 11.-1 or 11.5. CONTRACTOR will submil in lorm acceptable to ENGINEER an ilemizeu cost breakdown together with supporting data. COjh Allowoncn: 11.8. II is undcrstoou lhal CONTR..\CTon has included in Ihe Contract Price all allowances so named in the COlllract Docurnent~ anu shall cause the Work so covered 10 be done by such SubcolllraclOrs or Suppliers anti for such sums wilhin Ihe limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowunccs include the cust to CON- TRACTOR lIes~ any applicable trade discounts I of mate. rials ami equipment required by the allowances to be deli v- <:reu at Ihe silc.'and all applicable ta.'tcs: and II.~.~. CONTRACTOR's t:UsIS fur unloadin&; anti handling on the sileo lahor. ins lallation costs. overhead. profit anu 01 her e :'tpenses contemplated for I he ullownnce~ have heen included in the CuntracI Price and nllt in Ihe 23 I I allowances. No demand for additional payment on account of any thereof will be valid. I Prior to final paymenl. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounlS due CONTRACTOR. on account of Work covered by aJlowances. and the Contract Price shall be correspond. ingly adjusted. I I Unit Prier Work: 11.9.1. Where the Contract Documents provide that all or pan of the Work is to be Unit Price Work. initially rhe COnlr:'lCI Price will be deemed 10 include for all Unil Price Work an amount cqualto Ihe sum of Ihe eSlablished 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 guaran.eed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Dcterminations of the actual quan- tilies and classificalions o( Unil Price Work performed by CONTRACTOR .....ill be made by ENGINEER in accor- dance with Paragraph 9.10. I I I I 11.9.2. Each unit price wiu be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTItACTOR's overhead and profit for each sep- arately identified item. I 11.9.]. Where the quantity of any item of Unit Price Work pcrformed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in Ihe Agreement and there is no corresponding adjustment with respect to any o:her item of Work and if CONTRACTOR believes that CONTRACTOR has incurred addilional expense as a result thereof. CON. TRACTOR mOlY makc a claim for an incrcOlse in Ihe Con. trnct Price in accordance with Anicle II if Ihe panies are unable 10 agree as to the 3mount of any such increase. I I I I ARTICLE 12--GIANGE OF CONTRACT TIME I 12.1. TIle Conlract Time may only be changed by a Change Order or :t Wrillen Amendment. Any claim for :m extension or shonening of the Contract Time shall be based on wrillen notice delivered by the pany making the claim to the other pany and to ENGINEER promptly (but in no eventlaler than Ihiny days I after Ihe occurrence of the event giving rise to lhe claim and stating the generaJ nature of the claim. Notice of the extent of the claim with supponing data shall be deliv- ered within sixty days aiter such occurrence (unless ENGI. NEER allows an additional period of lime to ascenain more accurate data in suppon of the claim) and shall be accom. panied by the claimant's written statement that the adjust. ment claimed is Ihe entire adjustment to. which the claimant has I'e:\son 10 believe il is cntitled 353 result of Ihe occurrence uf saiJ event. ..\11 claims fur aJjusllnelll In <<he CuntracI rime I I I I shalJ be determined by I;NGINEER in accordance with para- graph 9.11 if OWNER and CONTItACfOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time wiU be extended in an amount equal to time lost due to delays beyond the conuol of CON. TRACTOR if a claim is made therefor as provided in para- gnph 12.1. Such delays shall include. but not be limited to. acts or neglect by OWNER or others performing additional work as contemplated by Anicle 7, or to fires. /loods. labor disputes. epidemics. abnormal weather conditions or aClS of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Anicle 12 shaU not exclude recovery for damages (including but not limited to fees and charges of engineers. architects. attorneys and other professionals and coun and arbitration costs) for delay by either pany. ARTICLE 13-W ARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guaronlu: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor. dance with the Contract Documents and will not be d~f~c(iv~. Prompt notice of all defects shall be given to CONTRAC- TOR. All d~f~cr;"~ Work. whether or not in place. may be rejected. corrected or accepted as provided in this Anicle 13, Acuu (0 Work: 13.2. ENGINEER and ENGINEER's representatives. other representatives of OWNER. testing agencies and gOY. ernmental3!,lencies with jurisdictional interests will have access 10 Ule Work at reOlsonable times for their observalion. inspecting and lesting. CONTRACTOR shall provide proper and safe conditions for such access. ruts and Insp~c(",n:r: 13.J. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections. tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work lor pan thereoO to specifically be inspected. tested or approved. CONTRACTOR shall assume full responsibility therefor. pay aJl costs in connection (herewith 3nd furnish ENGINEER the required cenilicales of inspecliun. Ie sling or approval. CONTRACTOR shOlll also 24 I I he re~pllns,hh: lor ami ~hall pay all co~t~ III connectIOn wilh any impecllon or lesling required in connection wllh OWN- ER's or ENGINEER's acceptance of a Supplier of materials or eQuipmenl propo~ed to be incorporated in the Work. or of malerials or equipment submilled for approval prior to CON- . TRACTOR's purcha~e lhereof for incorporalion in Ihe Work. The CO~1 of all inspeclions. teslS and approvals in addilion to rhe above which :Ire required by the Contracl Documems shall be p:lid by OWNER lunless olherwise specified I. I I I 13.5. "" inspections. tests or approval~ olher Ihan Ihose required by Laws or Regulali~ns uf any public bodv havinlZ jurisdiclion shall be performed by organizations ac~eplabl~ 10 OWNER and CONTRACTOR for by ENGI;-";EER if so ~peci(jcd I. I 13.6. If any Work tincluding Ihe work of otherslthat is 10 be inspected. lested or approved is covered wilhoUl wrillen concurrence of ENGINEER. il OIUSI. if reQuesled by ENGI- N EER. be uncovered for observalion. Such unco\'erinlZ shall he 3t CONTRACTOR's expense unle~5 CONTR..\CTOR h3s ~iven ENfilNEER limely nOlice ofCONTn^CTOR's inlcn- tlon to cover the same and ENGINEER has not actcd wilh reasonable promptness in response 10 such notice. I I I 13.7. Neither observations by ENGINEER nor inspec- lions. lests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligalions to perform lhe Work in accordance wilh the Contract Documenls. I I Uncovenng Work: U.8. If an\' Work is covered contrary to the wrillen request of E:-lGINEER. it mu~t. if requested by ENGI~EER. be uncovered for ENGI;\lEER's obser','alion amI replaced :It CONTR.\CTOn'~ e'pense. I I I ~.9. If E~GINEER con~iders il necessary or advisable Ihat covered Work hc observed by ENGIN EER or in~pecled or leSled by others. CONTRACTOR. al ENGINEER's request. shall uncover. e~po~e or otherwise make available for observ:lIion. inspection or testin~ as ENGI~EER ma~' reQllire. Ihal pnrllCln uf Ihs: \VClrk in '1l1estion. rllrnishin~ all necessarv labor. l11alt:rial and equipmem. If il is found Ihal ~Ilch Work is ""'('l'Iin'. CONTRACTOR shall bear:lll direct. i/llJirct:l :1Ilt! (11l1~C4IlCn(ial cUSls uf ~Ilch Ilncu\'~nng. C.\I"I- sure. ubserv:lIIon. insp~ction and lesling :lnd of ~atisfaclor\' reconslruction. I including bUI notlimiled to fees and charlZe:s of ~n!!ineer~. archilects. allornevs anu olher professionnlsl. and OWN ER shall be: ~nllllet.! 10 an appropriale J.:crease in the: Conrr:lcl Price. :Int.!. if Ihe: panie~ :Ire: unable: tll agree: as 10 rhe: :lmllllnllhcreof. 111;1\' make a d;Jim Ihad'or :IS proviu.:J ill .\rllde II, If. h,I\\C\~r. ~IIl;h \'.,,,1 is 1101 f,'IHtd 10 be dl'lj'('/il('. Cll" m.-\c ('( lR ,hall be allowcd an in.:rease: in lhe: ("nfra..:( PI'I_'. .:' ..,1 (\;cn,illn of Ihe: Conlra.:t Time:. ,'r bOlh. Jirecll\ altrll'ulabl-: Iv such uncovering. ':\posllr.:. uose:f\'.1Ii,,". inspection. lestin~ and teconstrucli,'n: :.rnu. if Ih.: partics arc IInable ", a~rt:l' :IS '" Iht: am"unt \'r C\ICI1l I I I I I I Ihcreo/. CONTn^CTOJ{ ",av makc a daimlherelor as pro- vided in Articles II anc,J 12. Uwn~r Ma., Stop tl,~ Work: 13.10. If the Work is defec/i,'e. or CONTRACTOR fails 10 supply sufficient skilled workers or suitable m:uerinls or equipment. or fails to furnish or perform the Work in such a way Ihal Ihe completed Work will conform to the Conlracl Documents. OWN ER may order CONTRACTOR 10 s\OP the Work. ur any purtion thereof. unlilthe C;1U~e for such order has been eliminated: however. this right of OWNER to slOp the Work shall not give rise to any duty on the pan of OWN ER to exercise Ihis right for the benefil of CONTRACTOR or any olher pnrly. Correction or Removal of Defective Work: 13.11. Ifrequired by ENGINEER. CONTRACTOR shall promptly, as direcled. either correct all dtfec/i\'e Work. whelher or not fabricaled. installed or compleled. or. if ihe Work has been rejecled by ENGINEER. remove il from Ihe ~i'e ;",,1 replace it wilh 1I",,,Il'I"'(";"~ Work. CONTR^CTOR sha!1 bear all direct. indirec: :lIld consequential costs of such correction or removallincluding bUl not limited to fees and char~es of engineers. archilects. allorneys and other profes. sionals I made necessary thereby. On. Y tar Correction P~riod: 13.12. If within one year after the dale of Substantial Completion or such longer period of lime ,as may be pre- scribed by Laws or Regulations or by Ihe terms of nny nppli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documenls. any Work is found to be cfeftr/i\'e. CONTR.-\CTOR shall promplly. wilhout cosl 10 OWNER and in accordance Wilh OWNER's wrillen in~trtJcli()ns. either correCI such d~rt'I.,;,.t Work. or. if il hns been rejected by OWN ER. remove it from Ihe sile and replace it with m",rlelecti\'t Work. If CONTRACTOR does not promplly comply with Ihe tt:rms of such inslructions. l.Ir in an emergency where uelay would cause serious risk of loss or damage. OWNER may have the de/ec/i\.t Work cor- rected or the rejected Work removed and replaced. and all direct. indirect nnd cun:o;equential costs of such removal nnd replacement f including but not limited to fees Dnd chnr!!es of engineers. architects. allorn~ys and olher prol'essional~1 will he paid hv CONTRACTOR. In special circllm~tances where a panicular itcm uf equipm~nt is placed in continuous service before Substantial Cumpletion of all the Work.thc correclion period for thaI item may ~tarl to run from an earlier date if so provided in Ihe Specitications or by Wrillen Amendment. :latf1/nl/C't /If (}tfu/il'e Work: I J.I J. II'. instead 01' requiring correction or rcmoval and replacemenl or c/cli'l'/i,'(' Wurk. OWNER land. prior to ENGINEER's n:comme:nd.tlion of final payment. also ENGINEER) prelcr~ 10 lIccept it. OWNER may do 50. CON- TR:,\CTOn shall hear all direct. indirect and consequential 25 I I costs attributable to OWNER's evaluation of and detenni- nation to accept such d~ft(:t;v~ Work Isuch costS to be approved by ENGINEER as to reasonableness and to include but nOI 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 Contnct Documents with respect to the Work: ;md OWNER shall be entitled to an appropriate decre:ue in the Contract Price, and. if the panics arc unable to agree as to ihe amount thereof. OWNER may malte a claim therefor as provided in Article II. If the acceptance occurs after such recommendation. an appropriate amount will be paid by CONTRACTOR to OWNER. I I I I OWNER May Cornet LJrfutivr Work: I 13.14. If CONTRAcrOR fails within a reasonable time after wrilten notice of ENGINEER to proceed to correct and \0 correct dt!ft!cI;vt! Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11. or if CONTRACTOR fails to perfonn the Work in accordance with the Contract Documents, or if CON. TRACTOR fails to comply with any other provision of Ihe Contract Documents. OWNER may, after seven days' writ. ten notice to CONTRACTOR. correct and remedy any such deficiency. In exert:ising the rights and remedies under ihis pangraph OWNER shall proceed expeditiously. To the extent necessary to complete colTCctive and remedial action. OWNER may exclude CONTRACTOR from all or part of the site,take p05Sessioll of all or pan of Ihe Work. and suspend CON- TRACTOR's services related Ihereto, take possession of CONTRACTOR'Slools. appliances, construction equipment and machinery at the site and incorpor.ne in the Work all materials and equipment stored at the site orforwhich OWNER has paid CONTR.ACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's represen- tatives. allents and employees such access to the site as may be necessary to enable OWNER to exert:ise the rights and remedies under this paragraph. All direct. indirect and con- sequential costs of OWNER in exercising such rights and remedies will be ch~ed a(Z.3inst CONTRACTOR in an amount approv"d as In re:>sn""""',,ess hy ENGINEER. n"d n Ch",,!!e Order will be issued inco'1'orating the necessary revisions in the Contr:lct Documents with respect to the Work: and OWN ER shall ue entitled to an appropriate decrease ill the Contract !'rice. and. if Ihe panics arc unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Anicle II. Such direct. ;ndirect and consequen- tial costs will include but not be limited to fees and charges or engineers. architects. allomeys and other professionals, all coun and arbitration costs and all costs or repair and replacement or work or others destroyed or damaged by correction. removal or replacement of CONTRACTOR's dt!ft!cr;\'~ Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- f orm:mce of the Work attributable 10 the' exercise by OWN ER of OWN ER's ri~hlS :lnd remedic:s hereunder. I 1- I I I I I I I I I I ARTICLE I4-PA YMENTS TO CONTRACTOR AND COMPLETION Sch,duh of ValUtl: 14.1. The schedule of vaiues established as provided in pan~ph 2.9 will serve as the basis for progress payments and will be incorporated into a fonn of Application for Pay- ment acceptable to ENGINEER. Pro~ess payments on account of Unit Price Work will be bnsed onlhe number of units completed. ApplictJliDrr for Progress Pa,m.lIl: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering Ihe Work completed as of Ihe date of Ihe Applicalion and accompanied by such supponing documentation as is required by the Contract Documents. If payment is requested on the bllsis of materinls and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also' be accompanied by a bill of sale. invoice or other documentation warranting thai O~ER has received' the materials and equipment free and clear of all liens. ch3l'1es, security interests and encumbrances (which are hereinafter in these Genera! Conditions referred to as .. Liens' ') and evidence that the materials and equipment are covered by appropriate propeny insurance and other alTangements to protect OWNER's interest therein, all of which will be snt- i~factory 10 OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Wanurrty of Title: 14.3. CONTRACTOR walTants and guarantees thai title 10 all Work. materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. R ~.;ew nl A""liclJ/;nn~ lor P""f(rru PIJ"ment: 14.4. ENGINEER will. within ten days after receipt of each Application for Payment, eilher indicale in writing a recommendation of payment and present the Applicalion to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing 10 rec- ommend payment. In the laner case. CONTRACTOR may rruUte the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation. Ihe amount rec. ommended will I subject to the provisions of the last sentence "f par.lgraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14..s. ENGINEER's recommendation of any payment rc:quesled in an Application for Payment will constitute a 26 I I rcrre~cll1ation by EN(jINEER III OWNER. ba~etJ Oil ENUI. NEER'~ on'~lIe ob~erv:llil>ns 01 Ihe Work in progress as an opericncetl :lOtI Qualified tlesign professional anti on ENGI. N E ER' ~ review of the Application for Payment :lntl Ihe ;lccomnanying tlat:l anti schedule~ Ihnt the Work has pro. gressetl 10 the point indicated: that. 10 the best of ENGI- N EER' s knowledge. information and belief. the Quality or Ihe Work is in accon.f:Jnce with the Contract Documeni~ (subject to an ev:!luation of Ihe Work as a functioning whole prior 10 or IInon Suhstantial Completion. to Ihe resulls of any ,~ubseQuenl leSlS called for in the Contract Documents. 10 a /inal delerminalion of quantities and classifications for Unil Price Work under paragraph 9.10. and to any olher Qualifi- catiom sl:lled in the recommendnliont: and lhat CONTRAC- TOR i~ .:ntitled 10 rayment of Ihe amollnt recommended. Ilowever. by recommendill!,! any such payment ENGIN EER will nol Ihereby be deemed 10 have represented that exhaus. tive or conlinuol/s on-site inspeclions have been made 10 check the quality or the quanlitv of the Work beyond the responsibilities specitically assigned to ENGINEER in the Contract Documents or lhat there may not be other mailers or i~sue~ between the panies th:!t might entitle CONTRAC. TOR 10 be paid additionallv hv OWNER or OWNER 10 withhold payment to CONTRACTOR. I I I I I I I 14,{). ENGINEF-R's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC. TOR's being entitled to final payment as set fonh in pa'ragraph 14.13 h<lve been fulfilled. I 14.7. ENGINEER mav refuse 10 recommend the whole or any part of any payment if. in ENGINEER's opinion. it would be incorrect to make such representations to OWN ER. ENGINEER Olav also refuse 10 recommend any such pay- ment. or. bec:lUse of subsequenlly discovered evidence or rhe resulrs of subsequent inspections or tests. nullify llny sllch ravmenl previouslv recommended. 10 such e.~lent as mav he necessary in ENGINEER's optnion 10 protect OWNER from lo~s because': I I I I~. 7.1. the Work is defeo/I't'. or completed Work has been damllge~ requiring correction or replacement. I 1,(, 7,~, rhe COlllr:1CC "ric.: I"" II.:en reduccd hv \V,il. Icn .'\/IICnd/ll':llI or Chan~c Order. I /.1,7,.1, OWNER has heen relluircu 10 correct tlc/j.I" ""t' Work or complete Work in <lccordance wil h pllragr<lph I ~,I.J. or I 1.1,/,.1, ot' ENGINEER's actual knowletlge of the occurrence of any Ilf the eventS enumerated in paragraphs 15,2,1 Ihrough 15.2.9 inclu~ive. I OWNER mav rcttl~e 10 make payment lIr the full amuunl _ recummended hv ENGINEER because claims have been 1ll:...Je a!;ainsl ()\V:"JER on accuunlor'CONTR..\CTOR's rer- form:!nce or furnishin!; of Ihe Work or Liens h:-.ve heen fikd in <:l.nn,:clion \\'ilh Ih.: \Vork or Ihere arc other il.:ms elllillin!! I I UWNER 10 a sel-olf against rhe amount recommended. but OWNER must givo CONTRACTOR immedillte wriuen nOlice (with a copy to ENGINEER) Slating the reasons for such' aCliun. Substantial Compl~tion: 14,8. When CONTRACTOR considers the entire Work relldy for its intended use CONT.RACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI. NEER issue a cenificate of Substantial Completion. Within a reasonllble time therellfter. OWNER. CONTRACTOR and ENGINEER ~hall mnke an inspection of the Work to deter- mine Ihe SllllUS of complelion. If ENGINEER does nOI con. sider the Work substantilllly complete. ENGINEER will notify CONTRACTOR in writing giving the rellsons therefor. If ENGINEER considers .he Work substantially complete. ENGIN EER will prepare and deliver to OWNER a tentative cenificate of Substantial Completion which shalllix the date of Substllntial Completion. There Shll" be llllllched to the certilic<lle a lentlltive lisl of ilems 10 be completed or cor- rected before final payment. OWNER shall hllVe seven days after receipt of Ihe tentalive certificate during wilich 10 make written objection to ENGINEER as 10 any provisions of the cenificate or attached lis\. If, after considering such objec- tions. ENGINEER concludes that the Work is not substan- tilllly complete. ENGINEER will within founeen days after submission of the tentative cenificale to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If. after consideration of OWNER's objections. ENGINEER considers the Work substantially complete. ENGINEER will within said founeen days execute and deliver to OWNER and CONTRACTOR a delinitive cenilicate of Substantial Completion lwith a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative certificate as ENG IN EER believes justified lifter consider- ation of <lny objections from OWN ER. Atthe time of delivery of Ihe tentative certificate of SubSlantial Completion ENGI. N EER will deliver to OWN ER <lnd CONTRACTOR <l wrillen recommend<ltion as to division of responsibilities pending /inal pllyment between OWNER and CONTRACTOR with respect to security. ol'erntion. safety. maintenllnce. heat. "citilies. ill~nrance ,,"d warrnnlics. Unless OWNER and CONTRACTOR a~ree otherwise in wrilill~ llnd 50 inform ENGINEER prior 10 ENGINEER's issuing the definitive certificate of Substantial Completion. ENGINEER's afore- said recommendation will be binding on OWN ER and CON. TRACTOR untillinal payment. 1.1.9. OWNER shall have the right 10 e.~c1ude CON- TRACTOR from the Work after Ihe date of Substantial Com. pletion. but OWNER shall allow CONTRACTOR reasona!,>le access 10 cOlllplete 1Ir currect ilems on Ihc tenl:llivc list. Partial L'lili:.atio,,: 14.10. Use hy OWN ER of allY lini~hed pari of Ihe Work. \\hich h"s sp.:cilic:ally I>.:.:n identilierl in rhe Conlract 00':11- 27 I I menlS. or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separ.llely functioning and useable rart of the Work that can be used by OWNER without sig. nificant interference wilh CONTRAliOR"s perfonnance of the remainder of the Work. may be accomplished prior to SubslantiaJ Completion of all the Work subject to the follow. ing: I I 14.10. J. OWNER at any time may request CON- TRACTOR in writing to pennit OWNER to use any such ran of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees. CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete :lOd request ENGINEER to issue a certificate of Substantial Completion for that pan of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- N EER in writing that CONTRACTOR considers any such part of the Work ready for its intl"nded use and substan- tially complete and request ENGINEER to issue a certif. icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspec- tion of th:n part of the Work to detennine its s:atus of completion. If ENGINEER does nOI consider that part of the Work to be substantially complete. ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete. the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect .hereof and access thereto. ,I I I I I I I 14.10.:2. OWNER may at any time request CON- TRACTOR in writing to pennit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable lime there- after OWNER. CONTRACTOR and ENGINEER shall make an impection 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. in~ to OWNER and ENGINEER that such pan of the Work is nlll ready (or separnte operollion by UWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a wriuen recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety. maintenance. utilities. insur. ance. warranties and guarantees for that part of the Work which will become binding upon OWNER and CON- TRACTOR al the time when OWNER t:lkes over such o"er:llion (IInless they sholl have otherwise agreed in writ. ing and so infonned ENGINEER\. During such operation and prior to Substantial Completion of such pan of the Work. OWNER shall allow CONTRACTOR reasonable access to complele or correct items on said Iisl and to complete other related Work. I I I I I I I I 14.10.3. No occupancy or separate operuuon of part of the Work will be ac:complished prior to ~mpJjance with the requirements of paragraph S.15 in respect of propeny Insurance. Fi1uJllnsprction: 14.11. Upon wriuen notice Crom'CONTRACTOR that the entire Work or an agreed portion thereof is ~mplete. ENGI- NEER will 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 Worle. is incomplete or d~ftc,iv~. CONTRACTOR shall immediately lake such measures as are necessary to remedy such defi. ciencies. FirullApplicDtion for PDlmrnt: 14.12. After CONTRACfOR has completed all such cor. rections to the satisfaction of ENGINEER and delivered all maintenance and operating instrUctions. schedules. gulUlU1- tees. Bonds. cenificates of inspection. marked-up record documents las provided in paragxaph 6.191 and other docu- ments-all as required by the Contract Documents. and after ENGINEER has indicated that the Work is acceptable (sub. ject to the provisions of parngraph 14.16l. CONTRACTOR may make application for final payment followin@ the pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by aU documentation called for in the Contract Documents. together w1th ~mplete and legally elTective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Worle.. 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 Ihat all payrolls. material and equipment bills. and other indebtedness connected wilh Ihe Work for which OWNERorOWNER's propeny might in any way be respon- sible. have been paid or otherwise satisfied: and consent of the surety. if any. to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac- lOry 10 OWNER 10 indemnify OWNER againsl any Lien. FiruJl PDJmrn' Dnd A.ccrp,anu: 14.13. If. on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGINEER's review of the final Application for Payment and accompanying documentation-all as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGI- NEER will. within len d:lYs after receipt of the linal Appli- - c:l\ion for Payment. indicate in writing ENGINEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give wrinen nOlice 10 OWNER and CONTRACTOR that the Work is acceplable subject 10 rhe provisions of p:'lr.llgraph 14.16. 28 I I Orherwisc. ENCjlNEER will n:lllrn fhe 1\l'plicatiun lO CON. TRACTOR. indic:Jting in writing the re:Jsons for refusing to recommend linal payment. in which case CONTRACTOR ~hall nt:lke the necessary corrections and resubmit the Appli- c:llion. Thirty d:JYs after presentlllion 10 OWN ER of Ihe Application and accompanying documenl:Jlion. in appropri- ate form and substance, and with ENGINEER's recommen- dation and notice of acceptability. the amount recommended by ENGINEER will become due and will be paid by OWNER III CONTRACTOR. I I I /4.14. If. through no fault of CONTRACTOR. final com- pletion of Ihe Work is significantly delayed and if ENGI- NEER so confirms. OWNER shall. upon receipt of CON- TRACTOR's final Aflplicaticm fur Payment and recol11men. cJ:1tion of ENGINEER. and without terminating the Agree- ment. make payment of the balance due for that portion of [he Work fully completed and accepted. If Ihe remaining balance [0 be held by OWNER for Work not fully compleled or corrected is les~ than the retainage stipulated in the Agree. ment. and if Bonds have been furnished as required in para- graph 5, ,. rhe writlen consent of Ihe surety to Ihe pavmen! of the balance due for that porrion of Ihe Work fully com. pleted and :Jccepted shall be submilled by CONTRACTOR III ENGINEER wilh the Appliclltion for mch payment. Such payment shall be made under the terms and conditions g~v, eming linal payment, except Ihat il shall not conslilule a waiver of claims. I I I I I Contractors Continuing ObligaJion: 1<1.15, CONTRACTOR'~ obli~alion 10 perform and com. plete lhc Work in accordance with the Contract l)ocuments shall be absolule. Neither recommendalion of any progress or final payment by ENGIN EER. nor the issuance of a cer- lilkate of Substantial Completion. nor any payment by OWN E RIo CONTRACTOR under the Contr:Jct Documents. nor an\' liS': or occupancy of the Work or any part thereof b\' OWNER. nor any act of acceptance b\' OWNER nor any failtlre 10 do so. nor any review and approval of a Shop DrawIIl!C! ur sample slIbmission. nor Ihe issuance of a nOlice of acceptabilitv by ENGINEER pursuant to parn~raph 14.1J. nor any correction of defect;.'( Work b~' OWNER will con- slitule an acceplance uf Work nor in accordance wilh the Contract ()ocuments or a release uf CONTRACTOR's ubli. gilt ion III perlorm lhe Work in ncconlance Wilh rhe C onlracr DOI:umenls le:~ccpr as provided in parilgraph 14.161. I I I I I lYai"tr of Claims: I.J, If!. The making and acceplance or' linal pa~ m.:nr \\'ill .:onSIIlUle: I I I.J 16,1, a waiva of all claims h' OWNER against CO:--J IIL\CTOIC c'!:cpl claims ansing from 1I11scllied Liens. frum .!I'Il'nil'(' Wurk aflflc:trIng alter tinal illspec- ti,'n pllrStlanl 10 par:tI;raph I.J, II or fnlm failur.: I,. ':ol11pl\ \I ilh Ihe I..'ulllral:l l.)ll.:umenl'i or th.: lams of .\11\' spe!:ial guarantecs spc!:ilicd Ihcrein; howe\'a. il will IlIlt !:'Hlsti- 1111': :I "ai\'cr hy ()\VN ER uf :In\' nghls in rcsp~'CI "I' I I CONTRACTOR's cOlllilluing obligations under Ihe Con- lr:Jct Documents: and 14.16.:!. a waiver of all claims by CONTRACTOR again'st OWN ER other than those previously made in writ- ing and still unsellled. ARTICLE 15-SUSPENSION OF WORK AND TERMINA TION Olllntr May Susptnd Work: 1.5.1. OWNER may. at any lime and wilhout cause, sus. rend the Work or ;lny portion Ihereof for a period of not more Ihan ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Conlract Price or an extension of the Contract Time. or both, directly attributable to any suspension if CONTRACTOR makes an approved c1nim Iherefor as provided in Articles II and 12. Olllntr Mo." ruminatt: 15.2. Upon the occurrence of anyone or more of Ihe following events: 1.5.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruprcy Code /Title II. United Slales Coue), as now or hereafter in effect, or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in eITect at such time relating 10 the bankruptcy or insolvency: l.s,~.:!. if a petirion IS Hied agaillsl CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at Ihe lime of liling. or if a petition is filed seeking any sllch equivalent or similar relief against CONTRACTOR under any other federal or state law in eITect al the lime relatin~ 10 bankruptcy or insolvency,: 1.5 .:!.J. if CONTRACTOR makes a ~eneral assignment for Ihc benefit of creditors: 15.~..t. if a trustee. receiver. custodian or agent of CONTRACTOR is appointed under applicable law or under conrract. whose appoin!ment or authoriry ro take charge of propertv of CONTR.\CTOR is for Ihe purpo~e of enforcing a Lien ngninst such property or for the purpo~e of genernl administration of such property for the benefit of CONTR,\CTOR's t:rc:uitors: 15.2.5. if CONTRACTOR admits in wriling nn inabil- itv 10 pay its debt~ g.:nerally as they ben.me due: 15.1.6. if CONTRACTOR pcrsislcl111y fails 10 perform rhe Work in accunl:IlU:': I\ith Ihe Conlract Ducumo:nls 29 I I (inchlllin~. but 1101 limited to. f:Jilure to supply sufliciellt 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 timel: I 15.2.7. if CONTRACTOR disregards uws or Regu- lations of any public body having jurisdiction: I 15.2.8. if CONTRACTOR disregards the authority of ENGINEER: or I 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments; I OWNER may. after giving CONTRACTOR land the surety. if there be one) seven days' wrinen notice and to the 'extent permilled by Laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's lools. appliances. construction equipment and machinery at lhe site :md use the snme 10 Ihe full eXlenllhey could be used by CONTRACTOR Iwilhoul liabililY 10 CONTRACTOR for trespass or conversion I. incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive a!1y further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct. indirect and consequential costs of completing the Work (including but notlimi,ted to fees and charges of engineen. architects. attor- neys and other professionals and court and arbitration costsl such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness bv ENGINEER and incor- porated in :I Ch:Jnl!e Order. bUI when ellercisinl! an\' rights or remedies under this paragraph OWNER shaU not be required 10 obtain the lowest price for the Work performed. I I I I I I I I I 15.3. Whele CONTRACTOR's services have been so lerminated by OWNER~ the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written' notice to CONTRAC- TOR and ENGINEER. OWNER may. without cause and without prejudice to any other right or remedy. elect 10 aban- don the Work and terminate the Agreement. In such case. CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable lermination expenses. which will include. but not be limited to. direct. indirect and con- sequential costs (including. bllt nOllimited 10. fees and ch~es of engineers. archilects. attorneys and other professionals and court ~nd arbitration costs I. COnlTactor Ma, Stop Work or rtrminau: 15.5. If. through no act or fault of CONTRACTOR. the Work is ~uspended for a period of more than ninety days by OWN ER or under an order of coun or other public authorilY. or ENGINEER fails to act on any Application for Payment within Ihirty days after it is submitted. or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due; then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER. terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement. if ENGINEER has failed to act On an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop ,the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. I . (The remainder of this page was lefl blank intentionally. ] I I I 30 I I I I I I I I I I I I I I I I U D D AIl'['lCLE: llr--MlOl'1'HATrorJ 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 Lav in the Superior Court of Richmond County, Georgia. (The remainuer of this page was left blank intentionally.) 31 I I I I I I I I I I I I I I I I I I I (This page ~as left blank intentionally.) 32 I I All nCLE 17-MI.'iCELLANECUS I (;ivinl( Notiet: 17.1. Whenever any provi~ion of the Contract Docu- ments requires the giving of written notice. it will be deemed [0 have been validly given if delivered in person to the indi- vidual or to a member of the /irm or to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or cenitied mail. pOStage prepaid. [0 the last hminess aLldress known to the giver of the nut ice. I I Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the lasl day o( sllch period. If Ihe last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computa- tion. I I 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. I General: I7.J. Should OWNER or CONTRACTOR suffer injury or damage to person or propeny because of any error. omis- I I I I I I I I I I I sioll or ael "I' Ihc ulher plll\Y III' ul' :lilY ul' the (llhcr porty's employees or agents or others (or whose acts the other party is legally liable. claim will be made in writing to the other pany within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.J shall nOL be CODSUlJed, as a substitute for 'or a waiver of the pro- visions of any applicable statute of Iimilations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the tights and remedies available here- under to the panies hereto. and. in panicular but without limitation. the warranties. guarnntees and obligations imposed upon CONTRACTOR by paragraphs 6.30. IJ.I. 1J.12. 1J.14. 14.3 and 15.2 and all of the rights and remedies available to OWNER allll ENGINEER thereunder. :ue in addition to. and are not to be construed in any way as a limitation of. any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations. by special warranty or guarantee or by other provisions of the Contract Documents. and the provisions of this pal1lgraph will be as effective as if repeated specifically in the Contract Documents in connection with each panicular duty. obliga- tion. right and remedy to which they apply. All representa- tions. warranties and guarantees made in Ihe Contract Doc- uments will survive /inal payment and termination or com- pletion of the Agreement. 33 I I I I I I I I I I I I I I I I I I- I SUPPLEMENTARY CONDITIONS 1.1 OWNER'S LIABILITY & PROPERTY INSURANCE: section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by Augusta-Richmond County for this project. Current insurance coverages will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY: As indicated under section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less than $200,000 for any ~uch damage sustained by two or more persons in anyone accident. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.3 SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Augusta-Richmond County Road System. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. SC-l I I I I I I I I I I I I I I I I I I I 1.4 TESTING LABORATORY: All testing and laboratory work in connection therewith shall be performed by an independent firm and paid for by the Contractor. Copies of all test reports shall be forwarded to Augusta-Richmond County Public Works. There will be no separate payment for this work. 1.5 SURVEYS: The Contractor will provide surveying for construction staking, horizontal control and vertical control as necessary. 1.6 PROGRESS PAYMENT: section 14.2 of the General Conditions shall be amended as follows: The contractor may submit monthly estimate for work completed and materials properly stored as approved by the Engineer. ,When an estimate includes materials stored, a bill of sale, invoice or other documentation warranting that the Owner is receiving the material free and clear of all liens, charges, securi ty interest and other encumbrances shall be attached to the payment request. 1. 7 ENGINEER: All references to "Engineer" shall be interpreted to mean the Augusta-Richmond County Engineer, or his official designee. 1.8 UNDERGROUND UTILITIES: (References 4.3, 1.4, 3.2) The Contractor shall coordinate with all 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. SC-2 I I I I I I I I I I I I I I I I ,I D D SECTION P PROPOSAL Date: February 6, 1996 Gentlemen: February 6 In c~pliance with your invitation for bids dated , 19___, the undersigned hereby proposes to furnish all labor, equipment, and materials, and to perform all work for the installation of streets, and appurtenances referred to herein as: East Augusta Drainage Improvements Project Number: 55-8177-094 in strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached hereto and totaling: ALTERNATE "A" - (RCP) One Million, Ninety Eight Thousand, Three Hundred Fifty Five dollars and no cents ------------------ DOLLARS ($ 1,098,355.00 ) ~ II. ~ .. ~V.1..l~\ ~ The undersigned hereby agrees that, upon written .acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Documents. The undersigned hereby agrees that, if contract, he will commence the work within 10 days after the date of written notice to proceed, and will complete the work within 325 calendar days. awarded the calendar that he The undersigned acknowledges receipt of the following addenda: One Dated February 2, 1996 Two Dated February 5, 1996 Respectfully Submitted Beam's Pavement Maintenance Company, Inc. (Name of Firm) ~ 0 Box 398 2335 Atomic Rd. Beech Island, SC 29842 (BUSijf~S Ad~reSS) BY:,,~~-"- Ti tIe: Greg Beam, Vice President P-l I - I I I I I I I I I I I I I I I I I To remain progressive in this computer oriented age Augusta- Richmond county is making the blank spreadsheet of bid items and quantities available via diskette. It is necessary to have a Lotus based spreadsheet program with the WYSIWYG application to access this tool. In order to obtain a copy, proof of purchase of the bid package must be provided and either a 3.5 inch or 5.25 inch diskette supplied. The spreadsheet will then be copied onto YOUR diskette at no additional charge by Cheryl Nelson in the Finance Department, Room 211 of the Municipal Building. A hard copy of all bid document pages must be turned in for bid as before along with proper bonding. The diskette is NOT a substitute for the bid quote and is NOT to be turned in for the bid quote. P-2 I I I I I I I I I I I I I I I I I I I EAST AUGUSTA DRAINAGE IMPROVEMENTS PROJECT NUMBER: 55-8177-094 DETAILED ESTIMATE AL TER.t~A TE 'A' (RCP) UNIT ITEM NO. DESCRIPTION UNIT QTY PRICE AMOUNT SUBURBAN DISTRICT PORTION 12108195 IO:~:57 AM I 8000.00 8,000.00 1 50- I 000 'TRAfFIC CONTROL LUMP I ! I : t63-2051 CONSTR & MAIN BALED STRAW i I I 'EROSION CHECK LNIT 200! 2.50 500.00 17 I -0020 TEMPORARY SILT FENCE. TP B j' LNIT I 2001 3.50 I 700.00 207-0203 'FOUND BKFILL MATL. TP 2 i CUYD I 2.800 i 15.50 ! 43,400.00 230-1000 LUMP SUM CONSTRUCTION LUMP I 1 i 185,000.00 I 185,000.00 318-3000 :AGGR SURF CRS TON I 700! 12.00 I 8,400.00 I I I .W2-0030 *' RECYCLED ASPH CONC LEVELING ! TON 400! 37.00 14,800.00 :.W2-01 13 *'RECYCLED ASPH CONC E, GP 1 OR I I 2. TNCL BITUM MATL & H. LIME TON ! 550: 37.00 I 20,350.00 i I .W2-0120 *:RECYCLED ASPH CONC BASE. GP 1 i OR 2. TNCL BlTUM MA TL & H. LIME TON 1.200 : 42.00 50,400.00 -413-1000 * BITUM TACK COAT GAL 600: 1.00 600.00 44 1 -01 04 CONC SIDEWALK.. 4 IN THICK ' SQYD 20i 20.00 400.00 441-0214 REfNF CONC DITCH PAVING, 4 IN, I INCL REINF STEEL : SQYD 30 40.00 1,200.00 '500-3101 CL A CONC (BOX CUL VERTS) : CUYD ! 200! 297.00 59,400.00 I "0 : '500-3800 CL A CONC INCL REINF STEEL : CUYD! - ' 495.00 9,900.00 , , 511-1000 BAR RErNF STEEL (BOX CUL VERTS) , LB I 20.000 ; .70 14,000.00 , I ,550-1150 'STORM DRAIN PIPE. 15 IN. H 1-10 Rep: LN IT 400: 23.95 9,580.00 550-1180 STORM DRAIN PIPE. 18 IN. H 1-10 RCpi LNIT 700! 24.50 1 17,150.00 STORM DRAIN PIPE. 24 IN. H 1-10 RCpi i 30.00 I '550-1240 LN IT 3.900 ! 11 7 , 000. 00 550-1360 STORM DR.A.IN PIPE. 36 IN. H 1-10 RCp! LNFT I 46.50 I 88,350.00 1. 900 ! STORM DR...\IN PIPE. 48 IN. H 1-10 RCPi 14UU i 70.00 I 98,000.00 550-1480 LNIT ~eQQ! .:'50-2999A 27" ~ 44" ARCH PIPE. HI-I 0 RCP LN IT 1.300 I 75.60 , 98,280.00 .:'.:'0-2999B 36" ~ 5R" ARCH PIPE. H I -I 0 RCP LN IT 7001 88.00 I 61, 600.00 .:'50-4018 FLARED END SECTION. 18 IN EACH pi 425.00 5,100.00 .5 50-4024 FL:\RED END SECTION. 24 IN EACH 5' 515.00 2,575.00 "\\''' BEAM GUARDR.A.IL I 15.50 5,270.00 641-4020 LN FT ! 340: P-3 :668-1105 ~668-1200 EAST AUGUSTA DRAINAGE IMPROVEMENTS PROJECT NUMBER: 55-8177-094 DETAILED ESTIMATE ALTERNATE 'A' (RCP) 12I08I9S 10:-W:S7 AM I I UNIT QTY PRICE AMOUNT I 2/ 525.00 1,050.00 I 21 1,325.00 2,650.00 81 1,000.00 8,000.00 I I 20 1, 000 . 00 20,000.00 I 41 1,300.00 I 5,200.00 I 501 910.00 I 45,500.00 I 181 ! 31,500.00 I 1, 750. 00 I I I 2,150.00 , 2,150.00 1 , 1, 000 . 00 I 1,000.00 351 500.00 I 17,500.00 i 13,500.00 I 13,500.00 I I $1, 068,005.00 I UNIT I EACH ! EACH EACH DESCRIPTION I !GUARD RAIL ANCHORAGE. TP 1 I GUARD RAIL ANCHORAGE. TP 11 iCATCH BASIN. GP I iSPECL DES CATCH BASIN (SEE DETAIL i :ON SHEET 21) EACH j CA TCH BASIN. GP 2 EACH ;DROP INLET. GP 1 EACH :DROP INLET. GP 2 EACH !STORM SEW MANHOLE. SPCL DES EACH I STOR.J\1 SEWER MANHOLE. TP 1 EACH EACH , i LUMP TOTAL SUBURBA1'\T DISTRICT PORTION: EACH GRADE EACH 1,900.00 26,600.00 TOTAL URBAN DISTRICT PORTION: 150.00 1,500.00 I I 101 225.00 2,250.00 30,350.00 TOTAL CONTRACT PRICE: $1, 098,355.00 :':~OTE* Includes Columbia Nitrogen Road turn lane and haul road restoration. C ON'rn...\C TOR Beam's Pavement ~Bintenance Company, INc. P-4 ... I I I I I I I I I 50- 1 000 .163-2051 171-0020 207-0203 230-1000 ,3 18-3000 :402-0030 * 402-0113 * 402-0120 * I ..\.13-1000 * 441-0 1 04 I 441-0214 500-3101 1500-3800 . .5 11-1000 I .5':;0-11.50 I .5.50-1180 I :550-1240 550-1300 550-1360 1.550-1420 1 - .5.50-1180 " EAST AUGUSTA DRAINAGE IMPROVEMENTS PROJECT NUl\'IBER: 55-8177-094 DETAILED ESTIl\'lA TE AL TERl'\lA TE 'B' (BCCMP) 12108195 UNIT PRICE FIC CONTROL & tvtAIN BALED STRA . EROSION ECK TEMPOR}\R IL T FENCE. FOUND BKFILI.: TL. TP LUMP SUM CONS AGGR SURF CRS RECYCLED AS PH CON RECYCLED ASPH CONC E; ". rNCL BlTUM MA TL & H. RECYCLED ASPH CONC B OR 2. rNCL BITU1vf MA TL & H, Ul'v BITUM TACK COAT CONC SfDEW ALK. 4 IN THICK RErNF CONC DITCH PA VIN rNCL REINF STEEL CL A CONC (BOX CUlVER CL A CONC INCL REINF ST BAR REINF STEEL (BOX STORi\1 DRAIN PIPE. I - " I I 1.590 I I 901 2.5101 I LN FT 1.3001 LN FT 6601 P-5 .... EAST AUGUST A DRAINAGE IMPROVEMENTS PROJECT NUMBER: 55-8177-094 DETAILED ESTIMATE ALTERNATE 'B' (BCCMP) I I I I I I I I I I I I I I I I I DESCRIPTION 550-4024 550-4030 641-4020 LNFT 641-5001 EACH I 64 1 ~50 11 c' i 668-1 100 EACH ;668-1105 EACH :668-1200 EACH 668-2100 :668-2200 l8i I ,668-4005 II 668-4300 .668..7015 ,700-6001 TOT AL SUBURBA1~ DISTRI 12I1M5 UNIT PRICE 'I 611-8130 670-9730 670-9805 I j I I I ! , i I TOTAL CONTRACf PRICE: P-6 I I I I I I I I I I I I I I I I I EAST AUGUSTA DRAINAGE IMPROVEMENTS PROJECT NUMBER: 55-8177-094 DETAILED ESTIMATE AL TERNA TE 'B' (BCCMP) DESCRIPTION 12J08195 UNIT, PRICE lane and haul road CONTRACTOR P-i I I I I I I I I I I I I I I I I I I I EAST AUGUSTA DRAINAGE IMPROVEMENTS AGGREGATE SURFACE COURSE: The item aggregate surface course is for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, section 318, Georgia Standard Specifications, is modified to permit truck dumping on unprepared and muddy subgrade. section 318 is further modified to permit 'the use of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the following materials. Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type 1 or 2 Crushed Stone Subsection 815.01 Subsection 800.01 section 803 Subsection 806.02 All materials to be used as directed by the Engineer. AS-BUILT PLANS: The Contractor shall furnish a legible set of "as-built" plans, in good condition, to the Project Inspector no later than the date of the Final Inspection. Such plans shall have all significant changes marked in red. The Project Inspector shall review the marked plans for accuracy, legibility and completeness. As-built plans, approved by the Project Inspector, must have the Inspector's signature on the cover sheet. No "as-built" plans will be accepted without the approval of the Project Inspector. CASINGS: All steel casings being installed across any roadway and/or right-of-way shall have the joints continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when welds are ready for inspection. Welded casings backfilled without the Engineer's approval shall be uncovered for inspection at the Engineer's request. COMPACTION: All compaction shall be as defined in the current edition of Georgia Department of Transportation specifications. special attention shall be given to the backfill or minor structures (p'ipe, box culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using approved tamps and soil layers of approximately 6 inches (loose measure) and in G-l I I I I I I I I I I I I I I I I I I, I 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. CONCRETE: The Contractor shall have a slump cone on the project at all times when concrete is being placed. He shall, in the Engineer's presence, perform slump tests as directed by the Engineer. Tests shall be performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 lbs. cement per cubic yard. Class "B" concrete shall have a minimum of 470 lbs. cement per cubic yard. Concrete not meeting these requirements will be rejected by the Engineer. CONSTRUCTION: Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header curb, etc.) shall be paid for in the unit price bid for curb and gutter. At locations where new pavement is to be placed adjacent to existing pavement without an overlay or where curbing is to be placed across paved parking lots, a joint shall be sawed on a line to ensure pavement removal to be neat. Only those joints sawed in concrete pave~ent will be paid for under the pay item-Sawed Joints...Per Linear Foot. Where curb and gutter is used. and the shoulder elevations are higher than adjacent ground, the actual direction of drainage runoff shall be determined by the Contractor. He shall make such provisions as necessary to ensure that no ponding is caused by the new construction. He may place additional fill to provide drain inlets. Compensation will be under the price bid for the appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope down outside the back of the curb line not to exceed an algebraic difference of 0.07. This should be used primarily on the high side of superelevated curves. The Contractor should use caution with standard variance and place special emphasis on hydraulic considerations. Where curb and gutter is to be built on the high side of superelevated curves the gutter slope shall match the roadway slope or superelevation rate. The Contractor shall provide borrow and/or waste pits for this project. All pits acquired for use on this project shall be reclaimed in accordance with Subsection 107.23 and section 160 of the Standard Specifications. G-2 I I I I I I I I I ,I I I I I I I I I I All storm drain pipe, side drain pipe, pipe culvert winqwalls, steps, retaining walls, curbs and gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as a removal pay item will be removed as Clearing and Grubbing, Grading Complete, Grading Per Mile or Lump Sum Construction. cut and fill slopes outside of clear zones may be adjusted on construction where necessary to remain within the right of way. Curb cut ramps in accordance with standard 9031-W are to be used at all street intersections on this project. Asphalt milling is specified for use on existing pavement that is to be resurfaced adjacent to curb and gutter. Finished surface on asphalt pavement shall not exceed 1/4" above the gutter line as shown on Georgia standard 9031-J. CONSTRUCTION LAYOUT: Construction layout work shall be.performedby the Contractor. See section 149 of the Standard Specifications. The survey for this project was made by ZEL Enaineers @ 724-5627 DESIGN ALTERATIONS: The County recognizes that various changes in design may be made as the project progresses. Any requests for additional payment will be processed based on actual work in place and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced separately and no work shall be done on these items until approved, in writing, by the Engineer. DRIVEWAYS: The item aggregate surface course is for use as surface for unpaved drives and for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, section 318, Georgia standard specifications is modif ied to permit truck dumping on unprepared and muddy subgrade. Section 318 is further modified to permit the use of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the following materials: Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type 1 or 2 Crushed Stone Subsection 815.01 Subsection 800.01 section 803 Subsection 806.02 All materials to be used as directed by the Engineer. G-3 I I I I I I I I I I I I I I I I I I I All driveways that are to be reconstructed shall be replaced in kind i.e., asphalt for asphalt, concrete for concrete, and aggregate surface courses for earth. The driveway locations indicated on the plans are from the best available data. The Contractor shall obtain the approval of the Engineer prior to making any revisions such as to location, width, and/or number of drives to be constructed where required. The drives shall be paved as follows: Asphalt Drives Residential: 1 1/2" Asphaltic Concrete "E" 3" Asphaltic Concrete Base Commercial: 1 1/2" Asphaltic Concrete "E" 2" Asphaltic Concrete "B" 3" Asphaltic Concrete Base Concrete Drives Residential: 6" Valley Gutter Commercial: 8" Valley Gutter Earth Drives 2" Aggregate Surface Course (Spread on the surface and not mixed in.) Ingress and egress shall be maintained at all times to adjacent properties, unless otherwise noted in the plans. All valley gutter drives shall conform to Standard 6050 or 9031-J. EROSION AND SEDIMENT CONTROL: The Contractor shall be responsible for all soil erosion and sediment control practices. All on-site erosion control shall comply with local County erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. EXCESS MATERIAL: All excess material is to be disposed of as directed by the Engineer or as noted in Subsection 107.23 of the Specifications. FENCE: All new fence called for on the plans and/or contract documents shall meet the requirements of Section 643 of the Georgia Department of Transportation Standard Specifications, current edition. New fence not meeting these Specs will be rejected. G.-4 " I I I I I I I I I I I I I I I I I I I In contracts where remove and reset fence items are involved (either as pay items or as Lump Sum Construction) all replacement fence shall be equal to or better than the existing fence as approved by the Engineer. This means equal to or better than the original fence at the time of it' s installation. In accordance with Subsection 643.03D the Contractor must furnish positive locking devices, padlocks and keys with all gate assemblies. FINISHING AND DRESSING: All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre- existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. FLAGGING: Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions, and as required by the Engineer. All flaggers shall meet the requirement of part 6F of the MUTCD and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provide certified flaggers as required above shall be reason for the Engineer suspending work involving the flagger(s) until the Contractor provides the certified flagger(s). Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket, and shall use a Stop/Slow paddle meeting the requirements of Section 6F-2 of the MUTCD for controlling traffic. The Stop/Slow paddle shall have a shaft length of six (6) feet minimum. In addition to the flag as an additiona1 device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTCD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the presence of the, flagger shall be placed beyond the point where traffic can reasonably ,be expected to stop under the most severe conditions for that day's work. G-5 I I I I I I I I I I I I I I I I I I I FOUNDATION BACKFILL MATERIAL, TYPE I: Foundation Backfill Material Type Standard 1030-0 and section 'specifications. No separate pay material or its placement. I shall conform to Georgia 207 of the Standard item will be made for this FOUNDATION BACKFILL MATERIAL, TYPE II: Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-0 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 Storm Drain pipe with an inside diameter of 36 inches or greater and beneath all concrete box culverts. Payment shall be per cubic yard unless otherwise specified in the contract. GRADES: wi th the approval of the Engineer, grades may be field adjusted to provide for best drainage. GRADING: In contracts where grading, including excavation for drainage structures, is accomplished under section 210 (Grading Complete or Grading Per Mile) or section 230 (Lump Sum Construction) the Lump Sum amount bid will include all work necessary to obtain the line, grade and compaction in accordance with the Specifications and other contract documents. There will be no separate payment for any work of this nature including borrow and the removal of unsuitable and/or unstable material. However, the Contractor shall make whatever investigations he deems necessary to determine the extent of any borrow or removal necessary to meet contract requirements. If it develops that removal of unsuitable/unstable materials quantities could not have been predicted by the Contractor from a reasonably thorough investigation of project conditions, the Contractor may request negotiation for payment for excavation of this nature in areas where the depth exceeds three (3) feet below subgrade. The Owner will consider negotiation only when this type of removal is excessive and the Contractor provides evidence that he thoroughly investigated project conditions prior to entering his bid. Only those quantities in excess of three (3) feet below finished subgrade and/or normal excavation for drainage structures, ordered by the Engineer, will be considered for payment. G-6 I .1 m I I I I I I I I I I I I I I I I GRASSING AND EROSION CONTROL: The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to determine the actual area to be grassed. No claims will be considered for extra compensation if the Contractor relies on plan information to prepare his bid. All slope areas are to be grassed unless shown otherwise on plans. Temporary grass is required if permanent grass season is out. The Contractor shall be responsible for all soil erosion and sediment control practices including Temporary Grassing, Temporary Mulch and other temporary measures. All on-site erosion control shall comply with local County erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. ' 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 pay will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. Discontinued roads or, other areas inside or outside the project construction limits, but within the existing or required right-of-way, shall be obliterated and restored as nearly as possible to the original contour of the ground (See Section 205 of the Standard Specifications). No s~parate payment will be made for this work. Where item number 700-6001 is shown as a pay item Georgia Department of Transportation specifications are modified to provide that the lump sum price bid shall be full payment for all fertilizer, lime and nitrogen. No separate measurement for payment will be made for any work or materials required to accomplish a stand of permanent grass. INFESTATION: The entire project is considered to be within the limits of an insect infested area. The Contractor's attention is called to the following sections of the Standard Specifications: (A) 155 Insect Control (B) 893 Miscellaneous Planting Materials. INSPECTION: This project will be inspected by the Engineer or his Representative. G-7 I I I I I I I I I I I I I I I I I I I LEVELING COURSE: Leveling shall be placed at the locations and in amounts as approved by the Engineer or his Representative. Measurement and payment shall be made in accordance wi th the Standard Specifications on a unit price basis. The quantities included in the schedule of items are approximate and subj ect to change. All changes will be made at the unit prices, as bid. MISCELLANEOUS DRAINAGE STRUCTURES: All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain Inlets, Special Inlets, etc. whether standard or special design shall be paid for Per Each. There will be no separate payment for additional depth unless specifically shown as a pay item. NOTE: All Catch Basins, Drop Inlets, Manholes, exposed Junction Boxes, etc. wi th concrete tops labs shall include manhole rings and covers. PATCHING AND REPAIR OF MINOR DEFECTS: Where necessary, the Contractor is required to patch and repair existing potholes, minor pavement defects and base failures in accordance with the Specifications. PAYMENT FOR PIPE CULVERT INSTALLATION: 1. Payment for pipe cul~ert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. 2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete (See Georgia Standard 9031-L). 3. Payment for pipe culvert includes any required concrete collars (See Georgia Standard 9031-U). PIPE CULVERTS: Unless otherwise noted, all cross drain, longitudinal and stub pipe are to be reinforced concrete. All required pipe culverts shall be in accordance with Standard 1030-0. Foundation Backfill Material Type I shall conform to Georgia Standard 1030-0. No separate pay item will be made for this material or its placement. G-8 I I I I I I I I I I I I I I I I I I I Payment for pipe culvert or utility installation includes sawing and/ or cutting and removing existing pavement and replacing the pavement as specified in accordance with standard 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete and for constructing concrete collars. The Contractor shall include in his price bid for pipe, the addi tional cost of bends, tees, fasteners, appropriate gaskets (see Section 848 of the Standard Specifications), and structure excavation. ' PRECAST CONCRETE UNITS: Precast Concrete units, other than those specifically allowed by Georgia Department of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc shall not be installed without written permission from the Engineer. Any such units installed without such written permission shall be removed from the project. REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD: It shall be the Contractor's responsibility to remove and reset any and all existing ornamental shrubs and bushes and sod in conflict with proposed construction. Coordination with the property owners is essential in this endeavor. The Contractor will not pe held responsible for care and maintenance after removing and resetting these plants and sod except in cases where the Contractor's equipment causes irreparable damage or where plants and \ or sod dies as the resul t of negligence on the Contractor's part. In which cases, the Contractor will be held responsible for replacement. Sod shall be reset with ground preparation in accordance with Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall remove the sod in a manner that will be conducive to insuring that the reset sod will live. At the Contractor's option he may replace any sod he removes with new sod of the same type. No separate payment will be made for this work or replacements unless specifically shown as a pay item. REMOVING AND RESETTING OF OBSTRUCTIONS: It shall be the Contractor's responsibility to remove and reset any and all obstructions such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns, etc. which are in conflict with construction and 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. G-9 I I I I I I I I I I I I I I I I I I I RIGHT-OF-WAY AND EASEMENTS: The Contractor shall not perform any work outside the limits of the right-of-way or easements. In addition, no equipment or material shall be placed outside these areas without written permission of both the property owner and the Engineer. In the event that the Contractor elects to utilize private property for any purpose connected with the project such as, but not limited to, staging areas, equipment and/or material storage or simply as a convenience, he shall submit a written agreement to the Engineer containing vital information such as limits of both area and time the property is to be utilized and a description of the intended use. The agreement must be signed by both the property owner and the Contractor and will be reviewed and recorded by the Engineer. Such agreements must be submitted prior to the Contractor's use of the property. SALVAGEABLE MATERIALS: As directed by the Engineer or his Representative, all salvageable materials, such as drainage pipe, which require removing but are not to be used on this project, are to be cleaned and stored within the right-Of-way by the Contractor. These materials shall be picked up and transported by Augusta- Richmond County forces~ The Contractor is responsible and shall make restitution to Augusta-RiChmond County for materials damaged through his negligence. SAW CUTS: When matching existing conditions, saw cuts shall be used as required by Augusta-RiChmond County. only saw cuts in Portland Cement Concrete which are shown as contract pay items will be paid for separately. No saw cuts in asphaltic concrete will be paid for separately. SPECIFICATIONS, STANDARDS AND OTHER DATA: All references in this document, which includes all papers, writings, documents, drawings, or photographs used, or to be used in connection with this document, to State Highway of Georgia, State Highway Department, Highway Department, or Department when the context thereof means the Georgia. Department of Transportation mean, and shall be deemed to mean, Augusta-RiChmond County, Augusta-RiChmond County Commission-Council, Department of Public Works. The date, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, G-10 I I I I I ,I I I I m I I -I I I U I D o 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. This project is based on and shall be constructed in accordance with the State of Georgia Department of Transportation 'Standard Specifications for Construction of Roads and Bridges, current Edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. until the conflict is resolved, the interpretation of the Engineer shall control the situation. This project shall be constructed in accordance with current Georgia Department of Transportation Roadway Standards. STANDARDS: This project shall be constructed in accordance with current Georgia Department of Transportation Roadway Standards. STORM DRAIN PIPE: Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete. SUBCONTRACTORS: The Contractor shall furnish the official name of all firms he proposes to use as Subcontractors in the work. This information should be furnished at the Preconstruction Conference. However, no work shall be done on this project by a Subcontractor until the Contractor receive written approval of his Subcontractor (s) from the Engineer. The Engineer shall notify the contractor, in writing within 10 calendar days whether or not approval of the Subcontractor(s} is granted. TESTING OF THE WORK: The Contractor shall employ a qualified materials testing laboratory to monitor more fully the quality of materials and work and to perform such tests as may be required under the contract documents as conditions for acceptance of materials and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF THE WORK. Concrete compressive strength project (see Section 500 of Transportation specifications). where necessary. tests are required on this the Georgia Department of Other tests may be required G-11 I I I I I I I I I I I I I I I I I I I All test results are to be submitted to the Engineer. No separate payment will be made for employing the testing laboratory or any required tests. On projects that include asphaltic concrete, cores shall be cut in the asphaltic concrete at random locations, selected by the Engineer, to verify thicknesses. A minimum of three (3) cores per mile or three (3) cores per project, whichever is greater, shall be cut by the Contractor. If all thicknesses are satisfactory, in accordance with Section 400 of the Department of Transportation Specifications, no further cores will be required. If cores indicate an unsatisfactory thickness, additional cores, as determined by the Engineer and at locations of the Engineer's choosing, shall be cut to determine the extent of the unsatisfactory thickness. Corrections as shown in section 400 of the Department of Transportation Specifications shall be made where required. There will be no separate payment for cutting cores, filling core holes or corrective work. Payment shall be included in the price bid for asphaltic concrete items or in the overall bid price of the contract. TEST ROLLING: Prior to placing any base course the subgrade shall be test rolled on six feet centers using a loaded dump truck or other equipment approved by the Engineer. TRAFFIC CONTROL: The Contractor shall provide construction signs in accordance with requirements of "Manual on Uniform Traffic Control Devices for Streets and Highways", current edition with added supplements and special provisions. The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard Specifications regarding barricades, danger, warning, and detours signs. All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction of this project shall meet all requirements of the M.U.T.C.D., current edition, as directed by the Engineer and be furnished by the Contractor with payment in accordance with Section 150. All traffic signs shown are minimum. Other signs may be required by the Engineer with payment included under the appropriate items. All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and Specifications. G-12 I I I I I I I I I I 1 I I I, I I I I I In accordance with Section 150 if the Standard Specifications and it's Supplement, 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 highway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. TRAFFIC CONTROL DEVICES: Augusta-Richmond County Public Works Department, Construction Division, shall provide Augusta-Richmond County Traffic Engineering Department with two weeks notification before the placement of all permanent traffic control devices. The Contractor shall provide all temporary traffic control devices needed to' safely direct traffic through the construction area. All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and Specifications. 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 highway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be 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: The Contractor's attention is directed to the possibility of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light G-13 I I I I I I I I I I I I I I I R I I o systems, gas underground telephone cables, etc. that either are obstructions to the prosecution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature will be handled by the utility owner. THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS: Georgia Power Company Post Office Box 488 Augusta, Georgia 30904 Telephone (706)724-0892 Georgia Natural Gas Company Post Office Box 1426 Augusta, Georgia 30913 Telephone (706)722-7791 Southern Bell Telephone 440 Walker Street Augusta, Georgia 30901 Telephone (706)828-8500 Jones Intercable, Inc. 1424 Monte Sano Avenue Augusta, Georgia 30904 Telephone (706)736-6515 Augusta-Richmond Co. Water Works 2760 Peach Orchard Road Augusta, Georgia 30906 Telephone (706)796-5000 Jefferson E.M.C Post Office Box 157 Hephzibah, Georgia 30815 Telephone (706)592-4531 Urban Services Water & Sewer 530 Greene Street Augusta, Georgia 30901 Telephone (706)821-1706 Mr. Max Hicks Augusta-Richmond County Water Works 2822 Central Avenue Augusta, Georgia 30909 UTILITIES: All utility facilities which are in conflict with construction, not covered as specific items in the detailed estimate, are to be removed and relocated to clear construction by the respective owners, unless added later to the contract as a, supplemental item. All "above ground" utility structures will be located as near as possible to the right-of-way line. The Contractor will not be paid for expense caused by utility facilities, other items not being removed or construction in advance of his work. any delays or extra obstructions or any relocated to clear All known utility facilities are shown schematically on highway plans, and not necessarily accurate in location as to plan or elevation. Utility facilities such as service lines or unknown facilities not shown on the plans will not relieve the Contractor of his responsibility under this requirement except as noted below. "Existing utility Facilities" means G-14 I I I I I I I I I I I I ,I I I I I I I any utility facility that exists on the highway project in its original, relocated or newly installed position. other than service lines from street mains to the abutting property the Contractor will not be held responsible for the cost of repairs to damaged underground utility facilities when such facilities are not shown on the plans and their existence is unknown to the Contractor prior to the damage occurring, providing the Engineer determines the Contractor has otherwise fully complied with the Specifications. The following utility owners have facilities which may conflict with construction of this project: NAME OF UTILITY OWNER TYPE OF FACILITY Georgia Power company Georgia Natural Gas company Jones Cable T.V. Southern Bell Telephone Augusta-Richmond County Water & Sewerage Power Gas Cable Telephone Water, Sewer The Contractor shall use the one-call center telephone number 1-800-282-7411 for the purposes of coordinating the marking of underground utilities. The Contractor's attention is directed to the probability of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and underground telephone cables that either are obstructions to the prosecution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature will be handled by the utility owner. UTILITY ACCOMMODATION POLICY: In so far as possible work shall be scheduled so that open excavations,will not be left overnight. Where trenches, pits or other excavations are within the clear roadside areas and cannot be backfilled before leaving the job site, they shall be covered by timbers or metal plates and protected by reflectorized and/or lighted barricades as appropriate and as directed by the Engineer. Barricades sufficient to prevent a person from falling into an excavated or work area must be erected in areas where these conditions exist. G-15 ~ I I I I I :1 I I I I I 'I I I I I I I I S_ptember 13, 1991 April 7, ,April 5, 1993 First Osee May 28. 1993 First use 1993 DEPARDmNT OF TRANSPORTATIbR' July 1, 1993 State of Georgia 1992 , SPECIAL PROVISION JIlDlYICATIOH OF SBCrION 150.~ "!'RAFFle CONTROL 150.01 DESCRIPTION Delete second sentence and substitute: Activities shall consist of furnishing, installing, maintaining, and removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic control d~vices and shall include flagging and other means for guidance and protection of vehicular and ~estrian traffic through the Work Zone. 150.02 N. Add: N. All existing pedestrian walkaways shall bt maintained. Whenever chang~s to the worksite necessitate changel to existing walkways, temporary walkways shall be provided and maintained, with appropriate signs as necessary, to allow safe passage of pedestrian traffic. 150.03 B. SIGNS: Retain as written and add: All construction warning signs shall bt removed within seven calendar days after time charges are stopped or pay items are complet~. Subsequent punch-list or othet' work to be perfomed shall be accomplished utilizing temporary construction warning signs that shall be r,emoved daily. 150.04 A. PAVEMENT M1UUUNGS: Delete first sentence and substitute: Generally, full pattern pavement markings in accordance with Section 652 and in conformance with Section 3A and 3B, except 3B-3 and 3B-5, of the ~mTCD are required on all courses before the roadway is opened to traffic. No passing tones shall be marked to conform to Section 150.04 E. ' rc-/ r I , t ,I ,I :1 I :1 :1 :1 I I 'I I I 'I m 'I I I I I " . 150.04 D.l.b. NO ~ASSING BAlUUERS Delete first sentence and substitute: Full no...passing zone markings l$hall be marked daily and conform to Section 652 and in accordance with sections 3A and 3B, except 3B-3 and 38-5. of the MUTCD. No passing zonts'shall be marked to conform to Section lSO.04E. 150.04.D.1.c. Delete i1S written and add: c. E[X;ELINES I (1) Bituminous Surface Treabnent paviJ1g: Edgelines will not be' required on intermediate surfaces (including asphaltic concrete leveling for bituminous sur lace treatment paving) that are in use for a period of less than sixty (60) calendar days except at bridge approaches, on. lane transitions, lane shifts, and in such other areas as detetmined by the Engineer. On the final surface edgelines must bt placed within thirty (30) calendar days of the time that the surface was placed. (2) All Other Types of ,Pavement: Edgeline* will not be required on intermediate surfaces that are in ute for a period of less than thirty (30) calendar days except at bridge approaches, on lane transitions; lane shifts, and in such other areas as determined by the Engineer. On the final surface edgelines must be placed within fourteen (14) calendar days of the time that the surface was placed. 150.04 E. Delete · APPLICATION OF TRAFFIC StRIPES. in heading of Paragraph E. and add; APPLICATION OF PAVEMENT MARKINGS Delete second paragraph and substitutt: Pavement markings shall re-establish ~o-passing zones in the locations and configuration that existed prior to construction. Existing no.passing tones shall be clearly identified as to location prior to tonstruction by staking or erection of -00 NOT PASS- and. -PASt WITH CARE- signs. On new location projects and on ptojects where eitber horizontal or vertical alignments h~ve been modified, the location of no-passing zones will be identified b.Y the Engineer. 150.05 - FI~ 150.B: Delete -Note- and substitute: .Note: Vertical panels or striped d~ required for this location, spaced at 50 ft. intervals.. rc-z . ,I r . ,I il ,I I I :1 :1 I I I I m I I I I I I ReV. FebrUarY 25, 1991 First use: May 24. 1991 0EPARIMENl' OF'~OO .., State of Georgia . ' . StJPPUMEN1'AL spE:IFICATiOO , ~~ 150 - 'JBA!!'IC aJma, Delete Sectial 150 as written and substitute the follOOngI 150.01 ~W: ~s secticm as SlJI2plernented by the Plans,' ~ifieations. and MU'.ta> shall be considerttd the Traffic COntrol Plan. Activities shall consist of furnishing, i.Jtst;alling. mai.ntai.ni.ng. and renrntinq necessary traffic signs, barricadeS. lights, signals,cooes. pavement markings and other traffic' control devices and shall incluQa flagginq and other 1tSan5 for guidance and protel;tic:n of traffic thrcogh the Work %ale. 'lhis ~k shall include !:loth. JIBintaininq existing devices (excluding Traffic Signals) and inStalling additiQIlal devices as necessary in c::onstruc;ti.cn work %ones. N'len any provisions of this Specification or the plans Cb net neat the tniniJmJm requirenents of the tnanual en UnifQCD ~affic Ccnt:rol Devices (1Cfl'C)). c:urrent edition, 'tha M11IO> contrOls. A. '!he c.om:ractor shall designate a qUalified individual as the W:lrksite Traffic Contro;l Supervisor (Wl!'.S) ~ shall be responsible for selecting. installing and mai.nta.i.nin9 .ul traffic control devices in aceordanee with the Plans, Specificaticns. Special Previsions and MtJ'l'a). '!his individual's traffic control responsibilities shall have priority ewer all other assigned duties. As the representative of the Contractor, the WICS shall have full authority t.o act en behalf of the contrectar in administering the Traffic: Control PIM. '!he wrcs shall have ~qlriate training in safe traffic control prac:tiees in accordance with 5ectia1 6A-6, Part VI of the MlJIC). In, addi tiCll1 to the wrcs all others making aeeisialS regarding 'traffic control nust' neat 'the training requi.r~t.s of Section 6A-6 of the MrJIm. On projects where traffic contrOl duties will not require full tiJte supervision, the Engineer may allo.' the ContractOr' s Project Superintendent to serve as the wrcs as long as sati.sfact:ory results ~e c:btained. The wtt:s shall have a eqt'J of the Ml1!C), current edition, Cft the jcb site. eq>ies of 'the current Kfl'O) rtay be obtained ~l Superintendent of Docunents U.S. Goverment Printing Office washingtal, D.C. 20402-9325 '!he WIt:S shill be available en a 24-hour basis as needed to maintain traffic centrol devices with acceSS to all personnel, materials' and equi.pnent necessary to respond effectively to an energency situation within forty-five (45) minutes of notificalial of the E!lIergeney. -1- rC-5 I -I I I I I I I I I I I I I I I I I I 'n1e Wro; shall supervise the! initial installdtion of ttaffic centrol _ devices which will be, revi~ by 'the Engi.neet prior to the beginning of coru;t:rueticn. l'Ddifications to traffic control deVices as required tst sequence of operatiOns or staged eanst:roeUan JtI,1st be reviewed by the WIt:S. "11le WlCS shall regularly perfotm i.nBpeCtions to ensure 'that traffic: ecntrol is 'nai,ntained. B.- All traffic control devices used ciurinrl the eonstruction of e project shall DSet the St;.BnQards ut;H.,M !n the KJ'lO), and shall o::IIP1y with the requirementS of 'these SpeCifj.cat1ons, Project Plans, and Speeial Prcvisia1S. ~erence is made to SUb-&ectioos 104.05, . 107.07, and 107.09. c. All ref1ectarizauon for traffic ecmtrol devices shall Jreet the requi..renents of SediO'1 913, Type 1, unless otherWise specified. D. No wxk shall be started CD any ptoject phaSe unti11:he ~riete traffic cmtrOl devices haVe been plaeed in e=ordance with Project r~. 0\ange5 to traffic flew shall ngt ccmnence unless ell labOr, JDaterials, mag equi.prent peeessary to, make the changes are iWirilable CXl the Project. ,E. "!be ecntrad:Or shall secure the Engineer' s ~roval of the ContractOr's prC905eC1 plan of ~on, seqUel'1ee of \oiCI'k and nethods of providing for the safe passage of traffit: before it is placed in q?eraticn. '1be p.rqx:sed plan of cperatic:n should supplement the approved traffic centrO! plm. :Arty major changes to the appr~ uaffic: control plan, proposed by the contrctctor, are to be sumu. tteCl to the oepartment for ~rcn.ral in accordatJCe \lith SUb-SeCtia1'104.03 of the Standard SpeC:ificatia1S. Sate additional traffic crotrol details will be required prior to arrj major shifts of traffic. ~ traffic cootrOl details shall include, blJt not be limiteCI to, the foll0dn9: 1. A detailed dra\dn9 shcwin9 traffid lor:atian and laneage far eac:h step of the change~ 2. '!be loeation, size, and nesgge of all signs required by' the MI11Q), plans, Speeial ProviSions, and Other signs as required to fit CQf1ditions. 3. "n1e net:hoQ to be used in, and the 1:irni.ts of, 1:he c:blit.eraticn of conflicting lineS and msrki.n9s. 4. Type, lo:aticn, and extent of'new ~ines lUlf3 ~kings. 5. Horuonta1 and vertical aliqnrrent. and superelevation rates for det.ours, including crOSS sectioo ana profile grades along each edge of eri.sting paveaent. 6. Drainage details for tenporary and. permanent aligments. 7. I.o:ation, length, and/or spacing of channelizing and pr~ve devices (tatpOI"ary barriu, guardrail, barricades" etc.). -2'" TC-4- r . ,I :-1' . :1 :1 'I :1 I I I I I I I. I I I I I I 8. St:arting time, durat.icn end date Of planned d1ange. 9. !'t1r each tr~ic shift, a paving plan, erecti01 plan, or work site plan, as appr~ate, detailing nen and equipre:nt necessarY" to aecarplisti. the prq:05ed work. '1'hiS will be the I\liniJIUn r~ allocation all~d to start the ~k. "lhe alxJve detailS shall be sutmitted to 1U1e' Engirieer for ~ at least 14 C!ays prior to the ~ticipated traffic shift. '!he Contractor shall have traffic control 00talls for a traffic shift ~t:h has been approved by the Enqineer in his possession prior t.o cxmrencenent of the physical shift. All preparatmY ~k r41Cltive 'to the traffie shift \w'hieh does not interfere with traffic shilll be ~lished a mi..ninUn of two hourS prior to the designated starting tiDe. '!be Engineer and the ~'s repr~ve will verify that all conditions have been JDet prior to the O:mtracta: c:btaininq materials for the ac:tUal traffic shift. F. 'l%affic control Qevices shall be in ~le condition \/hen first erected on the project and shall be maintained in accordanCe with Sub-Seetion 104.05 throughc1..tt the eonstruetion period. 1U.l unacceptable traffic control devices shal.1 be replaced within 24 ha.1rs. When not .in use, all traffic c:a1trol c;levices shall be renaved, placed or covered so as not to be visible to traffic. Ii traffic con~ deV'ices are left in place for !lOre than 10 ciays after carpletiro of the ~k, "the oepartnent shall haVe the right to retrQVe such devices, claim possession thereof, and deduct the cost of such rem:wal frr:rn any zn;mies due, or llllhid1 may becc:rre due, the Ca\tractor. G. '!he ~ reserves the rigl'it to restrict. ccnst..nX:tial' q::erat.ions lolhen, in the opinioo of the En<Ji.neer, the continuance of the WOrk w;,uld seriously hinder traffic flOll on days iJmediately before, on, or after' holidays or other da:ys in \If'hich unusual traffic conditicns exist, inc:luding threatenU1g or .incl~t weather. 150.02 ~ ZCNESI. .,' A. 'IYaffic control shall be provided' using the foUCMing materialsl 1.. portable advance warning signs as required by the contract. or meeting the requirments of the Knt:D and SUb-Secticn 150.03. . 2. Portable sequential or f1ashin~ arrOi1 panels lIS shcMn in 1:he ~lans or SpeCifications for use Q'l Interstau! or nulti-lane highWay lane closure cnly, shall be a rni.ni.mJm sue of 48" high by 96" wide with not less than 15 laltps used for the arroW. 'l11e arrcM will a:;r;upy virtUally the entire size of the arreM panel. and shall have a minilrUn leqibility distance of c:ne mile. 'n)e mi.niJra,Jm legibility distanCe is that distance at ,mich the arra-l panel can be c::arprehended by an cbserver en a sunny day, or clear night. r-acw panels shall be equipped with autanatic dimning features for use during h:lurS of darkness. '!he arr"", panels shall also Jreet tOO requirenents as soo..m. in the cutrent editiro of the MlJ!(D. '1he sequential or flashing aa~ panels shall not be used for lane closures on two-lane, t:\o,Q-Way highweys when traffic is restric::ted to one-lane c:perations in whic;:h case, appropriate signing. -3" TC-S- I I I I I I I I I I I I I I I I I 'I I . flaggers and ~ required. pUot vehic:les will be ~.ea suffir..i.ent. 3. Portable variable JD!!SSage signs Jdaeting the requireaents of section 632. ' 4. Cl'1ar1rlell%ing devices ~ 'the standards' of the Ml1lt:D mu3 SUb-Secticn 1.50. OS. s. Precast ccnerete barrier meeting 'tl1e ~ at secti~ 622. 6. ~ traffic signals szeetin9 the req\1irer&elts of Sectim. 647. 7. Pa\r1:udlt markiD9 1D2lterials ~1yin9 with SUb-Sectic::n 150.04.A. B. All lane c:losures shall haVe previouf; approval of the Engineer. ;Lane closures that require saJIe direetim traffic: to split around the Work Area will net l:le approved for roadwaYS with posted speeQs of 35 ~ or greater, etcluciin9 turn lanes. c. 'mAFFlC PACIN:i ~: 1. p1QNG OF 'lltAFFIc: With prior apprcnal frcm the Engineer, traffic :sy be paeed allMn9 the contr~ l.1P 'to 'ten (10) tninute8 maxiJm;Im to wxk in or ~ ill lanes of traffic tar the follOiolin9 purposes s a. Placing bridge ~,Lers cr other bric3ge work b. Placing ove'~~d sign st.xu:tbres c. Other ~k itemS requirin9 j.nt:.errUpt:i. of traffic 1be COntractOr shall proVide a un1focred 'police officer with patrol vehicle and blue flashing light for each diIectian of pacing. ']he pollee effieer. Enginee:t. mld naggers at ratq)S shall be provided with a raQio ~ allowS continuous contaCt with 'the Contractor · ~ ready to start the \<<Ir); act.i~ty, the poliee vehicle wU.l pull into the traVel lanes mld act as a pilat vehicle sl~ tM traffic, thereby providin9 a ~ in traffic allcuing the Ccotrac:t.OI' to perfODl\ the Work. hty rallFS bebeE!n the pace and the jcb site shall be blccKed duri.h9 pacing of traffic. with II nagger properlY dressed and equipped with a Stcp/S!C7ooI padCle. Ead1 rartp sholld be c:peneO after the pollee vehicle haS passed. pilot vehicles are to travel at a pace speed of not less than 20 JTPh interstate and 1.0 nph. non-inteJ:'state. "1he contractar shal1 provide a vehicle to prcx;eed in front of the police vehicle and behind the other traffic in order U infOIm the Contractor' S ~k force \ohen _all vehicles have elearef1 the area. -4- TC- ~ If · :1; I :1 ;1, I I I I I I I I I I I I I I ~fie will n&X be permitted to ~ dL1rinq pacing ~L in extreJJe cases as approved by ~ ~. 2. ~s OF SIGNIN; FCm f!AAFFIC PJCIN;: At a point not less than 1,000 feet iIi"acNanee of the begi.Min9 point of the pace, the Contractor shall erect and aNer a W ~ial si~ (72 inch x 72 inch) with a Type loB" flashing light, with the legend IoTraffic S1~d Ahead ShOrt Delay" (see Detail lSG-A). variable nessage sign IDi!Y be used in lieu of w special sign- en divided higm,sys 1::his sign shall be double indicated. A worker with a 'blO-"WaY radio shall be posted at the sign" and upon notice 1:hat the traffic is to be paced shall t.urn at tile fl~hin9 light mld reveal the sign. When traffie is net bein~ paced, the flashing light shall be turned off and tile sign masked. or ~. w-special signs are reflect:.cri%ed orange and black. series "C" letters and ~der of the sUe speci -fied. D. On IJUltilane highwayS lolhere traffic: haS been shifted to the inside lanes for overnight use, the entrance aM exist ranps shall have channelization ~ces with steady bum lights placeO on both sides of the ratr9. 'lhe terrp"'rary r~ taper lengt}1 shall be greater than, or equal "to, the existing taper length. 'l'enpOrary EXIT gore signs shall be placed at the ranp divergence. Channelizatic:n device spacing in the first 100 feet of the ~ gore shall he 2S feet. E. "!he transiticn to na:mal or full wiCll:h highlolay at the end of a lane closure shall be a ~;mml gf 150 feE!to. F. '1b proride the c;;reatest possible cc;tJveni.ence u> the public in accordance with SUb-seetial 107.07. the c:ontractor .shall rerrave all signs. lane closure snarJdngs, and Clevice.s iJmediate1y when lane closure \lIOrk is COIpleted or tarporarily suspended for any length of tiJna or as ciireeted by the Enqineer. G. '!he Contractor's truckS and other whicles shall travel in 'the direction of noonal roadwBy traffic unless separated by a positive barrier, or when construction" activity hecessitates otherWise. and' shall not ~everse direc:tia1 ~~L at intitrsections. interchanges, or approved terrpOrary crossings. H. '!he Contraetar shall ensure that dust. m.1d, and other debris :fran his operatial cb not interfere with ncxmal traffic c:per~t.iQDS, or adj acent prc:pert.i.es. I. F.rlstin<3 street liC]htin9 shall remain lighted as long as practical and until renoval is approved by the :D1g~. J. i\dequate terporary lighting shall ~ provided at all nighttiDe ~k sites lIolhere \o/Orkers 10tiU be iJmediately adjacent to traffic. K. For their own proteetia'l, ~Jcers in br adjacent to traffic Curing nighttine operatic:n shall -wear reflectorized vests. L. 'lbe parking of Cont.raet.Or's and/or lolOrkers personal vehicles within the \lOr); area or adjacent to traffic is prohibited. -5. TC-7 I I I I I I I I I I ,I I I I :1 :0 I B I ., ~'if RAFF Ie:: --.~ IO"} 51" 110. fr n' SLO WED ~--'" -~1 - (1- j-~. If" ," J\ H EAD ~ -'," . ~ S H 0 R]J1ELAY 7-~ - ~9. -; ~, no.=- ..( · ,....',....,.,,'1' 1 - Y1-~L. stell U'oal ~J' . Slim $Hau. N~VE ILlt1C \.GENO 1.1ID ~ c.... c;u.w.~ ~n.[.OORIUD r.a.tlCGflCUlD. 1- 1WtG11 I 1/2.- co:=rJr ~.. AA;JUS ~ y f1.JI.SMDIC 1.CKT eN TJUn1C at _,- 1//. ' - .. -r-- ~. 1 ~.I z '~1 fl GURE 150-A -6- TC- E3 I :1 j' I I I I I I I I .1 I I I I I I ,I I M. "1he lrolOrksit.e traffic cOntrol supervisor shall acnitOr the wxk to ensure 'that all the rocks, Jx:ulders, c:cnsttuetion debris, stockpiled materials, equiprent, ~:l.s &1d ether potential ha%ards are kept clear of the travelway. ~ items shall be storad in. a location, in so far ,as prcsctit:al, Wlere -they will not be subject to ii, vehicle running eff the read and sttiki.ng them. ~ 150.03 ~: A. ~ required for pr~ traffic c:cnt.tol during c::oostrueticn of the project. all existing guide, warning, and requlatcry signs shall be maintained by the Contractor in accordance \dth these Specificatims. Existing street mute signs shall. ~ mai.ntained at street intersecti.ons. All exi.st:ing illaninatea signs shall remain lighted and be maintained by the cattractcr. B. l'llen not .in use, all inappropriate traffic signs or partialS thereof shall be rem:ned, placed or covered l;o ~ net. to be visible to traffic. c. "!be ContractOr shall net rE!lICVe any existing signs and ~ without approval of the Engineer. All e;)(i.sting signs and supports ~ are to l:le renoved shall be stared anI! protected as direc1:ed by the Engineer, and ~Ie the property bf the DepartJIS'It unless ot:herwise specified in the ccntract d:x:mrenta. D. Terrporary guide, warning, or regulatar1' signs required to Jireet traffic: shall be furnished, installed, reused and maintained by the Contractor in ao:ordanc:e with the Ml1'IQ), the Plans, Special Provisicns, or as directed by the Engineer. '1hese sigrut shall remain the prcparty of t.ha Contractor. "!be bottan of all t~ra.ry signs shall be at least 7 feet above the level of pavertent edJe. E. Exist:ing special guide signs al the Pt"oject shall be maintained until conditionS require a change in lccatiC*'1 or: legeno Content. When , change is required, existing signs shall ~ lI'Cdified and cc:ntinued in use if the required nodification can be _de within existing sign borders using eesiqn requirements (legend. letter size, spacing, border, etc.) equal to that. of the ex.istini signs, or of SUb-Seetion 150.03.E.S.. Differing' legend designs fraY net. be mixed in the sane sign. .1. Special guide signs are those eJtpressway or freeMBY guide signs that are designed with a nesS8ge content (legend) 1:hat applies 'to a particular roac:tway loaatioo. ~ an existing special guioo sign is in conflict with ~k to be perfomed, the Ccntractar shall rE!'lrOVe the c:onflictil1g sign and reset it in a new. non-confliet.in9 lccatial which has been approved by 1;00 Engineer . 2. ~ SPEX:I.AL GUIDE: SIQS: ~ it is not fOSsible to utilize existing signs, either in place or relcx:ated, the Contractor shall furnish, erect, maintain, m::xlify, relocate, and rem::we new teapor~ special guide signs in accordance with the Plans or as direc::ted by the Engineer. -7- TL-f I I I I ,I I I I I ,I ! 'I .1 :1 I :1 'I I I I 3. All tenporarY overhead special guide siCJTl st,rUCt:UreS shall be llghtedas socn as erected and shall renain, lighted, during the hollrS of darkness, until the telJ'pCra1j' sign is no lcnger required. '}he ecntrector. shall notify the ~ ~y at least thirtY (30) days prior to desiring azmectial ~ the ~ scuree. 4. 'nle installation ofinew permanent ~i~ .guide signs and the peonanent m:xiificati=n or resetting of existing special c;uide signs, when included in the c;=ntracta, shall be accaIPllsheQ as soon as prae:tical to minimi%e the us. of tenporary special guide signs. ' All new permanent overhead special guicle signs shall be lighted as soon as erected. s. 'Tb~ary special' <;Uide signs, that, fl2Y be required in additial to. or a replacement for. exJsting expressway mld freewcJY (interstate) signs nust be designed And fabric:.a.ted in c:ent>llance with the mini.nurn requirements' for- gui8e signing contained in Part. 2E "Guide Signs Expressways" and Part 2F "Guide Siqns FreeftlaYS. of the KJ'l'CD, except that the ~ size of Ul letterS and nurrerals in the names of places. str~ and highways al all signs shall be 16 '.incheS Series "E" initial upper-case ano 12 i.nc:heS lo.wer~. All int,erstate shields on theSe signs shall be 48 incheS and 60 i.nclles for ~al and three-numeral rcuteS, respectively. AdQitionally, the exit road ~ or route shield shall be plaeed a'1 the exit gore sign. F. Posts for llll t.enporary (guide, warning, regulatory or 'special guil3e) sign installations shall be so ~ to yield ~ ~ to rai.nimi2e ha%arClS 'to IIQtCristS or be protected by t~rary traffic barrier or inpaet att.enUatOr. G. All t"Jd.sting, ~, and new permanent signs shall be installed so as to be caq?letely visible ~ar M advance distanee of at least 500 feet. Limbs, brush, coosuuction equiprent. and materials sm.U be k.ept clear of the Oriver's line cf sight to'the signs. H. All ccnstrueticn warning signs shali have two 18 inch x 18 inch fluorescent red-crange or orange-red warning ~9S ftDUrlted on ead1li1hm aisplayed during daylight hourS and a si..ngle direction Type "A" yellow flashing light lNhen displayed at ni~r including the project constrUction signs (G2D-l and G2G-2). warning signs shall be placed ahead of constroctial in acc:ordance with Part VI of the KrItD. All eonst.tUction warning signs en cli vided highways shall be Couble indicated (i .e.. en the left Md right sit:ieS of the roadway). I. '1be sequential or flashing arroW panels shall be placed en the shoUlOer at or near the point ~e the lane elosinq transitiat begins. '!be panels shall be rrounted on a vehic::l*, trailer, or other suitable support. vehiele IrOUnted panels shall be prC\tided with raD:Jte contrOls. Min.iJTum nounting height shall be 7 feet aboVe the roadway to the bottan of the panel, except CD vehicle II'OUllted panels which sha1ld be as high as practical. J. 1be ~le variable treSsage sir:Jn, when specified, shall be placed ahead of constrUCtion activities ~d will neat the requirerrents of section 632. -8- rc-/tJ v U I ... I I Q'" J,. ... . .. - . ...- -.. - - - - - I. I- I I I I I I I I I I I I I I I I I 'It. "!'he flashing, beaccn assesmly, ~ spec:llied, .is used in . 'c:a'1junctial with constrUCticn warning signs, nqulatory. or guide si,gns to :infC2:l!' traffic of sreci~' road canditionswbic:h require additional c3river at;t.entim and :c:auticm. ~ f] l!l..~inc; bea~ asseJZbly shall be installed in ~ With the ~ of ,section 647. 150.04 . PAVJ!MENr ~ A. GenerallY, full pattern pa~ markings in accorQanee with Sectial 652 and in eonfonnance with Sections 1A mld 3B of the MJlO) are required 01 all courses before the roadway is ~ to traffic. DI.1rln9 eQnSttucticn and DBintenance acti. viti-es d1 all highways cpm to traffic. both existing markings and znarkings a.pplied under this Seetioo shall be fully maintai.net3unti1 Final~. If i:he ~Veslel.t parkings are, or becare. unsatisfa.r::tCIY i.b the judgement of the Engineer dlJe to ~ , weathering, or construetim activities, theY shall be restored imredi8tely. '0:1 resurfcscing projects pavenent Jnarkings shall he provided 00 all surfae:es that are pl~ over ex:i.stin9 markings. Cl1 wiQening, r~m, 8J'ld new c:cnstmetion projectS, pavenent markings will be as reqWred by the Plans or the Engineer . B. MA1UIALS: All traffie stripin9 applleA under 'this Sectien shall be a It\i.n:iJmJm four inches in width end shall confont to the requi.retents of Section 652, except as toodified herein. Raised pavenent markers shall JIeet the requirerrents of Section 654. Markings (Xl the firial surface course which nust be rem:wed shall be a reocwable type. 1he Contractor lJill be permit.ted to use paint, t,he.rJrOplastie, or taPe en pavertent which is to be overlaid AS part. of the project, unless ot.herwiSe directed by the Engineer. partial (skip) refleet:.orizatic:n (Le., reflectOrirlng only a portion of a stripe) will not be allowed. c. uSAGE: '!he COntractor shall sequence his 1IlOrk in such a mmner as t.o allClll the installation of ~s iJ1 the final lane eanfiguratim at the earliest possible stage. In~1Ite or. conflicting ex:i.stiJlg pcave:nent markings slWl be rerroved. Except for final surface, markin9* m asphal~ concrete may be cbli tented by an o<Jerlay course, when approVed by the Engineer. ~en an asphaltic concrete overlay is pla~ fat the sole purpose of e1.irninatin9 conflicting markings and the in place asphaltic conc::rete sectial will allQ./. said overlay, will, be eligible for payrrent only if designated in the plans. Overlays to cblituate lineS will be paid for only a1Ce and further traffic shifts iJl the satre area will be acccrrplished with rencvable markings. Wy, the rni.niJm,mI asphaltic conc:rete thickneSS required to cover lines (generally 60 lbs./sq. yd. Asphaltic: concrete "H") will he allowed. EXcessive builCb.Ip will nat he pe.rmi 1;ted. ~ an overlay for the sole pUl:pOSe of e1.iminati.n9 c:onflic:::t.in9 markings is rot. illCAoled, the It\ilrkings no longer applicable shall be removed in accordance with Sub-Sectian 6S6.02. '!be elimination of conflicting pavenent markinc1S by gverpainting with paint or liquid asphalt is not acceptable. For highways q?en to traffie, n-arking rencval equiprent shall be present on the project for use iJmediately before any change in traffic -9- TC-// :1 Ir :1 I I ,I I ,I ;1 I I I I I 'I I I I I lane(s) aUgrment.' Mlen shifting of traffi.o necessiUteS rem=wal of centerli.nes, lane lines, or edge lines, all iuch tines 5hall be renoved prior 'to, during, or :i1mediate1y a:ft,er any change so es to present. the least interference with. t:raffi.c:. If mark:in9 renoval equiprent failures occur, 'the" equiptent shall be repa.:ire4 or %eplaoed (including leasin9 equiprent if, ~"c:c:ary), SO that ths ~ can' be ac:corp1ished withcUt Qe1ay. ~ Raised paveaent JDUkers (RfMs) are required as followsJ 1. en InterState and Interstate type tlighwaYS under Cc.nst.ruction, excludi.n9 projects consi.stin9 priInarily of asphalt resurfacing items, retro-reflective raised ~ markers (RPMS) shall be placed and/or ma.,intained m int~te pa"c:ftjglt't surfaces ~' to traffic as follows: 8. ~ lANE l:Tl~; 80 foot centerS CD skip 1inds with curw~ less than three de9ree5. 40 foot centers en solic1 lines and all lineS with r:;urvature between three degrees and six Clegrees. 20 fcx:rt: centerS al ~ CNftr six dt:grees. 20 foot centerS en lane ~itions or shifts. b. ~ MMP Gm LINES: 20 foot eenters, two each, placed side !:ly side. e. C1IHER LlNE'S= As shcMn en the plans or dUected by the Engineer. 2. Q1 other highways under c:onsUu=tion RFM5 shall be used aniVor naintained en intert1l:!diate paverent ~aoes as foll(1.1lS: a. SUPPLEMtl'c~ 1..ANE LINES ~ SOLID LINES: 40 foot centerS ~ C!\ lane shifts. (l'hm required in 'the Plans or prqosals.) 20 fcot centers a'1 lane shi!ts. (ReqUired in ill cases.) b. SU?~ txX1BLE SCLID inmss 40 foot centerS (ale each besioo each line) except en lane shifts. (fbm required in the Plans or prqa;,h:.) 20 foot centerS a1 lane shift!\. (l'equired in all cases.) RPMs are ~ allowed on ri9ht edge lines. -10" TC-/2 I , ' . I I I I I I I I I I I I I I I I I I o. ~CNS FCR SHCm'-~ MARKIN:;S: sate ~ceptiCIJS" to the tiD:e of placement Imd patte%:n of ,1IIarkings are permitted as noted belc..r, however,:full pattern F-.I=a~IL markings or'Ii required fer the Cl;I%pleted prgjeet. 1. l}Wj-LANE, ~ ~ a. SKIP LmES: All short-t:enn skip (broken) stripe shall confOIDl to Section 652 ~L thlt .stripes shall be at least four feet long with IS maxi.rru"D 9lIP of 36 feet. Q\ curves greater than six degrees, a twl:'-foot stripe with 8 ~m'q gap of 18 feet shall b! used. III lane shift areas skip lines will not te all~.' Solid lines will be required. Short t.eI:Taskip lines will be pemitteS for a period not to ~, 14 calenQar days. Short-tem ~ lines must be repl~ with markings in full catplianc* with Section 652 prior to ECCpi.ratiaa of ~ 14 calendar da1" pericXl. Tenporary raised pavement markerl; may be substi tut:ed for the shart teDn skip (broken) stripes.,' If raised pavem;mt markers are Substituted for the four foot. short tel:Jl\ skip stripe, five markers spaced at one foot inte%vals will be requ.ired. No separate payment will be made if the t.enporary raised pavanent markers are substi1:ute4 fQr short term skip lines. Terrporary raised pavement snarksrs shall be retro-reflective, sha1.l be the sane color as tl1e pavement markers for which they are substituted, and shall be visible ciI.1ring daytine. '!be type of teftporary marker ana net:hod of att..adment to the pa'\'QUiilut. nust be lIf'Fgyed by the Office of Materials and Research but in l'lO case will the markers be attached by t.M use of nails. '7be tenporary raised pavement markers Ill1St be mai.ntained until the full paverent markings are applied. At the ti:ne full paverrent markings are Applied the tenporary ra:i.sed markers shall be rem:JVed in a JtIanner that will not interfere with application of the full pitverent markings. b. 00 PASS~ ~I M1 bo-passin9 zone markings shall be marked c3aily and confcmn to section 652 and in accordance with Sections 3A ana 3B of the Mmrn. H~, (It ~lane, ~ roadways for periods hot to exceed three calendar days where skip centerlines are in place, nO""'po1l!ssing zalCS rray be identified by usinq ~ or portable ucunted "00 1C1' PASS" regulatory signs (R4-1 2." x 30") at the beginning and at. interVals not to' exceer3 l~ mile within each no-passing, zone, with a post or port.able m:::>UIlted "PASS WI'.IH CARE" regulat:.my sign (R4-2 24. * 30. ) at the end of each no--passing 2cne. Post tn:lU!\ted si9J1S shall be. placed in accorQanl::e with the K1I'CD. Portable 'signs nust have a minbtdt vertical height of three feet aOOve the pavenent surface to the 1:xJttcm of the sign and be secured in such a manner as to not be easily bl~ over or misaliqnec1. -11- TC'~/3 ,I I I I I I I :1 ,I 'I I I I I I I I ,I ,I I e. ~.mFSt Edgelines will not be required en intenDediate surfaees that are in use for a period of less than 30 c:a1endar days except. at liridge approadJes, C8'l lane transitions, ..l~ shifts. and in such c;Jther areas as, detenni.ned bY the Engineer. c:n final surfaces, edge.1ines will not. '.be required al a daily basis, but they shall be pl~ within 14 calendar Cays of the tiJre that the surface was p]~. . dL ' MIS:E:LLANEnlS PAVEME1n' M.1\RK]N;S: School Za1e$, railroads, stcpbars, symbols, tom'd* and etc. shall '):)e pl~ m final surfaces eonfODlling to Section 652 within 14 calendar days of cacpleti.a1 of the final" surface. em intemediate surfaces these' markihgs will generally net be required unless specified by the Ehqineer beceuse of special c::cnc:1itiau; or when the in+'...~i ate surf~ wUl. be in use for lICre than 45 c::a.lendar days. 2. MULTI -LANE HIGHWAYS a. Cent:erlines and No-Passing Ban"ier - Full pattern r;:enterli.nes and no-passinq barrierS shall be restored before nightfall. b. Lanelines - Short-term skip (broken) strit;e as c3esc:ribed in SUb-Sectian 150.04.D.l.a. may tie used for periods net to exceed three ealendar days. c. EOgel.ines - Ed;elines shall be pUsced en intel:mediate and final surfaces within three calender days of obliteration. 0. Misc:e11aneros pavenent Markirtgs - Saae as SUb-secticn 150.04.D.l.d. 3. LIMrml ~~~ ~s ANI) ~S wrm PAVED SHCm,TmPJ; GRFAmR '!BAN FOOR FEE:!' a. sane as SUb-Secticrl 150.04.D.2. b. Edgelines - Edgelines shall be placed en inteDlledi.~te and final surfaces prior to qeni.ng to u~fl.c. E. APPLlCATICN OF 'llW'FIC smIPES: 1he Contractor shall furni.sh layout, clean as necessary. and pre.1ine tM surface for the plac.i!!fnent of pavement markin99 applied unOer this Seetion. All existing marking tape en final surfaces shall be r~ prior to pl~ of final markings. E>cisti.ng No-Passing ZoneS !rUSt be clearly c3esignat.eCl - to loeatic:o prior to const.xu:ticn in order that theY may be reestablished for marking purposes. ~ projects \Where eitJler hori~a1tal or vertical aligments have been modified, the lo:atic::d of No-Passing zones will be identified by the Engineer. , ' -12- TC'-Ic7 . . I . I I I I I I I I I I I I I I I I I I ~ l'A1en traffic Stripes (c:enterlines, lane lines, and edge lines) are afPlied .in continucus operation by m::winq vehicleS and equipnent, 'the following m:ininun warning devices shall be required. 1. 'lbe lead vehicle shall have ~ approved sequential ar flashing 8rrcM panel !rCI.mted so a!i ~.o be easily visible to atc:aui..nq traffic. (Required for centerline aajac:ent to ~iflCJ traffic. ) 2. "nle vehicle apply.ing the st:rlpe shall have a sequential or flashing arro.i panel. and shall follOw directly behind the lead vehicle.. lSO.OS 3.. '!be vehicle. putting art. , the c::tneS shall follow direetly behind the stripe applying vehicle and shall have an approved sequential or flashing arrow panel. In addition, for nultilane highways, the vehicle shall also dispiay a prcminent .sign widl the legend "PASS rn lUl' (lUGEr)". 4. All vehicles shall be equipped with the official slow ncving vehicle syui:lol sign. ~a:I DEVIQ'S A. For this Section, the t:eDn barricads shall be deared to Dean a Type I or Type II barricade or vertical ~el that .has a mi.niDI.1m of 270 square inc:hes of reflective Clre2l facing traffic: or striped cin1m as specified by the .Ml1ltJ).' Except as noted in, the c:cntract docunents, the Contractor has tile qd.cn to sel~ the ~ barricade used provided that .barricades of the smre type are used within eac:h individual line of eh.anneli%aticn. ~ arums will not be alltwd as c:hanneJ.izat.i devices. Channelization devices with plaeen-ent cd specified in SUb-Sections 150.05 and 150.06 or plans, or precast concrete barrier, if specified, shall delineate the full length of . is lane closure, shift, or eru;:road'ment. Barricades are required far nightt.iJxe lane closures" shifts, or enc:roaclments and shall have steady burni.n9 lights. ~ condi tians warrant l!J.nd the Contractor e:hooses to cease barricade lighting, it is unacceptable to allow any barricades within a line of de.lineaticn to remain lighted. Far longitudinal c:hannelizatial ooly. fl ucrescent orange traffic cones (28 i.ncbes m.inimlm height) will be allowed for daylight. closures cr shiftS. ~ barric&aes, as specified, will be required for all tapers. When the apprcpriate signs are posted advising of conditions such as soft or l~ shoulders, channe1i.zation devices may be rencved e.fter shoulders are to typical sectica and grassed and 4Uter guardrail e2r ether safety devices have been installed. ~. Q1a.nne1i.zation devices shall be spaced as listed belCM for various roaQside work conlll tions or as rrodified by SUb-Secti.al ISO. 06. SpAeing shall be used for situatioos peetj,ng' any of the conditioos listed M follows: 1. SO ro:rr SPACm:;~: Requires steady bum lights if conditions exist overnight. -13- TC'-IS- '" I -l I I 'I ,I :1 'I I I I I I I I I I ;1 I . &. For differenee .in elevaticn ext:eeding two inches. b. For healed sections no st~t" than 4 :1 as shown in ~on ~50.06, Figure ~S(K:. 2. 100 RXn'. SPACIN; MAXI!D!: Requ.i.res steady bum lights if . conditia'lS ~ CYemight. &. For aifference in elevatial ot. tlrlO inches or less. b. Flush areas ~ equip1ent or workers are within ten feet of the t::raVel lane. 3. 200 FCX11' SP~ MAXIMtJo1: l'Iler* eqwpuant or ~kers are 1b:lr8 'than 10 feet f:ran' travel lane. Lateral offset clearance to be four feet :fran the travel lane and ctoes net require steaay bUm lights . a. Far paved areas eight feet or' greater in width that are paved flush with a standard width travel lane. b. For disturbed shoulder areaS 1~ ea'lPleted to typieal sec:ti.cn 'that are f~ush to the travel lane and considered a usable shaul ae.r . 4 . TAANSrrIOO TAPERS AND lANE Q.OStJ1\ES: '!tie mi.niJmJm length of the ~roaeh tran,si tion taper far a lane closure, shift, or ericroac:ment for hi~ys with posted speed of 4S Dph or greater shall be equal to 'the lane width of lateral shift (Ft) x t.he posted speed limit (~h), (L = WS), tbt not less than 150 feet. Far nultiple lane closures, only c:ne lime may be closed per taper with a m:in.imum tangent:. length of 2L beb,1een tapers. 'nle length of a closed lane, excluding the transitic:ta taper, will ~ limited to two miles, unless other\dse approveCl ex directed by the ~qi.neer. Barricades shall ba placed the full lehqth of the taper ~ at rnaxi.JmJm interVals in feet equal to the numerical speed limit. (EXAMPLEI .55 ~h Speed Limit = 55 feet ll'aX.iJmJn Spaci ng) . t3arrlcades with steaQy burning lights are '. ~ if the condition exists into the night. For taper lengths on urban, residential or other streets where the postea speed is 40 nph or less, t:he m:i.niJm,ub length of 'the ~ transitic::n taper may be cc::JtP.Ited using' the fcmrula L .. liS /60. Greater taper length shall be used ~ required fa.- indivic1ual si:tuatialS . s. PRECASI' ~ BA..~; When precast concrete barrier is used. steady burning lights at SG-fcot:. spacing shall be placed en tq> of the barrier when the bal:rier U. loeated eight:. feet or less fran a travel lane. ~ precast cohcrete barrier is used in a 1Tedian or other area \otri.ch is inacees_ible for mrlntenance wit:holt int.erference to traffic f1~, 12- x 36" vertical panels IN!rj be used in lieu of steady burning ligh~. ~en the barrier wall is located fran eight. to 20 feet fran the travel lane, U" x 36" vertical panels shall be placed at SO.foot maxinum intervals.. -14. TC-/{, I , I I I 'I I ,I I I I I I I I I I I I I ~oad1 end of precast c::cncrete bart'ier shall be fl"ed or prcteeted by an ~ attenuator (t:raSh cushion) or other .approved tre.:&Lwant..in eccorc3ance with cia. Std. 4960. ~ Datai1.s and st~,.,~rd Specificat1gnS. On int,erstate or other ~t:rolleO ~ss highways where lane shifts or crossovers cause q:::posing ~affic to be separated by ;Less ~ <GO ft., precast. CX4Lrete battier shall be used as a separator . 150_06 DCAVATICN mDlCE'1ll' m A 'lRAVEL U,NE:: ~al \llCt"k involv:in9 trene:hing adjacent to a travel way shall not begin until the Contractor is able to ccntinuously place the required typical sectial to within 1;w:) inches of the erl.sting ~venent e1evatitm, or heal the remaining difference in el~tian to the traveled way As shcJWn in Detai11S0-C. O1annelizatitrl devices and placenent Cluring the canstr\1etim pericd shall confonn to the requiretmnts of Sub-gection 150. OS and Details lSo-B, l.5D-C, ~ 150-0 shown herein. In addition. to the signs specified in Secticil lSO and the Ml1rt:D, a H-20 sign with the leqend "(LEFl') (RIGBT) LANE ~. with ~ flags shall be kept just off the paving edge anc1 500 ft. upstream of 'the point where c:hannel.i%atial' derices are erected a'1 the paving ec3ga. A. srooE~,!:OIL ~ 2ASES, AND !:OIL BASESt Ol:q>-affs in elevatioo of =re than. two incheS bet;l.1eeh surfsces carrying · or adjacent to, traffic will not be allowed for DCre than 24 }o:S. ~, lllhere the Cc:::ntractor hasdertl:t1StrateO the ebUity 1:.0 continuously exr:avate zmQ backfill in a pt'oficient manner, a single length of E!XCavated area not to exceed 1000 ft. rra.y be left q:en as a start up area for periods not to exceed 48 lnJrs. B. ASPHALT BASES,IBINDERS: Orcp-offs in 6levatial of DDI'e than tw) inehes between sudaces carrying, or adjacdnt to traffic will not be a11~ for JIX)I'e than 48 hours. c. FCJRTr..m) CEMEm' CCH:RE!E AND CfJobn' Sl'ABlLIzm BASES: ConstrUCtion "-'OrK adj acent to the travele~ way which invgl ves 'theSe types of bases will not l:le healec1 provicSed the Contract.c;1r pursues plac:ing the pavement as SCXI1 as the c:urin9 period is catplet:ed. During the placerent period, traffic: ccctrol aevlc::es will be .in aocoraance with SUb-Sectic:n lSO.05 and Detail lSD-a. ' D. mSCE:L.UNEIXJS EXCA\OO'IOOS CR DRCJP-OFrs mDlCE'1ll' '10 '1RAVELWAYs W:n"k such as draina9'e stl:'\,1CtUres, utility flcilities. or any other W;)1ic which results in a drq>-eff adjacent U the travelway shall be perfonreO expeditiously so as to mi.nimi:ze the exposure to the hazard. As soon as practical, the ~avation shall be baekfilled to the mi.n.inIUIn requirerents of Detail lSO-C. In no case will the drop-off, be allowed to ,exist tn:)re than five calendar days. 1his may require stage constructicn, such as plating and backfilUbg the incatplete 1NOrk. -15- TC'-/'7 I I I I I I I I I I I I I I I I I I I . Locition of barricade while dro~.off exceeds 4 inches NOTE: Vertical Panels 8 reauired forth1$ location, 5plced at 50 ft. intervals. -~ NEll COtlSTRUCTI orr ---------1 ----------1- . I.... m VEL WE r II t--- DROP-OFF GREATER THAN 4.JNCKES FIGURE 150-8 -16- TC'-/8 .. : I. I: :1 :1. :1 ,I :1 ;1 , ;1 , :1 I :1 ,I il ~I :1 \1 ,I. I ,0 Compacted vraded aggregate. subbase material or dirt. 8 NEW CONSTRUCTlDN '" , -1 Location of barricade immediately after co$pletion of healed section, spaced .t" 50 ft. intervals. . '. ~ .... ..... ..- ~ ~ -- ....- - ~ ------~--~ TRAVEL LArf[ . -r HEALED SEen ON fIGURE 150-C' Location of barricade ",hile . drop-off is 4 inches or less $p.ced It 50 ft. intervals. 8 HEll CONSTRUCTIOrl NOTE: After paving to within 2 inches of the travel lane elevation, move barric'des to I point 4 feet from the edge of the trlvel way. SteadY burn lights ~y be removed Ind spacing increlsea to 100 ft. intervals. -----"--'- --~ ---------~ . TRAnL LANE I " DROP-OFF OF 4 INCHES at LESS FI GURE 150-D .17. TC'-/'1 I : ' I I I I I I I I I I I I I I I I ;1 , :1 JSO.D1 ~ ld) PlID1' ORS: A. F1a~ shall.be providec1 os reqdU"ed to handle traffic, as, specified in the paris or Spec:i.al P.rcvi.si.cmS, and p required by 'the Engj ~. - - B. All flaggers shall meet the requirE!l\'lent of Part 6F of the MC'1'a) and JWSt have recei.vec3 ttaining ~ a csrtificate upon CtltPletial of the training :frt:Jn a Departlre11t epproved training program. Failure 1:0 proviCle certified flaggers as requixed ab'e shall be reasCl'l far the lngineer suspending ~k involving the fillgger( s) until the Cantraet.er prDViaes tiE certified flagger (5) · c. Fl.,ggers shall wear ., fluoreseent 'orange cap or hat, and a fluorescent cr:ange vest. shirt, ar j~, and shall use ~ step/Slew paddle ueet.in9 the z:equirensnts gf Seet.ion 6F-2 of the MJ'I'C) for cont:ro11ing traffic. ~ Stq>/Sl04 ~. shall have a shaft length of six (6) feet mi..n.imum. In additian to t.1* stq:l/S10" paddle, a flagger way use a 24 indl square red/orange flail as an additional deviee to attract attention. Fer night ~k, the \lest. shall have reflec:torizecl stripes on front m'ld bac::k. D. Pilot vehicles shall l:le prcvic.'led it ~ied in the Plans or SpeCifications ana neat 'the requirarents bf part. 6F-9 of the MO'l'CD. E. Signs far fla~ 'traffic eontrcl shall be placeC. in advan:e of the fla~ging operatim in accordance with the MD1Ol. In additiCt\ to the signs required by the MlJ'ItD, signs at requ.lar in~s, warning of 'the presenoe of the flagger shall be placed beygnd the point where triliic can rel!Sonahly be exopected to Step unaer the srost severe ecnditic:ns far ~ day's work. 150..08 ~: 'n1e safe passage of u-affic 'through an.c:t around the work zone. while minimiz.i.n9 con:fu.sion ~d ..disruption 1:.0 _ traffic flow, shsll nave pricri~ over all other CaltraetoI" ~Vities. continueCl failure of the centtactor 'to CCI"lPly with the r~ltI'rents of Seeticm 150 (TRAFFIC CCNI'RCL) will result in ngn-refunCable t\2ductians of lI'CIlies ttaft the contra-"'"t as s~ in this Sub-$ecticn fot non--performaJ')l:8 of Work. Failure of the Contract<<' to ecrrplywith this Specifieation shall be reason' for ~ ~9ineer suspendi..ng ill other ~K at the Project., except erosion control aIlQ traffic contrOl, taldng corrective action as specified in Sub-SectiCl'1 105.15, end/or withholding payrrent of ucnies due the COntractor for any work a1 the Project until traffic ealtrol deficiencies are corrected. 'JbeSe othet ac:tims shall be in, addit.icn 'to the deductitDS for non-perfonnance of traffic c:cntml. -18- -rC-LO . : I · : II , :1 ;1 I :1 :1 I ,I I I I I I I :1 I I ;1 ::;U';~ 1.11' oF. (2' utJ. I "I J.CR) !tB E1tC! c::N:.I!H)AR CAr CE JJ1!:FIClDCIES CF . ~~~MD{t8~ auGlNAL mrAL aNIWCl' JM:XNl' ft'CID M:are '1hzm ~ and ~udi.(ag : baiJ,y Olarge $ D 100,000 1,000,000 5,000,000 20,000,000 40,000,000 . $ 100,000 1,000,000 5,000,000 20,000,000 40,000,000 $ 100 250 SOD 750 1,000 1,500 150.09 ~: A. ~C' aNmOL: It\hen listed as a pay iten in 'the ~~, payment will be made at the LlMp S\n price bid, which will include all traff.ie c:cntro1 not paid for separately, abd will be paid as follo..'S: When the first Calstnx:tia'l Report is sulnitted, a ~yuent of ten (lO) pereent of the LUlIP SUm priefJ will be made. For each progress payrrent tilereafter. the PrQjeet percent eatplete shDom en the last P"Y statement plus tan (10) percent ldll be paid (less previOlS payrrents) !'lOt. to exr::eed at'! hundred (100) percent. and suDje:t to no:cnal retainage. When nQ payment iten for Traffic 0:ntr01 L\Jrl'p 5\ml is ~ in the PrqxJsal, all of the requirarents of gectitn 150 and the 'lraffi.c Control Plan shall be in full force and effect. The cost of catplying with these requirenents will not be paid for !Separately, but shall be ineluded in the overall bid sul:nitted. B. SIGNS: ~ shOoll1 as a pay item in the Proposal, t.enporary special guide signs will be paid for as listeQ :be1CM. All ather requlatcry, waxning. and guide signs, as ~equ.Ued by the Contract, will be paid for under Traffic: COntrol LUlp &am or included in the c:werall bid suanitted. 1. 'terrporary ground IIO\,Irlted or t~ary overhead special guide signs will be rreasured for paynent by the square fQOt. nus paynent shall be full catpensatiat for furnishi..ng the signs, including ~ as required, ertlCting, illuminating overhead signs, maintai.ning, rern:::Ning, ~e-ereCt.i.ng, and final rem:nal fran the Project. paynent will be snade cnly one tins regardless of,1:he nunber of noves required. 2. RE!rOW and reset existing special guide sisns, ground JTJXDlt or overhead, cO'1plete, in place, will be rreasured for pa}ltnellt per each. paytrent will be made only ooe time resardless of the number of noves required. -rC-2/ -19- I I I I I I I I I I I I I I I I I ,I I , ' 3. M:ldi.fy special gui&= signs, grouna JnOWlt or overhead, will be neasured for ~ by the"square f~. ~ area ueasured for paystent shall :incluCle only 'that p6rtion of the sign noctified.. paysnent shall inClude materials, rem::J\r~ fran posts or supfOrtS when necessary,. and rem:xmt.ing as required. C. PRErAS'1' MEDIAN 2ARRIER: ~ PreCaSt MedUm Barrier will be J1'ea.SUIed es sr-;~ied in sectial 622. D. VNltABLE MESS1lGE SIGN, PORTABLE: variable Mf!SSlIg- Sign, ~le will be neasureCI as specified in SeCticn 632. E. ~ GOARDRAIL ~, "m'S 91 Te!rIporary Guardrail Anehorager Type' 9 will be neasu:red M specified in sectial 641. F.. 'rnA:""'FIC SI~ INSTAUATIQq - ~:' "!rzIffi.c Signal. Installation - ~ will be lrea.SUX'ed as specified in seetial 647. G. ~ BEACC.N ASSEMSLY: Flashing BeaCOn AssarbUes will be neasured as specified in Sectic:n 647. B. TEM?OAARY, SAND LONJED ATl'ENUA'IDR M:dJLE:s: Terporary Sand Loaded Attenutor ~es wi.ll be ueasured mJ specified in Sec:ticm ].So. I. PAVEMENl'~: p~~ mar)c;1ngs will be ueasured, as specified in Seeticn 150. 150.10 p~ When shI=Mn in the SChedule of Items in the pt~, the folloring iterS will be paid for separately. Item No. 150. ~affie ~..........................~...........Lump SUm It:em No. 150. Traffic: control, Solid !traffic stripe Inch. (Color) .. ................................ _,.............per Unear Mile Item NO. lSO. Traffic COntrol, Skip 'fi'affic ~ Inch, (Color) ..............................................per Linear ~e Item No. 150. Traffic Control, Solid Traffic stripe, '1'her:nq11ast.ic I..nCtl, (Coler)........ _.. .'.. _............... -....per :Lirlear Mile ltatI No. 150. Traffic Control, Skip Traffic stripe, 'lbe%mJplastic Ineh, (Color). .'.................. ..............per Linear l'1ile Item No. 1.50. Traffic Symbols............._...-......~...........~..~ Square Foot COntnU , p~ Markings, words and ltero NO. 150. 'fraffic ~f1~~...........................................per Each Cont:.rcl, paverent J.J:rrN with Rai~ Ite1\ No. !SO. Traffic Control, Raised pawsrent Markers-All Types...per Each -20" 7C-ZZ 4 I I ) I 'I I I I I I I I I I I I I I I I I ftlhen required for traffic control the follawiJ1g itemS shall be paid for separately under their respeeti va pay item. It.em No. 150. 7enp Grcund lbmted SpeCial Guide Signs........... per Square Foot Item No. 150. Tenp OVerhead Spee;!.al Guide Slgn.g..............per SqUare Foot -, Item No. 150. ~ & Reset E:lcisting sr--ia1 <iUae Signs, Grolmd fobmt, ~lete in P1aee."....;................}Jar !a.d1 Item No. 150. Retcve & Reset Existing Special chide Signs, ~, Complete in Plaoe..........................per Each Item No. ISO. 'rraffic c:cntrol, '1'enp:n'aIY Sand Loaded Attenuator ~es...._..-.........-..._._......................per EacP lten No. 150. Traffic eontrol, Pave1"leI1t HarkerS, W::1rds and SyI\t)Ols......... ............................................~.per sqpare FOot Item No. 150. Traffic Control, Pavgi&lt. Ah'ow(painted) With Raised. Reflectors..~...................,....................per Each Item NO. J.50. M:xlify Special Guide Sign, Gr~ M:Amt.......per Square Foot. Item No. 150. MXll.fy Spec;ial Guide Sign, Querhead.............per separe Foot Item No. 622. Precast Conc:rete ~an Barrier............... per ~ Foot Item No. 632. va:d.able Message Sign, Portable.............................per Each Itern No. 64 L 'l'eJri:'Orary Guardrail. Ancllorage, ~ g............ .. ..per Each Item No. 647. Traffic Signal Installation, '1'a1P....................L\mp SUm Item No. 647. Flashin9 Bea~on Assenbly, Strud:11re !'bunted..........per Each Item No. 647. Fla.sh.i.ng Beacon Assenbly, Cable Supported............per Each ...21- TC-Z-3 I I I I I , I I I I I I I I I I I I I I I Revision: May l~ 1994 DEPARTMENT OF TRANSPORTATION STATE O~ GEORGIA SPECIAL PROVISION SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO ~E PUBLIC ~ODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS DELETE SUB.SECTION 107.23 AS WRITTEN AND SUBSTITUTE THE FOLLOWING: 107.23 ENVIRONMENTAL CONSIDERATIONS: Al~ environm~ntal considerations and clearances shall be the responsibility of the County or municipality to meet, including the requirements of Section 404 of the Clean Water Act (33 USC 1344). ).f:~r July 1, 1991, State funded projects must comply with the requirements of Ch&!rter 16 of Title '.2 of the Of:icial Co!:!e ~')f Georgia Annotated, the Geo:-giCi Environmental Polic)' Act (GEPA), of 199i. In compliance with GEPA, ~~ose projects for Hhich Federal funding is so~ght, and NEPA, cOiApliance is accomplished, are exempt fro~ the requirements of GEPA. C~?A requires that environment~l documentation be accomplished for County or City projects if more than 50, percent of the total project cost 1s funded by a grant of a State Agency or a grant of more than $250,000 is made by the State Agency to the municipality or Coun':y. The "responsible official of the government agency shall determine if a proposed governmental Ac':ion is a proposed governmental action which may significantly adversely' affect the quality of the environment". ..... mE FOLL05lING PROJ'ECTS WOULD NOT SIGNIFICANTLY ADVERSELY AP'P'ECT. THE QOALITY OF 'IHE ENVIRONMENT: N~n-land disturbi'\g activities and minor land disturbinJt activities ",hich would not be, anticipated to significantly adversely affect the quality of the environment include the following list. These types of projects funded with state money "'ould not be cubject to environmental assessment of any kind. Hearing procedures outlined in GEPA would not be applicable. 1. Minor roadway 2nd non-historic bridge projects. a. Moderni%a~ion of an existing high",.y by resurfacing, restoration, rehabil~tation, adding shoulders, Widening a single lane or lUJ in each direction, and the addition of a median within previously disturbed existing right-of-way. b. Adding auxiliary lanes for localized purposes (weaVing, climbing, speed changes, etc.), and correcting substandard curves and intersections "'ithin previously dist~rbed existing rig~t-of- "'ay. c. Non-historic bridge replacement projects in existing alignment with no detour bridge. /J() r- / 2~ Lighting, signing, pavement marking, signalization, freeway surveillance and control systems, and railroad protective devices. 3. Safety projects such as grooving, glare screen, safety barriers, energy attenuators, median'bapriers, etc. I I I, 1 B. I I I I I II I I I I I I 4. Highway landscaping and landscape modification, rest area projects and truck weigh stations within previously disturbed existing right- of way. 5. Construction of bus shelters and bay~ within existi?g right-of-~ay. 6. iemporary replacement of a highway facility which is commenced immediately after the occurrence of a natural disaster or catastrophic failure to restore t~e highwaY,for the health, welfare, and safety of the public. THE FOLLOWING PRO.TECTS KAY NOT SIGNIFICANTLY ADVERSELY AFFECT '1'BE Q1;1ALITY OF -rm: ENVIRONMENT: For projects vhich vill cause land disturbiince and for vhich there is no anticipation that the project may significantly adversely affect the quality of the environment. certain studies vill be undertaken. ihese stud ies would serve to document vhether or not the County or municipality should anticipate that a project might significantly adversely affect the quality of the environment. Documentation of the studies vill be accomplished through he use of the t1GEPA Investigation Studies" checklist. ihe types of project which vould fall under the category would include: 1. Bridge replacement project on new location or with a detour bridge, where there are no significant adverse impacts to historic or ....-.~'a:ogicai. "T'e'SWu.~S, ~o 1nVOlvemen~ 'with 7e!era1.1.y 11:sted threatened and endan~~r.." .,,,..,.4... ....~ .... ..l__' ~l_._. ...1_____ 1_____ ._".--"---..--- -..- .-.0..------ ------- --r....... to vetlands. 2. Passing lanes. median additions and widening' projects, where there are no significant adverse impacts to historic or archaeological resources. no involvement with Federally listed threatened and endangered species and no significant adverse impact to wetlands. 3. Safety and intersection improvements where there are no significant adverse impacts to historic or archaeological resources. no involvement with Federally listed threatened and endangered speci!s and no significant adverse impact to wetlands. .. 4. Rest area projects and truck weight stations with no purchase of additional right-of-way. 5. New location projects where there are no significant adverse ~mpacts to historic or archaeological resources, no involvement with Federally listed threatened and endangered species and no significant adverse impact to vet lands. ' ])07- z.. I I I I I I I I I I I I I I I I I I I I I '. If studies demonstrate that the project will not significantly adversely" affect the quality of the environment, project files will be documented. If studies demonstrate that the project may significantly adversely affect the quality of the envirpnment. development of an environmental effects report (EER) will be undertaken along with full CEPA compliance. . c. THE FOLLOWING PRO.1ECTS KAY SIGNIFICANTLY ADVERSELY AFFECT THE QUALITY OF THE ENVIRONHENT, This category of project may include major widening and new location projects. If such projects result in a significant adverse effect. an EER shall be prepared. D. E!R PROCEDURE: GEPA calls for cons iderat ion of the "cumulative effftct of the proposed government actions on the environment....if a series of proposed government actions are related either geographically or as logicat parts in a chain of contemplated actions". Therefore, EER's for sections of roadways to be t.ridened or built as new location facilities ""ill include all projects which are ,connected geographically or as logical parts in a chain of contemplated actions. 1. During preparation of an environmental effect report. the County or municipality ""ill co?sult with and solicit comments from agencies which have jurisdiction by law. special expertise. or other interest with respect to environmental impacts. 2. In compliance ""ith GEPA the following shall be contained in the EER. at a minimum: a. Cover sheet; .... .-. .~==w:~;;eo 7"Ou.A.'-_7t c. Alternatives. including the no.build; d. Relevant environmental setting; Geology, 80ill, vater supply and vetlands, flord fauna. archaeOlogY/history, economic environment. energy, cultural resources. e. The environmental impact of the proposed action of the relevant setting and mitigation measures proposed to avoid or minimize adverse impact; f. Unavoidable adverse environmental effects. g. Value of short-term uses of the environment and maintenance. and enhancement of its long-term value; h. Beneficial aspects. both long term and short term and its economic advantages and disadvantages; 1. Comments of agencies which have jurisdiction by law, special expertise, or other interest with respect to any p.n~ironmental impact or resource; DO ,7-3 I I I I I I I I I I I I I I I I I I I . 9. 3. At' least 4S days prior \.1i th the undertaking, in which the proposed to occur notice that prepared"~ . to making a decision as to whether to proceed publish in the "legal organ of each county governmental ac,tion or any part thereof 1s an ~nvironmental effects report has been 4. The County or municipality shall send a copy of the EER and all other comments to the Director, EPD. 5. The County or municipality shall make the document available to the public and agencies, upon request. 6. A public hearing will be held ir. each affected county if .:i; least 100 residents of the State of Georgia request on within 30 days of publication in the legal organ of an affected county. The responsible official or his designee may hold a public hearing if less than 100 requests are received. (The County or municipalit}. is not relieved of other State legal requirements of publi~ hearings, hO\olever. J 7. :0110\ol1ng the public notice period and/or public hearing a SUDmlar)' of the document, comments received anc recommendation as to whether to' proceed with the action as originally prepared, to proceed with changes, or not to proceed will be prepared (Notice of Decision). 8. 'Ihis deds ion document, when signed by the responsible official, '1.1111 be sent to the Director, EPD, and an abbreviated notice of the decis ion ",i 11 be published in the legal organ of each county in ",hich the proposed governmental action or any part thereof is to occur. A copy of the decision document, the EER, and public hearing comments (i'f anv) \.1ill be sent to the DEPARniENT OF TRANSPORTATION, OFFICE OF ENVIRONMENT AND LOCATION and the DEPARTMENT OF ~KtUlAL ~SOURSES, t.r;.vii\u~nt.}iIAi. r~v~i:~v" r,~;-~:; ~ON 'icH. ~t.~~.. 'f;' ~.... DEPARTMENT OF TRANSPORTATION .OFFICE OF ENVIRONMENT AND LOCATION . 3993 AVIATION CIRCLE ATLANTA, GEORGIA 30336 DEPARTMENT OF NATURAL RESOURSES ENVIRONMENTAL PROTECTION DIVISION 205 BUTLER STREET, SE SUITE 1152 ATLANTA, GEORGIA 30334 Any mitigation measures identified in the EER will be incorporated into the final project plans. Office of State Aid ])07-4- I I I I I I I I I I I I I 'I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION 108178SP FIRST USE 1993 SPECIFICATIONS JUL Y 1, 1993 SECTION 108 - PROSECUTION AND PROGRESS MODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS FOR THIS PROJECT, THE PROG~ESS SCHEDULE REQUIRED BY ARTICLE 108.03, NEED NOT BE SUBMITTED. Do -r:-s l l , I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION 161289SP FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 REVISED: NOVEMBER 6, 1995 SECTION 161 - CONTROL OF SOIL EROSION AND SEDIMENTATION MODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS RETAIN AS WRITTEN AND ADD THE FOLLOWING: ALL EROSION CONTROL ITEMS NOT COVERED ELSEWHERE IN THIS CONTRACT SHALL BE THE RESPONSIBILITY OF THE COUNTY OR CITY TO MEET THE REQUIREMENTS OF CHAPTER 7 OF TITLE 12 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, THE EROSION AND SEDIMENTATION ACT Or 1975, AS CURRENTLY AMENDED. I po7=-{, I I I I I I I I I I I I I I I I I I I 300284SP DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICATIONS JU L Y 1, 1 9 9 3 SECTION 300 - WAIVE FINE GRADER MODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS FOR THIS PROJECT A FINE GRADER AS SPECIFIED IN ARTICLE 300.03.H. WILL NOT BE REQUIRED. I I , i \ I i I I I \ j)O 7: 7 I I I I I I I PAGE SECTION I 081 109 I 125 171 I 133 201 I 143 206 I ..~ ..~ I 260 400 I 271 402 I 294 424 I 294 424 I I I / l June 8, 1993 First Use: July 1, 1993 Revised: December 9, 1993 DEPAR'llmNT OF TRANSPORTATION STATE OF GmRGIA SOPPLF2mNTAL SP~IFICATION K>DIFICATION TO 1993 SP~IFICATIONS 1993 STANDARD SP~IFICATIONS EDITORIAL CO~IONS CORROCTION Sub-Section 109.08.B, Line 11, change reference to GA State Law from "Section 20-1408 of the code of Georgia of 1933" to "Section 13-6-13 of The Official Code of Georgia Annotated. " 171.02 Table. Under Type "C" change tensile strength for warp from 120 to 260. 201.03 The second, third and fourth paragraphs are out of place and should be moved to Sub-Section 201.02.E.3. Change Sub-Section 206.04.A to 206.03.A. Mia smiiu -letter .a.. ':....eid're~tiC.l)1-'P-ffU~fit :~. J.l?UT7T.~ 1.l7T'\ Dl.~~ -. ---- .-- - --- ----- .. In Table 400.07.A.2. line 3 of hea~ing, change the word "Surface" to "Subsurface." Paragraph one, line 3, change the word · contracted" to "contacted." , In Table 1 under Double Surface Treatment Stone Size 7 and 89, change application rate for first application of RS-2h, CRS-2h, CRS-3 (CBAE 2 or 3) from ".30-.32" to ".20-.32." In Table 1, delete the Total Stone spread rate of .48-.68 as shown for Double Surface Treatment Stone Size 7 and 89. 1 D (/7- e I I I I I I I I I I I I I I I I I I I PAGE ~ON 302 427 318 430 328 430 329 430 332 430 356 440 380 &: 381 450 ~n. ~".r" '--. 387 452 546 520 587 535 589 535 vi&614 551 643 581 June 8, 1993 First Use: July 1, 1993 Revised: December 9, 1993 CORRECTION , In Table 1, add Mixture Control Tolerances as follows: Mixture Control Tolerances % Passing 3/8. Sieve % Passing No. 4 Sieve % Passing No. 8 Sieve % Passing No. SO Sieve % Passing No. 200 Sieve % Residual Asphalt :tOt :t6% :t5% :t4% :t3% :to.75% 430.05 .A.3. In the last line, 31 1/2 hours + 30 minutes needs to be changed to 24 hours! 15 minutes. - 430.04. E. 2. The last paragraph on this page should be identified as Sub-Section a. 430.04.E.2 The first paragraph on this page should be identified as Sub-Section b. and the second paragraph as Sub-Section c. 430.04.H.2. The reference to 430.04.I in the third line should be 430.04.H. 440.0G.B.2. The formula in this specification should be modified by changing! .1aR to + .1aR. Change specification reference from Section 610 to 609. ,OIW1\:1~ .,~'t;i:~~~~U1t\.~'"e~ "~ciooll'::;)i~~. Change specification reference from Section 610 to 609. 520.03.B.l. - last sentence change .charges. to .charts. 535.03.D. truck. " change the term "snooper tuk. to · snooper r- Table for Ordinary Exposure and Heavy Exposure. Change paint numbers as follows: 1D to 1A 2E to 2A 3F to 3B Title - change the word "Pipe" to .Pile. Change Sub-Section number 518.17 to 581.17. 2 f)o 7-7 I I I I I I I I I I I I I 1 I I I I ,I PAGE SECTION 711 636 713 636 714 636 720 637 736 641 739 643 760 653 762 653 762 653 765 654 7 F,r. ~r..1 766 654 767 655 820 682 868 703 890 800 899 805 June 8, 1993 First Use: July 1, 1993 Revised: December 9, 1993 CORRECTION 636.02 Line 1, change the word "Meets" to "Meets" 636.03.E. paragraphs two through five should be moved to Sub-Section 636.03.C. 636.03.E. paragraphs six and seven should be moved to Sub-Section 636.03.B. 637.02.G.2. NONMETALLIC CONDUIT - change reference from "Federal Specification W-C-1094" to reference "Sub-Section 923.03." 641.02 Materials - change reference to Sub-Section 859.05 to 859.04. 643.03.B.1. CHAIN LINK FENCE - change "grate" to "gate." 653.02.C.l.e. - change "GRADUATION" to "GRADATION." 653.03.B.1. in paragraph five, the word "consruction" should be "construction." 653.03.B. next to the last line sixth paragraph "17 pounds" should be "14 pounds." 654.04 in Paragraph 1 Line 9 the word "condtions" should be "conditions." ~~.& .nA ~,., ~D:.,...~,........._\... ') ~""',.. ._.___..J ....;.1..----:._. __.t..,._......._. .1..... . - - - . .,- .:."'.-. _... - ____ .____.--. ...........-....... ."_ .l>...--....."A .,~ "adhesive." 654.04 in Paragraph 7 the word "manufactuerer's" should be "manufacturer's." 655.03 CONSTRUCTION - reference to "Sub-Section 654.03" should be changed to 'Sub-Section 654.04." Under Sub-Section 682.03 add a ccmna between the words Construction and Measurement. Specification Title - change the word "Three" to "Tree" 800.01.A.3.d. - second line "aminimum" should be "a minimum. " 80S.01.A. - TYPE 1 second line "value' should be "volume." 3 DOT-It) I I I I I I I I I I I I I I I I I I I June 8, 1993 First Use: July 1, 1993 Revised: December 9, 1993 PAGE sm::TION 902 810 908 815 935 833 947 843 951 847 976 862 1036 893 1036 894 1038 894 1041 911 CORRJ:X:TION 810.01.A.Class III First paragraph eighth line No.20 should be changed to No. 10. . 815.01 Method of test - last line "Equipment" should be "Equivalent." 833.06 Table - "Movement Capability & Adhesive" should be "Movement Capability & Adhesion." 843.03 Paragraph 1 Line 5 ,remove "both with the requirements of AASHTO: M 86, Table 1, Class 1,." 847.0S.A. "AWWA C 20" should be "AWWA C 202." 862.02.A. Quality - reference to "Sub-section 859.05" should be changed to "Sub-section 859.04." 893.09.C. last "chemicals." paragraph change "chemials" to 894.01.B.2. - fifth line .ally. should be .alloy. 894.05.F. third line should read "being replaced or the existing fence as applicable." 911.01.C.4. Should read: "Bolt holes may be punched or drilled and shall be 3/8-inch in diameter and spaced 1-inch center to center (:t 1/32-inch) beginning 1 inch -. . . . . . -. .. . l.rom tne~~' e^~ltu:!1rg --oTe-ntl1 '1.~-"l\:'Ile-post; "Tor 'I\n"\QQ TT TT:r ....."rl TU ,,,,"rl Qvt-O"rl;"", ... .m; ";lI'N,m ,..f 0; ",lo.t-OO" .; ~ - --. ....... , - - -_. -..- --.....-...... "<iJ ...... ....-....-...- - - --:11.----.. inches for Type I. Field punched holes will not be permitted. · 1044 911 911.05 Wood Sign Posts - reference to Sub-Section 859.05 should be changed to Sub-Section 859.04. 1052 913 913.01 Table III, change "TYPE II" to "TYPE III." 1108 INDEX Add "Indentation Rumble Strips" . . . page 391 Office of Materials and Research 4 DOT-II I I I I I I I I I ,I I I I I I I I I I Apri114, 1994 ., , . I' ." DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION MODIFICATION OF THE STANDARD SPECIFICATIONS, 1993 EDmON NOTICE Retain the Notice above as written on page ii, and add the following: All references to State Highway Engineer mean, and shall be deemed to mean, Chief Engineer. Engineering Services DOT-It, I I I I I I I I I I I I I I I I I I I I. July 10. 1995 DEPARTMENT OF TRANSPORTATION State of Georgia SUPPLEMENTAL SPECIFICATION Modification to the Standard Specifications, 1993 Edition SECTION 161- CONTROL OF SOIL EROSION AND SEDIMENTATION Modify as follows: Delete the third paragraph of Sub-Section 161.01 and substitute the following: The erosion control features installed by the contractor shall be effectively maintained by the contractor to contain erosion and sediment within the limits of the rights of way and to control the discharges of storm-water from disturbed areas so that all local, state, and federal requirements on water quality are met. Water Quality testing will be done by the Department Retain the existing Sub-Section 161.04 and add the following after 161.04.D: ' E. Schedule for payment of lump sum Erosion Control, including temporary grass and mulch items. Delete Sub-Section 161.06 and substitute the following: 161.06 MEASUREMENT: Control of Soil Erosion and Sedimentation will not be measured \ separately for payment i ~,_'!~!J)" PA y~~,!, I , A When no pay item is shown in the Contract, all of the requirements of Section 161 and the Erosion Control Plan shall be in full effect The cost of complying with these requirements and the cost of Temporary Grass and Temporary Mulch will not be paid for separately, but shall be included in the overall bid submitted. B. When listed as a pay item in the Contract. payment will be made at the Lump Sum price bid, which payment shall be full compensation for Control of Soil Erosion and Sedimentation including temporary grass, temporary mulch and other work-described under Section 163. on the Plans and on the Standards that is not paid for separately. Payment will be made according to the Approved Erosion Control Schedule as set forth in Section 161.04.E.. not to exceed 100 (%) percent of the lump sum price bid. Payment will be made under: Item No. 161 Erosion Control ................................... Lump Sum Office of Construction ])0 T-I3 I I I I I I I I I I I I I I I I I I I 3.04 .05 February 5, 1992 DEPARTMENT OF TRANSPORTATION State of Georgia SPECIAL PROVISION Lol Project Number: PR 475-3 (245) RICHMOND COUNTY Modification of the Current Standard Specifications and Supplements Section 163 - Miscellaneous Erosion control Items Measurement: Retain as written and add the following: Temporary Grass: Temporary grass if shown as a lump sum item will not be measured for payment except lime which will be measured in accordance with Section 700. If shown as a square yard item, it will be measured for payment by the square yard, surface measure except lime will be measured in accordance with Section 700. Temporary Mulch: Temporary mulch if shown as a lump sum item will not be measured for payment. If shown as a square yard item, it will be measured for payment by the square yard, surface measure. Payment: Retain as written and add the following: 7~ij'pViaiJ '~'Q.:),:). Tilil) iicHI wiii ~ pdiJ tVI dl) iU1I11-' I)UIII VI ;)lfU4IC fani fllca5Ulcu in accordance with Sub-section 163.04 MEASUREMENT and payment will be full compensation for all ground preparation, materials, fertilizers, and other incidentals except lime which will be paid for by the ton. Temporary Mulch: This item will JJe paid for as lump sum or square yard measured in accordance with Sub-section 163.04 MEASUREMENT and payment will be full compensation for all materials, labor, maintenance, and other incidentals. Item No. 163 Temporary Grass ----------------- per Lump Sum Item No. 163 Temporary Grass ----------------- per square yard. Item No. 163 Temporary Mulch ----------------- per square yard. ])07- /4- I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SUPPLEMENTAL SPECIFICATION SECTION 208-EMBANKMENTS Modification of the Standard Specifications, 1993 Edition August 27, 1993 First Use: December 17, 1993 Retain Sub-Section 208.02 as written and add the following: 208.02.E. POND SAND EMBANKMENT: Pond sand meeting the requirements of Section 813 of the Standard Specifications may be used as embankment material subject to the following limitations: 1. Approval of pond sand will be on a stockpile basis only. 2. Pond sand will not be approved for Type I or Normal Back..fill materials, or backfill for mechanically stabilized walls. 3. Pond sand, when used as fill, shall be encapsulated with two feet of soil on the slopes and ' three feet of soil on top. 4. Use of pond sand is further restricted from sidehill fills or fill widenings where any of the following conditions exist: a. The proposed fill slope is steeper than 2: 1. b. The thickness of the proposed fill, as measured perpendicularly from the new fill line to the existing ground slope/fill slope, is less than seven feet (including two feet of soil cover) at its least thickness. c. The fill height exceeds thirty feet. \ \ i \ I \ J)o 7-/5 I 1 I I I I I I I I I I I I I I I I~ I,;' 'C September 23" 1993 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SUPPLEMENTAL SPECIFICATION Modification of the Standard Specifications, 1993 Edition ~ o~ SECTION 210 - GRADING COMPLETE Project Number: PR 47P- 3 (175) RICHMOND COUNTY 210.01 Delete Section 210 as written and substitute the following: 210.02 210.03 DESCRIPTION: This Work shall consist of the excavation of all materials of whatever nature including undesirable material (removal and replacement) and borrow if required; all necessary hauling; formation of embankments; shoulder construction; subgrade construction; ditch excavation; finishing and dressing and disposal of any undesirable or surplus material. It shall include all necessary clearing and grubbing, in accordance with Sections 201 and 202, required to complete the Work unless these items have been established as pay items in the contract. It shall also include the removal and disposal of miscellaneous roadway items, including but not limited to curbs, drainage structures and pavements, unless established as separate contract items. The completed grading work shall conform to the horizontal and vertical alignment and typical cross sections shown on the Plans or as directed by the Engineer. MA TERIALS: The materials required for the grading construction shall conform to the requirements of the applicable portions of Sections 204, 205, 206, 207, 208, and 209. CONSTRUCTION: Construction shall be in accordance with the appropriate portions of Sections 201, 202, 204, 205, 206, 207, 208, and 209 of the Standard Specifications. The Work shall be accomplished using equipment approved by the Engineer, which will not damage base, pavement or other appurtenances to be retained. .......~_......._.h.....+ ...,. .. . ., ,t , ,. ,.,.,.. .. t. . ,~ llVl \u P1Q\".UI6 <111 Y 1Ji:U)\; IIldl\;UC1J, lI1\; /)UVl51 <1U\; /)11<111 VI; lIlU:SIICU III' <1\,;\,;Ul uall\,;C with Sub-Section 209.03. When the Engineer detennines that the existing material in areas where fills are to be placed is undesirable, the Engineer may require the Contractor to remove the undesirable material and replace it with suitable material. Replacement materials shall be compacted in accordance with the applicable portions of Section 208. In cut areas, where the material below the template line is undesirable for subgrade or shoulders, it shall be undercut to a depth established by the Engineer and replaced with suitable material. Replacement materials shall be compacted as, specified herein. J)()7=-/6 I I I I I I I' I I Ii I I I Ii I I I I I I 210.04 210.05 MEASUREMENT: A. GRADING COMPLETE: The Work under this item will not be measured separately for payment. B. GRADING PER MILE: The Work under this item will be measured in linear miles along the centerline of the road or the median, including ramps, when shown on the Plans. C. UNDERCUT EXCAVATION: For undercut excavation directed by the Engineer and not addressed in the Plans, the quantity for payment will be the product of the length, width, and depth of excavation. Replacement material will not be measured for payment. For undercut excavation required by the plans, there will be no separate measurement for payment. PAYMENT: A. GRADING COMPLETE: Payment for this item, completed and accepted, will be made at the Lump Sum Price bid which payment shall be full compensation for all work and materials specified in this Section. B. GRADING PER MILE: Payment for this item will be made at the contract unit price per Linear Mile complete in place and accepted, which price shall be full compensation for furnishing and performing the work specified in this Section. C. UNDERCUT EXCAVATION: Payment for undercut of areas not shown in the Plans and when directed by the Engineer will be made at the rate of $4.00 per Cubic Yard for quantities up to 1000 Cubic Yards will be considered Extra Work as defined in Sub-Section 109.05 of the current Specifications and will be paid for ' accordingly. Payment shall be full compensation for excavating and disposal of undesirable material, and supplying, placing and compacting replacement material. Payment will be made under: ..T..__. ,.,T. "'''^ " _,. JI"""l, _. , . T"" H\"111 l'U. ~ 1 U, UI dUlll~ \..,.UIIlP'\"lC;. . . . . . . . . . . . . . . LU11I11 .:lUIII Item No.2 10, Grading Per Mile. . . . . . . . . . . . . . . per Linear Mile Item No. 210, Undercut Excavation. . . . . . . . . . . . . .per Cubic Yard J;.oP 3L1 '] i1 PR 4 ') 5 ~ J}tJ 7=-/7 I' I I I I I I I I I I I . I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA .... SUPPLEMENTAL SPECIFICATION SECTION 40o-HOT MIX ASPHALTIC CONCRETE CONSTRUCTION December 3D, 1992 First Use: April 23, 1993 First Use 1993 ~pecificationa: JUly 1, 1993 Modification of the Standard Specifications, CUrrent Edition 400.05.0.2. SPREADING OPERA nON: IHleu tM <<ighth paragraph in thu Sub-S<<tion an.chubatitute 1M following: Mixture which is segregated, non~nforming to temperature, conq,;";"1 a deficiency or euess of asphalt cement or otherwise unsuitable for placement on the roadway, ahall not be used in the Work. Any mixture which after placement on the roadway is determined by the Engineer to have unacceptable levels of blemishes caused by segregation, streaking or pulling and tearing or having any other unacceptable characteristics, shall be removed and replaced with acceptable mixture at the Contractor's expense. The Contractor shall take whatever measures necessBl'Y to prevent continual placement of mixture which has these deficiencies. 400.07.G. SEGREGATED MIXTURE: Retain Sub-&ction 400.07 ACCEPTANCE PLANS a.a written and add the following: .. For this Specification, segregation is defined as areas of non.uniform distribution of coarae and fine aggregate particles in an asphalt pavement. The Contractor ahall follow whatever production, stora.ge,loading, placing and handling procedures, make any needed plant modifications and/or provide whatever auxiliary equipment necessary to prevent placement of mixture which yields a segregated mat. When segregation of the mixture is evident in the finished mat, specific actions will be taken by the Department dependent on the degree of segregation which is apparent. The degree of segregation and the subsequent actions which the Department will follow are as described below. 1. Unquestionably Unacceptable Segregation: . When the Engineer recognizes the degree of segregation in the finished mat as being unquestionably unacceptable the following measures will be . '.OJ 1"_ _I!II!'_~.. . ')l'~~O"ZD--~-. a. Work shall be automatically suspendea until positive correci.ive acUOD ~ ~~ ~::.; Contractor. Also, the Department will evaluate the segregated areas to determine the extent of any needed corrective work to the in-place mat. b. The investigation by the Department will include but not necessarily be limited to the taking of six-inch cores from typical visually unacceptable segregated areas for enraction and i1'adation analysis. Determination of the extent of any needed corrective work to the in.place mat will be in accordance with 400.07.G.3. below. e. Work will be allowed to continue only after the Contractor lubmits a written plan of measureS and/or actions which will be taken to prevent further segregation and the plan is approved by the Department. d. When work resumes, the Contractor will be allowed to place a test section not to exceed 500 tons of the affected minure, for evaluation by'the Department. However, if after a few loads it is apparent that the corrective actions taken were not adequate, the measures described beginning with Step l.a. above will be followed. LikewiSe, if after 500 tons it is apparent that the problem has been solved, work will be allowed to continue. DtJ -,; Ie 1 I I I I I I I I I , , , , ~ I I , I I .1 , I I DEPARTMENT OF TRANSPORTATION . STATE OF GEORGIA 2. Unacceptable Segregation Suspected: ,When the Engineer observes segregation in,the finished mat and suspects that it may be unacceptable the following measures will be placed into effect. L The Contractor may elect to continue work at his own risk; however, an immediate investigation will be initiated by the Department to determine the severity of the apparent Begrei1ltion. Also.. the Contractor shall immediately and continually adjust his operation until the viaually apparent eegregated areas are ,.Hmi"Ated from the finished ,mat. b. The investigation by the Department will include but not necessarily be limited to the taking of six.inch cores frOm typical areas olsuspect aegreration and testing for compliance with the Mixture Control Tolerances in Section 828. Co When these tolerances are exceeded, work will be suspended for corrective action as outlined in 400.07Gl. above. S. Corrective Work: A:1Jy &egrepted area found to vary 10% or more on the Control Sieves from the approved Job Mix Formula will be subject to removal and replacement at the Contractor's expense. The control sieves for each mix type are as shown in Sub-Section 400.07.A. For subsurface mirtures. the removal and replacement may be limited to the actual segregated areas or at the full' lane width within the limits olindividual segregated are8a, at the Contractor's discretion and 88 approved by the Engineer. For surface mixes, the removal and replacement shall not be less than the full width of the affected lane and ten feet in length. All surface tolerance requirements will apply to the corrected areas for both subsurface and surface mixes. Do 7=-11 2 ~ ~ I i ; I ! I ~ ~ ~ , ~. I ; I I I I I .. Revised: September 30, 1994 ' DEPAR'll!EN'l' OF TRANSPORTATION STATE OF GEORGIA SUPPLm!ENTAL SPECIFICATICIi Hodification of the St~n~~rd Specifications, 1993 Edition SECTION 500 - CONCRETE STRDCTURES Retain Section 500 as written except as follows: Add the following to Sub-section 500.02: , Granulated Iron Blast-Furnace Slag...................................... 831. 03. B Add the following to Sub-section 500.03.B.5 just before the Concrete Mix Table: 5. GRANULATED IRON BLAST-FURNACE SLAG: When high-early strengths are not desired, Granulated Iron Blast-Furnace Slag may be used as a partial rep:acement for Portland Cement in all concrete, provided the following limits are met: a. The quantity of cement 'replaced shall be no more than 50% by weight. b. Cement shall be replaced by slag at the rate of 1.0 pound of slag to 1.0 pound of cement. c. The slag mix shall conform to the provisions 9f Sub-sections 500.03 and 500.04. --c. ' .~l!'r-1:emen~ .ra:ti.~ ""'S'rI3il. -De -c:aicuia~ea baseci 'tm.-ti~ '\.'H..--ei~~~ .__~-=~~~i =.1 i~ t;.~~ !!'i~ i~~2.~di~~ Q!"=,!!'..!l:.~~d .!:!;Qn-E.,l..~t Fu-'r!la~~ .SlaZ.. e. Type IP cement or fly ash will not be permitted in slag mixes. Change Note 1, just after the Concrete Mix Table in Sub-section 500.03 to read as follows: 1. Portland Cement may be partially replaced with fly ash as provided in Sub-section 500.03. B. 4 or with Granulated Iron Blast-Furnace Slag as provided in Sub-section SOO.03.B.S. Office of Materials and Research j) /) T,... Z tJ ~ I I I I I I I I , - 'I . , I I I I I I Rev. May 26, 1993 , First Use: July 1. 1993 DEPAR'mENT OF TRANSPORTATION State ,of Georgia SUPPLEMENTAL SPECIFICATION Modification of the Standard Specifications, 1993 Edition SECTION 500 - CONCRETE STRUCTURES Retain Sub-Section SOO.10.B as written and add the following paragraph: 3. Unless early cylinder breaks indicate otherwise, no section of a concrete box culvert shall be backfilled until the last placed concrete in that section has reached a minimum age of 14 days. .If early cylinder breaks indicate design strength has been achieved, sections of culverts may be backfilled when the last placed concrete has reached a minimum age of 7 days. J)OT-Z/ I I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SUPPLEMENTAL SPECIFICATION SECTION 813-POND SAND August 27,1993 First Use: December 17,1993 Addition to the Standard Specifications, 1993 Edition 813.01 POND SAND: Pond sand shall consist exclusively of granular crushed stone fines that are relatively free of silt balls and shall conform to the following requirements: A. Physical Properties: GRADATION SIEVE %PASSING 4" , 11/2 No. 200 Maximum Dry Density Volume Change 100 90-100 0-35 901blF'I" (minimum) 0-25 percent B. Methods of Tests: Gradation Maximum Dry Density Volume Change GDT4 GDT7or67 GDT6 1)1) T- 2. Z 1 I I I I I, I I I I .,,:'.'~.::~::.:;, :::",- 1 I I I I I I I I I tor? PROJECT NUMBER: PR 475- 3 (245) RICHMOND DESCRIPTION: EAST AUGUSTA DRAINAGE IMPROVEMENTS V ARIOUS COUNTY ROADS (SEE SUMMARY SHEET) NOTE: CONSTRUCTION PLANS ARE AVAILABLE FOR THIS PROJECT WHICH INCLUDE TYPICAL SECTIONS AND ALL PERTINENT DATA. NOTES 1. THE LOCAL GOVERNMENT SHALL BE RESPOSIBLE FOR PLACEMENT, MAINTENANCE, AND INSPECTION OF TRAFFIC CONTROL DEVICES. 2. THE LOCAL GOVERNMENT WILL CERTIFY ALL NECESSARY R/W, AND R~10VE OR ADJUST ALL UTILITIES AT NO COST TO THE DEPARTMENT OF TRANSPORTATION. 3. THE DEPARTMENT OF TRANSPORTATION'S PARTICIPATION IN CONSTRUCTING THIS ..--~~,-,-~ 1...I.l'UTEL> -'l"U "l."HE ITEMS -SE"!' 1JP-roR '"'PA:n'l~ 'UNDER THIS CONTRA'CT. ALL WORK NOT COVERED BY THIS C:()N'rRM~'T' ,WH.T. RF. TN' ~("("0'Rn:r.N'("F.. t^l,~'M-l ,?T.:r.1\T~ PREPARED BY ZELL,ZIMMERMAN,EVANS & LEOPOLD INC. FOR RICHMOND COUNTY, DATED JAN. 9, 1995. ANY ITEMS OR WORK REQUIRED BY THESE PLANS AND NOT COVERED BY THIS CONTRACT WILL BE THE RESPONSIBILITY OF THE COUNTY AT NO COST TO THE DEPARTMENT OF TRANSPORTATION. PROJECT NUMBER PR 475-3 (245) ])0 T-Z3