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Home My WebLink AboutHephtibah - McBean Road / Brothersville Rd. Augusta Richmond GA DOCUMENT NAME: "'e~'ni\~.- \Y)ctbeor\ ~Dad}~,(D"\YlexS\)\\\..e QQ. DOCUMENT TYPE: ~\)'<\\'(QL,-\- YEAR: BOX NUMBER: at) FILE NUMBER: \ l\~ ~d NUMBER OF PAGES: \'61 I I I I I I I I I I I I I I I I I I I '. ~ ' ~- ,':I2~:){?:i?::~~~-~-- -- CONTRACT DOCUMENTS FOR HEPHZIBAH - McBEAN ROAD / BROTHERSVILLE ROAD IMPROVEMENTS . PROJECT NO.321-04-288821804 GA. D.O.T. PROJECT #: PRLOP-8530-60(245) J .; " Addendum #1 To The Contract Documents Hephzibah-McBean RoadlBrothersville Road Improvements Add the following to "Article IV - Acceptance and Final Payment" page A-3 (e) Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques, sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract. . ,. I I I I I I I I I I I I I I I I I I I " -;; LIST OF PROJECT DOCUMENTS HEPHZIBAH MCBEAN/BROTHERSVILLE ROAD IMPROVEMENTS Project Number: 321-04-288821804 SECTION PAGES Instruction to Bidders IB-l thru IB-3 Georgia Prompt Pay Act PPA-l thru PPA-2 Minority and Economically Disadvantaged Business Support ME-l Special Conditions SP-l Agreement A-I thru A-4 General Conditions 1 thru 33 Supplementary Conditions SC-l thru SC-2 Proposal P-l thru P-3 General Notes G-l thru G-14 Traffic Control TC-l thru TC-23 County Contract Specifications CC-l thru CC-38 Plans 1 thru 16 I I I I I I I I I I I I I I I I I I I SECTION IB INSTRUCTION TO BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-1 I I I I I I I I I I I I I I I I I I I IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the 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 qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-3 I I I I I I I I I I I I I I I I I I I GEORGIA PROMPT PAY ACT This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, C.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Notwi thstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any cla~ to same. NOTICE All references in this document, which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to nRichmond County Board of Commissioners" shall be deemed to mean nAugusta-Richmond County CoImILission-Council and all references to "Chainnann shall be deemed to mean nMayor". DISPOSALS Prior to any material from this project being wasted or otherwise disposed of outside the project limits the Contractor shall furnish the Engineer a copy of written per.mission, signed by the property owner (or his authorized agent) describing the estimated amount and type of material to be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other such materials are to be wasted on the property, a PPA-l I I copy of the owner's inert landfill permit, issued by the Environmental Protection Division shall be furnished to the Engineer prior to any such waste being removed from the project. I I In all cases, regardless of the material being wasted, a grading permit issued by Augusta-Richmond County must be furnished to the Engineer. I I I I I I I I I I I I I I PPA-2 I I I I I I I I I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BOSINESS SUPPORT It is the intent of the Augusta-Richmond County- council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. ME-l I I I I I I I I I I I I I I I I I I I HEPHZIBAH-MCBEAN BROTHERSVILLE ROAD IMPROVEMENTS Project Number: 321-04-288821804 SPECIAL CONDITIONS SCOPE: This project includes decel, accel and turn lanes, and storm drains 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: remove brick columns/wall, transition tie-ins, clearing and grubbing, locating, maintaining and reclaiming disposal and/or borrow areas, construction staking, removals and relocations not covered by a separate pay item, sawing pavement, removing and resetting of other work obstructions, and any other work not covered by a specific pay item, ROADWAY PAVING ITEMS: 1. Any reference to "RECYCLED ASPH. CONe. "H", GP I OR 2, INCL. BITUM MATERIAL & H LIME" shown on the plans shall be deemed to mean "RECYCLED ASPH. CONe. 9.5 MM SUPERPAVE, GP 2 ONLY, INCL BITUM MATL & H LIME". 2. Any reference to "RECYCLED ASPH. CONe. B, GP 1 OR 2, INCL. BITUM MA TL. & H LIME" shown on the plans shall be deemed to mean "RECYCLED ASPH. CONe. 19 MM SUPERP AVE, GP 1 OR 2, INCL BITUM MATL & H LIME". 3, Special attention is called to pages CC-11 thru CC-31 of this contract document concerning Asphalt and Superpave. SP-1 I I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the 4- day of ~ , 19{1by and between Augusta-Richmond Countv Commission-Council party of the first part, hereinafter called the OWNER, and 15L.-AI !2- C 01'-/ Srrz.U c. -r I (J tJ , INC. I party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: HEPHZIBAH-MCBEAN BROTHERSVILLE ROAD IMPROVEMENTS Project Number: 321-04-288821804 And in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIOUIDATED DAMAGES The work to be performed under this Contract shall be commenced within lQ Calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 140 calendar days with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be executed regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion ofthe work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and A-I I I I I I I I I I I I I I I I I I I I IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contrac t for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of an work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT (a) The Contract Sum The Owner shall pay to the Contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Proqress Payment On no later than the fifth day every month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quanti ties in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 I I I I I I I I I I I I I I I I I I I ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (a) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within 15 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A-3 ""' , ',' .' THE AMERICAN INSTITUTE OF ARCHITECTS ,A.f,A. Document ,A.311 Performance Bond KNOW All MEN BY THESE PRESENTS: that Blair Construction, Inc. (Ht'o .n'fll r~1I n.mo .nd .dd'tI, 0' 10..1 1.110 01 Con"HIO'j PO Box 770, Evans, Georgia 30809 as Principal, herelnaft"!r called Contractor, and, National Fire Insurance Comf'any of IH", I''''.'' ''111 n,m.. Ind .dd".. 01 "1.' hll, 01 Sutff~1 Hartford, CNA Plaza, Chicago, Illinois 60685 as Surety, hereInafter called Surety, are held and firmly bound unto Augusta-Richmond County (Htll .n'''1 '~II n.mt .nd .dd'tll 0' '.,.1 ,.11. 01 0_0" Commission-Council, 530 Greene St./Municipal Building, Augusta, GA 30911 as Obligee, hereinafter called Owner, in the amount of Four Hundred Eleven Thousand Five Hundred Seven ty and 93/1005--------------_____ Dollars ($ 411 , 570.93 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, (irmly by lhese presents. WHERE^S, Contractor has by written agreement dated /)Uo6e... /2./ 19 Cf? entered into a contract with Owner for (HUt in'UI '~II Mmo. .ddllll .nd dl\cdplion 01 P'O;tcll Hepzibah-McBean Road/Brothersville Road Improvements Proje~t Number:321-04-288821804 in accordance with Drawings and Specifications prepared by IH", Inun Iwll nu"c .nd uld"" 0' Irl.1 lilt, 01 .A.r('''III'(l .f which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. Cis by ~gA.-:t ..to.~...fn.......-t .#hJr~_ ~ GA resident agent "I" OOCUMfNT "311 . PERfORMANCE BONO AND l^BOR ANn ~\A Tf.RIAl PAYMfNT Rn,,() . AlA ~ .1 (BRUARY '~'O (0 . THE AMfRI(''''N INS11TUTE Of ARCHITECT\. 1"\, "\' ^,., . N W. W^~HIN(,IlIN. 0 C ~()()OE, I PER FOR 1\ 1 .\ I" C ~ H () :" [) />JOW, T~fU'Olf, T~f CO,,",OITIO,,", 0' T~" OBLIGATIO,,", I~ Iud.. ,h) 1, if Con"~Clor \h~1I p,nmp11v .nd r.ilhfu'IIv pl!',form ).1,': Con::..,:, Ihf'0 !hl~ Ob~18a:lon ~h.)11 be null Jnd \0'(; ~lht"'''''~(' ","J "".J'~ -- . ,. d'":-:' ,.'-',.,., Th. Surety hereby waives nollce of any alteralion or exlerHlon of lime m~de by the Owner. Whenever Contractor sh~" be, and declHed by Owner :0 De In de(~ull under the Contracl, Ihe Owner haVIng performed Owner', oblig.lionl Ih('r('und('r, Ih(' Surel\" may promptly I('m('dy Ihe d('l.ull. 01 Ihall promp11v' 'l Complele the ContrHt in Hcord.nee wilh ill lerml and conditionl, or :2) Obl,in I bid or bids for completing lhe Conlr.el In .ecord.nee wilh III terml ,nd eondilionl, and upon de. \ermin~tion by Surely o( the lowell relponllble bidder or, if the Owner electl, upon delermln.I,on by Ihe Owner and the Surety jointly of Ihe lowell relponllble bidder, ~rr~nge (or ~ contraCt belween luch bidder dnd Owner, ~nd make ~vail.ble H W'or$ progrellel levef'l lhough there Ihould. be a defaull or ~ IUCCelllon or ,- Slaned and st'lled ,this /2 d.y of ~ . S . ----:u~ (Wjl"l'~,$ ~-LL>> jlwilnl',I.I) ./ ddaufll under Ihe conlrHI or contllch vI completion JrfJngt'G ',j'lCt.! :.... ) Jd:...~fg~,~' _;I'(ll''''\~ t .......tj\ '(: :::", COIl of complellon lell Ihe b~ldncl' of the conlrHI pr,cr bUI nol rxceed"..~ 'f'I(lud,'''~ nlhr' C()III .lnd ddm"cr, iOt .......,...,1(" l"'t" )Uft' . 1""'10). 0(' "uC,C ."'\l"('Li....'(.;~, t,",,!, J,--r.'... ~el lOIIt"\ ,I' Int' 1,'\1 Ild'd"':'J:)M r~,,'('O[ T1"'If' lerm OdIJ"" or I h t' ton I f 4 (r p', ~ t' J ~~. ~ t' d I!"'\ 'M, \ P J ' d ~ (4 P r-, " r- .' me~n Ihe 101,1 .mOUnl Pd'dble by O""nr' 10 (onl';('0' un d t r I h ~ Con I r ~ (I ,." d ,. r"I Y J m t" "d rT"I f' "'... I h eo' t' t (), i,. '.' Ihe ~mounl properly p~,d by O""f'le' 10 Conlr~C1or ^"v IU'! uf'ldr' Ih'l bond ""'JII be '''-<I''u'ed be'~.'. Ih~ e,p"a"o" 01 I~O 17, -e,'1 1'8m 'f"\e '';dle on ~' l,n,I'p,\"menl under !r-e CO'\I/HI i,\il O\.,~ NO flghl 01 acl'O" I"all der've Of'l I.~., onf'ld I() C' ,I.,e ulr 01 on)' pe/lO" n, \"O'DC'."O' O'her '''d'. ow,,~, r"Idmed he'p,"" ^, "e ""r"~ el~~'_'!Of' .c.- ~ IlalO/1 0' luCCr11011 01 the O~"e' Oc-lc,61: .- 19 '7<=t ... Blair Construction, Inc. ! 11J~ (.(.~ ~ W;//;....-. J!.. /YI.....J.:...,.... ,lir/rol p,.~,;d...+.. ~ Na tional Fire Ins'urance: 'Company of Hartford ISIIII'l)'J I~"" BAJ~L / I)~j Buck Leigh . 1111/1'1 Attorney-in-Fact 41.4 DOC\.JMf"'lT -'" t . I'r ~ rOR M ^NCr BOND A NO I. ~ 8('\V . ~ ~ II. ~ '" .,.., ~ I : l,' . ,...., ( ...,~ llo. '.. ...... I..... ~ 1 I : ',..) 1 I (\. .... \ " ., Ill> .4. "'-'0 l....~ A.. 1 (9 I... I t'l J.. Y t...~ f.." r q (";."1 ; "'\ THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A311 labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE fULL AND fAITHfUL PERFORMANCE Of THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Blair Construction, Inc. IHctc in\ctl full n.mc .nu HJdrcu 0' 1<.'&.1 11\1('01 COr.lfHICI, PO Box 770, Evans, Georgia 30809 as Principal, hereinafter called Principal, and, National Fire Insurance Company of (HUt in\cn full n,me ;nd .ddtCH O( ICG"! Idle 01 )V't"!'/: Hartford, CNA Plaza, Chicago, Illinois 60685 as Surety, hereinafter called Surety, are held and (i'rmly bound unto Augusta-Richmond County (Here in~Cfl 'vII n.me .nd .ddle\1 Of ltl.l lllle 01 Owncr,' Commission-Council, 530 Greene St./Municipal Building, Augusta, GA 30911 as Obligee, hereinafter called Owner, (or the use and benefit o( claimants c1S hereinbelow defined, in the Four Hundred Eleven Thousand Five Hundred amount of Seventy and 93/1008 (H"e In.e" a sum equ.1 10 II lUll one-h. II of Ih. conl'HI pric.) Dollars ($ 411,570.93 ). (or the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, Principal has by written agreement dated t)C./",6e.. Ie.. I 1999, entered into a 'contract with Owner for (Here inse.t lull name, add,ell .nd delcrlption of prolecll Hepzibah-McBean Road/Brothersville Road Improvements Project Number: 321-04-288821804 in accordance with Drawings and Specifications prepared by IHc'e inlCrl (uH n.m. .nd .ddl.,l 01 '.S.I lill. of A"hdOC:! which contract is by reference made a part hereo(, and is hereinafter referred to as the Contract. AlA DOCUMfNT A311 . PERFORMANCE BOND AND lABOR AND MATERIAL PAY'\'IENT BOND . A!A @ FEBRUARY 1970 EO.. THE AMERICAt--: INSTITUTE Of :\Ret-II [E(TS. \ 7)) NY AVE. N W, WASHINCTON, 0 ( 10006 ) .J WARNING: UnllcenMd photocopying violate, U,S. copyright 1_ and la subject to 189al prosecution. -; ~ LABOR AND MATERIAL PAYMENT BO!~D NOW TlIlltrOll1 THI C:O"'DITI(''''~ 0' THIS OILIGATI(")N i~ suCh 11,,1. Ir Prlnclp~' sh~1I prumplly moke n~ymenl 10 III e\~'''';~1'I11 ~I hel~;I'I~(lel d.e(ined, ror III I~bol ~nd m.1Iel;;d uied 01 ICl'on~bly requiled (('11 u'e ,n Ihe perfo""'JnCc o( :h~ Con'f~(I. Il1en 11'1'1 obliS~lion .h..11 b. void; olhelwile ;1 \hJII remain in lulllolce Jnd eHecl. luDleel. ho"""e"'C'I. 10 Ine 10' lowin~ condiliOn5; ,. A cl~im~nt I. denned u one hIving I dlrtel con. IIHI wilh Ihe Princip~1 or wilh a SubconlrH\or of Ihe Pllnelr>~1 lur 1~i.lOI, mJlelill, or bOlh, u.ed or reHonJbly rC'lVlleu 101 IIle in Ihe pellormJnc. 01 lhc (onllJCI. I~bol ~l'Id mJI(.'rr~1 beinlt cOMllued 10 Inclvde IhJI pJII o( w~ltl, sn (1owtr. lighl, hUI, oil, 8Holil'le. 1C'1C'(1hone It,...ice IJI lenlJI of "'lv/(1menl dilfClly IPpl.ioble 10 Il1e COI'IIIHI. 2. The Jbove nJmeu PrincipII and Surely heleoy /("),nlly JI1(j \e\'el~lly J~ree wilh Ihe Ownl'r IhJt ev~ry ,1~im~1'I1 J\ hel"/11 delined, who hJS 1'001 i.leen (1~ic1 ;1'1 fvll bt(ole Ihc fxr>ilJIIon of ~ period 01 nin~ly (901 ehyl .dlrt Il1e UJle on which 11'10 IUl 01 I\lch el.lim,1111') wOIK 01 IJbol .....H dont' or ptrfolmed, or m.lleliJiI W('II' Ivll'lilhed bx. luch cllim~nl, mJY .ue on Ihil bond lOr \1'\, vie 01 luch "JjmJnl. PIO\t'cule Iht' Ivil 10 (inJI iudS'menl {Ol luch IUm or ~IJm~ ~~ m~y be ;ullly due cl~imJnl. Jnu h.lve et(','ulion Iht'leon. Tilt' Owntl \IIJII nOt be liJble (01 .Ihe p~ymenl of lny COllI or CXf'lelllel or Hly SI.IC" luil. ). Nn suil or IClion sh~1I bo comm.nCt'd hereuneh', by ~;..y cl~imJnl: ~) Unleu c1:lil1unl. olht( 'h~n CJn. h~vlnB ~ direCl conllHI with lhe Princip~I, sh~11 h~ve given writlen f'Iolice 10 ~l1y IwO o( Ihe (ullowinS: ,he I'rincipJl, Ihe OWl'ltr. or Ihe Svtely ~bove n~mt'ci, within nil'lely (901 dJyI Jlltl lu,'h clJimJl'II did or performt'd Ihe lall of IMt' .....O/K 0' Io\hn" or furnilhed the IHt of the maleli~l\ lor which \~id cl~im il m~de, sllling wilh lubllanliJI Sianed ~nd \C~ltd thIs /2.. day or ~.;i::::.- ~.~~ IWi!III'U) ~ ~ ~ 7 ~;IIII'U) ./ "curacy the ~mounl c1.imec1 Jnd lhe n~me or the pHly 10 whom Ihe m~leri~iI wr'r f\III'I;\heu. IJ' (01 who,'"" Ihe wOlk 01 labor WJI do"" 0' (1edOlmerl Such nOI,ce Ih~11 be Ie,,'ed by m~il;nb Ih~ \.Im(' by I\'b,\leled ITIJ,i or certified m~il, pOII~se (1lrr>J,d. in J" enyelOpe .d. dle\led 10 Ihe P(i"c'p~l, O~"el 01 SUle'y. JI Jf"\y pl.ce where In o((;cc il rebulJlly mJ,nIJ,f"\~(1 I(), ''"'e ".~". AClion 01 bvlll'ltll, 0' le''''C'o .n Jl'ly mJnnCI ,n """'"',c" leill plOceU mlY b. "r\led In the IIJIt ,('1 which Iht lrortuid projeer is loc.ltd, IJvt Ih.,' lucil Itlvice nHd 1'101 be mJde by J public o({,c v' b) ^ I I C r II \ e e x p i r J I , 0 1'1 0 I ,., n " (1 1 y ~ J' , " IIIJ W , 1"1 b ' h e dJIC 01'1 which Pril'le,!,;1 'v.lI,.1i Wo,l on I.I'U C0I"1",,1 i-I l> C' i ,., t: v 1'1 d e r \ I 0 0 d, hOw C y '" ' , " J I ,I J f"\)' I, 1 " , I J , , 0 1"1 '."T'. bucl,cd in 'his bnl'ld II pruh,b,'rd hy ~,..... 1.1'. COI'IIlOII"'\b Ihe COI"1I/1\1C1iol'l hCleof \1,(1, """"I;I;()1"1 .1,.,11 11~ (1ee""eC lob e ~ men J e <.J 10 J I lob ~ (" ,",.\ I I ('\ I r. e ,,",.""" U m r> e "0 C IJI lim'I,lllOI'l pelmillec1 l>y Iv\l, I.,.... e) Olhel Ih~n in ~ \IJle COll" of compel"'" IV11\O,Cllor. I 1'1 ~ n d lor I" e eo u 1'0 I yO' 0 II q: I pol i lie ,) I \ v II d I Y I ~ I 0 11 0 I Ihe "'it' in which Iht' PIOltel. or Iny pJIl theltol, is .ilu~led, or In Ih. Uniled SIJle\ Dil/liCl Coull lor Int" dilllicl in which Ihe Ploiec!. 01 Jl'ly p~II Iheleol, is Ii,. uJled, Jnd 1'001 el't'w~ere. 4 The Jmount 01 Ihi\ h('1"u \11;11 b~ 'rcluced by ~,",ci \0 lIlt' C'xlC'r"\1 of ~"Y pJymC''''' IJI rJ':;ymC'l~l\ "'Jelc Ir'\ ~ooc (J;,h he,cul'ldel, inclv\i...e 01 '-'"Ic pJym~'" by SurCly 01 mechJnics' lit'nl which mJy be (iled 01 record a8~lnll \Jid improvemenl, whether or "01 clJim 101 Ihe amo\Jr,', o( luch lien be plelenled u"d~1 and 19J,nll 1r,I\D0l1d tt)c -1-0" e.- 19.9' ~ -' _ :---v Blair Construction, Inc. !u1.0~ ,q. """"p." . V-I.',,;~~ ~. ,.,_~;_~.~-r ... l\,.ll National Fire Insur.ance Company of Hartford (Surc'lyJ 1~ljl I Bu~ ~~1~ (Tlllc') Attorney-in-Fact AlA OOcUMr~y All' , l'rwrORMANcr OON(') ANn IA"OW ANI) ....\AT(~IAI I'AYM(NT ~ONO . AI_. ~ r lU~UA)(Y '~'I\ Ill.' 11'\( ^,",(~I<':^N INSTlluT( UfAX<':HlllC 1',111\ N 1 ^YI N w. W^IHINI.II)N I) C :' r./. ... " POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constiMe and appoint James D. Thaxton, Theodore J. Marek, Buck Leigh, G. A. Weathersby, Individually of Columbia, South Carolina their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 7th day of May 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD A;Z;;t7t;?;G, PENNSYLVANIA Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 7th day of May 1998 ,before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 11~9 ~ My Commission Expires March 6, 2000 CERTIFICATE Mary Jo Abel Notary Public I, Mary A. RibikawskisMary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this day of (Rev.10/1/97) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~a~ Mary A. RibikawskisMary A. Ribikawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VJ.-Execution of Obligations and Appointment of Attorney-in-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attomey granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." .:~.~ .it ~''':'"':PAGE': .Qt'l2-002, .. . DATE (MMpDIY") ~ .10/06/1999 ' I S ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ~ ALTER THE COVERAGE AFFORDED BYTHE POU91ES BELOW.. . , COMPANIES AFFORDI~G COVERAGE. . r~-;;';~;~'~"""'''T"ran's'po;iitaf,))n'''Jn's'~''-'CQ'::''''''''''''''...................::........................................ Attn: Linda Mitchelr Ext: 2224 ~ A..... '.. ;' i'NSliREo....B....l".......:........-c ...............-......-:-........-1 .._........_...._.._......_....._....._............._"..._.t;;;;~;~-;.......Tr.an sco~t"'nentar-fns. .Co: --...--....-..--. alr onstructlon nc ~ B ...., ~. Bl ai r Prope rti es, LLC 1.........................................................................................................................................................................,........................... P. O. Box 770 I COMtANY' .~ " Evans, GA 3080 9 1...~.~~;~..............................................................................~................:.;........................................................................ PRODUCER (7 0)246-8300 FAX (770)246-8318 utter; McLellan & Gilbreath, Inc. 3861 Holcomb Bridge Road Norcross, GA 30092-2205 THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICI:f THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REClJCED BY PAID CLAIMS. ...........f...................................................................................i..............................................................................................~............................................r..........................n...............~................................................................................................................... CO! TWEOFINSURANCE i POUCYNUMBER ". i POUCVEFFECTIVE !POUCVEXPIRATICNI LIMITS LTR 1 ! ! DATE (MM,oDIYY) ! DATE (MM,oDIYY) ! i GENERAL UABIUTY i (,('! COMMEROAL GENERAL UABIUTY ! A .:::::J ctAlMSMADE [~J Oca.JR b1035739868 ! !.OWNER'S & CONTRACTOR'S PAOT ! t.......~ ~ l t ~ r.......1 ...................................................................... ~ ~ ~ ~ i GENERAL AG~EGATE I $ 2,000, 000 1 rp'ROOU'C;:S .~.COMP;;;p.AGGT$..............2.;..O.O.O.~.OO'O. l ,..... ........... ........................................................................................ 112/31/1998 Il2/ 31/ 199 9 ~~~~~~~~~-~~.~~~..-!~._..._.!..!. oQQ..!..2.2.2. ! ! ! EAa-l Oca.JRRENCE ! Ii 1, 000 , 000 : . ...............................................................,...................................................... j j j FIRE DAMAGE IArfo/ ale fire) i $ 50, 000 ~ ~ ~.............................................................~..................................................... j j l r.AEDEXP . ymeperSCfl) ! $ .. 5,000 , ~ COMBINED SINGLE UMIT \ $ 1...._......................uuu.........................t.................~.l..9..9.Q.!..QQ.<J.. j . ! BODIL" INJURY . $ . ! ! '. 1 (per perSCfl) ! 1 12/ 31/ 199 8 i 12/31/ 199 9 j..............:.......................:......................t.................................................... ! ! ! BODILY INJURY i $ 1 1 l (per acddent) i ~ ~ f..........~........."'....................................._........l....._...._...._......~............"._......_.. ! ! i PROPERTY DAMAi3E i Ii 1 ! 1 ~ L~~OM08ILE UABlUTY i ! X ! ANY AUTO :1,:. 1"'.....1 ALL OWNED AUTOS :--u...~ B L....J Sa-lEDULEDAUTOS (:135739871 i ! HIRED AUTOS ! ~........~ ~ ~'''''''I ;.:ON-OWNED AUTOS I !........1 ...................................................................... ~ ~ i ~ j GARAGE UABIUTY l'......"" L.....J ANY AUTO , , ! i i ~........1 ...................................................................... ~ ~ t ~ I EXCESS UABILITY B L~J UMBREu.A FORM ( I OTHER THAN UMBREU.A FORM \ WORKERS CCMPENSATICN AND ',1, I. EWLOYERS' UABIUTY B i........~ WCC1035739854 ! THE PROPRETORj 1 X llNQ 1 1 PARTNERS/EXEamVE ~........j ; j OFFICERS ARE: i 1 EXa... j , OTHER ! leased and/or Rented ! , rqU;pme"t f'035739868 DESCRIPTION OF OPERATIONSw'LOCATICNSlVEHIa..J:S/SPEOAL ITEMS ax 706-863-0306 I I fl035739885 j AUTO ONLY - EA ACODENT }~"_....."._...............~....,--,,.......- ~..?T.~.~.~..:.~..~.~.:.9..9.~.~~:....... . + .EAOi ACO DENT j $ ~.............................................................t.................................................... i AGGREGATEj$ ! I ! EAa-l OCCURRENCE i $ 5 , 000 , 000 ! 12/31/1998 112/ 31/ 199 9 rAOOREGATE...............................T$..n.m......S.:.O.OO.~.oO'On ~ ~ r............ ...................... ....... ................... t.s......................... n. ....... .............. i i X ! TCAYUIlAITS ! i ER ~ \ ~....n......................... .............................. i 12/31/1998 i 12/31/199 9 i..~.~.~.~~..~?:?.~.~~!....................~..~.....................~,Q,Q.!..Q9.,Q. ! j jELDISEASE-POUCVLlr.AIT !$ 500,000 l I t--..---.....--.......-.....-.........--.-..---.--...-.. i l 1 EL DISEASE - EA EMPLOYEE! $ . 500, 000 Limit 5150,000 112/31/1998112/31/19991 Deductible: $1,000 ~ ~ t SHOULl) At<< OF 'THE ABOVE DESCRIBED pouces BE CANCELLED BEFORE THE EXPIRATICN DATE THEREOF, THE ISSUING COMPAt<< WIll EIC)EAVa:l TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTlACATE HCLDER~AMEn TO "\liE LEFT, BUT FAILURE TO MAIL suC>t NOTICE SHALl. IMPOSE NO 08UGATlON a:l UABIUTY OF ANY KIND UPON "\liE COMPANY, ITS AGENTjl OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE '-;::o/.-e c h .. Mark Jaynes CSP/GRACE 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. ~~y: 1 Title: Richmond County commission-council - ICHMOND COUNTY N - OUNCIL CONTRACTOR: ff/~:,.. Co"'s+r~G-I-/o" J -::z::;,c. . , By: ULMl~,,^^ f(~A SEAL Title: ~es :de"? + Attest '-fY),L'~ ?-n , 1 <?. F Secretary , ~..:i:::..- 5". -:o~ Witness Address: )::>.0, 13o~ 770 Evc-w<; 6-4- 30809- / ./, - A-4 I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title , DEFINITIONS..,.........,.,.........,................. ., ....".... PRELI~tINARY MAITERS ..................,................,.... CONTRACT DOCUMENTS: INTENT. A~lENDING AND REUSE H.........H.................. A V AILABIUTY OF LANDS: PHYSICAL CO~DITIONS; REFERENCE POINTS........., ....... ....".. "" ....... ........,. BONDS AND INSURANCE . H" ....... H..... ................ H' H CONTRACTOR'S RESPONSIBILITIES.......,........,........... OTHER WORK ,....,.............,.,..................,.......,.... OWNER'S RESPONSIBILITIES,.."....."........................ ENGINEER'S STATUS DURING CONSTRUCTION.... .,..,..... CHANG ES IN THE WORK.... . .. .. .. . ........ H .. H .. ... . .. .. .. , .. CHANGE OF CONTRACT PRiCE....,...............,...........,. CHANGE OF CONTRACT TIl\lE .., ......,. .." ......., ...,.... .... WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK..... ..,.,......,.,. .... ... PA YMENTS TO CONTRACTOR AND COMPLETION .........." SUSPENSION OF WORK AND TERMINATION....,.. .......,., ARB ITRA TION .................,...,.. H" .. . . . ... . . .. . . , , . . .. . H .. ~t1SCELL.-\:-.IEOUS ,.,.,..."..,......,....,.............."........ 3 ~ 5 6 7 8 9 10 II l~ 13 l-l 15 16 17 3 Page 8 9 10 11 14 18 19 19 ~1 21 :~ 24 ~6 29 31 I! I I INDEX TO GENERAL CONDITIONS I A.rticJ~ or Paragraph Numb~r Acceptance oj Insurance ............................. 5.13 Access to the Work ..................................13.2 .~ddenda---.iefinition oj (see definition oj Specifications) ........................................ 1 .~lUeemenl-definition of ,............................... I .~I Risk !nsur:mce ..................................... 5.6 Amendment. Written ............................. 1.3.1.1 Applicauon for Payment-definition of .................. I Application for Payment. Final ...................... 14.12 Application for Progress Payment .................... 14.2 Application for Progress Payment-review of .... 14.4-14.1 Arbitration ............................................. 16 Authorized Variation in Work ......................... 9.5 A vailability of Lands ,................................. 4.1 A ward. !'iorice of.-Qefined .............................. 1 I I I I I Before Starting Construction ...................... :.5.2.i Bid-:iennitJon of ...............,....................... I Bonds and Insurance-in general ........................ 5 Bonds.-:iennition of . . . . . . . . . .. . . .. .. . . . . . .. . . .. .. . . . . . .. 1 Bonds. Delivery of ,............................ _ 2.1. 5.1 Bonds. Performance and Other .................... 5.1-5.2 I I Cash Allowances.,................................... 11.8 Change Order.-Qelinition of ............................. I Change Orders--<o be executed ...................... 1004 Changes in the Work ...................................10 Oaims. Waiver of-on Final Payment .,............. 14.16 Clarifications and Interpretations ...................... 9.4 Cleaning .........................,.."............... 6.11 Compietion , . . . . , , . . . . . . . . . . , , . . , . . . . . . . . . . . . . . . .. . . . . .. 14 Comoie~lon. Suostantial .......,..,.............. 14.8-14.9 Conference. P:-e::onstruction .......................... :.3 Connic:. S:ror. uls.:::repancy-Contractor 10 Report .......,................,............. ::.5. 3.3 Construction Machinery. Equipment. etc. ............. 6.~ Continuing Work ..................................... 6.29 Contract Documents-amending and supplementing ............ .'..................... 3.4-3.5 Contract Documents--definition oi ..,........,.......... 1 Contract Documents-Intent ...................... 3 .1-j..3 Contract Documents-Reuse of ,......................3.6 Contrac~ Price. Change oi .............................. II Contract Price--.ielinition .......,..,...........,........ I Contract Time. Ch:1nge of .............................. 12 Contrac~ Time. Commencement oi .................... 2.3 Contract Time-:iefinition of ............................ I Contractor-derinition of ................................ 1 Contractor May Stop Work or Terminate ............. 15.5 Contractor's Continuing Obligation,..,.............. 14.15 Contractor's Duty to Report Discrepancy in DocumenlS ........... ..... ............. .... 2.5.3.2 Cuntr:lctor's F.:.:-Cost Plus ... 1IA.5.6. 11.5.1. 11.6-11.:- Contractor's Liability Insurance ....................... 5.3 Contr:lctor's Responsibilities--in general ................ 6 I I I I I I I I I Contractor's Warranty oiTitle ........................ 14.3 Contractors--other ...................................... 1 Contractual Liability Insurance........................ 5.4 Coordinating Contractor-definition of ................ iA Coordination .....,.................................... 7.4 Copies oi Documents. . . .. .. .. .. . . . . .. .. .. .... . . .. .. ... 2.2 Correction or Removal of Defective Work ........... 13.11 Correction Period. One Year ........................13.12 Correction. Removal or Acceptance of Defective Work_n general ...........................13.11-13.14 Cost-net decrease ................................. 11.6.2 Cost of Work ,................................... 11.4-11.5 CostS. Supplemental. . . . . . . .. . . .. . . ....... .. . ... . . .. 1 1.4.5 Day--<iennition of ....................................... 1 Def~ctivt-<iennition of ..,.............................. I Def~ctive Work. Acceptance of . . . . . . . . . . . . . . . . . . . . .. 13. 13 Def~crive Work. Correction or Removal of .......... 13.11' D~fective Work-in general ............... 13. 14.i. 14.11 D~f~ctive Work. Rejecting............................. 9.6 Definitions .............................................. 1 Delivery of Bonds ..................................... 2.1 Determination for Unit Prices ........................ 9.10 Disputes. Decisions by Engineer... .............. 9.11-9.12 DocumentS. Copies of ................................. 2.: Documents. Record ..................................6.19 Documents. Reuse .................................... 3.6 Drawings--dennition of ................................. 1 Easements ............................................ 4.1 Effective date oi Agreement--<iefinition of . . , . . , . . . . . . . .. 1 EmergenCIes .................,....................... 6.::: Engineer-definition oi .............................,.,.. J Engineer's Decisions ............................ 9. 10-9. ) 2 Engineer's--Notice Work is Acc=~nable ............. ]4.13 Engineer's Recommenciat.ion oj Payment ...... 14.4. 14.13 Engineer's Responsibilities. Limitations on ....,............ 6.6,9.11,9.13-9.16,18.2 Engineer's Status During ConstrUction-in general ...... 9 Equipment. l...1bor. Materials and.................. 6.3..0.6 Equivalent Materials and Equipment .........,..,..... 6.7 Explorations oi physical conditions............... ..... 4.1 Fee. Contractor's-Costs Plus.....................:.. 11.6 Field Order-definition oi ...........,.,.......,......... I Field Order-issued by Engineer ................ 3..5.1. 9,5 Final Applic:uion for Payment....................... 14.12 Final Inspection ..................................... 14.11 Final Payment and Accel'tance ...................... J 4.13 Final Payment. Recommendation of ........... 14.13-14.14 General Provisions .............................. 11.3-1 i.4 General Recuirements--delinition of. . . .. , . . . . . . . . .. . .. ., J General Requiremenls-pnncipal references 10 ..,......,......, 2.6.4.4. 6.4.6.6-6.1.6.23 ~ I I Giving Notice ........................................ 17.1 Guarantee of Work-by ContraCtor................... 13.1 I Indemnification . . . . . . . . . . . . . . . . . . . .. . . . . . . .. 6.30-0.32. 7.5 Inspection. Final .................................... 14.11 Inspection. Tests and .................................13.3 Insurance. Bonds and-in general ....................... 5 Insurance. Certificates of ........................... 2.7,5 Insurance-<:ompleted operations. . . . . . . ...... . . . . . . . .. 5.3 Insurance. Contractor's LiabilitY ...................... 5.3 Insurance. Contractual Liability ....................... 5.4 Insurance. Owner's Liability .......................... 5.5 Insurancc. Property .............................. 5.6-5.13 Insurancc- Waiver of Rights ......................... 5. II Intcnt of Contract Documents ................... 3.3.9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions. . . . , .. .. . . .. . . . . .. 4.1 I I I I Labor. Materials and Equipment .................. 6.3-6.5 Laws and Regulations-definition of ..................... I wws and Regulations-general ....................... 0.14 Liability Insurance-Contractor's ..................... 5.3 Liability Insurance-Owner's ,...,'................... 5.5 Liens-definitions of ...,............................ 14.1 Limit.Hions on Engineer's Responsibilities............. .....,.. 6.6.9.11.9.13-9.16 I I Materials and equipment-furnished by Contractor .... 6.3 Materials and equipment-not incorporated in Work ..............................14.2 Materials or equipment-<quivaJent ................... 6.7 Miscellaneous Provisions ............................... 17 Multi-prime contracts ...,............................... i I I Notice. Giving of....... .............. .... ............ 17.1 Notice of Acceptability of Projet:t ...,............... 14.13 Notice of Award~efinition of '......................... I Notice to Proceed~efinition of ......................... 1 Notice to Proceed-giving of .......................... 2.3 I I "Or-Equal" Items ,...,................................6.7 Other contractors ..............,..,.....................;- Othcr work .............................................. i Overtime Work-prohibition of........... ............. 6.3 Owner--iefinition of ..,................................. I Owner May Correct Defecrive Work................. 13.14 Owner May StOp Work. .............................. 13.10 Owner May Suspend Work. Terminate .......... 15.1-15A Owner's Duty to Execute Change Orders ............. II.S Owner's Liability Insurance ........................... 5.5 Owner's Representative-Engineer to serve as ........ 9.1 Owner's Responsibilities-in general .,.,................ 8 Owner's Separate Representative at site '.......,.,.... 9.3 I I I I Partial Utilization ......................,........... 14.10 Partial Utilization-Jerinition of ....,.................... 1 Partial Utilization-Property Insurance............... 5.15 Patent Fees Jnd Royalties ............................ 6.12 Payments. Recommendalionof ...........14.4-14.7.14.13 Payments to c..Jntractor-in general ".................. 14 I I Payments 10 Contractor-when due ........... 14.4. 14.13 PaymenLS 10 ContraCtor-withholding ................ 14.7 Performancc and orner Bonds ..................... 5.1-5.2 Permits. .. . . . . . . . . . . . . . . .. . .. . . . .. .. . . .. ...... . ..... .. 6.13 Physic:u Conditions ................................... 4.2 Physic:u Conditions-Engineer's review ............. 4.2.4 Physical Conditions-cxisting strUctures... .. ...... .. 4.2.2 Physical Condition.s-explorations and reportS. .. .. .. 4.2.1 Physical Conditions-possible document change ..... 4.2.5 Physic:u Conditions-price and time adjustments .... 4.2..5 Physical Conditions-report of differing ............. 4.2.3 Physical Conditions-Underground Facilities .......... 4.3 ?reconstruction Conference ........................... 2.8 Preliminary Matters ..................................... 2 Premises. Use of ................................ 6.16-0.18 Price. Change of Contract .............................. II Price-Contract-definition of ............................ I Progress Payment. Applications for. .. .. .. .... . . . . .. .. 14.2 Progress Payment-retainage ......................... 14.2 Progress schedule ............... 2.6. 2.9. 6.6. 6.29. 15.2.6 Project-definition of .................................... I Project Representation-provision for ................. 9.3 Project Representative. Resident-definition of ..'....... I Project. Starting the ,.............................,.... 1.4 Property Insurance ............................... 5.6-5.13 Property Insurance-Partial Utilization ............... 5.15 Property Insurance-Receipt and Application of Proceeds .."............................... 5.12-5.13 Protection. Safety and ........................... 6.20-0.21 Punch list ........................................... 14.11 Recommendation of Payment.................. 14.4. 14.13 Ret:ord Documents ................................... 6.19 Reference Points ...................................... 4.4 Regulations. Laws and ............................... 6.14 Rejet:ting Defective Work ............................. 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not E.'tclusive .............................17.4 Removal or Correction of Defective Work ........... 13.11 Residenl Project Represent3tive-definition of ...,....... I Resident Project Representative-provision for.. .,.... 9.3 Responsibilities. eontractor's-in general ............... 6 Responsibilities. Engineer's--in general ................. 9 Responsibilities. Owner's-in general.................... 8 Retainage ............................................ 14.2 Reuse of Documents .................................. 3.5 Rights of Way ......,................,................. ~.I Royalties. Patent Fees and ....,...................... 6.12 Safety and Protection ....... 6. 20-6 . 21, 18 . 1-18 . 2 Samples ......................................... 6.23-6.28 Schedule of progress ........ 2.6.2.8-2.9.6.6.6.29. 15.2.6 Schedule of Shop Drawing submissions. .... ................. 2.6.2.8-2.9.6.23. 14.1 Schedule of values ...................... 1.6. 2.8-2.9. 14.1 Schedules. Finalizing .................................. 2.9 Shop Drawings and Samples. ,. ...........,...... 6.23-6.28 Shop Drawings-Jerlnition of . .... ....................... I Shop Drawings. use to approve substjtutions ...,.................................. 6.7.3 5 I I Site. Visits lo-OY Engineer ........................... 9.2 Specitications-detinition of ............................. I Starting Construction. Before..... ~ . ... .. ....... . .. 2.5-2.8 Starting tile Project.............. ~..................... 2.4 Stopping Woric-by ContraCtor....................... 15.5 Stopping Work-by Owner .......................... 13.10 SubcoDtractor-definitioD of ............................. I Subcontractors-fn general....................... 6.s.<>.ll SubcontraCts-requircd provisions ............ 5.11.1. 6.11 11.4.3 Substantial Completion-certitication of .............. 14.8 Substantial Completion--detinition of .............. . . . . .. 1 Substitute or . 'Or-Equal" Items ....................... 6.7 Subsurface Conditions. . . . . . ... .. .. . . . . ......... ... 4.2-4.3 Supplemental costs ................................. 11.4.5 Supplementary Condition~etinition of ................ 1 Supplementary Conditions-principal references to .. 2.2.4.2.5.1.5.3.5.6-5.8.6.3.6.13.6.23. 7.4.9.3 Supplementing Contract Documents ............... 3.4-3.5 Supplier-definition of . . . . . . .. . . . . . . . . . .. .. . .. . .. . . .. . ... I Supplier-principal references to .,. 3.6.6.5.6. 7-fJ.9. 6.20. 6.24.9.13.9.16. 1l.8. 13.4. 14.12 Surety-<=onsent to payment.................. 14.12. 14.14 Surety-Engineer has no duty to ..................... 9.13 Surety-noticeto ..........................10.1.10.5.15.2 Surety-qualitication of ........................... 5.1-5.2 Suspending Work.. by Owner ......................... 15.1 Suspension of Work and Termination-in general....... 15 Superintendent-Contractor's ......................... 6.2 Supervision and Superintendence.,................ 6.1-fJ.2 I I I I I I I I I Taxes-Payment by ContraCtor.. .. .. . .. . ... ... .. .. ... 6.15 Tennination--by Contractor.......................... 15.5 Termination-by Owner......................... 15.2-15.4 Termination. Suspension of Work and-in general...... IS Tests and Inspections ........................... 13.3-13,7 Time. Change of Contract .............................. 12 I I I I I I I I Time. Computation of ................................17.2 Time. Contract-definition of .... . . . .. . ... . .. . .. . . . . ..... I Uncovering Work............................... 13.8-13.9 U nderground Facilitie~efinition of .................... 1 Underground Facilities--not shown or indicated..... 4.3.2 Underground Facilities-protection of ........... 4.3.6.20 Underground Facilities-shown or indicated......... 4.3.1 U nit Price W oric-definition of .......................... I Unit Price Work-general .................11.9.14.1.14.5 U nit Prices ......................................... J 1.3.1 U nit Prices. Determinations for... .. . . . . .. . . .. . . .. .... 9.10 Use of Premises ................................. 6. J (Hi. 18 Utility owners .......................... 6.13.6.20. 7.2-7.3 Values. Schedule of ......................... 2.6.1.9. 14.1 Variations in Work-Authorized............ 6.25.6.17.9.5 Visits to Site-by Engineer............................ 9.2 Waiver of Claims-<ln Final Payment................ 14.16. Waiver of Rights by insured panies ............, 5.10.6.11 Warranty and Guarantee-by Contractor............. 13.1 Warrantv of Title. Contractor's ....................... 14.3 Work. Access to ..................................... 13.2 Woric-by others ........................................ 7 Work Continuing During Disputes .................... 6.29 Work. Cost of ..,................................ 11.4-11.5 Woric-detinition of ..................................... I Work Directive Change-detinition of ................... I Work Directive Change-principal . references to ............................ 3.4.3. 10.1-10.2 Work. Neglected by Contractor... ............. ..... 13.14 Work. Stopping by Contractor........................ 15.5 Work. Slopping by Owner....................... 15.1-15A Written Amendmenl-detinition of ...................... I Written Amendment-principal references 10 ..................... 3.4.1. 10.1. 11.2. 12.1 6 I I GENERAL CONDiTIONS .-\RTICLE I-DEFINITIONS I I Wherever used in these General Conuitions or in the other Contract Documents the following terms have the meanings indicateu which are applicable to both the singular and plural thereof: I :~Jdl.'nda-Written or graphic instruments issueu prior to the opening of Bids which clarify. correct or change the bidding documents or the Contract Documents. I Agreel1lt'lII- The written agreement between OWN ER and CONTRACTOR covering the Work to be pen'ormed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein. I Applicatio/l .Ii)r Pa.\'IIlellf- The form accepted by ENGI- ~ EER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting do..:umentallon as is required by the Contract Documents. I I Bid-The otTer or proposal of the bidder submitted on the prescribed form setting fOrlh the prices for the Work to be performed. I BO/lds-Bid. performance and payment bonds and other instruments of security. I Change Order-A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition. deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time. issued on or atter the Effecti\'e Date of the Agreement. I COil tract DOl'lIl1//!lltS- The Agreement. Addenda I which per- tain to the Contract Documents). CONTRACTOR's Bid (including documentation accompanying the Bid and any post- Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement. the Bonds. these General Conditions. the Supplementary Conditions. the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement. together with all amend- ments. modifications and supplements issued pursuant to paragraphs 3.~ and 3.~ \'n or after the Effective Date of the Agreement. I I I I C vntruet Priet'- The moneys payable by OWN ER to CON- TRACTOR under the Contract Documents as stated in the Agreement \ subject to the provisiuns of paragraph 11.9. I in the case of Unit Price Work>. I C<i/ltI'llCI Till/e- The number of days I computed as provided in par:igraph 17.:~) or rhe date stated in the Agreement for the compktion of the Work. I CONTRA CTOR- The person. nrm or corpor.ltion with whllm OWN ER has entered into the A~n:ement. I Jl!feclil'e-An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. or does not conform to the Contract Documents. or does not meet the requirements of any inspection. reference standard. test or approval referred to in the Contract Documents. or has been damaged prior to ENGINEER's recommendation of final payment I unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.IOL Drull'illgs- The drawings which show th~ character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are reierred to in the Con- tract Documents. Effeclil'/! Date of lire A.lfreemell!- The date indicated in the Agreement on which it becomes dfective. but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. E.\iGIN EER- The person. firm or corporation named as such in the Agreement. Field Order-.-\ written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. Gt!lIeral Requiremenrs-Sections of Division 1 of the Speci- fications. Lall's and Regulations: Lall's or Regulations-Laws. rules. regulations. ordinances. codes and/or orders. Svtice of AII'ard-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified. OWNER will sign ami lieii\~r the A.greement. .,,"uliee ru Prucl!t'J-A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which th~ Contract Time will commence to run and on which CONTRACTOR shall start to ~erform CONTRAC- TOR'S obligations under the Contract Documents. OWNER-The public body or authority. corporation. asso- ..:iation. rirm or person with whom CONTRACTOR has entered into the .-\greement and for whom the Work is to be provided. Parriall,;'lili:atiu/l-Placing a portion of the Work in ser\'ice for the purpose for which it is intended (or a related purpose I before reaching Substantial Completion for all the Wurk. Projeel- The total construction of which the Work to be provided under the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents. R,'siJ/!IIt Pn>;nt Reprt'.H'/lllltil't'- The authorized represen- tative of E~G IN EER whu is assigned to the site or any part thereof. 7 I I Shop Drawings-All drawings. diagrams. illustrations. schedules and other data which are specifically prepared by orfor CONTRACTOR to illustrate some portion of the Worle and all illustrations. brochures. standard schedules. perfor- mance chans. instructions.- diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. I I Sp~cifications-Those ponions of the Contract Documents consisting of written technical descriptions of materials. equipment. const!''Uction systems. standards and workman- ship as applied to the Work and ceruin administrative details applicable thereto. I I Subcontractor-An individual. firm or cOI?oration having a direct contract with CONTRACTOR or with any other Sub- contractor for the periormance of a pan of the Work at the site. I SubsraflliaJ Compi~tion- The Worle (or a specified pan thereot) has progressed to the point where. in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion. it is sufficiently complete. in accordance with the Contra.ct Documents. so that the Work (or specified pan) can be utilized for the purposes for which it is intended: or if there be no such certificate issued. when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comple- tion thereof. I I I I Supp'em~nlary Conditions-The pan of the Contract Docu- ments which amends or supplements these General Condi- [ions. I Supplier-A manufacturer. fabricator. supplier. distributor. materiaiman or vendor. I Underground Facilities-All pipelines. conduits. ducts. cables. wires. manholes. vaults. tanks. tunnels or other such facilities or attachments. and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity. gases. steam. liquid petroleum products. telephone or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or water. I I Unir Price Work-Work to be paid for on the basis of unit prices. I Work-The entire completed construction or the various sep- arately identifiable pans thereof required to be furnished under the Contract Documents. Work is the result of per- forming services. furnishing labor and furnishing and incor. porating materials and equipment into the construction. all as r~.q:;ired by the Contract Documents. I I Work Directiv~ Change-A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommenced by ENGINEER. I ordering an addition. deletion or revision in the Wort. or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragr'aJ)h 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time. but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect. if any. on the Contract Price or Contract Time as provided in paragraph 10.1. Wrirren Am~ndm~nr-A written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and nonnally deal- ing with the nonengineering or nontechnical rather than suict1y Work-related aspects of the Contract Documents. ARTICLE 2-PRELL\UNARY MATIERS Deuvery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree. ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of DocumelllS: 2.1. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished. upon request. at the cost of reproduction. CommencemelU of Conrrfll:t Time: i'liocU:e 10 Proceed: 1.3. The Contract Time will commence to run on the thinieth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thiny days after the Effective Date of the Agree- ment. In no event will the eontract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thinieth day after the Effective Date of the Agreement. whichever date is earlier. SlIUting the Project: 2.4. CONTRACTOR shall stan to perform the Work on the date when the Contract Time commences to run. but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before SlIUting Construction: 2.5. Before undenaking each pan of the Work. CON- TRACTOR shall carefully study and compare the ContractDocuments and check and verify peninent figures shown 8 I I thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict. error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby: however. CONTRACTOR shall not be lia. ble to OWNER or ENGINEER for failure to report any conflict. error or discrepancy in the Contract Documents. unless CONTR.-\CTOR had actual knowledge thereof or should reasonably have known thereof. I I I 2.6. Within ten days after the Effective Date of the .o1,gree. ment f unless otherwise specified in the General Require. ments). CONTRACTOR shall submit to ENGINEER for I review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: I I 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and I 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. I I 2.7. Before any Work at the site is 5tarted. CONTRAC- TOR shall deliver to OWNER. with a copy to ENGINEER. certificates I and other evidence of insurance requested by OWN ERI which CONTRACTOR is reqUired to purchase and maintain in ;l.;cordance with para~raohs 5.3 and 5.-+. and OWNER shall deliver to CONTRACTOR certiricates land other evidence of insurance requested by CONTRACTORl which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5,7. I I I PrtConstTuct;on Conference: 2,3. Within twenty days after the Effective Date of the Agreement. but before CONTRACTOR starts the Work at the site. a conterence attended by CONTRACTOR. ENGI- NEER :lOd lllhers as appropriate will be held to discuss the schedules rer'erred to in paragraph 2.6. to discuss procedures for handling Shop Drawings and other submittals and for processing :\pplications tor Payment. and to establish a working understanding among the parties as to the Work, I I I Finali:ing Schedules: 2.9. .-\[ le~lSt ten da\'s before submission of the tirst Appli- cation for P;\\'ment a conference attended by CONTRAC- TOR. ENGINEER and others as appropriate will be held to tinalile th~ '..::.eJuk~ submitteJ in ~l\:;;ori.lance \lith para- I I graph 2.6. The finalized progress schedule will be acceptable [0 ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable [0 ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to EN G IN EER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: I:--JTE:-JT. AMENDING. REUSE / nttnl: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereon to be con- structed in accordance with the Contract Documents. Any Work.. materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association. or to the Laws or Regulations of any governmental authority. whether such reference be specinc or by implication. shall mean the latest st:1nd:1rd specincation. manU:11. <.:ode or Laws or Regulations in effect at the time oi opening oi Bids (or. on (he Effective Date ot' the Agreement if there were no Bids). except as may be otherwise specifically stated. However. no provision of any reierenced standard specification. manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER. or any of their consuitants. agents or employ- ees from those set forth in the Contract Documents. nor shall it be effective to ".ssign to ENGINEER. or any of ENGI. :--JEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or pert'ormancc: of the Work or any duty or authority to unJenake responsi- bility contrary to the provisions of paragraph 9.15 or ':1.16. Clarifications and interpretations of the Contract Documents ~hall be issued by E;-.lGINEER as provided in paragraph 9'-+. J,3. If. Juring the performance of the Work. CONTRAC- TOR finds a conrtil:l. error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at once anJ before proceeding with the Work atTccted thereby ~hall obtain a wrinen interpret:llion or c1aritication I} I Irom ENGINEER: however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any ICOntlict. error or discrepancy in the. Contraet Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have'lcnown thereof. JI1UNiing and SuppJemellling ConlTtU:t DoctmUlIlS: 3.4. The Contract Documents may be amended to pro- IVide for additions. deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: I 3-4.1. a formal Written Amendment. 3-4.2. a Change Order (pursuant to paragraph 10.4l, or I 3A.3. a Work Directive Change (pursuant to para- graph 10.ll. IAS indicated in paragraphs 11.2 and 12.1. Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. I 3..5. In addition. the requirements of the Contract. Docu- ments may be supplemented. and minor variations and devia- tions in the Work may be authorized. in one or more of the I following ways: 3..5.1. a Field Order (pursuant to paragraph 9.5). I 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27). or I 3,5.3. ENGINEER's wrinen interpretation or clarifi- cation (pursuant [0 paragraph 9.4). I Reuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization perfonning or fur- n~hing any of the Work under a direct or indirect contract I with OWNER shall have or acquire any title to or ownership rightS in any of the Drawings. Specifications or other docu. ments (or copies of any thereoO prepared by or bearing the I seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. I I ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS A vailabiiiry of lAnds: I 4.1. OWNER shall furnish. as indicated in the Contract Documents. the lands upon which the Work is to be per. formed. rights-of.way and easements for access thereto. and I . . such other lands which are designated for the use of CON- TRACTOR. Easements for permanent structures or penna- nent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands. rights-of-way or ease- ments entitles CONTRACTOR to an extension of the Con- tract Time. CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shalL provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. PhysicDi Coruiit:Wns: 4.2.1. Explorations and Reports: Reference is made to the SupplementarY Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports. but not upon nontechnical data. interpreta- tions or opinions contained therein or for the completeness thereof for CONTRACTOR's pUfl)oses. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Existing Structures: Reference is made to the SupplementarY Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the complete- ness [hereof for CONTRACTOR's purposes. E:<cept as indicated in the immediately preceding sentence and in paragraph 4.2.6. CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures, 4.2.3. Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC. TOR is entitled to rely as provided in paragraphs 4.2.1 and 4,2.2 is inaccurate. or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated. reftected or referred to in the Contract Docu- ments. CONTRACTOR shall. promptly after becoming aware thereof and before performing any Work In connection therewith (except in an emergency as permitted by para- graph 6.211. notify OWNER and ENGINEER in writing about the inaccuracy or difference. 10 I I .J.2.4. E.VGINEER's Rel'iell': E:-IGINEER will promptly review the pertinent conditions. tletennine the necessity ot obtaining additional t::\plor:ltions or tests with respect thereto and advise OWN ER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. I I ~.2.5. Pouihle Document Cllanrte: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required. a Work Directive Change or a Change Order will be issued as provided in Article 10 to rerlect :lOd document the consequences of the inaccuracy or difference. I I ~.2.6. Pouihle Price and Tillie Adjustments: In each such case. an increase or decrease in the Contract Price or an extension or shortening oi the Contract Time. or any combination thereof. will be allowable to the extent that they are attributable to any such inaccuracy or oifference. If OWN ER and CONTRACTOR are unable to agree as to the amount or length thereof. a claim may be made therefor as provided in Articles 11 and 12, I I I Physical Condirions-CI/derground Faci/mes: ~.3.1. 5110ll'n ur Indicated: The infonnation and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on infonnation and data furnished to OWNER or ENG IN EER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: I I ~,3.1.\. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. I I .U.1.2, CONTRACTOR shall have full responsi- bility ior reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents. for coordina- tion of the Work with the owners of such Underground Facilities during construction. for the safety and pro- tection thereof as provided in paragraph 6,20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been includetl in the Contract Price. I I I ~.J.2. NOl 5hol\'I/ or II/diecued. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or intlic:lled in the Contract Documents and which CONTRACTOR coultl not reason- ably have been e:~pected to be aware of. CONTRACTOR shall. promptly aftt:r becoming aW:.Ire thereof :.Ind before performing any Work affected thereby lexcept in an emer- gency as permiHed t-v paragraph 6.2::l. identify the owne:r of such Um,krgrounJ Facility and give: written notice thereof to that owne:r and III OWNER anti ENGINEER. ENGI- ~EER \\ill rromp[h' re:view [he L:nJagrounJ Facilit\' to I I I detennine the extent to which the Contract Documents should be motlified to reflect and tlocument the conse- " quences of the existence of the Underground Facility. and the eontract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC. TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time. or both. to the extent that they are attributable to the t'~istence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. Reference Points: ~.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the Gt:neral Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER- CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such ref. erence points by professionally qualified personnel. ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish pet1'ormance and pay- ment Bonds. each in an amount at least equallO [he Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due. except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in tht: current list of "Com. panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Rt:insuring Com- panies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certirled .:opy of the authority to act. 5.2, If the surety on :.Iny Bond furnished by CONTRAC- TOR is declaretl a bankrupt or becomes insolvent or its right tlJ do business is terminatetl in any state where any part of II I 1 the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five days I thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. . I COnlr'tlClDrS Li.abiliJy Jnsunmce: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is I appropnate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's perfor- mance and furnishing of the Work and CONTRACTOR's I. other obligations under the ContraCt Documents. whether it is to be pert'ormed or furnished by CONTRACTOR. by any Subcontractor. by anyone directly or indirectly employed by any of them to perform or furnish any of the Work. or by I anyone ior whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compen- sation. disability benefits and other similar employee ben- efit acts; I I 5.3.!. Claims for damages 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 other than CONTRACTOR's employees; I 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained lal by any person as a result of an offense directly or indirectly related to the employment of sucn person by CONTRACTOR. or (bl br any other person for any other reason: I 5.3.5. Claims for damages. other than to the Work itself. because of injury to or destruction oi tangible prop- erty wherever located. including loss of use resulting therefrom: I I 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property; and I 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. maintenance or use of any motor vehicle. I The insurance required by this paragraph 5,3 shall include the specific coverages and be wntten for not less than the limits of liability and coverages provided in the Supplemen- I tary Conditions. or requir;d by law. whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur- ance so required to be purchased and maintained lor the I certificates or other evidence thereot) shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled. matenally changed or renewal refused until at least I thirty days' pnor wntten notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacing defecrive Work in accordance with paragraph 13.12. In addition. CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Co1llra.t:tU.lll Li.abilily J nsurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR' s obligations under paragraphs 6.30 and 6.31. Owrurs Liabilily Jnsurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and. at OWNER's option. may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents. Properry Jnsurance: 5.6. Unless otherwise provided in the Supplementary Conditions. OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations l. This insurance shall include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER and ENGINEER's consultants in the Work. all of whom shall be listed as insureds or additional insured parties. shall insure against the penis of fire and extended coverage and shall include "all nSK" insurance for physical loss and damage including theft. vandalism and malicious mischief. collapse and water damage. and such other penis as may be provided in the Supplementary Conditions. and shall include damages. losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers. architects. attorneys and other professionals\. If not covered under the "all nsk" insurance or otherwise pro- vided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and ofT the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7, OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR. Subcontractors, ENGINEER AND ENGINEER's consult3nts in the Work. all of whom shall be listed as insured or additional insured parties. 12 I I 5.8. All the policies of insurance lor the certificates or other evidence thereot) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5,7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. I I I 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub- contractor or others suffering any such loss and ifany of them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's own expense. I I I 5,10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance pol- icy. OWNER shall. if possible. include such insurance. and the cost thereof will be charged to CONTRACTOR by appro. priate Change Order or Written AmendmenL Prior to com- mencemenc of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER, I I Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. E~GI- ~EER. E:-JGI:-IEER's consultants :lna all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6,11. .:ach subcon- tract between eONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER. CONTRACTOR. ENGINEER. ENGI- N EER' s consultants and all other panies named as insureds. :-Jone or' the above waivers shall extend to the rights that any of the insured parties may have to the proceeds 1,)[ insurance held by OWNER as trustee I,)r otherwise pay. able under any policy so issued. I I I I I I 5,11.2. OWNER and CONTRACTOR intend that any pl,)licies provided in response to par.lgraphs 5.6 and 5,7 shall prote\:t alll,)f the parties insured and provide primary CI.l\'erage fl,)r all losses and damages \:aused by the perils cl,)\'ered thereby. A~cordingly, all such poli\:it.:s shall con- tain provisillns to (ht.: dfect that in (he event 0r' paymeOl 1,)[ any loss 0r dam;!!:!e the insurer will have n0 rights llr' re\:o\'c:ry againsl an\" or' [he partit.:s namt.:d as insureds llr aJJiti0nal insureds. .lOd if the insurt.:rs rt.:4uire separ.lle wai\"er forms [0 be signed by ENGINEER 0r ENGI- :-<EER's I.:t'nsult:.ln( OW:"JER will 'l/:'1rain (he same. and if I I I such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same. ReCtipl 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 to OWNER as trustee for the insureds. as their interests may appear. subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received. and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced. the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5,13, OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after' the occurrence of loss to OWNER's exercise oi this power. If such objection be made. OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest. OWNER as trustee shall. upon the occurrence of an insured loss. give bond for the proper per- formance of such duties. Acceplanct of Insurance: 5,14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reql.:ired to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5,4 on the basis of its not complying with the Contract Documents. OWNER shall notify CON- TRACTOR in writing thereof within ten days of the date oi delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage alforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not. complying with the Contract Documents. CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to eON- TRACTOR in accordance with paragraph 2.7, OWNER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial (.'tiii:alion-Properr)" Insurance: 5.15. If OWNER tinds it tl~cessary to o\:cupy or use a ponion or portions 0f the W0rk prior to Substantial Comple- tion of all the Work. such use: or occupancy may be accom- rlished in ac\:ordanl.:': with paragraph 14.10: provided that no 13 I I such use or occupancy shall commence beiore the insurers prov;ding the property insurance have acknowledged notice thereoi and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies. but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. I I I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES I SUfHrvision and Superinuruience: 6.1. CONTRACTOR shall superv;se and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expenise as may be necessary to perlonn the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the' means. methods. techniques. sequences and procedures oi construction. but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means. method. technique. sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. I I I I 6.1. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall noe be replaced wiehoue written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority co act on behalf of CON- TRACTOR. All communications given to the superintendene shall be: as binding as if given co CONTRACTOR. I I I Wor. MaurUzis and Equipment: 6.3. CONTRACTOR shall provide competent. suitably qualified personnel to survey and layout the Work and per- fonn construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto. and except as otherwise indicated in the Contract Documents. all Work at the site shall be perfonned during regular working hours. and CONTRACTOR will not pennit overtime work or the perfonnance of Work on Sat- urday. Sunday or any legal holiday without OWNER's writ- len consent given after prior written notice to ENGINEER. I I I I 6.4. Unless otherwise specified in the General Require. ments. CONTRACTOR shall furnish and assume full respon. sibiliey for all materials. equipment. labor. transportation. construction equipment and machinery. tools. appliances. fuel. power. light. heat. telephone. water. sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing. perfonnance. testing. stan-up and completion of the Work. I I 6.5. All materials and equipment shall be of good quality and new. except as otherwise provided in the Contract Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied. installed. con- nected. erected. used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will be effective to assilUl to ENGINEER. or any of ENGINEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or perlonnance of the Work or any duty or author- ity to undertake responsibility contrary to the provisions of paragraph 9.15 or 9. 16. Adjusting Progrell Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance Ito the extent indicated in paragraph 2.91 adjust- ments in the progress schedule to reflect the im?act thereon of new developments: these win confonn generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substimulor "Or-EqU4l" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type. function and quality required. Unless the name is followed by words indicating that no substitution is pennitted. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient infonnation is submitted by CONTRACTOR to allow ENGINEER to detennine that the matenal or equipment proposed is equivalent or equal to that named. The procedure for review by ENGlNEER will include the fOllowmg as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRAcrOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof. certifying that the proposed substitute will perfonn ade- quately the functions and achieve the results called for by the general design. be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any otht>7" direct contract with OWNER for work on the Project) to adapt the design to the proposed substitut.e and whether or not incorporation or use of the substitute in connection with the Work is subject to payment ot' any I1cense iee or 14 I I royalty. All variations or' [he proposed substitute from that specified will be identlried in the application and available maintenance. repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs that will result directly or indirectly from acceptance or' such substitute. including costs of redesign and claims of other contractors affected by the resulting change_ all of which shall be considered by ENGINEER in evaluating the proposed substitute, E!'IGINEER may require CONTRACTOR [0 furnish at CONTRACTOR's expense additional data about the proposed substitute. I I I 6. i.2. If a specific means. method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may r'urnish or utilize a substitute means. method. sequence. technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by E>JGINEER will be similar to that orovided in paragraph 6. i. I as applied by E!'IGINEER and as may be supplemented in the Gen- eral Requirements. I I I I 6.i.3. E>JGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability. and no substitute will be ordered. installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by E!'IGINEER and ENGINEER's consultants in eva:uating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges or' ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. I I I I I Concerlling Subcontractors. Suppliers and Others: 6,8.1. CONTRACTOR shall not employ an\' Subcon- tractor. Supplier or other person or organization t including those al.:ceptable to OWNER and ENGINEER as indi- cated in paragraph 0.8.2). whether initially or as a substi- tute. against whom OWNER or ENGINEER may hn\'e rensonnble objection. CONTRACTOR shall not be required to employ any Subl.:ontractor. Supplier or other person ~lr organization to furnish or per1'orm any of the Work against whom CONTRACTOR has reasonable objectillO. 6.S.:!. If the Supplementary Conditions require lhe identity of l:ertain Subcontractors. Suppliers or other per- sons (j!'nrganizatil1ns I including rhose who are ll> furnish the principal items llf materiuls and equipment) [0 be SU[1- mitted to OWN ER in advance of the specified date prior to {he EfT':l:tive Dat.: of the .~greement for aCI:.:otance [1\ I I I I I OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. OWN ER's or ENG IN EER's accept- ance (either in writing or by fniling to make written objec- tion thereto by the date indicnted for acceptance or objec- tion in the bidding documents or the Contract Documentsl of any such Subcontractor. Supplier or other person or organization so identified mny be revoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR shall submit an acceptable substitute. the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver ofany right of OWN ER or ENGI- NEER to reject def(!('r;I'(! Work. 6.9. CONTRACTOR shall be fully responsible to OWNER :lnd ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to payor to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10, The divisions and sections of the Specificntions and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work [0 be performed by any specific trade. 6. II. .~II Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable termS and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTO R shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to pnr.lgraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shnll pay all license fees and roy- alties and assume all COSlS incident to the use in [he perfor- mance of the Work or the incorporation in the Work of any invention. design. process. product or device which is the ~l1[1.iect of patent rights or I:Opyrighls hc:ld [1y olhers. If a particular invention. design. process. product or device is specified in the Contract Documents for use in the perfor- mance ofthc: Work and if to the actual knowledge ofOW~ER 15 I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license iee or royalty to others. the existence of sucb rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and . ENGINEER and anyone directly or indircc:tiy employed by either of them from and against all claims. ~. losses and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incOT'pOraUon in the Work of any invention. design, process. product or device not spec:ifi.eQ in the Contract Documents. and shall defend all such claims in connection with any alleged infringement of such rights. I I I I I Pemrils: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- struction pennits and licenses. OWNER shall assist CON- TRACTOR. when necessary, in obtaining such pennits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable at the time of opening of Bids. or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- neetions to the Work. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. I I I I LAws and ReguUuiDru: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and perfonnance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. I I 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR perfonns any Work knowing or having reason to know that it is contrary to such Laws or Regulations.. and without. such notice to ENGINEER. CONTRACTOR shall bear all costs arising therefrom: however. it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. I I I I razes: I 6.15. CONTRACTOR shall pay all sales. consumer. use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulalions of lhe I place oi the Project which are applicable during the perfor- mance of the Work. Un of PnmUes: 6.16. CONTRACTOR shall confine construction equip- ment. the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permined by the Contract Documents and other land and areas pennined by Laws and Regulations. rights- of-way. pennits and easements. and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area. or to the owner or occupant thereof or of any land or areas contig- uous thereto. resulting from the performance of the WOB. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly anempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law, CONTRACTOR shall. to the fullest extent pennined by Laws and Regulations. indemnify and hold OWNER and ENGINEER harmless from and against all claims. damages. losses and expenses (including. but not limited to. fees of engineers. architects. attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action. legal or equi- table. brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising OUt of CONTRACTOR's perfonnance of the Work. 6.17, During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials. rubbish and other debris resulting from the Work.. At the completion of the Work CONTRACTOR shall remove all waste malerials. rubbish and debris from and about the premises as well as all tools. appliances. construction equip- ment and machinery. and surpius materials. and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition ail propeny not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documenu: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Written Amendments. Change Orders. Work Directive Changes. Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during con- struction. These record documents together with all approveQ samples and a counterpart of all approved Shop Drawings will be available lO ENGINEER for reference. Upon com- 16 I I pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER. I Sa/try and Prottction: 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to: I I I 6.20.1. all employees on the Work and other persons and organizations who may be alTected thereby: I 6.20.2. all the Work and materials and equipment to be incorporated therein. whether in storage on or off the site: and I 6.20.3. other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. road- ways. structures. utilities and Underground Facilities not designated for removal. relocation or replacement in the course of construction. I CONTRACTOR shall comply with all applicable Laws and Regulations or any public body having jurisdiction for the safety of persons or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may alTect them. and shall cooperate with them in the pro- tection. removal. relocation and replacement of their prop- erty, .~[I damage. injury or loss to any property referred to in paragraph 6.:0.: or 6.20.3 caused. directly or indirectl\'. in whole or in part. by CONTRACTOR. any SubcontractOr. Supplier or any other person or organization directly or indi- rectly employed by any of them to pen.orm or furnish any or' the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable. and not attributable. directly or indi- rectl\". in whole or in pan. to the fault or negligence of CO~- TRA'CTORl. CONTRACTOR's duties and responsibilities for the sat't:ty and protection of the Work shall cllntinue until such time as all the Work is completed and ENGI:-.lEER has issued a notice to OWNER and CONTRACTOR in accord- ance with pamgraph 1~.13 that the Work is acceptable lexcept as otherwise expressly provided in connection with Substan- tial Completionl. I I I I I I I I b.~ I, CONTRACTOR sh.lIl design.lle a respl'nsibk rt:p- res~nl;jcive: ;il the: ,ite: whose duc\' ,hall be the rr':"~ntilln ,,( accllkncs. This pe:rson shall be: CONTRACTOR's superin- cenue:nt unkss lltherwise: ues;gnaced in writing by CO;\;- TRACTOR III OW'iER. I I Emtrgtncits: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. eONTRACTOR. without special instruction or authorization from ENGINEER or OWNER. is obligated Co act to prevent threatened damage. injury or Joss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes chat any significant changes in the Work or variations from the Contract Documents have been caused chereby. IfENGI- NEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency. a Work Directi ve Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Sampks: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements. CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para-' graph ::.9l. or for other appropriate action if so indicated in the Supplementary Conditions. five copies lunless otherwise specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission, All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities. dimen- sions. specified performance and design criteria. materials and similar data to enable ENGINEER to review the infor- mation as required. 6,24. CONTRACTOR shall also submit to E).IGI;-.IEER for review and approval with such prompcness as [0 cause no delay in Work. all samples required by [he Cllntract Doc- uments. All samples will have been checked bv and accom- panied by a specific written indication [hat CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material. S4Pplier. pertinent data such as catalog numbers and the use for '....hich intended. 6.::5,1. Before submission of t:ach Shop Drawing or sample CONTR.~CTOR shall have decermined and veri- fied all quantities. dimensions. specified performance cri- teria. installation requirements. materials. catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or s(!mple with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.:. At the time llf each submission. CONTR.4.C- TOR shall eive E:-.lGIN EER speciric written nOlice llt"each variation that lhe Shop Drawings or samples may have from the requirements lIt" the CllOtract Documents. and. in additilln. shall cause ;1 snecitic nOlatilln tll he made un 17 I I each Shop Drawing submitted to ENGINEER for review and approval of each such variation. I 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples. but ENGI. NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means. methods. techniques. sequences or procedures of construction (except where a specific means. method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions, CON- TRACTOR shall make corrections required by ENGINEER. and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous subminals. 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 writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.2 and ENGL'lEER has given written approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval: nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25. I. I I I I 6.28. Where a Shop Drawing or sample is required by the Specifications. any related Work pen'ormed pnor to ENGI- NEER's review and approval of the pertinent submission will be the sole expense and responsibility ot' CONTRACTOR. I I Colllinuing t.he Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements. except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. I I I ruJ.emn~aIion: 6.30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants. agents and employees from and against all claims. damages. losses and expenses. direct. indirect or consequential (including but not limited to fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs) aris- ing out 01 or resulting from the performance of the Work. I I I provided that any such claim. damage. loss or expense (a) is attributable to bodily injury. sickness. disease or death. or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in pan by any negligent act or omission of CONTRACTOR. any Subcontractor. any person or organization dirccdy or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. regardless of whether or not it is caused in pan by a pany indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such pany. 6.31. In any and all claims against OWNER or ENGI. NEER or any of their consultants. agents or employees. by any employee of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages. compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER. ENGINEER's consultants. agents or employees arising out of the preparation or approval of maps. drawings. opinions. reports. surveys. Change Orders. designs or specifications. ARTICLE 7-OTHER WORK Rewed Work al Sile: i .1. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces. have other work performed by utility owners or let other dire(;t contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Docuriu:nts. written notice thereof will be given to CONTRACTOR prior to starting any such other work: and. if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the panics are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER. if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and th0 ")cecution of such work. and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several pans come together propcriy and integrate with such other work. CON- 18 I I TRACTOR shall not endanger any work or others by cutting. e~cavaung or otherwise altering their work and will only cut or alter their work with the written consent 01 ENGINEER and the others whose work will be affected. The duties and responsibilities'of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the ex.tent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWN ER and such utility owners and other contractors. I I I 7.J. If any part of CONTRACTOR's Work depends for proper e:~ecutjon or results upon the work of any such other contractor or utility owner (or OWNER>. CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays. defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as tit and proper for integra- tion with CONTRACTOR's Work except for latent or non- apparent defects and deticiencies in the other work. I I I C oordinarion: I 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized. and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. I I I :\RTICLE 3-0WNER'S RESPONSIBILITIES I 8.1. OWNER shall issue all communications co CON- TRACTOR through ENGINEER. I 8.2. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta- tus under the Contract Documents shall be that of the former ENGINEER. :\ny dispute in connection with such appoint- ment shall be subject [0 arbitration. I I 8.3. OWNER shall furnish the data required of OWNER under [he Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. I 8.4. OWN ER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are sellorth in paragraphs 4. I and 4.4. Para- graph 4.2 relers 10 OWNER's identifying and making avail- able to CONTRACTOR copies of reports of exploralions and rests Ql,ub,UI1:\Ct: cl1nditions ae the sile and in t:~isting struc- I I lures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 1-'.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Owners Representative: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine. in general. if the Work is proceeding in accordance with the Contract Documents. E~GINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's dfofts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis oi such visits and on-site observations as an experienced and qualified design. profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Represe:ntative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authority of any such Resident Project Re:presentative and assistants will be as provided in the Suppleme:ntary Conditions. If OWN ER designates another agent to represent OWNER at the ~i,e who is not ENGINEER's agent or employee:. the dutie:s. responsibilities and limitations of authority of such other t"erson will he as provided in the Supplementarv Conditions. 19 I I I I I I I I I I I I I I I I I I I CLarijU:alions and IflUr71nllZliDns: 9.4. ENGINEER will issue with reasonable promptness such wrinen clariiications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. IfCONTIV\CTOR believes that a wrinen clariiication or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the panies are unable to agree to the amount or extent thereof. CONTIV\CTOR may make a claim therefor as provided in Article 11 or Article 12. AuJiwriud Yar.lU:ions ill Woti:: 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 shaH perform the Work involved promptly. if CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the panies are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective. and will also have authority to require special inspection onesting of the WorK as provided in paragraph 13.9. whether or not the WorK is fabricated. installed or completed. Shop Drawings. Change Orden and Paymenu: 9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Anicles 10. 1 J and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment. etc.. see Article 14. DeurmilUUions for Unil Pri&es: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen. dation of an Application for Payment or otherwise). ENGI. N EER' s Wntten decisions thereon will be final and binding upon OWNER and CONTIV\CTOR. unless. within ten days after the date of any such decision. either OWNER or CON- TRACTOR delivers to the other party to the A;;reement and to ENGINEER wrinen notice of intention to appeal from such a decision. D,cisions on DispllUs: 9. II. ENGINEER will be tile initial interpreter of the requirements of the Contract Documcnts and judgc of the acceptability of tilc Work tilereunder. Claims. disputes and othcr mancrs relating to the acccptability of the Work or the interpretation of the rcquirements of the Contract Documents pcrtaining to tile performance and furnishing of the W orlc and claims under Aniclcs 11 and 12 in respect of changcs in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. which ENGINEER will render in writing within a reasonable time. Written notice of each such claim. disputc and other maner will be delivcred by the claimant to ENGINEER and the other pany to the Agrecment promptly (but in no event later than thirty days) after the occurrence of the event giving rise tilereto. and written supporting data will be submitted to ENGINEER and the other pany within sixty days after such occurrence unless ENGINEER allows an additional period of time to asccrtain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9. iO and 9.11. ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendcring of a decision by ENGINEER pursuant to paragraphs 9. 10 and 9. J I with respect to any such claim. dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other matter. LimiI.alions on ENGINEER's ResponsibiJi.tUs: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhcre in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor. any Supplier. or any other person or organization performing any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms "as ordcred.....as directed..,..as required". "as allowed". "as approved" or terms of like effect or import are used. or the adjectives .. reasonable", .. suitable". .. acceptable". .. proper" or "satisfactory" or adjectives of like effect or import are used to describe a requiremcnt. direction. review or judgment of ENGINEER as to the Work. it is intended that such requirement. direction. review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unlcss there is a specific statement indicating othcr- wise/. The use of any such lerm or adjective shall not be 20 I I I I I I I I I I I I I I I I I I I effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. 9.15. ENGINEER will not be responsible for CON- TRACTOR's means. methods. techniques. sequences or pro- cedures of construction. or the safety precautions and pro- grams incident thereto. and ENGINEER will not be respon- sible for CONTRACTOR's failure to pen'orm or furnish the Work in accordance with the Contract Documents. 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor. any Supplier. or of any other person or organization pert'orming or furnishing any of the Work. ARTICLE IO-CHANGES IN THE WORK 10. 1. Without invalidating the Agreement and without notice to any surety. OWNER may. at any time or from time to time. order additions. deletions or revisions in the Work: these will be authorized by a Written Amendment. a Change Order. or a Work Directive Change. Upon receipt of any such document. CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent. if any. of an increase or decrease in the Contract Price or an extension or shonening of the Contract Time that should be allowed as a result of a Work Directive Change. a claim may be made therefor as providt:d in Article II or :\nJcle 12. 10.J. CONTRACTOR shall not be entitled to an increase in the Contract Price or an e.'Uension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended. modified and supple' mented as provided in paragraphs 3.4 and 3.5. except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shall exe\:ute appro- priate Change Orders tor Written Amendments) covering: 10.4.1. ~hanges in the Work which are ordered by OWN ER pursuant to paragraph 10. I. are required because: Llf a~ceptan.:e of dI!Jt-('ril'e Work under paragr.lpn 13.1.~ llr .::orre:cting d.:/t-cril'l! Work under pamgraph 13. I~. or arc: :.Igreed 10 b\' the panies: 10.4.1. changes in the Contract Pri\:e or Contract Time: which are ;Jgrt:ed to h~' the parties: and 10.4.3. changes in the Contract Price or Contract Time which embOdy the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11: provided that, in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations. but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to the prog- ress schedule as provided in paragraph 6.29. 10.5. If notice of any change alTecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to. Contract Price or Contract Timet is required by the provisions of any Bond to be given to a surety. the giving of any such notice will be CONTRAC- TOR's responsibility. and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. I 1.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supponing data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time co ascert:lJn more accurate data in support of the claiml and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct. indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment i~ the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of anv Work covered by a Change Order or of any claim for an in~rease or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Whert: the Work involved is covered by unit prices contained in the CLlntract Documents. bv applica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3. inclusive\. 21 I I I I I I I I I I I I I I I I I I I II.J.l. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.11. 11.3.3. On the basis of the Cost of the Work (deter. mined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7). Cost of th, Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the locality of the Project. shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include. but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. excise and payroll taXes. workers' or workmen' s compensation. health and retirement benefits. bonuses. sick leave. vacation and hol- iday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours. on Satur- day, Sunday or legal holidays. shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans. portation and storage thereof. and Suppliers' field services requircd in connection therewith. AIl cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments. in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. \1.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If requircd by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee. the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to 'engineers. architects. testing laboratories. sur. veyors. attorneys and accountantsl employed for services specifically related to the Work. 11.4.5. Supplemental costs inclUding the following: 11.4.5. I. The proportion of necessary transporta- tion. travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con. nected with the Work. 11.4.5.2. Cost. including transportation and' main- tenance. of all materials. supplies. equipmcnt. machin- ery. appliances. office and temporary facilities at the site and hand tools not owned by the workers. which arc consumed in the performance of the Work. and cost Icss market value of such items used but not consumcd which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER. and the costs of transportation. loading, unloading, installation. dismantling and removal thereof-aU in accordance with terms of said rental agreements. The rental of any such equipment. machin- ery or pans shall cease when the use thereofis no longer necessary for the Work, \ 1.4.5.4. Sales. consumer. use or similar taXes related to the Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations. 1\.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR. any Subcontractor or any. one directly or indirectly employed by any of them or for whose acts any of them may be liable. and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses). not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.91, pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the wrinen consent and approval of OWNER. No such losses. damages and expenses shall be included in thc Cost of the Work for the pUfl'ose of determining CONTRAC- TOR's Fee. If. however, any such loss or damage 22 I I I I I I I I I I I I I I I I I I I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fet: proporrionate [Q [hat stated in paragraph //.6.1. 11.4.5. i. The cost of utilities. fuel and sanitary facilities at the site. J J .4.5.8. .\linor expenses such as telt:grams. long distance teJt:phone calls, telephone service at the site. e.'tpressage and similar petly cash i[ems in connection with the Work. IIA.5.9. Cost of premiums tor adJitional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON . TRACTOR's officers. e~ecutives. principals (of partner. ship and sole proprietorships). general managers. engI- neers. architects. estimators. attorneys. auditors. accoun- tants. purchasing and contracting agents. expeditors. timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a brnnch office for general administra. tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4. I or specifically covered by paragraph 11.4.4- all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.1. Expenses (l! CONTRACTOR's principal anJ branch oftict:s other than CONTRACTOR's Llftlce at the site. 11.5.3. ..1"ny part oICONTRACTOR's capital e.xpenses. including inrt:rest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same I e.xct:pt for the cost or premiums covt:red by sut>- paragraph I) A.5.9 above!. 11.5.5. Costs due to the negligence of CONTRAC- TOR. any Subcontractor. or anyone directly or indirectly employed b\' any of l:l~m or for who~e acts any of them ma~' be liahlt: ;r..:I'.lJing but not limited to. the correction of "t'/('( ..:. ': 'urk. Jisposill l,r m:Hcrial, or c:quipmen[ wrongly ~ll. ..! ;,. .: "'aking ,;ooJ any dam,I!;t: [0 prop- t:rty. 11.5.6. Other overhead or general e~pense costs LlI any kind and the Cllsts of Jny item not specitically and t:\Dresslv included in paragraph 11..1. CONTRACTOR's Fee: 11.6. The CONTRACTOR's Fee allowed to CONTRAC. TOR for overhead and profit shall be determined as follows: 11.6.1 ~ a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.1. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 1/.4.1 and 11.4.2. the CONTRACTOR's Fee shall be fifteen percent: 11.6.2.2. for costs incurred under paragraph 11.4.3. the CONTRACTOR's Fee shall be f.ve percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee. the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.1.3. no fee shall be payable on the basis of costs itemized unuer paragraphs 11.4.4. I \.4.5 and 11.5: 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC. TOR's Fee by an amount equal to ten percent of the net decrease: and 11.6.2.5. when both additions and credits are involved in anyone change. the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4. inclusive. II. i. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5. CONTRACTOR will submit in form acceptabl~ [0 ENGINEER an itemizt:d cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to b~ done by such Subcontractors or Suppliers and for such sums within the limit of [he allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON. TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv. t:red at the site. and all applicable taxes: and II.S.:. CONTR.-\CTOR's costs for unloading ;md handling on the site. I"oor. installation costs. overhead. profit and other expenses contemplated for the allowances have been incluued in [h~ Contr.Jct Price and not in the ~3 I I I I allowances. No demand for additional payment on account of any thereof will be valid. Prior to tinal payment. an appropriate Change Order wiU be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances. and the ContraCt Price shall be correspond- ingly adjusted. I I I Unit Price Work.' 11.9. J. Where the Contract Documents provide that all or part of the Worle. is to be Unit Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and detcrmining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work periormed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considercd by CO~"TRACTOR to be adequatc to cover CONTRACTOR' s overhead and profit for each sep- arately idcntified itcm. 11.9.3. Where thc quantity of any itcm of Unit Price Work perfonned by CONTRACTOR diffcrs materially and significantly from the estimatcd quantity of such item indicatcd in thc Agrecment and there is no corresponding adjustment with respect to any othcr item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON. TRACTOR may make a claim for an increase in the Con. tract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. I I I I I I ARTICLE 12-CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty daysl after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be deliv. ered within sixty days after such occurrence (unless ENGI. NEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accom. panied by the claimant' s written statement that the adjust. ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be detennined by ENGINEER in accordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Tune will be valid if not submined in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include. but not be limited to. actS or neglect by OWNER or others performing additional worle as contemplated by Article 7. or to fires. floods. labor disputes. epidemics. abnonnal weather conditions or acts of God. 12.3. All time limits stated in the ContraCt Documents are of the essencc of the Agreement. The provisions of this Articlc 12 shall not exclude recovery for damages (including but not limited to iees and charges of engineers. architects. attorneys and other professionals and coun and arbitration costs) for delay by either party. ARTICLE 13-W ARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WGrnlIUJ and GUlU'tUlUe: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor. dance with the Contract Documents and will not be defective. Prompt noticc of all defects shall be given to CONTRAC. TOR. All defective Work. whethcr or not in place. may be rejected. corrected or accepted as provided in this Aniclc 13. Acea.r to Work: 13.2. ENGINEER and ENGINEER's representatives. other rcpresentatives of OWNER. testing agencies and gov- ernmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation. inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.3. CONTRACTOR shall give 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 (or part thereot) to specifically be inspected. tested or approved. CONTRACTOR shall assume full responsibility therefor. pay all costS in connection therewith and furnish ENGINEER the required certificates of inspection. testing or approval. CONTRACTOR shall also 24 be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or oi materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereoffor incorporation in the Work. The cost of all inspections. tests and approvals in addition to Ihe above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 13.5, All inspections. lests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable 10 OWNER and CONTRACTOR (or by ENGIl'iEER if so specified l. 13.6. If any Work (including the work of others) that is to be inspected. tested or approved is covered without written concurrence of ENGINEER. it must. if requested by ENGI- N EER. be uncovered for observation. Such uncovering shall be at CONTRACTOR's e:<pense unless CONTRACTOR has given ENGINEER timely notice ofCONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions. tests or approvals by others shall relieve CONTRAC- TOR from CO:-.lTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 1).8. If any Work is covered contrnry to the written request of E)lGINEER. jt must. if requested by ENGI:--;EER. be unco\'ered for E)lGI:--J EER's observation and replaced at CONTRACTOR's e.'(pense. U.9. If E:--JGlNEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER's request. shJIl uncover. e:<po~e or olherwise make available for observation. inspt:ction ur testing as ENGI:SEER ma~' require. that portion of the Work in question. furnishing all necessary labor. material and equipment. If it is found that such \Vork is ,,<,recril'/,. CONTRACTOR shall bear all direct. indirect and cunsequential costs of such unco\'t:rtng. expu- sure, observation. inspection and testing and of satisfactory reconstruction. (including but not limited to fees and charges of engineers. architects. anorneys and other professionals I. and OWN ER shall be t:ntitled tu an .Ippropriate decrease in the Contract Price. and. if the panies are unable tll agree as 10 the amuunt thereof. may make a claim therefor :IS provided in Artick II. If. hu\\ e:\ er. ~lIl.:h \1,;,lrk is not f,'und to r-t: "<'./('['r/,'". CO'TRACTOR ,hall be: :llluwt:d an increase in tht: C,'nL':~'.:t P,',,'_ .:' ..,0 .:\:-.:n~i\ln or' lht: Contra..:t Timt:. l'r both. Jin.:ctl~ anlwlItabt..: III such uncovering. <:xposlIre. observatilln. inspectiun. testing and reconstructil'n: and. if tht: panies are unable: tu agree: as III the amuunt ,lr t:xten[ I thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and [2. Owner May SlOp the Work: [3.10. If the Work is defectil'e. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment. or fails to furnish or pert'orm the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR 10 s!OP the Work. or any ponion thereof. until the cause for such order has been eliminated: however., this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other pany. cornction or Removal of Defective Work: 13.11. If required by ENGINEER. CONTRACTOR shall promptly. as directed. either correct all defectil'e Work. whether or not fabricated. installed or completed. or. if the Work has been rejected by ENGINEER. remove it from the site and replace it with nondefectil'e Work. CONTRACTOR shaH bear all direct. indirec~ and consequential costs of such correction or removal (including but not limited to fees and charges of engineers. architects. attorneys and other profes. sionalsl made necessary thereby. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defecti\'e. CONTR.\CTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions. either correct such defecti\'(! Work. or. if it has been rejected by OWNER. remove it from the site and replace it with nonddecril'e Work. If CONTRACTOR does not promptly comply with the terms of such instructions. or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defectil'e Work cor- rected or the rejected Work removed and replaced. and all direct. indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers. architects. atlorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a panicular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that item mav start to run from an earlier date if so provided in the Specirications or by Wntten Amendment. .-tcceptance of Defective Work: 13.13. If. instead of requiring correction or removal and replacement of (h:(I!('ri\'(' Wurk. OWNER land. prior to ENGIN EER 's rt:commendation uf final payment. alsu ENGINEER) prefers to accept it. OWNER maydo so. CON- TRACTOR ,hall be:ar all Jirect. indirect and consequential ~5 !!!! - - costs attributable to OWNER' s evaluation of and determi. nation to accept such defecr;v~ Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers. architects. mor- neys and other professionaJs). if any such acceptance occurs prior to ENGINEER's recommendation of tinal payment..a Change Order wlll be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the panies are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Ankle 11. If the acceptance occurs after such recommendation. an appropriate amount will be paid by CONTRA.CTOR to OWNER. OWNER May Cornet Defectiw Work: - 13.14. If CONTRACTOR fails wlthin a reasonable time after written notice of ENGINEER to proceed to correct and to correct defecrive Work or to remove and replace rejected Work as required by ENGINEER in accordance with para. graph 13.1 I, 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 the Contract Documents, OWNER may. after seven days' writ. ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or pan of the site. take possession of all or part of the Work. and suspend CON. TRACTOR's services related thereto. take possession of CONTRACTOR's tools. appliances. construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's represen- tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct. indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged apinst CONTRACTOR in an amount approved as to reasonableness by ENGINEER. and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the' parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article II. Such direct. indirect and consequen. tial costs will include but not be limited to fees and charges of engineers. architects. attorneys and other professionals. all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defecrive Work.. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. - ARTICLEI~PAYMENTSTOCONTRACTORAND COMPLETION ScJutblU ofVablu: 14.1. The schedule of values established as provided in paragraph 2.9 wlll serve as the basis for progress payments and will be incorporated into a fonn of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. A"~nf~P~~uP~me&' 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 tilled OUt and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale. invoice or other documentation warranting tilat O~ER has received . tile materials and equipment free and clear of all liens. charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER' s interest therein. all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's WarTIlnty ofTith: 14.3. CONTRACTOR Warrants and guarantees that title to all Work. materials and equipment covered by any Appli. cation for Payment. whether incorporated in the Project or not. will pass to OWNER no later than the time of payment free and clear of all Liens. Rel1~W of Appli.c4lioftS for Progn:r:r P~melll: 14.4. ENGINEER will. within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation. the amount rec. ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a 26 representation by ENGINEER co OWNER. based on ENGI- NEER's on-site observations of tht: Work in progress as an e~perienced and qualified design prolessional and on ENGI- NEER's review of the Application lor Payment and the accompanying data and schedules that the Work has pro. gressed to the point indicated: that. to the best of ENGI- NEER's knowledge. information and belief. the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion. to the results of any subsequent tests called for in the Contract Documents. to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10. and to any other qualifi. cations stated in the recommendation I: and that CONTRAC. TOR is entitled to payment of Ihe amount recommended. However. by recommending any such payment ENGINEER will not thereby be deemed 10 have represented that exhaus. tive or continuous on.site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specitically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. ENGINE~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 forth in paragraph 14.13 have been fulfilled. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion. it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment. or. because of subsequently discovered evidence or the results of subsequent inspections or tests. nullify any such payment previousiv recommended. to such e~tent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defee/in? or completed Work has been damage~ requiring correction or replacement. 14.7.:!. the Contract Price has been reduced by Writ- ten Amendment or Change Order. \~.7.3. OWNER has bet:n required to correct def/:'c- r;"e Work or complete Work in accordance with paragraph 13.1-l. or 14.i'A. 01 ENGINEER's actual knowlc:dge of the occurrence of any of the events enumerated in paragraphs 15.:.1 through 15.2.9 inclusive. OWNER may rduse to mak!: payment of the full amount recommended by ENGINEER because claims have bet:n mad~ againsl O\VN ER on account 01 CONTRACTOR' s per- formance or furnishing of the Work or Liens havt: been filed in connection with the Work or there are other items entitling I OWNER to a set-off against the amount recommended. but OWNER must give CONTRACTOR immediate written notice (with a copy co ENGIN EERl stating the reasons for such action. SubslantilJi Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRAC/OR shaH notify OWNER and ENGINEER in writing that [he entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shalLmake an inspection of the Work to deter. mine the status of completion. If ENGINEER does not con- sider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If. after considering such objec. tions. ENGINEER concludes that the Work is not substan- tially complete, ENGINEER will within fourteen days after submission of the tentative certificate 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 fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion I with a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWN ER. At the time of delivery of the tentative certificate of Substar.tial Completion ENGI- NEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety. maintenance. heat. utilities. insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate 01 Substantial Completion. ENGINEER"s afore- said recommendation will be binding on OWNER and CON. TRACTOR until final payment. 14.9. OWNER shall have the right to ~xclude CON- TRACTOR from the Work after the date of Substantial Com- pletion. but OWN ER shall allow CONTRACTOR reasonat>le access to com plett: or correct items on the [enrative list. Partiai Cliii:a/ion: 14.10. Use by OWN ER of any finished part of the W urk. which has specifically b!:cn identified in the Contract Do.;u- 27 ments. or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's periormance of the remainder of the Work. may be accomplished prior to Substantial Completion of all the Work subject to the follow- 109: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees. CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif. icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspec. tion of that part of the Work to determine its s,atus of completion. If ENGINEER does not 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 thereof and access thereto. 14.10.Z. OWNER may at any time request CON- TRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time there- after OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to detemune its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ. ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of 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 at the time when OWNER takes over such operation (unless they shall have othcrwise agreed in writ- ing and so informcd ENGINEERl. During such operation and prior to Substantial Completion of such part of the Work. OWNER shall allow CONTRACTOR rcasonablc acccss to complete or correct itcms on said list and to complcte other relatcd Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property Insurance. FinDllTUTKClion: 14.11. Upon writtcn notice from CONTRACTOR that thc entire Work or an agrced portion thereof is completc. ENGI- NEER will makc a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as arc necessary to remedy such defi- ciencies. FinDl ApplU:lzJion for Paymelll: 14.12. Aftcr CONTRACTOR has completcd all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instrUctions. schedules. guaran. tees. Bonds. certificatcs of inspection. marked. up record documents (as provided in paragraph 6.19) and othcr docu- ments--all as required by the Contract Documents. and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16). CONTRACTOR may make application for final payment following thc p~ ccdure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract Documents. together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish rcccipts or releascs in full: an affidavit of CON- TRACTOR that the releases and receiptS include all labor. services. material and equipment for which a Lien could be filed. and that all payrolls. material and equipment bills. and other indebtedncss connectcd with the Work for which OWNERorOWNER's property might in any way be respon- siblc. have been paid or otherwise satisfied: and consent of thc surety. if any. to final payment. If any Subcontractor or Supplicr fails to furnish a rcleasc or reccipt in full. CON. TRACTOR may furnish a Bond or other collatcral satisfac. tory to OWNER to indemnify OWNER against any Lien. Fi1UJl Payment arui AccepUl/lce: 14.13. If. on the basis of ENGINEER's obscrvation of thc WorK during constrUction and final inspection. and ENGINEER's review of the final Application for Payment and accompanying documentation-all as required by [he Contract Documents. ENGINEER is satisficd that the Work has been completcd and CONTRACTOR's othcr obligations under the Contract Documents have been fulfilled. ENGI- NEER will. within ten days after receipt of [he final Appli. cation for Payment. indicatc in writing ENGINEER's rec. ommendation of paymcn[ and rrescnt the Application to OWNER for payment. Thereupon ENGINEER will give writtcn notice to OWNER and CONTRACTOR that thc Worle is acceptable subject to the provisions of paragraph 14.16. 28 I I Otherwise. ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for reiusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- c:ltion. Thirty days after presentation to OWNER of the Application and accompanying documentation. in appropri- ate form and substance, and with ENGINEER's recommen- dation and notice of acceptability. the amount recommended by ENGIN EER will become due and will be paid by OWNER to CONTRACTOR. I I I 14.14. If. through no fault of CONTRACTOR. final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms. OWNER shall. upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER. and without terminating the Agree- ment. make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment. and if Bonds have been furnished as required in para- graph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment. except that it shall not constitute a waiver of claims. I I I I I Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER. nor the issuance of a cer- tificate of Substantial Completion. nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor an \. use or occupancy or" the Wor" or any parr thereof by OWNER. nor any act of acceptance by OWNER nor any failure to do so. nor any review and approval of a Shop Drawing or sample submission, nor the issuance 01 a notice of acceptability by ENGINEER pursuant to paragraph 14.13. nor any correction of defectil'e Work by OWNER will con. stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli. gation to perform the Work in accordance with the Contract Documents lexCept as provided in paragraph 14.161. I I I I I Wai~'er of Claims: 14.16. The making and acceptance Lll tinal payment will constitute: I I 14.16.1. a waiver of all claims b\' OWNER against CO~TRACTOR. e.\cept claims arising from unsettled Liens. from "(~f,'('(i\'(' Wurk .Ippearmg after tinal inspec- tilln pursuant [0 paragraph 14. II ur from failure tll compl\ II ith the (untrael Dllcuments ur the terms of any sped.1I guarantees specified therein: however. it will nOl consti- lute a waiver hy OWNER of am' rights in n:sp..:ct llf I I CONTRACTOR's continuing obligations under the Con- tract Documents: and 14.16.2. a waiver of all claims by CONTRACTOR against OWN ER other than those previously made in writ- ing and still unsettled. ARTICLE l5-SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause, sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension if CONTRACTOR makes an approved claim thereior as provided in Articles II and 12. Owner May TermilUlle: 15.2. Upon the occurrence of anyone or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect. or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency: 15.2.2. if a petition IS filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the [ime of filing. or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency.: 15.~.3. if CONTRACTOR makes a general assignment for the benefit of creditors: 15.~.4. if a trustee. receiver. custodian or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of t:nforcing a Lien against such property or for the purpose of general administration of such property for the benefit ofCONTRACTOR's cr~ditors: 15.2.5. if CONTRACTOR admits in writing an inabil- ity to pay its debts generally as they become due: 15.~.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents ~9 I I (including, but not limited to. failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule estabiished under paragraph 2.9 as revised from time to time): I 15.2.7. if CONTRACTOR disregards Laws 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 (and the surety, if there be one) seven days' written notice and to the extent pennitted by Laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools. appliances. construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion). 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 any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct. indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers. architects. attor- neys and other professionals and co un and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order. but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. I I I I I I I I I I 15.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination wi\1 not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRAC- TOR and ENGINEER. OWNER may. without cause and without prejudice to any other right or remedy. elect to aban- don the Work and terminate the Agreement. In such case. CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable tennination expenses. which will include. but not be limited to. direct. indirect and con- sequential costs (including. but not limited to. fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs). cOlllnlaDr May Stop Wort or Termi1uzu: 15.5. If. through no act or fault of CONTRACTOR. the Work is suspended for a period of more than ninety days by OWNER or under an order of co un or other public authority, or ENGINEER fails to act on any Application for Payment within thiny days after it is submitted. or OWNER fails for thiny days to pay CONTRACTOR any sum finally deter- mined to be due. then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER. tenninate the Agreement and recover from OWNER payment for all Worle executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement. if ENGINEER has failcd to act on an Appli- cation for Payment or OWNER has failcd to makc any pay- mcnt as aforesaid. CONTRACTOR may upon seven days' writtcn notice to OWNER and ENGINEER stop the Worle until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.:9 to carry on the Work in accordance with the progress schcdulc and without delay during disputes and disagreements with OWNER. . [The remainder of this page was left blank intentionally.] I I I 30 I I I I I I I I I I I I I I I I I I I ARTICLE 16--ARBITRATION 16.1 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu- ments or the breach thereof shall be decided under Georgia Law in the Suuerior Court of Richmond County, Georgia. (The remainder of this page was left blank intentionally.) 31 I I I I I I I I I I I I I I I I I I I (This page was left blank intentionally.) 32 I I ARTICLE 17-MISCELLANEOUS I Giving Notice: 17.1. Whenever any provIsIon of the Contract Docu- ments requires the giving of written notice. it will be deemed [0 have been validly given if delivered in person [0 the indi- vidual or to a member of the tirm or to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or certified mail. postage prepaid. to the last business address known to the giver of the notice. I I COnrpllllJlio1l of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computa- tion. I I 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. I General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or propeny because of any error. omis- I I I I I I I I I I I sion or act of the other pany or of any of the other party's employees or agents or others for whose acts the other pany is legally liable. claim will be made in writing to the other pany within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall nOL be construed as a substitute for or a waiver of the pro- visions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the panies hereto. and. in panicular but without limitation. the wananties. guarantees and obligations imposed upon CONTRAcrORby paragraphs 6.30. 13.1. 13.12. 13.14. 14.3 and 15.2 and aU of the rights and remedies available to OWNER and ENGINEER thereunder. are in addition to. and are not to be eonstrued in any way as a limitation of. any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations. by special warranty or guarantee or by other provisions of the Contract Documents. and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each panicular duty. obliga- tion. right and remedy to which they apply. All representa- tions. warranties and guarantees made in the Contract Doc- uments will survive tinal 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 such damage sustained by two or more persons in anyone accident. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.3 SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Augusta-Richmond County Road System. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. SC-1 I I I 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 ofthe General Conditions shall be amended as follows: The Contractor may submit monthly estimate for work Completed and materials properly stored as approved By the Engineer. When an estimate includes materials stored, a bill of sale, invoice or other documentation warranting that the Owner is receiving the material free and clear of all liens, charges, security interest and of all liens, charges, security interest and other encumbrances shall be attached to the payment request. 1.7 ENGINEER: All references to "Engineer" shall be interpreted to mean the Augusta Richmond County Public Works Director, 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 .1 " I I ..1 I I I I I I I I I I I I I I I <- , SECTION P PROPOSAL Date: ,Aur../A...S-r /2.+l... > 141~c} Gentlemen: In compliance with your invitation for bids dated 3'LlLY IY#.- ,19!fi, the undersigned hereby proposed to furnish all labor, equipment, and materials, and to perform all work for the installation of drainage improvements referred to herein as: HEPHZIBAH-MCBEAN/BROTHERSVILLE ROAD IMPROVEMENTS Project Number: 321-04-288821804 In strict accordance with the Contract Documents and in consideration of the amounts shown on ~ ~1,~~~~~~to. and :Z~:'J::~~ "' ~;,."':\ ~~ DOLLARS ($ t.;11 ~~ _ ) ~ ':17 Jl~ 4-/1 S7D,ct3 f1~ The undersigned hereby agreed that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within lQ calendar days after the date of written notice to proceed, and that he will complete the work within 140 calendar days. The undersigned aclmowledges receipt of the following addenda: M!p.K,A r. NO. I ~~-c.,-9~ I Respectfully submitted "&1 AI ~ C'Ll^-lSTWc.TIDJJ):L:Nc... (Name of Firm) P.o. go)( '7'7() ~VAAl,~GA. 6LJM9 (Busine.ss Agdress) By: Title: Pt-rt>~fI:.,;d~-l- pool I .~UG-06-1999 FRI 02:05 PH ARC PURCHASING ~ FAX NO. 7068212811 P. 02 .. . ~. -,1 HEPHZlBAH UCBEAHfBROTHERSVILLE ROAD IMPROVEMENTS DETAILED ESTlUA TE REviSED 11/6/99 I . ?i!Ui!~ii!i!i!f!!!!!i!i!i!iiitM$fflTmi!!~!!!i!i~ii!!i!ii~!ii!~iii!fi}. ., .... ................. ..........-.....W :~::: ;::;;: ~:::~: :~. }r~~!!! ::;~::: ..::;.;..,...~. ......if..:~. . -:':~iY::~: ~~.....,~..,..... ;~O~. :~::~~;~*:~ ::::;:::;:;:~:. ....:.;.:.:....ri...:.:. ':::=:::::!:.;:;;;;::: WHOOO 1'RAFFIC C'ONTROI. LUMP I rr <. '''I "'-AA,. - 161.1000 ER.OSIOl': CONTROl. LUMP 1 . 't ,., 1:.1'\ ,..., <- '" Ai'" _ COS$TR, ~AINT.i. arMOVI! BA1.eD STRAW EROSION 'h 3.'15 .1;. I 3ZO.Q:) 163-20S I CIIECK I.f 400 171-O1110 TcMI'ORA R Y SIL T FENCE. TYPE A IF 4000 $ 3.4'5 l1\ lZ t>al.oo :!n7-<l2nJ I'OI.!!':O BKFILt 11.I... 11.. TP 2 CV 60 IQ.i;O ~ I I~~OO 228-10110 GRADlr-:G-MOOlFlliD,n-,'CI. IfAL'L MJ D.S2 $3S KS4.0u ~~ (,4/4,()j :no.IUOO LUMP SU\f CON'!:''TRUCTION . LUMP I 'J.43.t.UJ_OD ~ U,C;.lY J 18.3UOO AL'jGR SURF CAS l'ON 100 1; J '4'0 Is I,?co.er. RECYCL.ED ASPij CONe LEVCLJ~(j. I:>lCL alTUM 11; 2> 39'.l.lD 402.1811 MATI. &. H I.IME TO~ IRS r:i> '" 5,LtO RECYCLt::D ASI'Il CONe r9M.\1 surERJ-AVE, (iP rCR.~ ~ 39.C.5 ls7.1.r52.5I: 402.J 112 2. INCL BIn:M MA tJ.. a I r liME TON 1850 RECYCU:O .A5PH CONe 9.5 .M'-f SUl'fRPA vr:. OP:z $ W2 Az,a:: 402.], J I O~I.Y. I/'IOCL tlITL'M MATL <lll LIME TON u.oo 39.SD 413.1000 a,TUM T ACI' C"O.A T GI. 2000 I."kl ~ ? "'-""fir 441-010.4 ('ONCRETF. SIDEWALK. 4 no: sv 1.100 ~ 2.1.(..,5 ~2.3 1JJ5.(]' 441-4020 CONCRETe VAI.L.EV OUTTf.R. 6 l:-l SY 180 ~ l{:S.4S !$i,.I~/.a: 441~OJO CO~CRnE VALLF.Y GUTTER. 8 ~ SY 80 $ 32..15 1f;2.S7Z.Cl -4.&1....,(l22 CO:-lC. CUIUl &. GUTTER. i IN X ~o II\. TII 2 LF 2.000 'J:. 9.?5 lOG <N'\ rr 5oo.91}1)1) ClA.liS B (,ONC. DASF. OR PA Vll/.lENT WIDf.r,ING cv 20 ~ Inl...."", 2 120.<x SSOoI Ill/) STORM DRAIN !>I"e, IS IN. II 1.10 (R("Pl IF USO ~ I '1.2:.$ SUO ?'?2.5l , HO-1240 STORM OIUoIN PIPE. 24 IN. 111-10 (Re!'l L.l' 50 ~ 4LJ.41'\ J; 2 OZ4.a: .~SO-I J()(J STOR.\.{ DRAIN PIPE. 30 IN. 111.10 (RCP\ Ll' 24 !; ~.?t; f, 1 (; ?a.~ SS0-2180 S!['lE DRAIN PIP~ 18 (N, H 1.10 IltePI I.r JSO l~ I Z.dO l!>'.33S.c.c 550-4 II Ii ~'L.ARFO END SECTI01\, [8 IN. SIDE OIl.An..' I!A 16 l$ 35?m S..t..32.a; 5$0-1216 1', .AItED F.ND SF.CTlOl'.', 2~ lN, STORM ORAIN ~ I ft, 43?CO f, '1~?cc. S50-0l2Jn FLAIU;O ENO SfCTIOI\' JO 1)1.'. STORM DRAI:-I EA ) l!, ~2.? 00 :f> c,,'2.',ty-) ~ 73-2006 UII/DOR PIPE JsCL ORAIt\AGt: AGGR. 6 IN LI' 100 !.:. 1I.9D f, f 19o.cc 6/))-1018 SThI PLA~ RIPlUP. I fi IN. TYP~ I sy 40 .~ 40.00 Ib I r,a,.a:. ~OJ-2"97 FIL T~R BtANXfT. 6" Sr 40 l1:, ,s,,sS 1& 354.00 6J6.101~ Iirat/WA Y SIGNS. TP I M" TL - R.E~L SHEETING. Tp I SF 21 It, 22,00 b c..lc-OO 6J6-2030 GALV STr.EL. POSTS. TPJ L.Y 65 li:. ?~S b 4?J.2S 6S!.ollO TIlER,\.40PtA!lTIC JlVMT MARKING, ARROW, TP I FA t ~ ?I. So ~ 71.:50 6Jl-D 1:20 nu:.R.yOpl....SfIC PVl,fT MARKING. ARROW. TP 2 EA . I,; (.(1 ~ It """", ~ 6$J00210 TH"n..\fOPLA~TIC r'VI./T MARKING. WORD. TP , EA I I~ ??,1Yl ~ ??t"Jn 'rHER.\10PI.ASTlC SOUD TR.'\FFJ(' STkIPF.. ~ IN. 653-1501 WHITE L~' Jjoo ,., 0.30 ~ID~ I6SJ-1 S02 THl;R.YOl'tASrK: SOL.lD '/'RAFFle STR/re. j IN. VeLLOW LF S800 ~ (),~ ~l 'J4C.re 6/3 '91) .1 I I I I I 1 I I I I I I I P.:J I - I I I I I I I I I I I I I I I 1 I I I l. .- HEPHZIBAH MCBEAN/BROTHERSVILLE ROAD IMPROVEMENTS DETAIL ESTIMATE 6/11/99 :~:~:::~:::~:~:::::::::::::~:::::~:~::::p.~~:::::::::~::::::::;::::>~:>!:>: :::)i~\ ........... ~~~g: .::::~:::: :~~~: ::::::~~::::: ...... .... ... .. ........... 653-1704 THERMOPLASTIC SOLID TRAFFIC STRIPE. 24 IN, WHITE LF 150 ct. ~.:?O 'f, Li9b..OO 653-4501 THERMOPLASTIC SIUP TRAFFIC STRIPE, 5 IN. WHlTE LF 100 $ h C.30 ~c.oo 653-6004 THERMOPLASTIC TRAFFIC STRIPING. DETAIL "A" SY 541 :to 3.30 t> I, ?.flS:.30 654-1001 RAISED PVMT MARKERS TP 1 EA 50 ~ If> ~.l..JD 2.2..D ,00 654-1002 RAISED PVMT MARKERS TP 2 EA 100 ~ 4.4D ~ "4L40.oo 668.1100 CATCH BASIN. GP I EA 6 $,,1 ~oG.. IX>- It> 7, 1.:3G,.a;l 668-1110 CATCH BASIN. GP 1. ADDL DEPTH LF 1 ~ j, 1~2.co /32..00 EA 1 668.4300 STOR.\1 SEWER MANHOLE. TP 1, ~ I.IG.Z,CO $ I, ) ,-a. eo 668-4311 STORM SEWER MANHOLE. TP I. ADDL DEPTH. CL 1 LF 2 $ $ 13$.00 2..?/'.DO 706.1003 TURF ESTABLISHMENT (2.5 ACRES - /.) LUMP 1 <f' ~ ...--. ct::J $.s OOD.co TOTALS ... ..J $ . I!.. ~ I - 230-1000 LUMP SUM COl'o'TRACf ITEMS MISCELLANEOUS OR DEMOLITION (TO BE PAlD FOR AS LUMP SUM CONSTRUCTION) REM ASPH PVMT INCL BASE" SY 2.558 REMOVE HlGHW A Y SIGNS. STD" EA 10 SIDEWALK & 24" CURB & GUTrER DEMOLITION" LF 790 RESET HlGHW A Y SIGNS" EA 10 CONCRETE ENCASE EXlSTING SAN. SEWER. CY 3 $: +/~$1~0; "EARTHWORK EXCA V A TION(CUT)" FILL. BORROW" HEPHZIBAH MCBEAN ROAD 506 620 114 STOREY MILL ROAD 884 1049 165 BROTHERSVlLLE ROAD 110 46 -64 TOTALS 1500 1715 215 "THIS WORK TO BE PAlD FOR AS GRADING.MODIFIED. INCL HAUl "~" INCLUDES QUANTITIES FOR RESTORATION OF DETOUR ANDIOR HAUl ROUTE P.3 I I I I 1 I I I 1 I I I I I I I I I I HEPHZIBAH MCBEAN/BROTHERSVILLE ROAD IMPROVEMENTS GENERAL NOTES ADJUSTING MINOR STRUCTURES TO GRADE: This item consists of raising or lowering the upper portion of existing manholes, water valve boxes, gas valve boxes or any other miscellaneous structures within the area of construction. There will be no separate payment for this work unless shown as a separate pay item. AGGREGATE SURFACE COURSE: The item aggregate surface course is for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, Section 318, Georgia Standard Specifications, is modified to permit truck dumping on unprepared and muddy sub grade. Section 318 is further modified to permit the use of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the following materials. Graded Aggregate 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 sh~ll retain the services ofthe consultant who designed the project to furnish three (3) complete sets of "as-built" plans, in good condition, to the Project Inspector prior to final payment being made. 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. Payment for as-built plans shall be included in the price bid for other items. G-1 1 I I I I I I I I I I I I I I I I I I CASINGS: All steel casings being installed across any roadway and/or right-of-way shall have the joints continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when welds are ready for inspection. Welded casings backfilled without the Engineer's approval shall be uncovered for inspection at the Engineer's request. COMP ACTION: All compaction shall be as defined in the current edition of Georgia department of Transportation Specifications. Special attention shall be given to the backfill of minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using approved tamps and soil layers of approximately 6 inches (loose measure) and in accordance with Georgia Department of Transportation Standards 1030- D and 1401. Backfilling operations of this nature shall not begin until the Contractor has on hand all equipment in good working condition, and competent operators. The backfilling of pipe and other minor structures shall be in accordance with Georgia Department of Transportation Standard specifications, Current Edition. Backfilling with sand using jetting and/or flooding will not be allowed in any case without the written permission of the Engineer. CONCRETE: The Contractor shall have a slump cone on the project at all times when concrete is being placed. He shall, in the Engineer's presence, perform slump tests as directed by the Engineer. 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 unless otherwise noted. G-2 1 I I I I I I I I I I I I I I I I I I At locations where new pavement is to be placed adjacent to existing pavement, without an overlay, or where curbing is to be placed across paved parking lots, a joint shall be sawed on a line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will be paid for under the pay item-Sawed Joints. . . per Linear Foot. Where curb and gutter is used and the shoulder elevations are higher than adjacent ground, the actual direction of drainage runoff shall be determined by the Contractor. He shall make such provisions as necessary to ensure that no ponding is caused by the new construction. He may place additional fill to provide drain inlets. Compensation will be under the price bid for the appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope down outside the back of the curb line not to exceed an algebraic difference of 0.07. This should be used primarily on the high side of super-elevated curves. The Contractor should use caution with standard variance and place special emphasis on hydraulic considerations. 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 and page PPA-1 of this document. All storm drain pipe, side drain pipe, pipe culvert wing-walls, steps, retammg 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- Ware to be used at all street intersections on this project. Asphalt milling where specified for use on existing pavement that is to be resurfaced adjacent to curb and gutter. Finished surface on asphalt pavement shall not exceed W' above the gutter line as shown on Georgia Standard 9031-J. G-3 I I I 1 I I I I I I I 1 I I I I I I I CONSTRUCTION LAYOUT: Construction layout work shall be performed by the Contractor. See Section 149 of the Standard Specifications. The survey for this project was made by CRANSTON. ROBERTSON AND WHITEHURST. P.c. (706) 722-1588. DESIGN ALTERATIONS: The Commission-Council recognizes that various changes in design may be made as the project progresses. Any requests for additional payment will be processed based on actual work in place and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced separately and no work shall be done on these items until approved, in writing, by the Engineer. DRIVEWAYS: All driveways are to be paved to the right-of-way line with Asphaltic Concrete. Ingress and egress shall be maintained at all time to adjacent properties, unless otherwise noted in the plans. The asphalt raised edge at driveways shall be constructed as follows: Drives which drain toward the roadway shall have no raised edge. Drives which drain away from the roadway shall have a raised edge 2" high and then be looped and rolled away from the road to provide a smooth riding surface. All driveways are to be paved to the right-of-way line. 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 Augusta Richmond County erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. G-4 I I I I 1 I I I I I I I I I I I I I I 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 and in accordance with page PP A-I. FENCE: All new fence called for on the plans and/or contract documents shall meet the requirements of Section 643 of the Georgia Department of Transportation Standard Specifications, current edition. New fence not meeting these Specs will be rejected. In contracts where remove and reset fence items are involved (either as pay items or as Lump Sum Construction) all replacement fence shall be equal to or better than the existing fence as approved by the Engineer. This means equal to or better than the original fence at the time of it's installation. In accordance with Subsection 643.03D, the Contractor must furnish positive locking devices, padlocks and keys with all gate assemblies. FINISHING AND DRESSING: All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre-existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. FLAGGING: Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions, and as required by the Engineer. All Flaggers shall meet the requirement of part 6F of the 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 G-5 I I I I I I I I I I I I I I I I 1 I I have a shaft length of seven (7) feet minimum. In addition to the stop/slow paddle, a flagger may use a 24 inch square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. Signs for Flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTCD. 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. FOUNDA nON BACKFILL MATERIAL, TYPE I: Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications. No separate payment will be made for this material or its placement. FOUNDATION BACKFILL MATERIAL, TYPE II: Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured for payment in accordance with Georgia Standard 1030-D or as directed by the Engineer. Payment shall be per cubic yard unless otherwise specified in the contract. GRADES: With the approval ofthe 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 G-6 I I I I I I I I I I I I I I I I I I I 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 sub grade and/or normal excavation for drainage structures, ordered by the Engineer, will be considered for payment. GRASSING AND EROSION CONTROL: The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to determine the actual area to be grassed. No claims will be considered for extra compensation if the contractor relies on plan information to prepare his bid. All slope areas are to be grassed unless shown otherwise on plans. Temporary grass is required if permanent grass season is out. The Contractor shall be responsible for all soil erosion and sediment control measures. All on-site erosion control shall comply with local erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre-existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. Discontinued roads or other areas inside or outside the project construction limits, but within the existing or required right-of-way, shall be obliterated and restored as nearly as possible to the original contour of the ground (see Section 205 of the Standard Specifications). No separate payment will be made for this work. Where item number 700-6001 is shown as a pay item, Georgia Department of Transportation specifications are modified to provide that the lump sum price bid shall be full payment for all fertilizer, lime and nitrogen. No separate measurement for payment will be made for any work or materials required to accomplish a stand of permanent grass. G-7 I I I I I I I I I I I I I I I I I I I INFESTATION: The entire project is considered to be within the limits of an insect infested area. The contractor's attention is called to the following sections of the Standard Specifications: (A) 155 Insect control (B) 893 Miscellaneous Planting Materials. INSPECTION: This project will be inspected by the Engineer or his Representative. LEVELING: Leveling shall be placed at the locations and in amounts as approved by the Engineer or his Representative. Measurement and payment shall be made in accordance with the Standard Specifications on a unit price basis. The quantities included in the schedule of items are approximate and subject to change. All changes will be made at the unit prices, as bid. In areas where crown improvement, widening, curbing and/or gutter is required, any required asphaltic concrete leveling shall be placed prior to constructing, widening, etc., unless otherwise authorized by the Engineer. Final grades cannot be determined until leveling is placed. Three (3) point levels shall be obtained as a minimum in all cases unless otherwise directed by the Engineer. MISCELLANEOUS DRAINAGE STRUCTURES: All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or special design shall be paid for Per Each. There will be no separate payment for additional depth unless specifically shown as a pay item. NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with concrete topslabs shall include manhole rings and covers. PATCHING AND REPAIR OF MINOR DEFECTS: Where necessary, the contractor is required to patch and repair existing potholes, minor pavement defects and base failures in accordance with the Specifications. G-8 I I I I I I 1 I I I I I I I I I I I I PAYMENT FOR PIPE CULVERT INSTALLATION: 1. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. 2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete (See Georgia Standard 9031-L). 3. Payment for pipe culvert includes any required Concrete collars (See Georgia Standard 9031-U). 4. All storm drain and longitudinal pipe shall include O-ring gaskets. PIPE CULVERTS: Unless othelWise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete. All required pipe culverts shall be in accordance with Standard 1030-D. Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications. No separate pay item will be made for this material or its placement. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete and for constructing concrete collars. The contractor shall include in his price bid for pipe, the additional cost of bends, tees, fasteners, appropriate gaskets (see Section 848 of the Standard Specifications), and structure excavation. PRECAST CONCRETE UNITS: Precast Concrete Units, other than those specifically allowed by Georgia Department of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc., shall not be installed without written permission from the Engineer. Any such units installed without such written permission shall be removed from the project. G-9 I I I I I I I I I I I I I I I I I I I PROPERTY CORNERS AND MARKERS: All right-of-way markers where required shall conform to Standard 9003. Right- of-way markers shall be flush with the finished ground-line when so directed by the Engineer. REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD: It shall be the contractor's responsibility to remove and reset any and all existing ornamental shrubs and bushes and sod in conflict with proposed construction. Coordination with the property owners is essential in this endeavor. The contractor will not be held responsible for care and maintenance after removing and resetting these plants and sod except in cases where the Contractor's equipment causes irreparable damage or where plants and/or sod dies as the result of negligence on the Contractor's part. In which cases, the Contractor will be held responsible for replacement. Sod shall be reset with ground preparation in accordance with Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall remove the sod in a manner that will be conducive to insuring that the reset sod will live. At the contractor's option, he may replace any sod he removes with new sod of the same type. No separate payment will be made for this work or replacements unless specifically shown as a pay item. REMOVING AND RESETTING OF OBSTRUCTIONS: It shall be the Contractor's responsibility to remove and reset any and all obstructions, such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns, etc., which are in conflict with construction. Contractors are responsible for the security of pets and/or personal property through the use of temporary fence if necessary. No separate payment will be made for this work except when shown as a separate pay item. G-IO I I I I I I I I I I I 1 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 stored within the right-of-way by the Contractor. These materials shall be picked up and transported by the Augusta-Richmond County forces. SAW CUTS: When matching eXlstmg conditions, saw cuts shall be used as required by Augusta-Richmond County. Only saw cuts in Portland Cement Concrete which are shown as contract pay items will be paid for separately. No saw cuts in asphaltic concrete will be paid for separately. SHOULDER WORK: All necessary cleaning of the existing pavement including clipping of shoulders required prior to resurfacing shall be the responsibility of the Contractor. The material displaced shall be removed, lowered or spread over the shoulder to an elevation and slope which will provide adequate drainage. The cost of such work shall be included in the prices bid for other items. G-ll I I I I I I I I I I I I I I I I I I I SPECIFICATIONS: This project is based upon, 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. SPECIFICATIONS, STANDARDS AND OTHER DATA: All references in this document, (includes all papers, wntmgs, documents, drawings, or photographs used or to be used in connection with this document), to State Highway of Georgia, State Highway Department, Highway Department, or Department when the context thereof means the Georgia Department of Transportation means, and shall be deemed to mean, Augusta-Richmond County, Augusta-Richmond County Commission-Council Department of Engineering Services. The data, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, are not guaranteed, and do not bind Augusta-Richmond County, Georgia in any way. Only the actual quantities completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract. 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. G-12 I I I I I I I I I I I I I I I I I I I This project shall be constructed in accordance with current Georgia Department of Transportation Roadway Standards and Construction Details. SPILLWAYS: The Contractor is to construct asphalt spillways in low points and other appropriate locations to allow roadway surface water to run off. Payment for this work is to be included in prices bid for asphaltic concrete items. STORM DRAIN PIPE: Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete and shall include O-ring gaskets. 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 receives 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. NOTE: All submissions shall include the following information for each Subcontractor: I) Name of Subcontracting Firm 2) Description of Work To Be Done 3) Contact Person's Name and Phone Number Copies of all submission shall be submitted to: Ms. Brenda Byrd-Pelaez Room 211 Municipal Building 530 Greene Street Augusta, Georgia 30911 G-13 I I I I I I I I I I I I I I I I I I I SUPERELEV ATION: All horizontal circular curves are to be superelevated in accordance with Georgia Standard 9028-C as directed by the Engineer. TESTING OF THE WORK: The Contractor shall employ a qualified materials testing laboratory to monitor more fully the quality of materials and work and to perform such tests as may be required under the contract documents as conditions for acceptance of materials and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF THE WORK. Concrete compressive strength tests are required on this project (see Section 500 of the Georgia Department of Transportation Specifications). Other tests may be required where necessary. All test results are to be submitted to the Engineer. No separate payment will be made for employing the testing laboratory or any required tests. On projects that include asphaltic concrete, cores shall be cut in the asphaltic concrete at random locations, selected by the Engineer, to verify thicknesses. A minimum of three (3) cores per mile or three (3) cores per project, whichever is greater, shall be cut by the Contractor. If all thicknesses are satisfactory, in accordance with Section 400 of the Department of Transportation specifications, no further cores will be required. If cores indicate an unsatisfactory thickness, additional cores, as determined by the Engineer and at locations of the Engineer's choosing, shall be cut to determine the extent of the unsatisfactory thickness. Corrections as shown in Section 400 of the Department of Transportation Specifications shall be made where required. There will be no separate payment for cutting cores, filling core holes, or corrective work. Payment shall be included in the price bid for asphaltic concrete items or in the overall bid price of the contract. TEST ROLLING: Prior to placing any base course, the sub grade shall be test rolled on six feet centers using a loaded dump truck or other equipment approved by the Engineer. G-14 I I I I I I I I I I I I I I I I I I I 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. In accordance with Section 150 of 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 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. G-15 I I I I I I I I 1 I I I I I I I 1 I I The Contractor shall so conduct his operations that there will be a minimum of interference with or interruption of traffic upon and along the roadway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. TREE WELLS, TREE WALLS AND ROOT PROTECTION: This work will be done in accordance with Section 703 of the Standard Specifications. Where possible, the Contractor is to save and protect selected trees and shrubs. If it becomes necessary, the contractor, with the approval of the Engineer, is to protect these trees and shrubs by means of small retaining walls, tree wells and porous material placed to protect the root system. No separate payment will be made for this work unless a pay item is provided. THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS: Georgia Power Company Post Office Box 488 Augusta, Georgia 30904 Telephone (706) 724-0892 Attention: Parker Land Georgia Natural Gas Co Post Office Box 1426 Augusta, Georgia 30913 Telephone (706) 722-7791 Attention: Carl Pearson Bell South 3841 Wrightsboro Road Augusta, Georgia 30909 Telephone (706) 828-8500 Attention: Bert Neese Jones Intercable, Inc. 1424 Monte Sano Avenue Augusta, Georgia 30904 Telephone (706) 736-6515 Attention: Kevin O'Meara Urban Services Water & Sewer 2760 Peach Orchard Road Augusta, Georgia 30906 Telephone (706) 796-5000 Attention: Robin McMillon UTILITIES: All utility facilities which are in conflict with construction, not covered as specified items in the detailed estimate, are to be removed and relocated to clear construction by the respective owners, unless added later to the contract as a G-16 I I I I I I 1 I I I I I I I I I I I I 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 any delays or extra expense caused by utility facilities, obstructions or any other items not being removed or relocated to clear construction in advance of his work. All known utility facilities are shown schematically on highway plans, and not necessarily accurate in location as to plan or elevation. Utility facilities such as service lines or unknown facilities not shown on the plans will not relieve the Contractor of his responsibility under this requirement except as noted below. "Existing Utility Facilities" means any utility facility that exists on the highway project in its original, relocated or newly installed position. Other than service lines from street mains to the abutting property the contractor will not be held responsible for the cost of repairs to damaged underground utility facilities when such facilities are not shown on the plans and their existence is unknown to the Contractor prior to the damage occurring, providing the Engineer determines the Contractor has otherwise fully complied with the Specifications. The following utility owners have facilities which may conflict with construction ofthis project: NAME OF UTILITY OWNER TYPE OF FACILITY Georgia Power Company Georgia Natural Gas Company Jones Intercable T.V. Bellsouth Augusta-Richmond County Water and Sewer Power Gas Cable Telephone Water, Sewer The Contractor shall use the one-call center telephone number 1-800-282-7411 for the purposes of coordinating the marking of underground utilities. The Contractor's attention is directed to the probability of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and underground telephone cables that either are obstructions to the execution of the work and need to be moved out of the way or, ifnot, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature will be handled by the utility owner. G-17 I I I I I I I I I I I I I I I I I I I UTILITY ACCOMMODATION POLICY: In so far as possible, work shall be scheduled so that open excavations will not be left overnight. Where trenches, pits or other excavations are within the clear roadside areas and cannot be backfilled before leaving the job site, they shall be covered by timbers or metal plates and protected by reflectorized 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-18 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 SECTION 150- TRAFFIC CONTROL August 28, 1995 First Use: October 20, 1995 Modification of Special Provision Section 150 - Traffic Control (Rev. June 21, 1994) Retain Section 150 as written and add the following: For this project, all references to flags on construction warning signs in the Standard Construction Details listed below are deleted except for signs which are mounted at less than seven (7') feet in height (portable signs). Standard Construction Details · Typical By-Pass Detour for Two-Lane Highway · Typical Detour Across Median · Transition of 4-Lane Divided Highway to 2-Lane Highway · Traffic Control General Notes, Standard Legend, Miscellaneous Details In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated September 3, 1993. 150.02 WORK ZONES: Delete "Work Zones" and substitute: Temporary Traffic Control Zones. 150.02. 8.2.: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200 feet in advance of the temporary gore, and 10 feet for the first 100 feet of the temporary gore. 150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written and add second paragraph. Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected by guardrail, portable barrier, impact attenuator or other type of positive barrier protection. Unprotected posts shall meet the breakaway requirements of the "1985 AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals". Unprotected post splices will not be permitted any higher than four inches above the ground line to lessen the possibility of affecting the nndercarriage of a vehicle. lSO.03.H. 'CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF WARNING FLAGS. Delete first sentence of second paragraph and substitute: Construction warning signs which are mounted at less than seven feet in height (portable signs) shall have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign. TC-/ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 150.04.E.2.a.2.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are required. 150.04. E.2.b.1.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are required. 150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type 11 {eleuen}. 150.10 PAYMENT: Item No. 641 - Delete reference to Type 9 and substitute Type 11 {eleuen}. SPECIAL PROVISION SECTION 150- TRAFFIC CONTROL June 22, 1994 First Use: July 24, 1994 Modification of Standard Specifications, 1993 Edition Retain Section 150 as written and add the following: For this project, all references in the Standard Construction Details listed below to Type I Barricades, Type II Barricades, Type "A" flashing-lights and Type "C" steady burn lights are deleted, except that Type "C"lights will be required for tapers in nighttime lane closures. Standard Construction Details · Typical By-Pass Detour for Two-Lane Highway · Typical Detour Across Median · Transition of 4-Lane Divided Highway to 2-Lane Highway · Traffic Control General Notes, Standard Legend, Miscellaneous Details In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated September 3, 1993. Detail "A" as shown on Georgia Standard 4960 is deleted. SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL Rev. June 21, 1994 First Use: July 24, 1994 Rev.: August 16, 1994 Modification of the Standard Specifications, Current Edition Delete Section 150 as written and substitute the following: 150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTCD shall be considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic control devices and shall include flagging and other means for guidance and protection of vehicular and -rc-z I I I I I I I I I I I I I I I I I. I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA pedestrian traffic through the Work Zone. This Work shall include both maintaining existing devices (excluding Traffic Signals) and installing additional devices as necessary in construction work zones. When any provisions of this Specification or the Plans do not meet the minimum requirements of the Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration of the project. A The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor (WTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's traffic control responsibilities shall have priority over all other assigned duties. As the representative of the Contractor, the \VTCS shall have full authority to act on behalf of the Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in safe traffic control practices in accordance with Part VI of the MUTCD. In addition to the WTCS all others making decisions regarding traffic control must meet the training requirements of Part VI of the MUTCD. On projects where traffic control duties will not require full time supervision, the Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as satisfactory results are obtained. The WTCS shall have a copy of the MUTCD on the job site. Copies of current MUTCD may be obtained from: U.S. Government Printing Office Superintendent of Documents Mail Stop: SSOP Washington, D.C. 20402-9328 The WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with access to all personnel, materials and equipment necessary to respond effectively to an emergency situation within forty-five (45) minutes ofnotitication of the emergency. The WTCS shall supervise the initial installation of traffic control devices which will be reviewed by the Engineer prior to the beginning of construction. Modifications to traffic control devices as required by sequence of operations or staged construction must be reviewed by the WTCS. The WTCS shall regularly perform inspections to ensure that traffic control is maintained. B. All traffic control devices used during the construction of a project shall meet the Standards utilized in the MUTCD, and shall comply with the requirements of these Specifications, Project Plans, and Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09. C. All reflectorization for construction (black on orange) signs, object markers, and channelization devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other signs shall meet the requirements of Type I unless otherwise specified. D. No work shall be started on any project phase until the appropriate traffic control devices have been placed in accordance with Project requirements. Changes to traffic flow shall not commence unless all labor, materials, and equipment necessary to make the changes are available on the Project. E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation, sequence of work and methods of providing for the safe passage of vehicular and pedestrian traffic before it is placed in operation. The proposed plan of operation should supplement the approved traffic control plan. Any major changes to the approved traffic control plan, proposed by the Contractor, are to be submitted to the Department for approval in accordance with Subsection 104.03 of the Standard Specifications. . /C'-3 I I I I I I I I I I I I I I I I I. I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Some additional traffic control details will be required prior to any major shifts of traffic. The traffic control details shall include, but not be limited to, the following: 1. A detailed drawing showing traffic location and laneage for each step of the change. 2. The location, size, and message of all signs required by the MUTCD, Plans, Special Provisions, and other signs as required to fit conditions. 3. The method to be used in, and the limits of, the obliteration of conflicting lines and markings. 4. Type, location, and extent of new lines and markings. 5. Horizontal and vertical alignment and superelevation rates for detours, including cross section and profile grades along each edge of existing pavement. 6. Drainage details for temporary and permanent alignments. 7. Location, length, and/or spacing of channelization and protective devices (temporary barrier, guardrail, barricades, etc,) 8. Starting time, duration and date of planned change. 9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing workforce, materials, and equipment necessary to accomplish the proposed work. This will be the minimum resource allocation required in order to start the work. The above details shall be submitted to the Engineer for approval at least 14 days prior to the anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has been approved by the Engineer prior to commencement of the physical shift. All preparatory work relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the designated starting time. The Engineer and the Contractor's representative will verify that all conditions have been met prior to the Contractor obtaining materials for the actual traffic shift. F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be maintained in accordance with Subsection 104.05 throughout the construction period. All unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic control devices shall be removed, placed or covered so as not to be visible to traffic. If traffic control devices are left in place for more than ten days after completion of the Work, the Department shall have the right to remove such devices, claim possession thereof, and deduct the cost of such removal from any monies due, or which may become due, the Contractor. G. The Department reserves the right to restrict construction operations when, in the opinion of the Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before, on, or after holidays or other days in which unusual traffic conditions exist, including threatening or inclement weather. 150.02 WORK ZONES: A. In addition to the other provisions contained herein, work zone traffic control shall be accomplished using the following means and materials: 1. Portable advance warning signs as required by the contract or meeting the requirements of the MUTeD and Sub-Section 150.03. 2. Portable sequential or flashing arrow panels as shown in the Plans or Specifications for use on Interstate or multi-lane highway lane closure only, shall be a minimum size of 48" high by 96" TC-~ I I I I I I I I I I I I I I I I I. I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum legibility distance is that distance at which the arrow panel can be comprehended by an observer on a sunny day, or clear night. Arrow panels shall be equipped with automatic dimming features for use during hours of darkness. The arrow panels shall also meet the requirements as shown in the MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on two- lane, two-way highways when traffic is restricted to one-lane operations in which case, appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient. 3. Portable changeable message signs meeting the requirements of Section 632 and the MUTCD. 4. Channelization devices meeting the standards of the MUTCD and Subsection 150.05. 5. Precast concrete barrier meeting the requirements of Section 622. 6. Temporary traffic signals meeting the requirements of Section 647. 7. Pavement marking materials complying with Subsection 150.04.A. B. LANE CLOSURES: 1. All lane closures shall have prior approval of the Engineer. Lane closures that require same direction traffic to be split around the Work Area will not be approved for roadways with posted speeds of 35 mph or greater, excluding turn lanes. 2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the entrance and exit ramps shall have channelization devices placed on both sides of the ramp. The temporary ramp taper length shall be greater than, or equal to, the existing taper length. Interim EXIT gore signs shall be placed at the ramp divergence. Channelization device spacing in the first 100 feet of the temporary gore shall be 25 feet. 3. Termination Area: The transition to normal or full width highway at the end of a lane closure shall be a maximum of 150 feet. 4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07, the Contractor shall remove all signs, lane closure markings, and devices immediately when lane closure work is completed or temporarily suspended for any length of time or as directed by the Engineer. C. TRAFFIC PACING METHOD: 1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the Contractor up to ten (10) minutes maximum to work in or above all lanes of traffic for the following purposes: a. Placing bridge members or other bridge work. b. Placing overhead sign structures. c. Other work items requiring interruption of traffic. The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for each direction of pacing. 'file police officer, Engineer, and flaggers at ramps shall be provided with a radio which will provide continuous contact with the Contractor. . TC-S- I I I I I I 1 I I I I I I I I I I. I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA When ready to start the work activity, the police vehicle will pull into the travel lanes and act as a pilot vehicle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic, with a flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be opened after the police vehicle has passed. Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph non-interstate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared the area. Traffic will not be permitted to stop during pacing except in extreme cases as approved by the Engineer. 2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72 inch) with a Type "B" flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY' (See Detail 150-A). A portable changeable message sign may be used in lieu of the W-special sign. On divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted at the sign, and upon notice that the traffic is to be paced shall turn on the flashing light and reveal the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered or removed. W-special signs are reflectorized black. on orange, Series "C"letters and border of the size specified. -rc-r; 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 7z. TYPE ,- n1SHINC LICHT CJf nUlF'lC SID[ ,- MMGJN ,1.,- IIORD[R ]- IUDIUS 53- 1 I.S. ,- IZ- 12- SER. -C- ",o'lr ~ ~ ~ ~ ~ ~ to. 14 SZ. -I 10. ~~@I~[Q) 15-," .U. "~S. ~~~~[Q) ~~@WJ] .o~~~~ W t..o!. ~'o. .L,':I I-Sl'tC I AI. SIQC ITt~ ~T ..:ucTEDI ,- 12- 11- SEA. -C. S 1 CH $HAL L HI. V[ sua L[ [;tIC) AN) BOROEl' CJf ~ R[FL[CTDAIZED IACtCJtaJHD DETAIL 150-A ,. 12. IZ. su. .e. ~- I. .. stR. -e- ,. D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic unless separated by a positive barrier, or when construction activity necessitates otherwise, and shall not reverse direction except at intersections, interchanges, or approved temporary crossings. E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not interfere with normal traffic operations or acijacent properties. F. Existing street lighting shall remain lighted as long as practical and until removal is approved by the Engineer. G. Adequate temporary lighting shall be provided at all nighttime work sites where workers will be immediately acijacent to traffic. H. For their own protection, workers in or acijacent to traffic during nighttime operation shall wear reflectorized vests. / t::'-7 I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 1. The parking of Contractor's and/or workers personal vehicles within the work area or adjacent to traffic is prohibited. J. The Worksite Traffic Control Supervisor (WTCS) shall monitor the work to ensure that all the rocks, boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are kept clear of the travel way. These items shall be stored in a location, in so far as practical, where they will not be subject to a vehicle running off the road and striking them. K All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate changes ta existing walkways, temporary walkways shall be provided and maintained, with appropriate signs as necessary, ta allow safe passage of pedestrian traffic. 150.03 SIGNS: A. When required for proper traffic control during construction of the project, all existing guide, warning, and regulatory signs shall be maintained by the Contractor in accordance with these Specifications. Existing street name signs shall be maintained at street intersections. All existing illuminated signs shall remain lighted and be maintained by the Contractor. B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered so as not to be visible to traffic. All construction warning signs shall be removed within seven calendar days after time charges are stopped or pay items are complete. Subsequent punch-list or other work to be performed shall be accomplished utilizing temporary construction warning signs that shall be removed daily. C. The Contractor shall not remove any existing signs and supports without prior approval from the Engineer. All existing signs and supports which are to be removed shall be stored and protected as directed by the Engineer, and become the property of the Department unless otherwise specified in the contract documents. D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed, reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractar. The bottom of all interim signs shall be at least seven feet above the level of pavement edge. E. Existing special guide signs on the Project shall be maintained until conditions require a change in location or legend content. When change is required, existing signs shall be modified and continued in use if the required modification can be made within existing sign borders using deSign requirements (legend, letter size, spacing, border, etc.) equal to that 'of the existing signs, or of Subsection 150.03.E.5. Differing legend designs shall not be mixed in the same sign. 1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that are designed with a message content Oegend) that applies to a particular roadway location. When an existing special guide sign is in conflict with work to be performed, the Contractar shall remove the conflicting sign and reset it in a new, non-conflicting location which has been approved by the Engineer. 2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new interim special guide signs in accordance with the Plans or as directed by the Engineer. 3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign structures are not required to be lighted unless specifically required by the Plans. Iflighting is required the sign shall be lighted as soon as erected and shall remain lighted, during the hours of darkness, until the interim sign is no longer required. The Contractor shall notify the Power Company at least thirty (30) days prior ta desiring connection to the power source. -rC-8 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 4. The installation of new permanent special guide signs and the permanent modification or resetting of existing special guide signs, when included in the contract, shall be accomplished as soon as practical to minimize the use of interim special guide signs. Iflighting is required by the Plans, all new permanent overhead special guide signs shall be lighted as soon as erected. 5. Interim special guide signs that may be required in addition to, or a replacement for, existing expressway and freeway (interstate) signs must be designed and fabricated in compliance with the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways" and Part 2F "Guide Signs Freeways" of the MUTCD, except that the minimum size of all letters and numerals in the names of places, streets and highways on all signs shall be 16 inches Series ''E'' initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48 inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the exit road name or route shield shall be placed on the exit gore sign. F. MATERIALS - INTERIM SIGNS: 1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green or silver paint may be used in He.u of galvanization for steel posts or structural shape posts. Wood posts are not required to be pressure treated. 2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1 and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardless of the sign type used. Alternative sign blank materials (composites, poly carbonates, fiberglass reinforced plastics, recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research for use as interim construction signs before these materials are allowed to be incorporated into the work. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum. Plywood blanks or panels will not be permitted. G. All existing, interim and new permanent signs shall be installed so as to be completely visible for an advance distance in compliance with the MUTCD. Limbs, brush, construction equipment and materials shall be kept clear of the driver's line of sight to the signs. H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the MUTeD and shall include a series of at least three advance road construction CW20-1) signs placed at !:be termini of !:be project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET, AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On-ramps and at grade intersecting roadways shall be signed with a minimum of one ROAD WORK AHEAD sign. All construction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each including the project construction signs (G20-1 and G20-2A.) Project mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest whole mile. All construction warning signs on divided highways shall be double indicated (Le., on the left and right sides of the roadway.) 1. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where tbe lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable support. Vehicle mounted panels shall be provided with remote controls. Minimum mounting height shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels which should be as high as practical. J'. The portable changeable message sign, when specified, shall be placed ahead of construction activities and shall meet the requirements of Section 632 and the MUTCD. -rc-? I I I I I I I I I I I I I I I I I. I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA K The flashing beacon assembly, when specified, shall be used in conjunction with construction warning signs, regulatory, or guide signs to inform traffic of special road conditions which require additional driver attention. The flashing beacon assembly shall be installed in accordance with the requirements of Section 647. 150.04 PAVEMENT MARKINGS A. 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 MUTCD are required on all courses before the roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E. During construction and maintenance activities on all highways open to traffic, both existing markings and markings applied under this Section shall be fully maintained until Final Acceptance. If the pavement markings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering, or construction activities, they shall be restored immediately. On resurfacing projects pavement markings shall be provided on all surfaces that are placed over existing markings. On widening and reconstruction projects (where the lane configuration is altered from the pre-construction layout) pavement markings will be as required by the Plans or the Engineer. On new construction projects pavement marking plans will be provided. B. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width and shall conform to the requirements of Section 652, except as modified herein. Raised pavement markers (RPMs) shall meet the requirements of Section 654. Markings on the fmal surface course which must be removed shall be a removable type. The Contractor will be permitted to use paint, thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise directed by the Engineer. Partial (skip) reflectorization (i.e. reflectorizing only a portion of a stripe) will not be allowed. C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of markings in the final lane configuration at the earliest possible stage. Inappropriate or conflicting existing pavement markings shall be removed. When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall be removed prior to, during, or immediately after any change so as to present the least interference with traffic. Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the project for immediate use. If marking removal equipment failures occur, the equipment shall be repaired or replaced (including leasing equipment if necessary), so that the removal can be accomplished without delay. Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course, when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid for only once and further traffic shifts in the same area shall be accomplished with removable markings. Only the minimum asphaltic concrete thickness required to cover lines (generally 60 IbJsq. yd. of Asphaltic Concrete "H") will be allowed. Excessive build-up will not be permitted. When an overlay for the sole purpose of eliminating conflicting markings is not allowed, the markings no longer applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting pavement markings by overpainting with paint or liquid asphalt is not acceptable. D. Raised pavement markers CRPMs) are required as listed below for all asphaltic concrete pavements before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or final surface and is open to traffic, one calendar day is allowed for cleaning and drying before the installation of RPMs is required. TC-/CJ I I I I I I I I I I I I I I I I I. I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 1. On Interstate and limited access highways under construction, excluding projects consisting primarily of asphalt resurfacing items, retro-reflective raised pavement markers (RPMs) shall be placed and/or maintained on intermediate pavement surfaces opened to traffic as follows: a. SUPPLEMENTING LANE LINES: 80 foot centers on skip lines with curvature less than three degrees. (Includes tangents.) 40 foot centers on solid lines and all lines with curvature between three degrees and six degrees. 20 foot centers on curves over six degrees. 20 foot centers on lane transitions or shifts. b. SUPPLEMENTING RAMP GORE LINES: 20 foot centers, two each, placed side by side. c. OTHER LINES: As shown on the plans or directed by the Engineer. 2. On other highways under construction RPMs shall be used and/or maintained on intermediate pavement surfaces as follows: a. SUPPLEMENTING LANE LINES AND SOLID LINES: 40 foot centers except on lane shifts. (When required in the Plans or Contract.) 20 foot centers on lane shifts. (Required in all cases.) b. SUPPLEMENTING DOUBLE SOLID LINES: 40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans or Contract.) - 20 foot centers on lane shifts. (Required in all cases.) RPMs are n2t allowed on right edge lines. E. EXCEPTIONS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern of markings are permitted as noted below, however, full pattern pavement markings are required for the completed project. 1. TWO-LANE, TWO-WAY ROADWAYS a. SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes shall be at least four feet long with a maximum gap of 36 feet. On curves greater than six degrees, a two-foot stripe with a maximum gap of 18 feet shall be used. In lane shift areas skip lines will not be allowed. Solid Lines will be required. Interim skip lines will be permitted for a period not to exceed 14 calendar days. Interim skip lines must be replaced with markings in full compliance with Section 652 prior to expiration of the 14 calendar day period. TC-// I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Interim raised pavement markers may be substituted for the interim skip (broken) stripes. Ifraised pavement markers are substituted for the four foot interim skip stripe, four markers spaced at equal intervals over a four feet distance will be required. No separate payment will be made if the interim raised pavement markers are substituted for interim skip lines. Interim raised pavement markers shall be retro-reflective, shall be the same color as the pavement markers for which they are substituted, and shall be visible during daytime. The type of interim marker and method of attachment to the pavement must be approved by the Office of Materials and Research but in no case will the markers be attached by the use of nails. The interim raised pavement markers must be maintained until the full pattern pavement markings are applied. At the time full pattern pavement markings are applied the interim raised markers shall be removed in a manner that will not interfere with application of the full pattern pavement markings. b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three . calendar days where skip centerlines are in place, no-passing zones may be identified by using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the beginning and at intervals not to exceed 1/2 mile within each no-passing zone. A post or portable mOWlted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be placed at the end of each no-passing zone. Post mounted signs shall be placed in accordance with the MUTCD. Portable signs must have a minimum vertical height of three feet above the pavement surface to the bottom of the sign and be secured in such a manner as to not be easily blown over or misaligned. c. EDGELINES: (1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that are in use for a period of less than 60 calendar days except at bridge approaches, on lane transitions, lane shifts, and in such other areas as determined by the Engineer. On the final surface, edgelines must be placed within 30 calendar days of the time that the final surface was placed. I I I I. I I (2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that are in use for a period of less than 30 calendar days except at bridge approaches, on lane . transitions, lane shifts, and in such other areas as determined by the Engineer. On the final surface, edgelines must be placed within 14 calendar days of the time that the surface was placed. d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols, words and other similar markings shall be placed on final surfaces conforming to Section 652 within 14 calendar days of completion of the final surface. On intermediate surfaces these markings will generally not be required unless specified by the Engineer because of special conditions or when the intermediate surface will be in use for more than 45 calendar days. 2. MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S) FOUR FEET OR LESS a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE) (1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers shall be restored before nightfall. TC-/2.- I I I I I I I I I I I I I I I I I I I DEP ARTMENT OF TRANSPORTATION STATE OF GEORGIA (2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.1.a. may be used for periods not to exceed three calendar days. (3) Edgelines - Edgelines shall be placed on intermediate and final surfaces within three calendar days of obliteration. b. DIVIDED HIGHWAYS (GRASS OR RAlSED MEDiAN) (1) Lanelines - Full pattern skip stripe shall be restored before nightfall. (2) CenterlinelEdgeline - Solid lines shall be placed on intermediate and final surfaces within three calendar days of obliteration. c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.l.d. 3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER THAN FOUR FEET a. Same as Subsection 150.04.E.2. except as noted in (b) below. b. EDGE LINES - (1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and fInal surfaces prior to opening to traffic. (2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to traffic no later than one calendar day after work is completed on a section of roadway. All water and residue shall be removed prior to daily striping. F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall furnish layout, clean as necessary, and preline the surface for the placement of pavement markings applied under this Section. All existing marking tape on final surfaces shall be removed prior to placement of final markings. Pavement markings shall re-establish No-Passing Zones in the locations and configuration that existed prior to construction. Existing No-Passing Zones shall be clearly identified as to location prior to construction by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new location projects and on projects where either horizontal or vertical alignments have been modified, the location of No-Passing Zones will be identified by the Engineer. G. MOBILE OPERA.TIONS: When pavement markings (centerlines, lane lines, and edge lines) are applied in a continuous operation by moving vehicles and equipment, the following minimum equipment and warning devices shall be required in addition to the requirements of the MUTCD: 1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicle is not required for low volume off-system routes and one-way traffic applications. 2. The work vehicle applying markings shall have a sequential or flashing arrow panel mounted on the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel shall be mounted so as to be easily visible to oncoming traffic. The work vehicle shall follow directly behind the lead vehicle. 3. The work vehicle placing cones shall follow directly behind the work vehicle applying the markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the rear. -/ -c-/3 I I I I I I I I I I I I I I I I I. I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection vehicle shall also display a prominent sign with the legend PASS ON LEFT (RIGHT). On interstate and limited access roadways, the protection vehicle shall be equipped with a truck mounted attenuatar (TMA) that is certified for impacts not less than 45 mph in accordance with NCHRP 230. 5. All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right- side rear mounted flashing yellow lights. 150.05 CHANNELIZATION A. GENERAL: Channelization should clearly delineate the travelway through the work zone and alert drivers and pedestrians to conditions created by work activities in or near the travel way. Channelization shall be done in accordance with the plans and specifications, the MUTCD, and the follOwing requirements. . 1. Types of Devices Permitted for Channelization in Construction Work Zones: a. DRUMS: (1) DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be reflectarized as required in Subsection lS0.01.C. (2) APPLICATION: Drums shall be used as the required channelizing device to delineate the full length of a lane closure, shift, or encroachment, except as modified by this Subsection. (a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all transition tapers. The minimum length of the approach transition taper for a lane closure, shift, or encroachment for highways with posted speed of 45 mph or greater shall be equal to the lane width of lateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not less than 150 feet. For multiple lane closures, only one lane may be closed per taper with a minimum tangent length of 2L between tapers. The length of a closed lane, excluding the transition taper, will be limited to two mile, unless otherwise approved or directed by the Engineer. Drums shall be placed the full length of the taper spaced at maximum intervals in feet equal to the numerical speed limit (EXAMPLE: 55 Mph Speed Limit = 55 feet maximum spacing). For taper lengths on urban, residential or other streets where the posted speed is 40 mph or less, the minimum length of the approach transition taper may be computed using the formula L = WS2/60. Greater taper length shall be used when required for individual situations. Drums with steady burning lights, for the length of the taper only, are required if the condition exists into the night. (b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for various roadside work conditions except as modified by Subsection 150.06. Spacing shall be used for situations meeting any of the conditions listed as follows: (1) 50 FOOT SPACING MAXIMUM: (a) For difference in elevation exceeding two inches. (b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail 150-Eoo /c-/~ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (2) 100 FOOT SPACING MAXIMUM: (a) For difference in elevation of two inches or less. (b) F1ush areas where equipment or workers are within ten feet of the travel lane. (3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane. (a) For paved areas eight feet or greater in width that are paved flush with a standard width travel lane. (b) For disturbed shoulder areas not completed to typical section that are flush to the travel lane and considered a usable shoulder. When the appropriate signs are posted advising of conditions such as soft or low shoulder, drums may be removed after shoulders are completed to typical section and grassed and after guardrail or other safety devices have been installed. b. VERTICAL PANELS: (1) DESIGN: All vertical panels shall have a minimum of 270 square inches ofretro-reflective area facing the traffic and shall meet the requirements of the MUTCD. (2) APPLICATION: Lane encroachment by the drum on the travelway should permit a remaining lane width often feet. When encroachment reduces the travelway to less than ten feet, vertical panels shall be used to restore the travel way to ten feet or greater. No other application of vertical panels will be permitted. c. CONES: (1) DESIGN: All cones shall be a minimum of 28 inches in height regardless of application and shall meet the requirement of the MUTCD. (2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime work will not be permitted. d.- BARRICADES: (1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized as required in Subsection l50.01.C. (2) APPLICATION: Type III barricades shall be placed as required by the plans, the Standards, and as directed by the Engineer. e. WARNING LIGHTS: (1) DESIGN: All warning lights shall meet the requirements of the MUTCD. (2) APPLICATION: (a) Type A low-intensity flashing lights shall be used as shown in the Plans, the Standards, and as directed by the Engineer. Flashing lights are not required for advance warning signs in Subsection lSO.03.H. -rC-/5 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 (b) Type C Steady-Burn lights shall be used on all tapers when the condition existl into the night. Steady-bum lights shall also be used as shown in the Plans, the Standards, and as directed by the Engineer. . f. PORTABLE BARRIERS: (1) DESIGN: Portable Barriers shall meet the requirements of Section 622 - PRECAST CONCRETE BARRIER. (2) APPLICATION: Portable Barriers shall be placed as required by the plans. standards, and as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel lane, yellow reflectors shall be fixed to the top of the barrier at intervals not greater than 50 feet and shall be mounted approximately two inches above the barrier. The reflectors shall be either 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels, or 8" diameter center-mounted sealed prismatic reflex reflectors housed in an aluminum backing with a single grommeted hole. Approach end of Portable Barrier shall be flared or protected by an impact attenuater (crash cushion) or other approved treatment in accordance with Georgia Standard 4960, Construction Details and Standard Specifications. On interstate or other controlled access highways where lane shifts or crossovers cause opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as a separator. B. TEMPORARY SAND LOADED A'ITENUATOR MODULES 1. DESCRIPTION: This work consists of the furnishing, installation, maintenance, relocation, reuse as required, and removal of Temporary Sand Loaded Attenuater Modules for traffic impact attenuaters. 2. MATERL<\LS: Materials used in the Attenuator shall meet the requirements of Subsection 648.02 for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules _ Stabilizer Drums with Wine Glass shaped Inner Containers. 3. CONSTRUCTION: Temporary Sand Loaded Attenuatar Module installation shall conform ta the requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locations designated by the Engineer. C. PORTABLE IMPACT ATTENUATORS: 1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation, maintenance, relocation, reuse as required, and removal of Portable Impact Attenuatars. 2. MATERIALS: Materials used in the Attenuatar shall meet the requirements of Section 650 for Type A Portable Impact Attenuators. 3. CONSTRUCTION: Portable Impa.ctAttenuator installation shall conform: ta the requirements of Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locations designated by the Engineer, and/or shown on the plans. D. TEMPORARY GUARDRAIL ANCHORAGE - Type 11: 1. DESCRIPTION: This work consists of the furnishing, installation, maintenance and removal of Temporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail end treatment. TC-/~ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 2. MA.TERIALS: Materials used in the Temporary Guardrail Anchorage _ Type 11 shall meet the requirements of Subsection 641.02 of the Standard Specifications and current Georgia Standards and may be new or used. Materials salvaged from the Project which meet the requirements of Standards may be utilized if available. The use of any salvaged materials will require prior approval of the Engineer. 3. CONSTRUCTION: Installation of the Temporary Guardrail Anchorage _ Type 11 shall conform to the requirements of the Plans, current Georgia Standards and Subsection 641.03 of the Standard Specifications. Installation shall also include sufficient additional guardrail and appurtenances to effect the transition and connection to Temporary Concrete Barrier as required by the details in Georgia Standard 4960. 150.06 EXCAVATION ADJACENT TO A TRAVEL LANE: Construction work involving trenching adjacent to a travelway shall not begin until the Contractor is able to continuously place the required typical section to within two inches of the existing pavement elevation, or heal the remaining difference in elevation to the traveled way as shown in Detail ISO-E. Channelization devices and placement during the construction period shall conform to the requirements of Subsection 150.05 and Details l50-B, l50-C, l50-D, and l50-E shown herein. In addition to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT) (RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream of the point where channelization devices are erected on the paving edge. A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-<lffs in elevation of more than two inches between surfaces carrying, or adjacent to, traffic will not be allowed for more than 24 hours. However, where the Contractor has demonstrated the ability to continuously excavate and backfill in a proficient manner, a single length of excavated area not to exceed 1000 feet may be left open as a start up area for periods not to exceed 48 hours. B. ASPH...\.L T BASESIBINDERS: Drop-offs in elevation of more than two inches between surfaces carrying or adjacent to traffic will not be allowed for more than 48 hours. C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work adjacent to ilie traveled way which involves these types of bases shall be healed within 48 hours after the curing period is complete for each section placed. During the placement period, traffic control devices will be in accordance with Subsection 150.05 and Detail150-B. D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRA VELWAY: Work such as drainage structures, utility facilities, or any other work which results in a drop-off adjacent to the travelway shall be performed expeditiously so as to minimize the exposure to the hazard. As soon as practical, the excavation shall be backfilled to the minimum requirements of Detail 150-E. In no case will the drop-<lffbe allowed to exist more than five calendar days. This may require stage construction, such as plating and backfilling the incomplete work. -rc- /7 I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA NOTE. Drums reQUIred for thIs locotton.sooced ot SO FT. Intervols. If the traveled way wIdth Is reduced to less thon 10 feet by the use of drums. vertIcal ponels shall be used In lieu of drums. locatIon of drums when drop-off exceeds 4 Inches. ----------\ . . ------------- c t NEW CONSTRUCTION 1< TRAVEL LANE ~ DROP-OFF GREATER THAN 4 INCHES DETAIL 150-8 Drums spoced at 50 feet Intervols. Locotlon of drums when drop-off Is 2+ Inches to 4 Inches. _1:.:.-=-______\ -----------\ c t NEW CONSTRUCTION ~( TRAVEL LANE ~ DROP-OFF OF 2 + INCHES TO -4 INCHES DET AIL ISO-C -r-c-/t? 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 Drums spaced at .00 feet Intervals. LocatIon of drLnlS when drop-off fs 2 fnches or less. "-.fT .:~______\ -----------\ < t NEW CONSTRUCTION + TRAVEL LANE b DROP-OFF OF 2 INCHES OR LESS DETAIL 150-0 Lacotlan of drums Immedfotely after completIon of heoled sectIon. spoced at SO ft. Intervals. Compacted groded aggregate. subbase materIal or dIrt. TOP OF DRUM TO BE LEVEL 2 ft. +/- ----------~~ ----------~\ NO STEEPER THAN 4:1 ~ .: 'It NEW CONSTRUCTION + TRAVEL LANE 1r--+ HEALED SECTION DET AIL 150-E TC- /1 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 150.07 FLAGGING AND PILOT CARS: A. F1aggers shall be provided as required to handle traffic, as specified in the Plans'or Special Provisions, and as required by the Engineer. B. AJl flaggers shall meet the requirements of the MUTCD and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provid'e 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). C. F1aggers shall wear high-visibility clothing in compliance with the MUTCD and shall use a Stop/Slow paddle meeting the requirements of the MUTCD for controlling traffic. The Stop/Slow paddles shall have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow paddle, a flagger may use a 24 inches square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements of the MUTCD. E. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTeD. 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. 150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporary traffic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section 150 (TRAFFIC CONTROL) will result in non-refundable deductions of monies from the Contract as shown in this Subsection for non-performance of Work. Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending all other work on the Project, except erosion control and traffic control, taking corrective action as specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to the deductions for non-performance of traffic control. -rc-co I I I I I I I I I I I I I I I I I I I .1.J~rAKTM.ENT OF TRANSPORTATION STATE OF GEORGIA SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE 1- ORIGINAL TOTAL CONTRACT AMOUNT I 1 From More Than I To and Including Daily Charee $0 $100,000 $100 100,000 1,000,000 250 1,000.000 5,000,000 500 5,000,000 20,000,000 750 20,000,000 40,000,000 1,000 40,000,000 - 1,500 150.09 MEASUREMENT: A. TRAFFIC CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows: When the first Construction Report is submitted, a payment of25 (twenty-five) percent of the Lump Sum price will be made. For each progress payment thereafter, the total of the Project percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid (less previous payments), not to exceed one hundred (100) percent and subject to normal retainage. When no payment item for Traffic Control-Lu.mp Sum is shown in the Proposal, all of the requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of complying with these requirements will not be paid for separately, but shall be included in the overall bid submittal. B. SIGNS: When shown as a pay item in the contract, interim special guide signs will be paid for as listed below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid for under Traffic Control Lump Sum or included in the overall bid submitted. 1. Interim ground mounted or interim overhead special guide signs will be measured for payment by the square foot. This payment shall be full compensation for furnishing the signs, including supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting, and final removal from the Project. Payment will be made only one time regardless of the number of moves required. 2. Remove and reset existing special guide signs, ground mount or overhead, complete, in place, will be measured for payment per each. Payment will be made only one time regardless of the number of moves required. 3. Modify special guide signs, ground mount or overhead, will be measured for payment by the square foot. The area measured shall include only that portion of the sign modified. Payment shall include materials, removal from posts or supports when necessary, and remounting as required. -r-~c/ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622. D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured as specified in Section 632. E. TEMPORARY GUARDRAIL ANCHORAGE, Type 11: Temporary Guardrail Anchorage _ Type 11 will be measured by each assembly, complete in place and accepted according to the details shown in the plans, which shall also include the additional guardrail and appurtenances necessary for transition and connection to Temporary Concrete Barrier. Payment shall include all necessary materials, equipment, labor, site preparation, maintenance and removal. F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation _ Temporary will be measured as specified in Section 647. G. FLASHING BEACON ASSEMBLY: F1ashing Beacon Assemblies will be measured as specified in Section 647. H. TEMPORARY, SAND LOADED A'ITENUATOR MODULES: Each Sand Loaded Attenuator Module of the type specified includes all material components, hardware, incidentals, labor, site preparation and maintenance. Each module will be measured for payment by the drum only once regardless of the number oflocations installed. Modules to replace those damaged or destroyed by traffic impact will also be measured by the unit for payment. Upon completion of the project, the modules shall be removed and retained by the Contractor. I. PORTABLE IMPACT ATTENUATORS: Each Portable Impact Attenuator will be measured by the unit which shall include all material components, hardware, incidentals, labor, site preparation, and maintenance, including spare parts recommended by the manufacture for repairing minor accident damage. Each unit will be measured only once regardless of the number oflocations installed, moves required, or number of repairs necessary because of traffic damage. Upon completion of the project, the units shall be removed and retained by the Contractor. J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150. 150.10 PAYMENT: When shown in the Schedule ofItems in the Proposal, the following items will be paid for separately. Item No. 150. Traffic Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sum Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile Item No. 150. Traffic Control, Solid Traffic Stripe, Thermoplastic Inch, (Color) .................. . . . . . . . . . per Linear Mile Item No. 150. Traffic Control, Skip Traffic Stripe, Thermoplastic Inch, (Color) ........................... per Linear Mile Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors. . . . . . . . . . . . . . . .. per Each Item No. 150. Traffic Control, Raised Pavement Markers - All Types. . . . . . . . . . . . . . . . . " per Each Item No. 150. Interim Ground Mounted Special Guide Signs. . . . . . . . . . . . . . . . . . .. per Square Foot Item No. 150. Interim Overhead Special Guide Signs. . . . . . . . . . . . . . . . . . . . . . . . .. per Square Foot 7&ZZ I Item No. 150. I Item No. 150. I Item No. 150. I Item No. 150. 1 tem No. 150. I Item No. 150. I Item No. 150. Item No. 150. I Item No. 622. Item No. 632. I Item No. 641 Item No. 647. I Item No. 647. I Item No. 647. I I I I I I I I I lJ~r AKTMENT OF TRANSPORTATION STATE OF GEORGIA Remove & Reset Existing Special Guide Signs, Ground Mount, Complete in Place. . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . .. per Each Remove & Reset, Existing Special Guide Signs, Overhead,Complete in Place ..................................... Per Each Traffic Control, Temporary Sand Loaded Attenuator Modules ............ per Each Traffic Control, Portable Impact Attenuator . . . . . . . . . . . . . . . . . . . . . . . . . . " Per Each Traffic Control, Pavement Markers, Words and Symbols . . . . . . . . . .. per Square Foot Traffic Control, Pavement Arrow (Painted) With Raised Reflectors ........ per Each Modify Special Guide Sign, Ground Mount. . . . . . . . . . . . . . . . . . . . . " per Square Foot Modify Special Guide Sign, Overhead ........................... per Square Foot Precast Concrete Median Barrier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per Linear Foot Changeable Message Sign, Portable .................................. per Each Temporary Guardrail Anchorage, Type 11 ............................. per Each Traffic Signal Installation, Temp .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ! Lump Sum Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . " per Each Flashing Beacon Assembly, Cable Supported. . . . . . . . . . . . . . . . . . . . . . . . . " per Each -rc-Z-.3 1 I I ------------------------------------------------------------------------------- S.P. CODE SPECIAL PROVISIONS DESCRIPTION 1.------------------------------------------------------------------------------- 106-1-93-SP CONTROL OF MATERIALS 1107-1-93-SP LEGAL REGULATIONS (ENVIRONMENTAL)COUNTY/CITY CONTRACTS 108-1-93-SP WAIVE PROGRESS SCHEDULE 109-1-93-SP PARTIAL PAYMENT (CITY/COUNTY CONTRACTS) 152-1-93-SP FIELD LABORATORY BUILDING ~61-2-93-SP SOIL EROSION & SEDIMENTATION (COUNTY/CITY CONTRACTS) ~OO-2-93-SP ASPHALTIC CONCRETE (COUNTY CONTRACTS) 402-1-93-SP RECYCLED ASPHALTIC CONCRETE (COUNTY CONTRACTS) ~20-1-93-SP ASPHALT CEMENT ~~t~=~~=~~ _~~~\S~~~;~~ m~\t:'~-:T ~12d.^ts\\-h )\ A98-0-00-SP ____ J _, 199-0-00- PLANS ~ ) DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISIONS DATE: 04/15/99 PAGE: 1 CONTRACT ID : C31655-99-000-0 INTERSECTION IMPROVEMENTS ON HEPHZIBAH MCBEAN RD AT BROTHERSVILLE RD IN AUGUSTA. 1 I I I I I I I 1 I I CL-\ I I I I. I I I I I I I I I I I I I I I . cOla ENGUSH May 21, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION pf(J)P 3530 .. ~O Q4S} SECTION 106 - CONTROL OF MATERIALS I:~~ 106.03 SAMPLES, TESTS, CITED SPECIFICATIONS: Delete the second paragraph in this Subsection and substitute the following: For work performed tmder Section 400, Hot Mix Asphaltic Concrete Construction, all materials shall be inspected and tested by the Hot Mix Producer before incorporation into the Work. All quality control samples shall be taken and tested by the Hot Mix Producer's designated quality control technician. Such tests shall be performed at the Hot Mix Producer's expense and in accordance with the methods of tests established by the Department. Copies of all tests performed by the Hot Mix Producer shall be furnished to the Engineer and will become a part of the project records. At the discretion of the Department, the Hot Mix Producer's quality control tests may be used as acceptance tests. The Department will maintain surveillance of the Hot Mix Producer's Quality Assurance Acceptance Program and shall take samples and conduct tests as necessary to verify correctness of the Ho~ Mix Producer's quality control tests and determine acceptability of materials and construction. The Hot Mix Producer shall be responsible for the quality of the construction and materials incorporated therein. Materials and Research C:::<=-~~ I I I. I I I I I I I I I I I I I I I I Revision: May I, 1994 STATE OF GEORGIA DEPARTMENT OF TRANSPROTATION SPECIAL PROVISION SECTION 107 - LEGAL REGULATIONS AND RESPONSffiILITY TO THE PUBLIC DELETE SUB-SECTION 107.23 AS WRITTEN AND SUBSTITUTE THE FOLLOWING: 107.23 ENVIRONMENTAL CONSIDERATIONS: All environmental 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). After July 1, 1991, State funded projects must comply with the requirements of Chapter 16 of Title 12 of the Official Code of Georgia Annotated, the Georgia Environmental Policy Act (GEPA), of 1991. In compliance with GEPA, those projects for which Federal funding is sought, and NEP A compliance is accomplished, are exempt from the requirements of GEP A. GEP A requires that environmental documentation be accomplished for County or City projects if more than 50 percent of the total project cost is funded by a grant of a State Agency or a grant of more than $250,000.00 is made by the State Agency to the municipality or County. The "responsible official of the government agency shall determine if a proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment". A. THE FOLLOWING PROJECTS WOULD NOT SIGNlFICANTL Y ADVERSELY AFFECT THE QUALITY OF THE ENVIRONMENT: Non-land disturbing activities and minor land disturbing activities which 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 would not be subject to environmental assessment of any kind. Hearing procedures outline in GEP A would not be applicable. 1. Minor roadway and non-historic bridge projects. a. Modernization of an existing highway by resurfacing, restoration, rehabilitation, adding shoulders, widening a single lane or less in each direction and the addition of a median within previously disturbed existing right-of-way. 1 G c.., - :s I I I I. I I I I I I I I I I I I I I I b. Adding auxiliary lanes for localized purposes (weaving, climbing, speed changes, etc.), and correcting substandard curves and intersections within previously disturbed existing right- of-way. c. Non-historic bridge replacement projects in existing alignment with no detour bridge. 2. Lighting, signing, pavement marking, signalization, freeway surveillance and control systems, and railroad protective devices. 3. Safety projects such as grooving, glared screen, safety barriers, energy attenuators, median barriers, etc. 4. Highway landscaping and landscaping modification, rest area projects and truck weigh stations within previously disturbed existing right-of-way. 5. Construction of bus shelters and bays within existing right-of-way. 6. Temporary replacement of a highway facility which is commenced immediately after the occurrence of a natural disaster or catastrophic failure to restore the highway for the health, welfare, and safety of the public. B. THE FOLLOWING PROJECTS MAY NOT SIGNIFICANTL Y ADVERSELY AFFECT THE QUALITY OF THE ENVIRONMENT: For projects which will cause land disturbance and for which there is no anticipation that the project may significantly adversely affect the quality of the environment, certain studies will be undertaken. These studies would serve to document whether or not the County or municipality should anticipate that a project might significantly adversely affect the quality of the environment. Documentation of the studies will be accomplished through the use of the "GEP A Investigation Studies" checklist. The types of projects, which would fall under the category, would include: 1. Bridge replacement projects on new location of with a detour bridge, 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. 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 species and no significant adverse impact to wetlands. r 4. Rest area projects and truck weigh stations with no purchase of additional right-of-way. 2 ~ C-L\ I I I I. I I I I I I I I I I I I I I I 5. New location 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. 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 environment, development of an environmental effects report (EER) will be undertaken along with full GEP A compliance. C. THE FOLLOWING PROJECTS MAY SIGNIFICANTLY ADVERSELY AFFECT THE QUALITY OF THE ENVIROMENT: 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. EER PROCEDURE: GEP A calls for consideration of the "cumulative effect of the proposed government actions on the environment. . . . . .if a series of proposed government actions are related either geographically or as logical parts in a chain of contemplated actions". Therefore, EER's for sections of roadways to be widened or built as new location facilities will include all projects which are connected geographically or as logical parts in a chain of contemplated actions. 1. During preparation of an environmental effect report, the County or Municipality will consult with and solicit comments from agencies which have jurisdiction by law, special expertise, or other interest with respect to environmental impacts. 2. In compliance with GEP A the following shall be contained in the EER, at a minimum: a. Cover sheet; b. Executive summary; c. Alternatives, including the no-build; d. Relevant environmental setting; Geology, soils, water supply and wetlands, floral 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; 3 ~c-s I I I I. I I I I I I I I I I I I I I I 1. Comments of agencies which have jurisdiction by law, special expertise, or other interest with respect to any environmental impact or resource; 3. At least 45 days prior to making a decision as to whether to proceed with the undertaking, publish in the "legal organ of each County in which the proposed governmental action or any part thereof is to occur, notice that an environmental effects report has been prepared". 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 in each affected county if at least 100 residents of the State of Georgia request one within 30 days of publication in the legal organ of an affected County. The responsible official or his designee my hold a public hearing if less than 100 requests are received. [The county or municipality is not relieved of other State legal requirements of public hearings, however.] 7. Following the public notice period and/or public hearing, a summary of the document, comments received and 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. This decision document, when signed by the responsible official, will be sent to the Director, EPD, and an abbreviated notice of the decision will be published in the legal organ of each County in which the proposed governmental action or any part thereof is to occur. 9. A copy of the decision document, the EER and public hearing comments (if any) will be sent to the DEPARTMENT OF TRANSPORTATION, OFFICE OF ENVIRONMENT AND LOCATION and the DEPARTMENT OF NATURAL RESOURCES, ENVIRONMENTAL PROTECTION DIVISION for their files. DEPARTMENT OF TRANSPORTATION OFFICE OF ENVIRONMENT AND LOCATION 3993 A VIA TION CIRCLE ATLANTA, GEORGIA 30336 DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION 205 BUTLER STREET, SE SUITE 1152 ATLANTA, GEORGIA 30334 Any mitigation measures identified in the EER will be incorporated intQ the final project plans. Office of State Aid 4 ~,=-- \0 I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 Section 108 - Prosecution and Progress For this project the progress schedule required by Subsection 108.03, need not be submitted. I I I I I I I I I I ~c-'-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 GEORIA SUPPLEMENTAL SPECIFICATION August 7, 1995 SECTION 109 - MEASUREMENT & PAYMENT (CITY/COUNTY CONTRACTS) 109.07 PARTIAL PAYMENTS: Retain as written except as follows: A GENERAL: Delete "At the end of each calendar month" -----and substitute "On the 10th day of each calendar month-----". Office of State Aid ~c--~ II' . I I. I. I I I I I I. I I I I I I I I I . DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA May 21, 1998 SPECIAL PROVISION pe LoP '8530- (P~4~) SECTION 152 - FIELD LABORATORY Bun..DING 152.03 Plant Laboratory Buildings: Delete Items 3, 4, and 5 and substitute the following: ITEM 3: 1 Each - Computer, IBM or IBM Compatible '- 540 Megabyte Hard Disk Drive (Minimum) - 3 1/2 inch High Density Floppy Disk Drive - CD-ROM Drive (4X Minimum) Windows 95 Operating System - Mouse Modem 9600 Baud (Minimum) 1 Parallel and 2 Serial Ports 16 Megabyte Random Access Memory Expandable to at Least 32 Megabytes - VGA Monitor - 486 Microprocessor Operating at 33 Megahertz (Minimum) ITEM 4: 1 Each - Printer (Desk Jet HP Letter quality printer) Materials and Research .~~-~ 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 FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 Section 161 - Control of Soil Erosion and Sedimentation Retain as written and add the following: It shall be the responsibility of the county or city to meet the requirements of Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the Erosion and Sedimentation Act of 1975, as currently amended. ~ <:::- - \ (J I' I I I I I I I I I I I I I I I I I I August 4, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA .' , SPECIAL PROVISION (For "Off-System" Contracts Only) pe LoP %s30'~ ~o Cc~.4S) , .~::,.. SECTION 400 - HOT MIX ASPHALTIC CONCRETE CONSTRUCTION 400.02 MATERIALS: Delete Items H. and J. and substitute the following: H. Bituminous Tack Coat: Asphalt Cement Grade PG 58-22, PG 64-22, PG 67-22 820.01 400.05.C.4: LEVELING COURSE: Delete second paragraph and substitute the following: Mixtures for leveling courses shall meet the requirements of the approved Job Mix Formula as defined in Subsection 400.06 and all appropriate requirements of Section 828 and will be subject to Acceptance as stated in Subsection 400.07.A. TABLE 400.05.C.4.a.: PATCHING AND LEVELING: Delete and substitute the following: Thickness Rate of Spread Type of Mix Up to 3/4" 3/4" to 1 1/2" 1 1/2" to 2" 2" to 3" Over 3" Up to 85 lbs./s.y. 85 lbs./s.y. to 165 lbs./s.y. 165 lbs./s.y. to 220 lbs./s.y. 220 Ibs./s.y. to 330 lbs./s.y. Over 330 lbs.ls.y. 4.75 mm Mix or 9.5 nun Superpave 9.5 mm Superpave 12.5 mm Sliperpave 19 mm Superpave 25 m.m Superpave or 37.5 mm Superpave 400.0S.D.1. THICKNESS OF LAYERS: I?elete and substitute the following: Minimum Maximum Maximum Layer Layer Total Mix Type Thickness Thickness Thickness 37.5 mm Superpave 3" 5"* 25 mm Superpave 3" 5"* 19 mm Superpave 1 3/4" 3"* 12.5 nun Superpave 1 3/8" 2" 6" 9.5;nm Superpave 7/8" (85 Ib/s.y.) 1 1/2" 4" 4.75 mmMix 3/4" (80 lb./s.y.) 1 1/8" 2" * On trench widening, which is defined as widening no more than four feet in width, allow up to 6" per lift. ~~-\\ I I I. I I I I I I I I I I I I I I I I 400.0S.D.3. ROLLING OPERATION: Delete the last sentence and add the following: Pneumatic-Tired rollers shall be used in conjunction with breakdown rollers on all surface and subsurface courses except that pneumatic-tired rollers may be excluded at the discretion of the Engineer when polymer modified asphalt is used in the Asphaltic Concrete mixtures. ,'U' :.~. 400.0S.E. CONTINUITY OF OPERATIONS: Delete and substitute the following: 'x: Plant production, transportation, and paving operations shall be so coordinated that a uniform continuity of operation is maintained. If spreading operations are interrupted, the Engineer may require that a transverse joint be constructed any time the mixture immediately behind the paver screed cools to less than 2500 F. .. ;. 400.0S.F.: CONSTRUCTION OF CONTROL STRIPS AND DETERMINATION OF TARGET DENSITY: Delete and substitute the following: Construction of control strips will not be required and 96% of Laboratory Density shall be used to control compaction or if job conditions warrant, the Engineer may establish a maximum practical density. For Asphaltic Concrete with a plan spread rate of 125 Ibs.lyds.2 or less, density tests will not be required. These courses shall be compacted as follows: 1. COMPACTION EQUIPMENT: The compaction equipment must be in good mechanical condition and capable of compacting the mixture. The number, type, size, operation, and condition of the compaction equipment shall be subject to the approval of the Engineer. A minimum of the following equipment shall be required: a. One steel wheel breakdown roller weighing at least 10 tons or vibratory roller operating at low amplitude and at a minimum frequency of 47 Hz. b. One' rubber tire roller weighing at least 8 tons or exerting at least 80 IbsJ in.2 contact pressure. c. One steel wheel finishing roller weighing at least 8 tons or vibratory roller operating in static mode. 2. ROLLING OPERATION: Rolling shall be started as close behind the spreader as possible without excessive distortion of the mix and shall be continued until roller marks are no longer visible. A minimum rolling pattern shall consist of2 coverages with the breakdown roller, 6 coverages with the Pneumatic-Tired roller, and 2 coverages with the steel wheel finish roller. j. " 400.05.G.: MIXTURE NOT REQUIRING CONTROL STRIPS: Delete this Subsection. (pD ) pelDP~S30" (J4-S ~~~\~ I I I I I I I I I I I I I I I I I I I . 400.06.A.8. Delete and substitute the following: 8. The results of a design study providing the necessary information to conform to the . appropriate requirements of Section 828. 'The Hot Mix Producer shall be responsible for all asphaltic concrete mix designs. A period of two weeks from the date batched materials are received shall be allowed for mix design verification by the Office of Materials and Research. .~ ... !l... ~J All proposed Job Mix Formulas shall be submitted for approval at least two weeks prior to beginning mixing operations. No Hot Mix Asphaltic Concrete work shall be started nor shall any mixture be accepted until the Engineer has approved a Job Mix Formula for the mixture to be used. li " i' .': 400.07. ACCEPTANCE PLANS: Delete all references to pay adjustments and pay factors. In addition, delete 400.07.A, Gradation and Asphalt Cement Content, and substitute the following: A. HOT MIX PRODUCER ACCREDITATION OF MATERIALS SAMPLING AND TESTING OF ASPHALTIC CONCRETE: Asphaltic Concrete Mixture shall be randomly sampled and tested by the Hot Mix Producer or Hot Mix Producer's Representative. In addition, these tests results may be used for Acceptance on a Lot basis. Failure to comply with the requirements listed herein may subject the plant facility to removal from the list of approved Hot Mix Asphaltic Concrete Plants (QPL-45). A Lot shall consist of the number of tons of Asphaltic Concrete produced and placed each production day; however, if this production is less than 500 tons, or its square yard equivalent, it . may be incorporated in the next working day's production. In the event the final day's production is insufficient to constitute a Lot, it may be included in the Lot for the previous day's run, or at the discretion of the Engineer, may be treated as a separate Lot with a corresponding lower number oftests. 1. QUALITY CONTROL PROGRAM: This Quality Control Program allows the Department to accept the Hot Mix Producer's quality control tests as Acceptance Tests for Asphaltic Concrete mixtures. The Hot Mix Producer's Quality Control Program as established in S.O.P. 27, "Quality Assurance for Hot Mix Asphaltic Concrete Plants in Georgia," shall include, but not be limited to: a. The assignment of all quality control responsibilities to specifically named individuals who have been duly certified by the Office of Materials and Research. l.' b. Provisions for prompt implementation of control and corrective measures. c. Provisions for liaison with the Project Manager, Bituminous Construction Engineer and Testing Management Operations Supervisor at all times. The Hot Mix Producer shall provide at least one day's notice prior to beginning production, or prior to resuming production if operations have been temporarily suspended. d. Provisions for reporting daily through Office of Materials and Research computer Bulletin Board Service (BBS) the test results for extractions, lime checks, and stripping tests. (cP ~ c:.. -\3 pe LoP ~S30 ~ (cQ.4S") . I I I I I I' I I I I I I I I I I I I I Other tests, checks, calibrations, etc. will be reported on a form developed by the Hot Mix Producer and shall become a part of the project records. The Quality Control Program shall be submitted to the Office of Materials and Research for initial approval. Thereafter, the Quality Control Program shall be included as part of the certification in the semiannual Plant Inspection Report. ~ * .... 2. CERTIFICATION REQUIREMENTS: The Office of Materials and Research will certify the Hot Mix Producer's Laboratory and testing equipment to assure that the equipment to be used is accurate and meets Departmental testing standards. Laboratories which participate in and maintain AASHTO Accreditation for testing Asphaltic Concrete Mixtures will be acceptable for certification by the Department provided other contract requirements are met. ~ f.: j; ~~. ~. The designated Quality Control personnel must be certified by the Office of Materials and Research prior to commencement of work. There are two certification Levels for Quality Control Technicians. To become a certified Level 1- Quality Control Technician (QC1), such persons must be able to demonstrate that they are competent in performing the process control and acceptance tests and.procedures related to Hot Mix Asphaltic Concrete production. The Level 2-QCT shall, in addition to Level 1 requirements, be capable of and responsible for making process control adjustments. The Engineer shall be notified in writing of any change in Quality Control personnel. The Hot Mix Producer shall have at least one designated QCT person at the plant at all times except when daily total weight for all mix types is to be greater than 250 tons. If daily production for all mix types of the plant is 250 tons or less, the QCT may be responsible for conducting tests at up to two plants, subject to random number selection. In addition, the Hot Mix Producer is also required to have available, either at the plant site or within immediate contact by phone or radio, a Level 2-QCT person responsible for making prompt process control adjustments as necessary to correct the mIX. 3. SAMPLING, JESTING AND INSPECTION REQUIREMENTS: Mixtures shall be randomly sampled according to GDT-73 (Method C) and tested by the QCT on a Lot basis at a minimum frequency of one test per 500 tons. A copy of the computer generated random sampling data shall be maintained as a part of the project records. . The Hot Mix Producer's QCT shall perform all Sampling and Inspection duties in accordance with GSP-21. All sample containers, extractants, forms, diaries and other supplies shall be furnished by the Hot Mix Producer and are subject to approval of the Engineer. The Hot Mix Producer's QCT shall perform extraction or ignition (GDT-83 or GDT- 125), or digital print-out for asphalt cement content, and gradation analysis (GDT-38) of samples of the mixture produced each day and sampled in accordance with GSP- 15. The extracted aggregate shall be properly labeled, stored in a suitable container and secured in a protected environment. If these samples are not procured by the Department within three working days, they may be discarded. If the ignition oven is used, a printout of sample weights shall become a part of the project records. ~,--,~ Pe.LOP ~S3o -(oOC~4S) . I' I I I. I I I I I I I I I I I. I I I I 'i' The Hot Mix Producer shall maintain a Process Control Flow chart for each sieve specified on the Job Mix Formula and including the percent asphalt cement content. Such chart shall include a graph plot of the deviations from the Job Mix Formula for each test as well as . the allowable range based on the Mixture Control . Tolerances specified in Section 828. ~~ ~ ~~, ~( ~ If an Acceptance test result is outside Mixture Control Tolerances specified in Section 828, the QCT shall immediately notify the Testing Management Operations Supervisor of results. The Level 2-QCT shall determine if a plant adjustment is needed and immediately run a Process Control sample. If the Process Control sample is also out of Mixture Control Tolerances, an immediate plant adjustment shall be required and additional Process Control samples shall be taken as necessary to assure the corrective action taken was appropriate to control the mix. ~5 *i :,':~~': :". ~ ~'.. If the Hot Mix Producer's QCT obtains 2 consecutive Acceptance samples out of the Mixture Control Tolerances specified in Section 828, production shall stop immediately. Mixture already in storage which deviates no more than 10% in gradation and no more than 0.7% in asphalt cement content from the Job Mix Formula may be transported to and placed on the project subject to visual inspection and density and smoothness requirements. Any mixture remaining in surge bins or silos shall be rejected and disposed of at the Hot Mix Producer's expense if a sample . representative of the mixture deviates more than 10% in gradation or more than 0.7% in asphalt cement content from the Job Mix Formula. A plant correction shall be made prior to resuming production. Upon restarting production, no mixture shall be transported to the project before test results of a Process Control sample from the mixture indicate that quality control of the mixture has been restored by meeting Mixture Control Tolerances. Any mixture produced at initial restarting that does not meet Mixture Control tolerances shall be rejected. The QCT shall measure the temperature of the mixture and record the results on the load ticket each time a sample is taken. The respective load ticket shall also be signed by the QCT for each load from which a sample is taken. When hydrated lime is to be included in the mixture, calibration of the lime system shall be checked for accuracy a minimum of twice weekly during production and the results of these calibration checks shall be posted at the plant for review. Additiomi.11y, records of materials (Asphalt Cement, Aggregates, Hydrated Lime, etc.) invoices shall be made available upon request. .l; " 4. . COMPARATIVE AND QUALITY ASSURANCE PROGRAM: Periodic comparative testing will be required of each QCT and will be coordinated by the Department to monitor consistency of equipment and test procedures. In addition, the Department will take independent samples to monitor the Hot Mix Producer's Quality Control Program. For clarification, Department samples taken from opposite quarters of material sampled by the Hot Mix Producer are defined as Comparison Samples. Other independent samples which are taken by the Department from material produced during the same Lot are defined as Quality Assurance samples. This Program is further defined as follows: c c -,S . (pO PelC~ 8'$30- (~45) I; I I I I I I I I I I I I I I I I I I a. Comparison Sampling and Testing: During the quartering process of Hot Mix samples, the opposite quarters from the test specimen shall be labeled by the QCT and retained for Department comparison testing. In addition, the remaining material removed from the total sample shall be labeled and retained for possible Referee testing. These samples shall be stored iIi a suitable container and secured in a protected environment If the Hot Mix Producer's Acceptance Test results are within Mixture Control Tolerances and if the Department does not procure these retained samples within three working clays of the represented mix being produced, these samples may be discarded. , p. (' ". ,.. The Department will test comparison samples on a random basis at a frequency deemed necessary to assure that the Hot Mix Producer's testing techniques are yielding accurate results. Results of Department tests will be compared to the respective Hot Mix Producer's Acceptance tests. The maximum tolerance allowed for Comparison Samples as defined above shall be as follows: MAXIMUM DIFFERENCE SIEVE SIZE 25mm 19mm 12.5 mm 9.5mm 4.75 mm 2.36 mm 75~ A.C. SURFACE 3.5% 3.5% 2.5% 2.0% 0.4% SUBSURFACE 5.0% 5.0% 4.0% 4.0% 3.5% 3.0% 2.0% 0.5% If Comparison tests are within these tolerances, production may continue and at the discretion of the Engineer, the Hot Mix Producer's tests can be used as the acceptance tests for the affected Lot. If test results are not within these tolerances, the corresponding Referee Samples shall be tested by another Departmental Technician and compared to the tolerance for Comparison Samples as given above. If test Results of Referee Samples, when compared to the respective QCT's sample, are within these tolerances, the Hot Mix Producer's tests can be used as Acceptance Tests for the effected Lot. If tests results are not within these tolerances, the Hot Mix Producer's Quality Control methods shall be reviewed by the Office of Materials and Research and a thorough investigation will be made if deemed necessary. ~ b. Quality Assurance Sampling and Testing: The Department will take samples for the purpose of monitoring' the effectiveness of the Hot Mix Producer's Quality Control Program. These samples may be obtained from the same load as QCT samples were taken or other loads at the plant or roadway, or samples obtained immediately behind the spreader and prior to compaction. The samples will be tested and analyzed by the Department in accordance with standard procedures. ,- ~'=--'0 petop '2530 - vPC;).4S;) I' I I I I I I I I I I I I I I I I I I j. The Department shall randomly take and test a nummum of two Quality Assurance (QA) samples from each five days or five Lots of production regardless of mix type or number of projects to assure that the mixture is being adequately controlled and accurately sampled and tested. \~: ~; :1; ~ The maximum tolerance for QA samples as defined above, when compared to the Job Mix Formula, shall be the same as the Mixture Control Tolerances as outlined in Section 828. If test results are not within these tolerances, the Department may take another sample from the respective mix. If tests results of the additional sample are within these tolerances, production may continue. If test results of the additional sample are not within these tolerances, production may continue but the Department will investigate by taking random samples from throughout the Lot in accordance with Subsection 400.07.F. These samples shall be used for Acceptance and the Hot Mix Producer QCT test results for the respective Lot will not be included in the Lot calculations. ~ Should the Engineer determine that Quality Control requirements are not being met or that unsatisfactory results are being obtained, prompt corrective action shall be taken by the Hot Mix Producer. Failure to take prompt corrective action will be cause for the Engineer to discontinue acceptance of the mix. If the Engineer determines that any material is unacceptable to leave in place, the material shall be removed and replaced at the Hot Mix Producer's expense. Any test results for materials not used in the Work shall not be included in the calculations for Lot Acceptance. If it is determined by the Department that the QCT has not followed procedures specified in GSP-21 or has provided erroneous information, his or her certification may be withdrawn, and the Hot Mix Producer may be subject to punitive or legal action. Technicians who lose their certification due to falsification of test data will not be eligible for re-certification in the future unless approved by the State Materials and Research Engineer. In-place material represented by unacceptable tests will be evaluated by cores in accordance with Subsection 400.07.F. These core samples shall be used for acceptance. 5. GRADATION AND ASPHALT CEMENT CONTENT: Quality Acceptance of the mixture will be based upon the mean of the deviations from the Job Mix Formula for control sieves and asphalt cement content of the specified number of test results per Lot. This mean will be determined by averaging the actual numeric value of the individual deviations from the Job Mix Formula, disregarding whether the deviations are positive or negative amounts. The samples shall be taken randomly in accordance with GDT-73. In the event that the designated random load is not sampled, or less than the specified number of samples are taken, the Hot Mix Producer shall take at 1.:?ast two representative six inch cores from the roadway (to assure adequate sample size). These cores shall be taken from the area where the appropriate random load was placed, or for each portion of mix that was not sampled, and acceptance will be based on the mean of the deviations from the Job Mix Formula of the total number of tests run. c:.,~ -- \i PeLoP ~S30 _loOCo<.4SJ I I I I. I I I I I I I I I I I I I I I For asphalt cement content only, on plants with digital recorders, digital printouts of liquid asphalt cement weights may be substituted in lieu of an extraction test. The asphalt cement content shall be calculated from the ticket representing the mixture tested for gradation. The asphalt cement content calculated from each ticket will be considered a test. . ii, ::: .t The control sieves used in Quality Acceptance for the various types of mix are as indicated below: ~ \:., TABLE 400.07.A MIX TYPE MIXTURE CONTROL 37.5 mm Superpave 25 mm, 2.36 mm Sieves and Asph~t Cement 25 mm Superpave, 19 mm Superpave 12.5 mm, 2.36 mm Sieves and Asphalt Cement 12.5 mm Superpave 9.5 mm, 2.36 mm Sieves and Asphalt Cement 9.5 mm Superpave 4.75 mm, 2.36 mm Sieves and Asphalt Cement 4.75 mm Mix 2.36 mm Sieve and Asphalt Cement 400.07B.: COMPACTION: Delete this Subsection and substitute the following: The compaction of the mixture as determined by either GDT-39, or GDT-59, will be accepted in Lots as defined in Subsection 400.07.A. and shall be within the same Lot boundaries as the mixture acceptance. The mean density of the pavement placed within each Lot will be calculated by averaging the results of tests run on randomly selected sites in that Lot. The random sites shall be selected using GDT-73. 400.07.C.: SURFACE TOLERANCE: Delete this Subsection and substitute the following: All paving shall be subject to visual and straightedge inspection during construction operations and thereafter prior to final acceptance. A 10 foot straightedge shall be retained in the vicinity of the paving operation at all times for the purpose of measuring surface irregularities on all courses. The straightedge and labor for its use shall be provided by ~e Hot Mix Producer. The surface of base, intermediate, and surface courses shall be inspected with the straightedge as necessary to detect irregularities. All irregularities in excess of 3/16 inch in 10 feet for base, intermediate, and surface courses shall be corrected. Irregularities such B$ rippling, tearing, or pulling which in the judgment of the Engineer indicate a continuing problem in equipment, mixture, - or operating technique shall not be permitted to recur and the paving operation shall be stopped unless appropriate steps are taken by the Hot Mix Producer to correct the problem. '! c.. C- - V~b o pe LOP ~S3{) - (o LJ..4~) I, I I I I I I I I I I I I I I I I I I 400.07.D.: MATERIALS PRODUCED AND PLACED DURING ADJUSTMENT PERIOD: Delete this Subsection. 400.07.F ~EV ALUATION OF LOTS: Add the following to the first paragraph: Re-evaluation of Lots and acceptance will be based on Department evaluations. All costs of these evaluations shall be at the Hot Mix Producer's expense. ~" ~<::-- \~ ~o pe LoP '8S SO - G;t4S) I' I I I. I I I I I I I I I I I I I I I May 21, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA i; ..-:, "..... SPECIAL PROVISION o PR LoP ~S30 - (p (;;<45;) SECTION 402 - HOT MIX RECYCLED ASPHALTIC CONCRETE .~ ~ 402.02.A. RAP MATERIAL: Delete the next to last paragraph and substitute the following: RAP containing either local sand or alluvial gravel will not be allowed in mixtures used on interstate projects except for shoulder construction. When used in shoulder construction, the use of RAP containing either local sand or alluvial gravel shall be limited such that the sand or gravel makes up no more than 20% of the total aggregate portion of the mix. When usea in mainline and ramp construction of non-interstate projects, the percentage of RAP containing alluvial gravel shall be limited such that the gravel makes up no more than 5% of the total aggregate portion of the mix. The amount of local sand in RAP shall be considered when determining the local sand portion allowed in the total mix as specified in Section 828. Where Pay Items specify that Group II only aggregate is to be used, RAP which consists primarily of Group II aggregate, but contains some Group I aggregate shall be limited such that the Group I aggregate makes up no more than 5% of the total aggregate portion of the mix. When a Blend I mix. is specified, any Group I aggregate in the RAP shall be considered when determining the Group I portion allowed in the total mix. as specified in Section 828. The percentage of local sand, alluvial gravel, and Group I aggregate in the RAP will be determined through petrographic analysis or available records. ::: 402.02.C. RECYCLED MIXTURE: Delete and substitute the following: The recycled mixture shall be a homogeneous mixture of RAP material, virgin aggregate and neat asphalt cement Further, the mixture shall be appropriately treated with an approved anti- stripping agent, either a heat stable anti-stripping additive or hydrated lime. The agent chosen shall be at the Hot Mix. Producer's discretion except where noted in the Pay Item Designation. The mixture shall conform to an approved mixture design meeting the requirements outlined in Section 828. Where hydrated lime is used, it shall be added at a rate of 1.0 percent of the virgin aggregate portion plus 0.5 percent of the aggregate in the RAP portion of the mixture. Where hea~ stable anti-strip additive is used, it shall be added at a rate of 0.5 percent of the neat asphalt cement added to the mixture. ~C-d-Q I- I I I. I I I I I I I I I I I I I I I 402.05 PAYMENT: Add the following: Item No. 402 Recycled Asphaltic Concrete, ~ Superpave, Group-Blend. Including Bituminous Material........ ......... ....................... .................. per Ton Item No. 402 Recycled Asphaltic Concrete, ~ Superpave, Group-Blend. Including Bituminous Material and Hydrated Lime ............................. per Ton Item No. 402 Recycled Asphaltic Concrete, ~ Superpave, Group-Blend. Including Polymer-Modified Bituminous Material and Hydrated Lime.... per Ton Item No. 402 Inches Recycled Asphaltic Concrete, ~ Superpave, Group-Blend. Including Bituminous Material ............................. per Square Yard Item No. 402 Inches Recycled Asphaltic Concrete, ~ Superpave, Group-Bleng, Including Bituminous Material and Hydrated Lime.. ..................................................................... per Square Yard Item No. 402 _Inches Recycled Asphaltic Concrete, ~ Superpave, Group-Blend. Including Polymer-Modified Bituminous Material and Hydrated Lime ......................................................................... per Square Yard Materials and Research &tD peWp 8S30 - (0l..4S) ~C--~ 1 I I I I I I I I I I I I I I I I I I I :.: .. May 21, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA '.~.\ SPECIAL PROVISION o Pe. LD P 8s3b _(p C ~4S SECTION 820 - ASPHALT CEMENT Delete and substitute the following: 820.01 SUPERPAVE ASPHALT BINDER: This Section covers asphalt cements which have been prepared from crude petroleum by suitable methods. The asphalt cements shall be homogenous, free from water and shall not foam when heated to 1750 C. Blending of asphalt cements to produce a specified performance grade shall result in a uniform, homogenous blend with no separation. The neat asphalt cement proposed for use in Asphaltic Concrete shall meet the following requirements for PG 64-22 or PG 67-22 and be production materials ("straight- run") that have not been "air-blown" to achieve the performance grade (pG). PG 58-22 may be used as Bituminous Tack Coat or in Bituminous Surface Treatment. Only Styrene-Butadiene- Styrene (SBS) or Styrene-Butadiene (SB) shall be added to the neat asphalt cement, if needed, to produce a binder that complies with the following requirements for PG 76-22. 1. Test Requirements TEST AND METHOD ORlGINAL lEST TEMPERATIJRE BINDER RESIDUE OF BINDER A.FTER; PG PG PG PG Rolling Thin-Film Pressure Aging 58-22 64-22 67-22 76-22 Oven AASHTO: TP5 AASHTO: PP-1 Flash Point, AASHTO: T-48 MiD. 2300 C Viscosity (a), 3Pa-S AASHTO:TP-48 Max. 1350 C (3000CP) Mass Loss (%), Max. ~ AASHTO: T-240 (b) 0.5 Dynamic Shear, 580 C 640 C 670 C 760 C ~ 1.0 kPa ~ 2.2 kPa G*/sino, AASHTO: Phase TPS, 10 Rad/Sec Angle < 75 deg. Dissipated Energy, Dynamic Shear, 250C ~ 5000 kPa G*sino, AASHTO: TP5, 10 Rad/Sec Creep Stiffness (c), S ::: 300,000 kPa 60 sec. AASHTO TP1 - 120 C m > 0.300 Direct Tension, 1.0 mmlmin. AASHTO: - 120 C Report TP3, Failure Strain ~ c:::..., - ~ ~ I I 1.- I. I I I .1 I I I' I I I I I I I I 820.01 (Continued) (a) 1bis. requirement may be waived at the discretion of the Department if the . supplier warrants that the asphalt binder can be adequately pumped and mixed at temperatures that meet all applicable safety standards. ,': ~: (b) Heat loss by AASHTO: T -179 may be accepted in lieu of mass loss by AASHTO: T -240. ' (c) If the creep stiffuess is below 300,000 kPa, the direct tension test is not required. If the creep stiffu.ess is 2: 300,000 kPa, the Direct Tension Failure Strain value shall be reported. The m-value requirement shall be satisfied in either case. If modification is required, the composite materials shall be thoroughly blended at the supply facility prior to being loaded into the transport vehicle. All blending procedures, formulation, and operations shall be approved by the Office of Materials and Research. 2. Certification: Certified test results of laboratory blends for proposed PG asphalts shall be provided by a certified laboratory, approved by the Office of Materials and Research, for each specification characteristic of the asphalt cement proposed for shipment. The certified results shall be provided to the State Materials and Research Engineer in compliance with Standard Operating Procedure (SOP)-4. In the event there is reason to suspect a sample will be outside specification limits, the State Materials and Research Engineer may interrupt the production until test results are known. Materials and Research (aD/, ) PRLoP 8530 - c.... C:<4s ~'- ~~:s. I' I I I I I I I I I I I I I I I I I I May 21, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA ~'~'. ... 1. ~. SPECIAL PROVISION ~ PfwP ~S30 - (A 4S) SECTION 828 - HOT MIX ASPHALTIC CONCRETE MIXTURES Delete and substitute the following:' 828.01 DESCRIPTION: This specification covers the requirements that are applicable to all Hot Mix Asphaltic Concrete Mixtures. Materials used in the preparation of these mixtures shall be approved by the Engineer prior to incorporating in the Work. This work consists of producing and constructing one or more courses of hot mix asphalt pavement. Superpave mixes shall be designed in accordance with the Superpave System. for Volumetric Design (AASHTO TP4 and AASHTO PP2) to meet test properties as shown unless otherwise stated herein. All mixtures are designated baSed on the Nominal Maximum Sieve Size as defined m Subsection 828.02 and shall conform. to the following unless otherwise stated herein: A. The Contract Pay Item will specify the aggregate group, or blend, where applicable. See Subsection 828.04 for explanation of aggregate groups and blends. B. The percent finer than 75Jlm will be determined in accordance with GDT-2, Alternate A or B. C. Mixture Control Tolerances are based on the results of individual tests and are for mix uniformity control purposes only. D. Group lor Group IT aggregate or a blend of both may be used for patching or leveling. Mixes for patching and leveling are listed in Subsections 828.02 and 828.03. E. Hydrated lime shall be included in all paving courses except where noted. The lime shall be added at a minimum rate of one percent of the total dry aggregate weight. In recycled mixtures, lime shall be added at a minimum rate of one percent of the virgin aggregate portion plus a minimum of 0.5 percent of the aggregate in the Reclaimed Asphalt Pavement (RAP) portion of the mixture. Additional lime, as well as an approved heat stable anti-stripping additive, which meets requirements of Subsection 831.04, may be required in any particular mixture when necessary for satisfaction of governing Specification requirements. No additional payment will be made by the Department for any such required additional materials. . ;:: il. ~~- d--'1 I. I I- I I I I I I I I I I I I I I I I 828.01 (Continued) F. On projects designated at Mix Design Level A, as designated in the project Plans or project General Notes, the Asphalt Cement (AC) used in all mixtures may, at the Hot Mix Producer's discretion, include'an approved heat stable anti-stripping additive, which meets requirements of Subsection 831.04, in lieu of hydrated lime unless noted otherwise. The addition rate will be a minimum of 0.5 percent of the AC portion. When a heat stable anti-stripping additive is used in these mixes in lieu of hydrated lime, the minimum tensile splitting ratio will be 0.4 for Asphaltic Concrete 4.75 mm mix and 0.6 for all other Asphaltic concrete mixtures. t: G. Asphalt Cement used in production of asphaltic concrete mixtures shall meet the requirements of Subsection 820.01. Asphalt Cement used in the production of these mixtures shall meet requirements of Subsection 820~O1. The AC used in all mixtures shall be PG 67-22 with the following exceptions: a. For projects designated at Mix Design Level A, as designated in the project Plans or project General Notes, PG 64-22 may be used at the discretion of the Hot Mix Producer. b. For mixtures which utilize Reclaimed Asphalt Pavement (RAP), the AC grade to be used will be determined by the Engineer. c. AC meeting requirements of PG 76-22 shall be used in the top dense-graded surface course, excluding shoulder construction, for projects or portions of a project designed at Level C or D, as designated in the project Plans or project General Notes. H. Local sand, not to exceed 20% of the total aggregate weight, may be used as an ingredient in all Asphaltic Concrete mixtures placed on the mainline and ramps of non- interstate routes designed at Mix Design Level A. On non-interstate projects designed at Mix Design Level B, C, or D, as designated in the project Plans or project General Notes, the use oflocal sand shall be limited to Asphaltic Concrete 37.5 mm Superpave and 25 mm Superpave mixtures only and shall not exceed 20% of the total aggregate weight. However, up to 20% local sand, based on the total aggregate weight, may be allowed as an ingredient in all Asphaltic Concrete mixtures used for shoulder construction unless specified otherwise. ~o peco P 3530" ~4S> c:c-~S I I I. I. I I I I I I I I I I I I I I I 828.01 (Continued) 1. When allowed, local sand shall meet the following gradation requirements: GRADING REQUIREMENTS % Passing 12.5 mm Sieve 100 % Passing 9.5 mm Sieve 90-100 % Passing 4.75 mm Sieve 80-100 % Passing 2.36 mm Sieve 60-100 % Passing 300 um Sieve 12-70 % Passing 75 /lm Sieve 2-15 The clay content of local sand shall be no more than 7%. Local sand shall also be free of clay lumps as determined by AASHTO: T 112. 828.02 SUPERPA VE ASPHALTIC CONCRETE MIXTURES A. Gradation Requirements: Superpave utilizes the FHW A 0.45 Power gradation chart to define permissible gradations. 1bis chart uses a. unique graphing technique to judge the cumulative particle size distribution of a blend. The ordinate (y axis) of the chart is percent passing, ranging from zero to one hundred percent. The abscissa (x axis) is an arithmetic scale of sieve size opening in microns raised to the 0.45 power. Superpave defines nominal maximum sieve size and maximum sieve size as follows: Nominal Maximum Sieve Size: One standard sieve size larger than the first sieve to retain more than ten percent (10.0%). Maximum Sieve Size: One standard sieve size larger than the nominal maximum. size. f The 0.45 power maximum density line is drawn from the origin to one hundred percent (100.0%) passing the maximum sieve size.' Gradatio~ control limits are based upon the nominal maximum size. There is also a "restricted zone," that is an area on either side of the maximum density line generally starting at the 2.36 rom sieve and extending to the 0.30 rom (300 J.1m) sieve. It is recommended that gradations be developed avoiding the restricted zone. The Office of Materials and Research may approve use of mixtures which have gradations that enter the restricted zone provided the Hot Mix Producer supplies acceptable test results of special proof-testing requirements as described in Subsection 828.05, Rutting Susceptibility Testing. .\". ..;' :l '!: ... ~<:::--;;L'-o . (00 Pl2.coP cSSQ - C~4S) I .. . I I I. I I I I I I I I I I I I I I 828.02 (Continued) TABLE 828.02.A.1. JOB MIX FORMULA AND DESIGN LIMITS MIXTURE CONIROL ASPHALTIC 9.5 mm 12.5 m.m 19 m.m 25mm 37.5 mm TOLERANCE CONCRETE Superpave Superpave Superpave Superpave Superpave , Grading Requirements Percent Passing :!:O.O 50 m.m Sieve 100 :!:6.0 37.5 m.m Sieve 100* 90-100 :!:6.0 25.0 mm Sieve 100* 90-100 15-90 :!:6.0 19.0 m.m Sieve 100* 90-100 :!:6.0 12.5 mm Sieve 100* 90-100 23-90 19-90 :!:5.6 9.5 mm Sieve 90-100 28-90 :!:5.6 4.75 mm Sieve 32-90 :!:4.6 2.36 mm Sieve 32-67 28-58 23-49 19-45 15-41 :!:2.0 75 /lm Sieve 2-10 2-10 2-8 1-7 0-6 Recommended Restricted Zone 4.75 mm Sieve 39.5 34.7 2.36 mm Sieve 47.2 39.1 34.6 26.8-30.8 23.3-27.3 1.18 mm Sieve 31.6-37.6 25.6-31.6 22.3-28.3 18.1-24.1 15.5-21.5 600 /lm Sieve 23.5-27.5 19.1-23.1 16.7-20.7 13.6-17.6 11.7-15.7 300 /lm Sieve 18.7 15.5 13.7 11.4 10.0 * Mixture Control Tolerance not applicable to this sieve for this mix. Note: When plotted on the 0.45 power gradation chart, the mixture target gradation shall pass below the restricted zone for projects designed at Level B, C, or D as designated in the project Plans or project General Notes, unless Rutting Susceptibility testing in Subsection 828.05 indicates the mix is resistant to rutting. The Mixture Control Tolerance for asphalt content shall be:t 0.4%. f.r20 . PEto P 'il S 30 - (o14S-) ~~-~'l' {~ ~~ .~~. .'~, '.;: I I I I'. I I I I I I I I I I I I I I I 828.02 (Continued) B. Design Requirements: The mixture design properties shall be determined in accordance with the Superpave mixture design system except as noted. The Superpave gyratory compaction effort employed shall conform with Table 828.02.B.4. TABLE 828.02.B.1. 'SUPERPA VE MIXTURE DESIGN VOLUMETRIC CRITERIA Design Parameter Design Criteria a. Percent of Maximum Specific Gravity (%Gm.rn) at the design 96% numberofgyrations,~~ b. % Gmm at the initial number of gyrations, ~i) <89% c. % Gmm at the maximum number of gyrations, ~m) <98% d. Percent voids in mineral aggregate (VMA) at Nd See Table 828.02.B.2. e. Percent voids filled with asphalt (VF A) at Nd See Table 828.02.B.3. f. Fines to effective asphalt binder ratio (F/Pbe) 1. Mixtures designed above or through the Restricted Zone 0.6-1.2 2. Mixtures designed below the Restricted Zone' 0.8-1.6 g. Tensile strength (GDT 66) 1. Ratio 80% min. 2. Stress 400 kPa min. h. Retention of Coating (GDT 56) 95% min. Maximum specific gravity (Gm.rn) determined in accordance with AASHTO T 209. TABLE 828.02.B.2. SUPERP AVE VOIDS IN MINERAL AGGREGATE (VMA) CRITERIA Nominal Maximum Sieve Size (mm) Minimum % VMA 37.5 11 25.0 12 19.0 13 12.5 14 9.5 15 VMA is to be determined based on effective specific gravity of the aggregate (Gse). (gO PRLOP "?>S3Q - l~4S) ~c:...-~~ I' I I. I. I I I I I I I I I I I I I I I . . . 828.02 (Continued) TABLE 828.02.B.3. SUPERPA VE VOIDS FILLED WITH ASPHALT (VFA) CRITERIA RANGE , 11IX DESIGN LEVEL Minimum Maximum A 70 80 B 65 78 C 65 75 D 65 75 TABLE 828.02.B.4. SUPERPA VE GYRATORY COMPACTOR (SGC) COMPACTION CRITERIA :MIX DESIGN LEVEL Nini Ndes Nmax A* 5 76 117 B 7 86 134 C 8 96 152 D 8 109 174 * Note: This gyratory compaction level shall be used for all Superpave mixes used in shoulder construction and for sub-base mixture under Portland cement concrete pavement. pecap ~s30 - C;2.4S} \:::-c -~'\ I'" I I. I. I I I I I I I I I I I I I. I I 828.03 CONVENTIONAL FINE GRADED MIXTURES JOB MIX FORMULA AND DESIGN LIMITS r MIXTURE CONTROL TOLERANCE TYPE MIXTURE 4.75 mm GRADING REQUIREMENTS :f: 0.0 % Passing 12.5 mm Sieve 100 :f: 5.6 % Passing 9.5 mm Sieve 90-100 :f: 5.7 % Passing 4.75 mm Sieve 75-95 :f:4.6 % Passing 2.36 mm Sieve 60-65 :f: 3.8 % Passing 300 um Sieve 20-50 :f:2.0 % Passing 75 um Sieve 4-12 DESIGN REQUIREMENTS :f:0.4 Range for % AC 6.00 - 7.50 nJa Design Optimum Air Voids (%) 5-7 nJa % AglZI'egate Voids Filled with AC 50-80 Tensile Splitting Ratio After nJa Freeze Thaw Cycle (GDT 66) . Min. 0.8 nJa % Retention of Coating 95 (GDT 56) * Mixture Control Tolerance not applicable to this sieve for this mix. Note: This mixture shall be compacted at 50 gyrations with the Superpave Gyratory Compactor. rtP P,eLoP ~S30 - l~4S) ~ c:.., - =s C) I- ;-, I I I. I I I I I I I I I I I I I I I . l 828.04 .AGGREGATE GROUPS ALLOWABLE The aggregate group or blend which may be used for each mixture will be specified with the Pay Item description. A description of the aggregate groups and blends which may appear in the Proposal and Plans are defined as follows: PAY ITEM DESIGNATION EXPLANATION OF AGGREGATE GROUPS ALLOWABLE Group I or II 100% Group I, 100% Group II, or any blen~ of the groups may be used. Group II only 100% Group IT only is required. Blend I Either 100% Group IT material or a blend of Group I and Group IT aggregate is allowed. The Group I fraction shall not exceed 60% by weight of the total aggregates nor contribute more than 50% by weight of the coarse aggregate portion. 828.05 RUTTING SUSCEPTmILITY TESTING: The Office of Materials and Research may run a rutting susceptibility test on any asphalt mixture used in construction. Results of tests with the Asphalt Pavement Analyzer shall be provided for any mixtures designed by a Certified Hot Mix Producer or Independent Testing Laboratory. The rutting susceptibility test will be conducted according to GDT Test Procedure 115. Each mix will have 3 specimens fabricated and tested. If the average rut depth for the 3 specimens exceeds 5 mm for SMA and Superpave mixes and 7 mm for the 4.75 mm mix, that asphaltic concrete mixture shall not be used in the Work. 828.06 FATIGUE TESTING: The Office of Materials and Research may conduct a fatigue test on any Superpave asphalt mixture design or Superpave asphalt mixture used in construction to determine acceptability of the materials. The test shall be performed according to test procedure AASHTO TP 8-94, or other procedure approved by the Office of Materials and Research. Materials and Research . roO :'\ peLD p 8'530 - [:2..4$') !.. ~c:,-:s\ Ir I I I. I I I I I I I I I I I I I I . - DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Revised March 1, 1988 SPECIAL PROVISION Modification of Standard Specification SECTION 228 - GRADING (MODIFIED), INCLUDING HAUL (For County Contract Only) PROJECT NO.: 'Pre.. ~oO ,V;O CL4<;:'j 228.01 DESCRIPTION:This item consists of excavation of all materials of whatever nature including borrow if required, to alignment, grade and typical cross-sections shown on the plans; or as directed by the Engineer, all necessary hauling, formation of embankments, shoulder construction, subgrade construction, ditch excavation, finishing and dressing, replacement of unsuitable material removed from the subgrade. and disposal of any unsuitable or surplus material. It shall 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. It shall also 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. 228.02 MATERIALS: All suitable material excavated, including that taken from trenches, roadway ditches and slopes, shall be used in forming embankments as far as practicable. Surplus or unsuitable materials shall be used in flattening slopes of embankments, backfilling washes or ditches, or wasted back of the construction lines as directed. 228.03 CONSTRUCTION: The construction shall be done using equipment approved by the Engineer, which will not damage base, pavement or other appurtenances to be retained. The Engineer shall set slope stakes to fit the typical section, or as he may deem necessary, establish grades in accordance wit these specifications, and set final stakes to verify that the excavation sections of the roadway and the embankments comply with the typical section. The work shall be done in accordance with the appropriate portions of Specifications 201, 202, 205, 206, 207, 208, and 209 of these Specifications. Prior to placing any base material, the subgrade shall be finished in accordance with 209.03. A. Clearing and Grubbing: Clearing and grubbing shall be done well in advance of excavation and embankment construction. B. General Requirements: 1. Cross Section: As a mlnrmum requirement the roadway shall be graded in accordance with the specified typical sections. 2. Slopes, Ditches, Shoulders: The excavation shall be done so that front slopes, ditches and shoulders are neatly trimmed to the lines given. Additional shoulder width will be permitted when extra width shoulders are ready in place and fit the existing roadbed provir.-:.j the finished shoulders present a reasonably uniform appearance. ~~---~~ II I I I." I I I I I I I I I I I I I I I Page Two 3. Shaping and Dressing: After all excavation and formation of embankments and shoulder have been substantially completed the roadway shall be properly shaped, finished and dressed in reasonably close conformity to the lines and grades given. C. Compaction: All embankments shall be built up in 8-inch layers and the full width of the cross section compacted in accordance with Section 208. 228.04 MEASUREMENT: Grading (Modified) Including Haul will be measured in Linear Miles along the centerline of the road or the median, including ramps when so shown on the plans. Surplus material may be disposed of beyond the end of the project, but the mileage measured for payment will not extend beyond the established termini. 228.04 PAYMENT: The item of Grading (Modified) Including Haul will be paid for at the Contract Unit Price per Linear Mile complete in place, which price shall be full compensation for clearing and grubbing inside the construction limits where this item is not shown as a separate item in the Contract, for all excavation to the typical section required or as modified herein, formation of embankments, construction of shoulders. backing out subgrades for pavement, flushing fill slopes and ramps, filling washes, wasting surplus or unsuitable material, finishing and dressing, cleaning of side ditches, all hauling of excavation, and any incidentals necessary to complete the Item. It is clearly understood that in no case will any separate payment be made for finishing and dressing, and that the cost of necessary finishing and dressing to comply with these Specifications shall be included in the Contract Unit Price of Grading (Modified) Including Haul. Payment will be made under: Item 228. Grading (Modified) Including Haul.....................per Linear Mile Office of State Aid PROJECT NO.: -prz. ~30/wD LZA-S"") 12\CJ1.Mo..J D to ~c-~~ I I I I I I I I ~ I s: ~ I -< ~ I m m -i I I I I I I I .1 :~ ~ - .. z () () o ::; 0 . '< c: o :J Z - -< l> 0 :;: - m "'tI .... ~ Cll (") - Z o .. .. .. : ". .. . ,.-' . ." ~ -n :0 o :;: -I o I m z G') -I :l: U:E :0 ~ ~~ II\. ~ <!:- :E;;e ~ 00 i'\ ~~ 11\- ~ I:E""O +- ... < . bO ~ v.t 1-1 -t .-('. :t: ... i <. ~ o . 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