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HomeMy WebLinkAboutKatherine St. Parking Lot Of Augusta State University Augusta Richmond GA DOCUMENT NAME: uthen j;e SJ. Ju [Mf1 ?N- oJ- flu-gpk ;5f(Jie Llm Jterj/!zj OOCUMENTTYPE: CoJt1racf. YEAR: OJDDD BOX NUMBER: / 0 FILENUMBER: J 4 tJSf) NUMBER OF PAGES: IlL! I .J I I I I I I I I I I I I I I I I -I J~ . / !:)J CONTRACT DOCUMENTS FOR KATHERINE ST. PARKING LOT AT AUGUSTA STATE UNIVERSITY AUGUSTA STATE PROJECT NO.: MRR-0009 - -~--'" AUG. -09' DO/WED) 12:52 ..--- SUTTER MCLELLAN & GILBREATH TEL: 770 246 8302 P,OOl/002 ~ :'u:-. ACORD". CERTIFICATE OF LIABILITY INSURANCE I PA~ tMMIDDIYY\ 08/09/2000 PRCPUCat (770) 246-8300 (770)246-8301 THIS CERTIF'CAT~ 1& 18IJUED AS A MATTfR OF INFORMATION Swtter, McLell~n . Gilbre~th, Inc, ONL V AND CONF~R8 NO RIGHTS UpON THE C~RTlFICATE HOI-PER. THI& CERTlFICATf! DOeB NOT AMEND, EXTEND OR 3861,Holcamb Bridge Roa~ ALTER THE COVER40E AfFORDED BV THE PaLICI~S BELOW. Norcross, GA 30092-~205 INSURERS AfFORDING COVfRAG~ INI5URJaJ Bfa1r Construction rnc INSU~ER A: Tr.nsportat1on Ins. Co. Blair Propertius, LLC INbLJ~ER ~' Transcontinental Ins. Co. P. O. Box 770 INSURER c: Evans, CA. :10409__ INSURER 0' I INSURER E COVERAGES , Tt'lE PO~ICIf'S OF INSURANCE LISTED l!I:LOW HAVE BeliN ISSUI:P TO THli INSURgp ~~p ABove FOR THI: POWCY PER lOP INP/CATr::P. NOTWlTt'lfiTANPIN13 ANY ReClUI~~NT, Te~M OR CONOITION Of ANY CONTRACT OR OTH!:R DOCUMafT WITH rtespeCT TO WHICM THIS CfRTIACATE MAY iiI: /S6UEO OR MAY ~~RTAIN, TH= JNSURANce AfFORDED IJV Tlie PO~IClell pe~C~IIIJ:P l1e"~1N IS SUliJeCT TO AU. THE URMS, EXC~USIONS AND COt4DlTlONS OF SUCH pot..lCI~S. I\GGReGA~ UMITS SHOWN MAY ~A\lj; BeeN RECUCf'P ay PAID CLAIMS, _ I~.r: TYf'EDF IIIlSUIIANCE f'DLICVNIJMBER ~~ LllollfTII ~NER4LLJAIiILITY If"1035739868 12/31/1999 12/31/2000 eACH OCCURRENCE $ X COMMJ:RCIA~ OfNSfAL L/~al~1TY - FIR'" DAMAOE (Any on8 ~f1J1 , I C~'MS MAOJ;; [!] OCCUR MEO EXP (Any cine PDI1IllN , Pl$SONA~" APV INJURY $ GiNERAl AOORI'GATJ:; G P/iOPUCTS - COMPJOP AGG S A 1.000,000 SO 000 5,00 1.000.00 2 000,00 2.000,00 ~'LAC!lG"~ LIMIT A~5 Pt.'R: , I peLICY r X I ~~8r I I LOC ~TO...,gilILt:: LIAQILITY X ANV AUrO ~ 10....- ALl. OWNED AUTOS 8 _ SCHEDUI-F.D AUres .!. I'BRED AUTOS X NO~WNECAUT06 ---'- 1035739871 ll/U/1999 12/3112000 coroielNEO SINGLE LtMIT $ (E~ ~t;c;jdoonlJ 1.000,00(] BODII- Y INJURY ~ (Per P-l BOP!L y IN~URY $ /Per sccldllnll P/fcpt:j;llY P...~...aE $ (pe( lIcr;l<l"nt) - nor: LIAIIILITY r--1 ANY AUTo CXC;;!::J:l LIAl!IUTY t!J' occu~ 0 CLAIM5 MAce 8 ~10357398a5 OT1-IER THAN AUTO ONL V' AUTOOI'lLV-EAACCIPl'NT. , .. EA ACC 1$ AGO I S U/31/1999 12/31/2000 ~CH OCCU"R~CE AGGREGATE s $,000,000 5,000 DOO II DI'~,,!;TleLE m R~NTION S 10,000 WQR)(~& COIlllf'~SATION AND WCCl0357398S4 ~PL.Cyt;HS' LIABILITY 12/31/1999 12/)1/2000 ~ ~ 15 OTH~ ~103S739a&a A ~e.sed and/or Rented Equipments lZ/31/1999 12/31/2000 x I ~~Y to I ''''er- !:-L eACH ACClC6NT ~ EoL. DISEASE - EA EMPLOYEI $ E.L. DIBEAS!'. POLICY UMIT ; $150,000 limit Sl/000 deductible 500.0001 500.00Cl 500 000 B ..c.ESI:j,RIPTION OF Ot'.EliATlO^,I5I}.ac:ATiONlWEHICLE5IJ;J\C\,UliIQNS APDI!D IIY ~pcft8elVlf:ltlT/5"l!crAL P/tQ)II5IC1\l8 ~ro]ect: Katnerlne street Parklng Lot at A~gusta State Un1varsity Augusta, GA Contr.ct Amount: $362,)42.03 C~RTlfICATJ;; HOLDeR I' ADO/naNAL 'JlSUltIlD; IN&U"fR LETTIOIl AUQU~t.-RichmDnd County COmmission Room 605 Mun;ci~.l Building Augusta, GA 30911 CANCELLATION &HQUlJ) ANY OF THE APOVf; DE!&CRI~ POl.ICIEEI ~ CANQ!L~c BEFORE THE ~IRI\TIOIlf DATE TH~RISQf, Tltj; ISSUING CQrflPAN'I' WILL ~DBAVOR tc I\IAIL ..1!L. PATCl WlflmN lIIonct;: TO THE c$TIFICAT! Hal-DEft NAMI!D Ta Ttfl' Ll"FT. IlUT FAlI.URe TO ~I\IL ClLK:1i NOTICE EltfAlL IMpOSE NO QIIl..IQAT~ OR UA/JILITY OF ANY KlNC UPON TI11; COI'llPANY. Illi AGJ:NTS OR AeJOREElr:Nl'ATI\Iefi. AuTHORIZED RI!PREClEJlTATIYfl -~? ~ C', .~ " , :.. Nark Jaynes CSP/LINDAM .,. ....,.'" Ill!, ~ - @ACORO C~PoRATION 18811 ACCRo 21-8 (7/tl7) ~' ~ .' o THE AMERICAN INSTITUTE OF ARCHITECTS 929 162 294 ~/~ Document ~311 Performance Bond KNOW All MEN BY THESE PRESENTS: that Blair Construction, Inc. IH". """. Iwl/ lI,m. 'lid ,ddltll 0' ',&11 loll. 01 COIIIIHIO'I PO Box 770, Evans, Georgia 30809 as Principal, herelnaftl!r called Contractor, and, National Fire Insurance Company of IHtr. In,." 'vII n.m.. .nd .dd,,,,, or 1'1.1 1111, of SUI""1 Hart~ord, CNA, Plaza, Chicago, Illinois 60685 as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County IH". 1/11"1 Iwl/ lI,m. 'lid ,dd'tll 0' ''1'/ Iill. 01 0-." Commission-Council, 530 Greene St./Municipal Building, Augusta, GA 30911 IS Obligee, hereinafter called Owner, in the amount of Three Hundred Sixty-Two Thousand Three Hundred. Forty-Two and 03/1008------------ Dollars ($ 362,342.03 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators. successors and assigns, jointly and severally. (irmly by lhese presents. WHEREAS, Contractor has by written OIgreement dated IHtI. ;/IItll Iwll 111m., Iddltll .lId dtlcrlplion 01 p,ol.clI 19 . entered into a contract with Owner (or Katherine Street Parking Lot at Augusta State University, Richmond County, GA in accordance with Drawings and Specifications prepared by Johnson, Laschober & Associ a tes lHflt I",,,, 1",,11 "."" .nc:f ,def',u 01 "1" hllr 01 AI("'II,(I. PO Box 2103, Augusta, GA 30903 .f whiCh contract is .by reference made a part hereof. and is hereinafter referred to as the Contract. Cis ~ ~ ,tQ. ~ ~ h~ . G\ re:>id:nt c;g:nt ~I~ DOCUMENT ~311 . I'ERrOR.\\AN(E B0NO AND lABOR ^NO I\\o\TfRI^l p^YMrNT an,,() . AlA ~ .1 EBRUARv l~'O [0 . THE ^MERle...", INSTITUTE or ^RCHI1[Cl\ l' " "y ^\'I . N W. W^~HI",(.IIIN, 0 C 2~ ') .~. ". PERFORMANCE BOND '. ., '. .. NOW. THfKUOllf, THf CONOITlt:lN 0' THIS olilCATION Inuc:h Ih)I, '''Conlr~C:lor th.1I promptly'and f.llhtu1'y p~r'orm ,~id ConI/HI. lhtn Ihil obllgjllon )h~1I be null jnd ,",o,d. o'I-.r'....'r .. \~.II 'r,...... .~ lull lo'er ."d ~H~("I Th. Surety h.r.by Wllv.. notlc. of Iny _'ler,IIon or elllen.,on o( lime m.de by Ihe Ownel. . When,ver Contfic:tor ,hall be. and declared by Owner io be .n de 'H.II I under the ContrHl, Ihe Owne' hl...n& perform,d Own,',', obllg'lion, ,heleunder. the SurelY m.y promprly remedy l"e de/.ull. or, ,h. II p,omplly 11 Complete the Contracl In "cord.nc:. wllh iu termt .nd conditio"" or 2) Obt.ln I bid or bid. for compl.tln, the Contllc! in "cord.nc:e wit" .1) lermt .nd condillont, .nd upon de. lerminalion by Surely o( Ihe IOWell ruponsible bidder. or, if Ihe Owner clem, upon delcrmin.1I0n' by Ihe Own" and the Surety joinlly o( Ihe lowul responsible bidder, wange (or a conlliCI belween ,uch bidder .nd Own,r, .nd m.ke .....il.ble u WOlk p,os,euts lev,n Ihouih Ihele should. be a de(aull or . succwion of .' . o. ......... . . ~ \. Sllned and S'flled -thl. dlY o( . ,~. . ~~ S.~~ IWi!nm) . . .1fL~j _~.A ~~-L.I . IWlln )) -I def,ulu under Ihe CO~II'CI or conthCh ot completion ~Il~nged undel 11\.\ D~'Jlt'4Dhl \UH'('Cnl IUl'\d\ In P4" !to~ cou of comp'~lion I~H Ihe b.lincc of Ihe contr.cl pllet. bUI no/ eICceedinll. .ndudinll oil'll" eo\l\ .nd d,molS:t'\ 10' ..,h.ch lilt 5Ul('Iy mh bl' I'.bl(' ht/tunde'. lI'\e ,,""<.1....- leI '0"" ,n '''e ,",, 1\41.I:I.ll)h ""t'ol T", I"m "b4IJ'\(\ 01 'he COnl/HI pill e," H ulCd .n th.\ PJ,.,'.ph. \t-.~, mun I"e 101.1 .mount p'Y4b/. bv Own., to Con'fleIO, undr' 'hr ConlflCI ."d ."y .amendment, t"",,,'tn. l~\\ Ih, ..mounl prop,lIy P4'~ by Own" 10 Con"..CIO'. f'I"y luir uncl..r rhi\ bond mu\l be .n\lilu..:d b..ro;r Ihe e_p.,.,.on 01 Iwo (11 \/1'~1\ I.om Ihe d~le on wt'..~. fln~I'p.ymtnl undtl Iht ConllHI 1,11\ due No "gnl of HI.on sh~1I Herue on Ih.\ bnnd 10 or '0' Ihe ule 01 ,ny pellO" nl CO'pO'~I.O" o'''~, I"~n ..... Owne' n.mtd "tlt.n n' Iht htll\, f'Il'CUIO/\. .dm....\ "~IO'\ 0' IUCCt\\O'1 01 I"t Own~' ~' Blair Construction, Inc. .... \:.. .:"~ "\ ' /" , . "'- ~:: ~'O .........11 ':":;: .:., "t r; q\f ,II c- ':.-..,,, '="" .. ..., ~ . '"'"- -,,,~,,. ~.~.. ..~~- ~~)t'de~-:'- ~, ( . ~ . '- {iP~~.~~~" -, TlrI" I ,. National Fire InsurBIlCe :.Company of ~rt;.ford { . ,~...II '1.~II""." :~,~~ '-"'"----., ~:.,<.-- ~-~~ ~-l ~ ~:~ :g (. PJA--<.~' J BuCk Leigh / o.-~L , II,ilI'I ~AFtofney-in-Fact ~;,.\ ' -. "1..\ -;'.i, ""7>/__~ -... . ~ 414'_DOCVMfNT 4JtI . rrHnll,,4^NCf BOND AND IAlnr A.NO 1.4""(1''''1 ,......1.4/,." 80",n . AlA f" ~1- .1~.~"I"''';I:Li~ """'lA""'~"'\o,,,,,,"\ll\vlll)J....rJt;:lll' ..:..... "'.1 ...., .......,#.... . .'~JJ " '; ::,I)\,:'q;~j..Y.:n,t:::-~~i:itl:l'brj~i.ogl!By..~~aW$;~'":dlRe'~'ol,ution~s1o' :'j" ',~:;' ~<l\Or)< ADOPTED By:.;rHE BOARIDI0F,DIREGT0RS"OmICONTINENliAL)CASWAI2T\Y)C0MPAN;Y:."~':' iT'" ' ; ";';:d"~ ';i.'t1rC.' ',.1 " ~A.':I(}l-.:!8 ':~_-. 1':.:,f..:l:';1.t)~) IT.:/-I}-(~,~\.\.) 't1l\~)jFI]~'11i.4 nc.:tr;-. (i!::) ~1)~jil;J .H~n') f:. ,Gn(,Y'~';~;':J;~..!'" -=';; YL'" " <~',' :._\:,:'.;.. . This:l?ower:.of:Attorl)ey,js.made ai1d;executed pursuanUO)and'by-,auth9rity,:0f,the'followingiBy.~Lawiduly,'adopted,by the, Board of,,~ :.;",' n Directors.of. the'Gol1'pany. l" ':'.: H'/ ':1 (;",) \':":,; l;,ri, (Ill\; ,i,if)1'! ,': i(1 ";;f,i~ ;/I"lf' ,I. ;" . . ;.,; '0 ./,:::;. H pi .~,-.:;..!i.) '" :"i' 'ii!:' ',.... -" I, " '.,':' I'. "Article IX-Execution of Documents',icq,. \:,.'.. ";;Jl:l;;;lk'~ ,~.;!,.:,., ',' ". ., ,"".'" ,... Section 3. Appointment of Attorney-in-fact. T~e'.ChaiJinan:oUheiBoard,of Directors;,.theJPresident.or. any"Executive;:Senioror::, . Group Vicepi-iiisident may',-trom'timei"t6-tfme-;"apPoiiif6Y wi'ittence-riificates'aftoi'ne'ys':in'':faCt 'to~rcfilroetialfonnlfCoriipahy' in the -- - 'execution "ofpolicies'ofinsiirance, 'borias";"'undei1akinifs""aric' otheifool@itory'instfuitients"of liKe-r'iatui'ECSucWattom~ys-in-fact: subject to " the 'limitati6iisset'forttl'ih" ttfeirrespective-tertificates"oraTithOrity '-'shalrhave'fulrpower to'bind'the'Company' by' their signature and' . . - '--executibn"of'a'ny 'such'instruments'3nd' to'attach.the 'seal-of'the:'Company'thereto:-The'Chairman'ofthe'Board of'Directors;'the Presiqent'or'anyExecutive; Senior'orGroup Vice'President'orthe'Board of Directors; may, at any time~ re.v.ok~..a":po,^!er'an.cta.uthority pr~xlC?u~,ly'giv.l6~'tq;a;~Yl!~~m.~Xi!J?i,!~~' .:',';:ii~;t::'!' i.~~;: ;;,;;. :,;; .:,; :~";':',~ "'ii ~ "i;',i:';r;~. .:: :~:0;:;;i :;: ,i;;;; ~~'8:r ~;:,:"~';, ",<; " , ':,.t~ '. ' :.~, iJ': ..",. -f \'i.~"; ~if."q.~ ~l" "~P("r"'lrl"r.';\ ,;....-~.~r-r-:. T. -,;:..,'-r -,;-'-' ,- .. ,~_~,.......t .. ....~_ " . This Power. of Attorney'is signe?and,sealed'by fa~imi~~,.,~'1d,er?,~~,~y" ~ry"~' a'uthoi'ity of the 'following 'Resolution ad~fted' bV 'the BoarC/of Dlrectors,of.the, Company..at,ameetlng,duly ,called and neldon,the .1.7th day of, February, 1993. ,. ...____.. ,......., "'., , . .. , , . "Resolved, tha.tthesignatureof.theJ?r~sidentor any.Executive"Senior.otGroupVi~.~resiqentand~tIlEl..se~! o.fJhEl_C.9mp~.IlY may " be'affixed'oy'fadSimileroii;afjy:j:iowetohi~brneyj~iranted;pursuant:to Section;3 Of1).rticle,rX;'of the'By~L:aws) and~the;signatu're:of the: Secretary or an Assistant Secretilr)i"iind tfie;se'all'of the{C::ompa'rl)'linay b'e:affixeo'by;facsimile to!any certificate!ofany such power::and' C3ny.P9.wer,pr,~nm~Je ;P.~?,rmg"SH9~!f~~imJ!ElI~[~Q~!~rr.,~nRI~r?l1 ,~ha},I,?~:~f1!i,~.'~~,?obm?!rg ~,~ m:~: qprrpan~. ~n~,~u?,~p~~~r ~Q: executed and sealed ana certIfied by certIficate so exer:;.y.t~d. a~q.se?lledshall,.X'!'th.r!espect,to aryy bonp,:Oru'ld~tt~kl'19 ,to.~hlch It!S attached, continue to be valid and binding on the Com'pa:iW:.'\ ~ ...., ".' ...."'.. '.. '''.'..'' \ ' ." . ". t.~., '. ..' , ,-. -_.,..--,. -...- ~ _... - ~- . .._ '4"'__' '., _.__ '..._..~ .._ .... . -- ----.__.... .-. _....-.. -~. - --~ ...., -.. ~,_. ....',. t. ':<, >It, ,'I ' '" i .... :...~f~..,:=.'::;.-r :'-:~~id~ <"~""Jf '.',. . - -:~:: ..;:. ,:. 'r...",}. .-;'. ,:r,' ~.;(} . i; ,:.~" . ~.' ..:-~')i:,.::",' ..'r.I~;i'.. ADOPTED BY THE BOARD OF",et~.~9T9R~ ,o.ft~,~,~~!~~~ ~f:'~~AL TV COM:.'.',~~ OF READING, P:~,~~~LVANrA: , . '_ , This :P.oW~r OfAttbrney :i~ ;fflad~;~Nd:'~~~iui~d'P'uh.Jcj"~i:to, ~nd by auttiO~t?Onh~;'fbIlOWing By~Gi~:d!t~,~~aP.ted by theIB~~~d o~ .' Directo~""6"f'tfle toHipa~y~' iI'" ",.;. ,',} I' llll."",,.! ~"l\.j!;) :'i'''-''\ /.J;~, ;.'_ "",\,,>+: \ ' /::,i/ /j~:F~~~\ ,;i :.? '.';" ' , '\, "Artlcle\Vl--Execution ~febJigations al}~ Ap~ointmentof At\Q.rne~d~;F,act ~~d :~r' , Section 2. App~i.rit!llerl! C?f ~~0ri,~y,-inif~R:',T:~~1qq~ifri:1an of th~ :~9ard~9f;lDir~9!ql-s. the~R.~Jsi'tenV,9; ~M,.ExecLitive! S~ni9! or. ' Group Vice Presidenfmay>froin time ta time~ appoint"by written certificates attorneys-in-fact'to actir'i;behalfof the Company in the ~, .. .... ....'":, ~..... r"'- ~,',- ...' \.... 1'1.~....', :"'''''' ';).", -f' "\ -. ......_.~ execution of policies of insurance, bonds I undertakings and other obligatory'instrl./Iiients of Iike'n~ture:' ,S,uc:h attorneys~in~faq,\subject to the limitations set forth in their respective certificates of authority, shall have fuli power to bind the Company by their signatLire'and : exe:cutionof;af.1y':f!uch instruments7ary,d:~0.;.at!ac~;m~'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." :' :~c..~:: 01 " .. _...~ ".; ..'d." . ~":i.:: . ' j,; '...... . . " T~is P()wer- of .A..nfl,rney)~~i!J~~?''!l,ri"d:;~,~_~led by,iJ.acs},!!i1l(.N,nd~.r.;aQ~, PYit~~"a,u,~qr.~ty ()f th~. ~91!()~ing ,~e~0Iuti9n .adopte~ by the Bo~[d, .~f Directors oft,he, COr;1'1p,any'at:.a'f!l~~t~~!J,;~yl.~ ~!led}!nq;h~I~}ln.~~~,\ 1~m'~~Y(9fF.~bruary, .199~:\, J ;' ~::. ~!i.', '<1"'1 _ , ' ' " ' ,'_._!~c~lt""'~"("';""~t,'::';';'~'~!-'''':.f~''''1'f',' ',~.. "p',iT.,';', ...t'~\.1 ':':.1 ~"!""j .':.i:-l'~'-'~''"'~- ":,,~.I"r\~(~i". ;'1 " " " , ~Resolved"that,the,sigriature',6(thePresidentor.anY'Executive, Senior or' Group Vice PresidenU~'hd'the:seal of the .Companymay . -. .....~,..-:li'..I./.'.II.';'. -:...".:-:',.: ,,',::,~,,\,:,:.J""..l,.....L,. _.~:;~'llJ-,-'i~~!HI'1"-~:;1;..Jll-";"'\; ;,1"':,~;':':-:"""'}1 ,.o.;:'VUl.:',:.'r..!I'..,>, , ','i"..~l,.:.I'-,." . ,,\V.. .' be,,~tf!~e.d..by, f~~U'l}lleio!1 ~1;1Y..,P()Y"~r.of"a,ttoX(1ey.ogr~l1~e~ p.!Jrsyan~i 10 S~.ct!OI),-~ ~f, Artlcl~, Y,IJ' of, th~, ~Y;:[i'J,ws,~.~r;l~!he.,s!gn~ture of, the, .' secretarY or" an' AssistanfSe'cretary' ani:!' the seal of tniii'Con;panY"ii1'!Y>~p'e~(fixe.~ ti'i. ~~~imi.J~:(q;an'Y~~~inAAW9r'aQY,:S~9h, ~ower'and any power or certificate bearing suc~ fa~imile signature and se~lj};j!i,~Ubei~I.i9 ~DPot!>'i~~i,!1,g:~~ l~E(C~mpariy, Any such' power so executed and sealed and certified by certificate so executed and,~sealed sh.a.II,.~;thl~,~R~i;:tJo;Ciny Dondor undertaking to which it is attached, ~C?ntinue to be valid and_ bind,~ng.on ~he Company." - " ~,'..,:/,\,":'" :..: ;,:;~~Ii.": Thi,s Po'^!e.r o.f Attorney 'is ri1~de anC!:!,!xe9li!!,!d pursuant to aM. by autrprity oftheJoUowing Resolution.duly adopted on February 17, 1993 by the Board of Directors of the Company, . ' ~'-:-.:. ~ "~;" " I:: ',- "RESOLVED: That the President, an Executive Vice presideni,' or'ariy Senior or Group Vice President of the Corporation may, from . time to, time I' ~pp'o.i!1t,~Qy;w.ri~e.n. ce,rti~SC!t~~,~tto.rI')~Y.~in,F"a,<tt.~!tl:l~.i9(beh~IJ,oHh~9~9',o.r~Y9!" int~.! El~~c!Jt!op"o..f,!?()I!si.e~ of i.':l~!Jrance, ".bonds,~nderta.kjrig~ flm:l other?blig~t~ry:jj!1~,'r;l!IT).~m~.of~.Ii.~~~~?~u(.~.,,~!:!ctl. A~9.rney.in:F:~~;,subjE!,~ t() ~b.e, Jirni,!~Ji,or~ ,set 'pith :in their, , ;, resP13ctlve. certl~.C?!~S ()taut~onty"s.~~II\~~~~fu.II;:PR,~"ef:lR}pmsMJl~.::,<:gl"P,~r!3~1!?,n})y ~bEW ,signature a~d..e,x..ec,utlon of.a,ny .such ,"s!l1.!men~ and to attach the;seal.of the Corpo~~t!qn :~~.er.!'ltq'.rTti.~j~i~~iQ~I)~, ,~rij~~ecutive Vice:.~fesiqent, ~ny~~nioqJrGroup Yice. F:'resident or,,,,, the Board of Directors may at any time revoke all power and authority previously given to any ~ttorney-in-Fact" " -,- . . , This Power of Attorney is,signed.and,sealed by facsimile unqer and by the_~utbority of the following Resolution adopted by the Board of Directors of the Comparyya,t:ameetingg,uly;cailed aridh~lq;ori'itB~~ 17th day'ofF~,l:n':ia,ry, 1993. .... ,'. " .< . . . " " . - . .: . ~l:"\ ,;,~ ~_, ,:' " :,':",\", i,. '_J:"'::';\::" '.;'.._ ..~:':'\ :.-.~ _._. .'. ~ :';' , "RESOLVED: That the signature of the President, an Executive'Viee Presidenf'or,any Se,riioror Group Vice Pres(dentand the seal of the Corporation 'may be affixed 'by facsimile on any. power of attorney granted pursuant to'tlie Resolution adopted by ,this Board of .. M. " '. '. 1 _. ,~.> ,'_ ",',." ~. , :', ,.... ,,'. ,;0 'I ''', "- . I,; '.' ..r '. _.,' ". .; Directors ,on:F~bruary. 1.7;.j 993'arid t~e,signature'of a Secretary or an Assistant S.ecretary and the:~~,al,ofJh~:CorporCltion ~ay be.' afflxed,by facsimile to 'any Ce'ififieate of any/such pO,wer, and any pow~r or'ce,rtific8t~"bearing s~,c,n..:!~c;imil~"signature'a!1d seal sh'all be valid and binding on the Corporation. Any s'uch pow,er so executed and'sealed,and certified by eertificate.s'o executed and sealed, shall with respe(:tt~ any bond or underta~ing,to which i~\~"attached;-continue to be valid and binding on the Corporation,. , . POWER OF ATTORNEY- APP(jINifINGJINDIVIDUAU'A TTORNEY -IN-FACT Know All Men By These Presents, That CONTINENT>AUCAStlJI;lTY..'COMPANY,an IlIinois:cbrporatiori,'NA'fIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUAL TV COMPANY ~OF READING, PENNSYLVANIA,a PeririsYlvania1corporation;(herein collectively ealled;"the CCCSurety Companies"), are duly organiied 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, constitute and appoint ,,'-': ~", ':' ," ' James D; Thaxton, Theodor~:~, 'Marek, ;Buck,Leigh,:G,.A.:Weathersby ,~ndividually " . "... ~ f: ~':'.. , ;: )-.\ ..:' ','.. ~" ;" . . .~ - .r \~' !:-',.. 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, ul1~ert~ki~gsand oth~r obliga.tory,i~~,t~yments of silT)ilard'~ture, '. . , " , " ' " '. - In Unlimited Amounts - , :. .'! ':. . ~ ';'; 1",< ~. ", ~,. -: ';. ~.-' .-' ~; and to bind them thereby as fully andJo the'same exten,t ~sif s,uch !nstrL!ments!were signed by, a duly aut~orizedofficer of their corporations and all,the acts ,of said Attorney, pursuant to the authority.hereby given ar~hereby ratifiep.and confirmed, This po~~r of ,a.~R~~,~y ~s made ~iJ~, exec~t~~'p'~i~i~gt"to a':l.d by ~~!h~r~x ~tthe BY~L,iiV~S. and Resoluti,on~:printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporatlo~~!.:, " , 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 28th day of October 1999 ~ .~h \ _:~ ~.. ::., CONTINENTAL CASUAL TV COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AM;;AN 'CASU~LTY'i'. .;~ /OM;;NY O~jEADING, PENNSYLVANIA /?/iutM1.t7'~~ Marvin J. Cashion . Group Vice President State of Illinois, County of Cook, ss: On this 28th day of October 1999 ,before me personally came Marvin J, Cashion, to me known, who, being by me duly sworn,did deP9se and say:, that he resides in the City of ChiCClgo. State of Illinois; that he is a Group Vice President of CONTINENTAL CASUAL TV 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 cOrPoratfdn~; that'th'e ,seais' affixed to the said instrument are such corporate seals; that they were so affixed . pursuant to authontlgive'~'~y :the Boards of q,(~eCiors of said corPorations ~nd that he signed his nameth.ereto pursuant to like authority, and acknowledges same to 'be the act and 'deea of, s'aid' Corporations. ' " . 'rj U(~l:' ,'1!" -'. . '.' . : ' . I ......,.~~..~~~.~...........: >>..~. :' . '. OFFICIAL" SEAL · .' '" ' : DIANE FAUlKNER :. ' f\ I : Notart N*..... of mlnol. : ~ ~ . My CommIMion ExplNt 9/17101 : I............................. My Commission Expires September 17.2001 CERTIFICATE Diane Faulkner Notary Public I, Mary A. Ribikawskis: Assistant Secretary of CONTINENTACtAsUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, ancfAMERICAN CASUAL TV'COMPANY OF'~EADitllG:PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the"By-Law a.nd'Resoli.ition 'of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whElreof I have"tlereunto subscribe'd'my mime and affixed the seals of the said corporations this day of .. :. , ' (Rev,10/1/97) 'CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE <;:OMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~a Mary A. Ribikawskis Assistant Secretary ,"'"' r \. ~-..... .~' THE AMERICAN INSTITUTE OF ARCHITECTS . .~~i ,:~.~..r 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 CONTV.CT KNOW ALL MEN BY THESE PRESENTS: that Bla i r Construct ion, Inc. IHcr~ inlff\ Ivll nlme Inu lud,rll or I~'II lotl~ or ConlrI(IC', PO Box 770, Evans, Georgia 30809 as Principal, hereinafter called Principal, and, National Fire Insurance Company of {Hell il\\rtl full nlme lnd .dd'l'\1 01 ICG.1 llll~ 01 ~VIt.!'1; Hartford, CNA Plaza, Chicago, Illinois 60685 as Surety, hereinafter called Surety, are held and fi'rmly bound unto Augusta-Richmond County IHue inur' full n,me .rod .ddtfU Ot It,~i1 IlIlt 01 O"",ne'~ Commission-Council, 530 Greene St./Municipal Building, Augusta, GA 30911 as Obligee, hereinafter called Owner, (or. the use and benefit of claimanlS as hereinbelow Three Hundred Sixty-Two Thousand Three Hundred Forty-Two and 03/100s (Her. Inllrl I Ivm .qvll 10 II lUll one.hlll 0/ th. conlllCI prier) Dollars for the payment whereof Principal and Surety bind themselves, their heirs, successors and assigns, jointly and severally, firmly by these presents, ddined, in Ihe amount of ($ 362,342.03 J. executors, administrators, WHEREAS, PrinCipal has by written agreement dated (Hilt IMerl rvll nlm., Iddrell .nd dtlcrlplion 0/ prolecl) 19 , entered into a contract with Owner for Katherine Street Parking Lot at Augusta State University, Richmond County, GA in accordance with Drawings and Specifications prepared by PO Box 2103, Augusta, GA 30903 Johnson, Laschober & Associatef IH~'t inletl ru." nlme and add'fll 0' If,11 lille 0/ ""II,lftll which contract is by reference made a part hereof, and is hereinafter referred to as the Contract AlA DOCUMfNT AJl1 . PERfORMANCE BOND AND IAROR AND MATERIAL PAY,'A(NT BOND. A!A @) F(BRUA'~Y 1970 ED.' THl AMERICAN INSTITUTE Of ."~CHlr(CTS. In, NY AvE, N W" WASHINGTON, 0 C lO00b J ,J WARNING: UnllcenMCl photocopying vlolatea U.S. copyright IllWt end la sublect to l89al proaecutlon. ~-' \ LABOR AND MATERIAL PAYMENT BOND " NOW. TlllltrClllt. TM( CONDITION 0' THIS OllIC^Tf(')N 1, lu~h Ihll, \I "rlnclp;al ,h;all prumplly molr.t p~yment 10 all ,I~.m.nll JI hete;n~rler d,erined, for JIII~bo' .nd m.\I"/i:t1 uled 01 le.1on.b1y lequiled Int ule ,n Ine pe,rOt"'Jn~c or 'l-o,e ConllH:1. IIIcn Ihll oblil:~\lon lh.lI b. void; Olh"rwi)" il Ih~11 r"m~in in Ivlllolce ~nd eHecl. IvOleel. ho......e...cl. '0 lr-,e 10" lowin~ condiliOM; " A ('I~im~nl 11 dtnned II on. hlvlnl I dlreCI con. IrHI wilh Ir.t Plincipil 01 wilh a SubconlrHlor o( Ihe Pr.ne'(HI 110'1 I~l.lol. m~leriil. 0/ bOlh. uud 01 InlonJhly ICQv.rcu 10' "Ie. in Ir.e perlorm~nt' 'of Ir.e ConIfJCI. I.bo, .nd mJI~'II~1 beinll conllru,d 10 Include IhJI pJ/I 01 w.lrr. ,.,_ "ower, fignl, r.UI, oil, KHoline. 1C'1C'"none IIlvicr (JI trnl~1 01 e.'Qui"menl dillelly Jpplioble'lo IIle ConlfHI. . 2. The ~b()ve n~mt'" Princip,' ,nd Surely "e,chy 10/1'111'1' JI\() Ic<,erJl/y ~~/tt wilh Iht Ow",,1 IhJfcY~/Y ,1~imJnl Jj h('l('in odil'leo, who nH 1'101 I.>Hn f1Jic1 in '10'11 \>tlolc Ihe 'lpj'~lion of ~ ptfiod ()( nil'l~ly IljOl d. '1'1 ., II '" I lit 0~ I C on whieh 11'10 IUI o( 'lIeh cI.I im",'" l WOI~ 01 IJbol .....H done 01 ptrfc)fm,d. or m.'ll'riJI\ welt' (V/nilncd b~ lvch ,'~im.nl, m~y IU~ on Inil bond II'l' lh, V\C O( luch el~jm~1'I1. p/nncule Ihe luil 10 lin~\ jvda'menl for Iveh ~um M 111m, H m~y be jvllly dv~ cl.imJnl. JlHJ h.'ve u""Ulion Ihtrton. Tht Owner IIIJII 1'101 be li~blc (or Ihe piymel'll o( ~ny COlli 01 CX(lC/l\CI 01 .;y Ive" Suil, 3. Nn luil 0' ICtiol'l Ih~1/ bo commenced her~ul'\ul:l by .;..y c1~imJnl: &1 Unltu CI~ilTl&nl. Olner In,)n un, hilvlns iI direCt conlrHI wilh Ihe Principii, ,h~1I h;ave given wrillen nOliCI: 10 ~lIy two or lh~ (ullowinll: Ihe I'lincip~l. Ihe Own". or Ihe.' Surely ~boYe Mm"ci, wilhin ninely 190) dJyl J(lel lu(h clJim~nl did 01 performed 11'11: IHI 0/ Ihe .....orle 01 I~h()(, or (urnished tht IUI o( the m~lcriJIt lor 'which IJid cl.im il mJde, Sti1inS wilh lubllanliJI Sianed ~nd $.C~ltd this day or .~~ $'. ~ (Wilnl'ul ~f ~ __LA -~;t~ IWil" I ., ,ccurleY rhe ;amount cl,imed ~nd the n~me o( the ~urty 10 wh'om Ihe m.ll'ri~1s w("(' (\I/nilhH/, 0' '0' who,.,.. Ih(' worle 01 I.bor wJI don\' 0' ncrlo,mcrl SuCh roOI.CI' 1".11 be len'cd by mlilinlj ,hC \,'mc b... /1'SoIle'ed "'J,i 01 el'/Iilied m~il, POII~I:I' ,,'('nJ'o. in J" (,'n.,.t'/ope H1' d,rHed 10 Ihe P,inc.p~l. O-"~, 0' 5v,cI', J' J"v pllee where Jf'l ollice il 1t'l>vIJ/1V mJ,nl~lnc(1 ro' IIYt' 11."1' "Iiol'l 01 bUlil'llll, or 1e.'/\ll'0 In Jl'ly mJnnl'r In ...,h,c'" "iJI P/O'''' m.y b. 'trv,d In Ihe ~I~I, ,n which It'I. ,IOffUid proj'CI Is IMaI.d. \JV' Ih.H IUChlflviCl nttd nOI bl' m~d~ by ~ public O/l,C\" OJ "IICI Ih~ CJp;/~IIOI'I o( nn\' (1) yt'J' 'ol/l(Jw,n& Ii'll' dJIl' on which Plinc.".1 c\'.'<''' WOll on I,"c) ConI/HI ;., lH'ln!> und(,'Il,ood. hOweYI" '''JI .1 Jl"ly 1'''''IJI.on f"'" bvrlicd ;1'1 Ihis bnnd il pto/t,bol('d t)y ~I'Y 1.1'" (01'11/011,1'1; Ih, (onl/'lI(lion h",t'ol 1\le" ,.",.ql.l'l" '''"II r,c c1~e~~~ 10 bt Jmer"J('cJ 10 J I 10 bt' \'/"." 'n 'he ""'....,,'u m n e " 0-:: 01 limllJ-lion pt'rmill,,(1 uy IVI" '.IW C J 0 I h" r III J 1'1 i 1'1 ~ ) I J I C C () \ III (l r C om p t I~' 111 I I.' II 10, C I' 0 r In ~l'Id -t'OI I"~ counly or 011",', pO/ilIOI lulld,vl~,on 01 'he mil in which the PloleCl. or Iny pJII Ihe/tol. j" ljIU~lrd, or In Ih, Uniled SI~I~I Oi,lrlCI COlolrl (or lh~ dillrier in which the Proiect. 01 ~nv P~" IIItl"o(. i, Iii. uJled, ~nd nOI tl~ew~ere. 4, lht' JmOunt of Ir.i\ n(l"u IIqll b~ I('(luc(,'d bv ~nc1 10 Ih~' ('ll"'" 01 .ny pJvm('"r '/1 ('IJymc.." '''Hle ." ;:,ooc 'Jilh hereundt'r, inclu\lvr of .ht p~ym('''' 'IV 510"(,'1'1' o! mt'chJniCl' lienl which mJy bc (ill'd 01 ,ecord ~s.,nl! IJid imp/ovl'mtnl. wh~lher or not clJim (0' Ine ~moun~ 01 luch lil'l'I be prl'lCnlcd vr-dl" ~nd ~&J,nll Ihil bone Blair Construction, Inc. t~~((.~t.:. · , rT,lh'l M... \t " -... ' Ih.lI ~.. "r;.. ~ ~ -.....' ': ~ '\te~}de;+:' 'J' _ '....... ~ National Fire InsULance Company of Hartford (SUfl'/yl 1$..1, f ~ / P'7}'/' Buck Leigh. . (Till!') ,-: . ...... '7 ", _",; , ,,~\~' -- ~.:~-;- ~/ .~ y , n?-i. --"~<.. Attor,neY~ln-Fact ~.-~: . . . -~- /r.. / ~//.~- v, I' ~ - - ! ~ ...,.... OOCUMr"'l' "')11 . prW/ORMANcr DON" M.m l^nClW ^NJ1 ",^llWIAl I'AVM(NT ~()NO . ^", ~ IluwU^lIY hIli II)" Ii'll ....""'(aILAN \NHI1VH UI ^l\L'HlllCl~, 1/1\ NY AVI, N W ...,....\M.N(.I/)" :) : : ,{j, " ;' I I, I I 'I' 1, I I, ) 'I I il II 1\ II I I I I' LIST OF PROJECT DOCUMENTS KATHERINE STREET PARKING LOT 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-I Special Conditions , SP-l thru SP -2 Agreement, A-I thru A-4 General Conditions 1 thru 33 Supplementary Conditions SC-l thru SC-2 Proposal , P-l thru P-3 Construction Exit CE-l General Notes G-l thru G-12 Traffic Control TC-l thru TC-23, 'I, 'I I I I. I, I :1, I I, I' :1 's ,I" Ji I I II I SECTION IB INSTRUCTION TO BIDDERS IB-Ol GENERAL All proposals. must be pres~nted 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 EXAM-INATION 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 preb1d 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 Contrc=t Docume~ts. - IB-l Department of Public Works and Engineering Clifford A, Goins, Assistant Director Engineering Division Pre-Construction Section Teresa C. Smith Pre-Omstrdction Engineer 1815 Marvin Griffin Road Augusta, Georgia 30906 (706) 796-5040 Fax (706) 796-5045 MEMORANDUM OF TRANSMITTAL Date: To: S/Zf5/0D , ,. IUS. U3J4 1jwA.JErC.. From: ~/JJL ~L.L K5~ 7Ble;SA ~d..{/T7-f ?JA/ Subject: Project No,: File Reference No,: j<JrnIa.st..JG' S-rrIeEr f?~J0 LLJ'/ /k Jc'U.4$-r/J 5~ NO. M JGfL - 6009 06 -~3c:J (C) We are sending you t( attached 0 under separate cover: # Co ies Dated Descri tion Comments: I :1, I I I I I' II I 'I, I I ,. I J I JI. 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 ~id 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 tq 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-OS 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 ~ontract~ and in the mariner 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 ,uni t bid prices shall govern. .,-n_"'" 'I :1; I' ,I' I ,jl 'I, I, I I I' I I I' )1 .1 'I II 'I IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless .he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has 'sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal" sealed in, a separate e'nvelope, 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 torej~ct any bid if the evidence submitted by the bidder' or investigation of him' fails to satisfy the Owner that such bidder i's 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 anq. 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 ~ive bond to the Owner for the use of the Owner and all, persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, maChinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-OS REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or ,to accept a bid other than the lowest submitted . if such action is deemed to be in the best interest of the Owner. IB-3 ',1, ~,I II' ,I. I I, 'I If ,I, I .1 ,1: .,I! I I, 1\ , ' , 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, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. All claims, disputes and other matters in question between the Owner and the, Contractor arising out of or relating to the Agreemen t, or the breach thereo f, 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. Notwithstanding any provision of the' law to the contrary, the parti~s agree that no,' interest shall be due Contractor on any sum held as retainagepursuant to this Agreement 'and Contractor specifically waives any cla~ to same. NOTICE All references in this document, which includes all papers, wri tings, drawings, plans or photographs to be used in cOIlIlection with this doc'Ument, to nRichmond County Board of Commissioners" shall be deemed to meari nAugusta-Richmond County Commi.ssion-Council and all references to nChaiJ:maIln shall be deemed to mean nMayorn. DISPOSALS Prior to any material fram this project being wasted or otherwise disposed of outside the project limits the Contractor shall furnish the Engineer a copy of written permission, signed by the property owner (or his authorized agent) describing the estimated amount and type of material to, be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other such materials are to be wasted on the property, a PPA-:1 ,I. I, I' ~I, :1 J, 'I II I " :1 I , I 'I JI ,I' I~ I I CODY of the owner's inert, landfill permit, issued by the Environmental Protection Division shall be furnished ,to the Engineer prior to any such waste being ,removed.from the project. In all cases, regardless of the material being wasted, a grading permit issued by Augusta-Richmond County must be furnished to the Engineer. PPA-2 ,I I, ,I' J 'I ,I 'I ~I~ ,I " II I ,I, '. Jr' II I 'I I MINORITY AND ECONOMICALL Y DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County-Council to increase the involvement of qualified minority and economically disadvantaged businesses in the . contracted work of County Government. ' In an effort to support this intention, this project is offered to illLqualified firnis. ' 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 proj ect. The bidders shall include with their bid a statement of qualification for themselves ,and/or any qualified subcontractors expiaining 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' :1, 'I' ,I, I, ..... :1, I, ,Il ,I, :1 I, 'I' I, I I I I KATHERINE STREET PARKING LOT SPECIAL CONDITIONS SCOPE: This project includes the construction of an underground detention system and parking lot adjacent to, Katherine Street on Augusta State University Property in accordance with the specifications and plans. The Contractor , shall supply all materials, equipment, labor and supervision necessary to properly complete this project. TERMINI AND LENGTH: (See plans) , LUMP SUM CONSTRUCTION: Item Number 230-1000 Lump Sum Construction includes, but is not limited to, the following: Locating, maintaining and reclaiming disposal and/or borrow areas, construction staking, removal's and relocations not covered by a separate pay item, sawing pavement, removals existing pavement (all kinds) sidewalk, curbing, gutter, drainage structures, driveways, etc. TRAFFIC CONTROL: The contractor shall not perform any work in or adjacent to thetravelway that unnecessarily interferes with traffic flow between the hours of 7 a.m. ,and 8:30 a.m. and 5 p.m. and 6 p.m. SPECIFICATIONS: The bidder's attention is directed to the fact that the University System has' included specifications peculiar to it's projects. These specifications have not been exhaustively reviewed for conflicts with those routinely included in contracts by Augusta Richmond County/Georgia DOT., In the event of a conflict in specifications, the final interpretation will be made by the Engineer. SP-1 ,I~ ,I, ,I: I I I, I ,I " il: ,I, I ,I I I, I I, It I HAUL ROUTE RESTORATION:' Quantities of asphaltic concrete and bituminous tack coat have been included for the purpose of restoring any damage sustained by streets/roads caused by hauling vehicles utilized in constructing this project. , Item No. 402-0133 Item No. 402-1802 Item No. 402-1812 Item No. 402-,1 000 Asphalt "H" Asphalt Patching Asphalt Leveling , Biturn Tack SP-2 60 Tons 60 Tons 25 Tons 50 Gals I, I. I J I I, ,I .1 I, 'I I I ,I 'I I, I I, II I') SECTION A AGREEMENT THIS AGREEMENT, made on the~y of ~?::!j. , 20e)by and between Au!?,usta-Richmond County Commission-Council, party of the first part, hereinafter called the OWNER, and 1SLA ({L CotJ5712...U crTD~ ' l.uc., . party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and t~e 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 ofthe equipment and labor necessary, ,and to perform all of the work shown on the plans and , described in the specifications for the project entitled: KATHERINESTREETPARRINGLOT Project Number: ' 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 - LIOUIDA TED DAMAGES The work to be performed under this Contract shall be commenced within 10 Calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 125 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 ofthis 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 ~etween the Contractor and the Owner, thatthe time for completion of the work described herein is a reasonable time for completion of the same, ,taking into consideration the average climatic range and A-I I ,I, ,I ,I, I,' I,' I "I, I, I ',I I ,I I ,I Ii ;1, I I time for completion of the work described herein is a reasonable time fo'r completion of the same, taking into consideration the.average climatic range and constniction condition$ prevailing in this locality. - , IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. ' The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. . , It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the compl~tion of a work, the new time limit fixed by ~xtension shall be the essence of this contract. ' ARTICLE III - PAYMENT (a) The Contract Sum The Owner shall pay to the Contractor for the performance of the contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Progress Pavrnent , ,On no later than the fifth day of every month, the Contractor shall submit. to the Owner's Engineer, an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run, following approval of the invoice for payment, the Owner shall after deducting ,previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in'place. The 10% retained percentage-may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 I I, ,I I :1 I I ,I, ,I, I I. I I 'I ,I I' I I I Revised (7/1/99 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 [mal 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 gu~antees. 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 or the Engineer, and without terminating the contract, make payment of the balance due for that portion of the work fully completed-and accepted. (e) Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques; sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract.. Each payment shall be made Under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A-3 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.' . ~ SEAL Attest Yn~~l,* Secretary ~ S;.J~_ Witness AUGUSTA-RICH1vfOND COUNTY COMMIS N-COUNCIL (Owner) By: '" Title: Mavor of Auausta- C OI11IIli ssi on -C 0 unci 1 t~ . . 'CONTRACTOR:dk.,:- C:;",s-!r-vc!-;vv?, I v?c , , By: u~~j~ 12.. ~J;~JUA. Title: ~~,;cI...._ +- Address: ~o. ~~ 7/0 &c::_n, GA 'I 70807 A-4 . < ' '\ . . \. Jo ~ ..,"~ t"..."\....;.: . . -,::>' -:--..., : - '. ~",/ 3". -:--: ,:'v-v (.... :.. -:::- ~ f"'r, ~.r - :;; 'J~ J ~ -:;~ -;:::- J. :. I I, I I' " '1,', I ~I, I ,I ,I. I I ,I , .1 - I I I I GENERAL CONDITIONS . " .' ," . I I I I I I I I ,,, I .1 .J I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Arricle Number Title PaRe 2 3 4 5 6 7 8 9 10 II 1.2 '. 13 DEFINITIONS.. .....,... .... .................. .................. ... 7 PRELIMINARY MATTERS ........................:............... 8 CONT.RACT DOCUMENTS: INTENT. AMENDING AND REUSE........,...................... 9 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS....... .. ...................... .. .'. . .......... 10 BONDS AND INSURANCE..... ........ ............ ............ ... II CONTRACTOR'S RESPONSIBILITIES............................ 14 OTHER WORK. .......................................... .......... 18 . . OWNER'S RESPONSIBILITIES..........:......................... 19 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19 CHANGES IN THE WORK......................................... 21 CHANGE OF CONTRACT PRICE ............................... ... 21 CHANGE OF CONTRACT TIME ....... ........ ................. ... 24 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK....... .................... 24 1~ PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26 .15 SUSPENSION OFWORK AND TERMINATION....... .....:.... 29 16 ARBITRATION ..................................................... 31 17 MISCELLAN EOUS . .. . . . . . . . .. .. . . . . . . .. .. ., . . . ... . . .. . . . .. . . . . . . ., 32 3 I I INDEX TO GENERAL CONDITIONS I Article' or Paragraph Number Acceptance ofInsurance ............................. 5.13 Access to the Work .................................. 13.2 Addenda-<iefinition of (see definition of S peciiications J' ..,................,..................... 1 Agreement-<iefinition of .........................'....;.. I AJI Risk Insurnnce . ...................... .............. 5.6 Amendment. Written................. .,........... 1. 3.1.1 Application for Payment-<iefinition of .................. I Application for Payment, Final ...........;.......... 14.12 Application for Pregress Payment .................... 14.2 Application for Progress Payment-review of .... 14.4-14.7 Arbitration .................... '. . . , . . . . . . .. . . . . . . . . . . . .. 16, Authorized Variation in Work ......................... 9.5 A vailaoility of Lands .................................. 4.1 Award. Notice of-<iefined .............................. I I I ,I. I I~ Before Starting Construction ................,..... 2.5-2.7, Bid-<ieiinition of ....................................... 1 Bonds and Insurance-in general ........................ 5 Bonds--definition of . . . " . . . . . . . . . . . . . . . . . . . . ... . . . . .. . .. I ,Bonds. Delivery of ............................. :.. 2.1,5.1 Bonds. Performance and Other .................... 5.1-5.2 I I Cash Allowances ..................................... 11.8 Change Order-<iefinition of ............................. 1 Change Orders-to be executed ,..........:.......... 10.4 Changes in the Work ................... " .. .. . .. .. .. .... 10 Claims. Waiver of -on Final Payment ............... 14.16 Clarific3tions,and Interpretations ........ '..... ...:..... 9.4 Cleaning ....:............:..............:............ 6.17' Completion. .. '. . .. .... . . , ... .... .. ........ .. , ... ...... .. 14, Completion. Sui:mantial ......................... 14.8-14.9 Conference. Preconstruction .......................... 2.8 Conflict. Error. Discrepancy-Contractor to Report ..................................... . :.5. 3.3 Construction Machinery. Equipment. etc. ............. 6,4 Continuing Work ..................................... 6.29' Contract Documents--amending and supplementing ............ ....................... 3.4-3.5 Contract Documents--detinition of ....................,. 1 Contract Documents-Intenl ...................... 3.1-3.3 Contract Documents-Reuse of ....................... 3.6 Contract Price. Change of .............................. 11 Contract Price--.ietinilion.. ...... ... ... .. ...... .. .. .. '" 1 Contract Time. Change of .............................. 12 Contract Time. Commen'cement of " ,:. .. .......... .... :.3 Contract Time--.iefinition of ............................ 1 Contractor-<iennition of ................................. i Contractor May SlOp Work or Terminate ........,.... 15.5 Contractor's Continuing Obligation.................. 14.15 Contractor's Duty to Report Discrepancy . . ' in Documents ............................ .,..... :.5. 3.2 Contractors Fee-Cost Plus ... 11.4.5.6. 11.5.1. 11.6-11.-;' Contractor's Liability Insurance,. ,.................... 5.3 Contractors Responsibilities-in general ..............';. 6 I. I I I .,1 I I' I' I Contractor's Warranty of TitJe ........................ 14.3 Contractors--other :... . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . .. 7 Contractual Liability Insurance ......................... 5.4 ,Coordinating Contractor-definition of ................ 7.4 Coordination .......................................... 7.4' Copies of Documents.................................. 2.2 Correction or Removal of Defective Work ........... 13.11 Correction Period, One Year ........................ 13./2 Correction. Removal or Acceptance of Defective Work-in general ..."................;...... 13.11-13.14 Cost-net decrease ...................;............. 11.6.2 Cost of Work.................................... 11.4-11.5 Costs. Supplemental. . . . . . . . . . . . . . . .. . .:.. .. . . .. . . .. 11.4.5 Day--<iefinition of ........................................ I Defective-definition of ....;............................ I Defective Work. Acceptance of . . . . . . . . . . . . . . . .. . . . .. 13. 13 Defective Work. Correction or Removal of .......... 13./1' Defective Work-in general............... 13.14.7.14.11 Defective Work. Rejecting..... ........ ................ 9.6 Definitions .............................................. I Delivery of Bonds ..................................... 2.1 Detennination for U nit Prices ........................ 9.10 Disputes. Decisions by Engineer... .............. 9.11-9.12 , Documents. Copies of ................................. 2.2 Documents. Record ...................................6.19 Documents. Reuse ................... ',' .. .. .. .. .. . .. .. 3.6 Drawings--definition of :...................; .'........... I Easements ............................................ 4.1 Effective date of Agreement-<iefinition of.... .. ....... .. 1 Emergencies ......................................... 6.22 Engineer-definition of .........................:........ I Engineer's Decisions ....... .'...... .............. 9.10-9.12 . Engineer's-Notice Work is Acceptable............. 14.13 Engineer's Recommendation of Payment ...... 14.4. 14.13 . Engineer's Responsibilities, Limitations on ................. 6.6,9.11,9.13-9.16,18.2 Engineer's Status During Construction-in general ...... 9 Equipment. Labor. Materials and.................. 6.3-6.6 Equivalent Materials and Equipment ........,......... 6.7 Explorations of physical conditions ................... 4.2 Fee. Comractor's-Costs Plus.........:.............. 11.6 Field Order-definition of ............................... 1 Field Order""':issued by Engineer .....,.......... 3.5.1.9.5 Final Application for Payment....................... 14.12 Final Inspection ..................................... 14.11 Final Payment and ACCeptance ....................... 14.13 Final Payment. Recommendation of ........... 14./3-14.14 General Provisions .............................. 17.3-1 i.4 General Requirements--definition of. ................. . .. I General Requirements-principal ' . references to ................. 2.6.4.4.6.4.6.6-6.7.6.23 .4 I I Giving Notice........................................ 17.1 Guarantee of Work-'-by Contractor................... 13.1 "::1, Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.30-6,32. 7.5 Inspection. Final .............................,...... 14.11 Inspection, Tests and.. .. . ...... .. .. .. ..... ... " , . ; '" 13.3 Insurance, ~onds 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 Insurance. Property .............................. 5.6-5.13 Insurance-Waiver of Rights ...............:......... 5.11 , Intent of Contract Dpcuments ................... 3.3,9.14 Interpretations and Claritications ...................... 9.4 Investigations of physical conditions. . . . . . . . . . . . . . . . . .. 4.1 I I I I' J. Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations-definition of . . . . . . . . . . . . . . . . . . . .. I Laws and Regulations-general . . . . . . . . . . . . . . . . . . . . . .. 6.14 Liability Insurance-Contractor's ..................... 5.3 Liability Insurance-Owner's ......................... 5.5 Liens-detinitions of ................................ 14.2 Limitations on Engineer's Responsibilities ..............;...... 6.6.9.11. 9.13-9.16 1- Materials and equipment~fumished by Contractor .... 6.3 Materials and equipment-not incorporated in Work .............................. 14.2 Materials or equipment-equivalent ................... 6.7 Miscellaneous Provisions................... ............ 17 Multi-prime contracts ......:........................ . . .. 7 I' I. Notice, Giving of . ..................................... 17.1- Notice of Acceptability of Project ................... 14.13 Notice of A ward-definition of .......................... 1 Notice to Proceed-definition of ................ .. . . .. ... I Notice to Proceed-giving of .......................... 2.3 I I "Or-Equal" Items.... ............. .'................... 6. i Other contractors .................,..................... i Other work . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-. . . .. i Overtime Work-prohibition of . .... ................... 6.3 Owner-definition of .................................:.. 1 Owner May Correct Defective Work,.........:...... 13.14 Owner May Stop Work. . .............. ......... .. . .. 13.10 Owner .\iay Suspend Work. Tenninate .......... 15.1-15A Owner's Duty to Execute Change Orders ............. 11.8 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' '1' ,I I I Partial Utilization ......................;........... 14.10 Partial Utilization-dellnition of ......................... 1 Partial Utilization-Property Insurance................ 5.15 Patent Fees and Royalties ............................ 6.1 ~ Payments. Recommendation of ........... 14.4-14. i. 14.13 Payments to Contractor-in general .......,..........,. 14 I I Payments to Contractor-when due ........... 14.4, 14.13 Payments to Contractor-withholding ................ 14.7 Perfonnance and other Bonds ..................... 5.1-5.2 Permits ..... . . . . . . . . . . . . . . . . . . . ',' . . . . . . . . . . . . . . . . . . . .. 6.13 Physical Conditions ................................... 4.2 Physical Conditions-Engineer's review ............. 4(2.4 Physical ConditionS-existing structures.. . .. . . .. .. " 4.2.2 Physical CondHion~xplorations and reportS. .. .. .. 4.2.1 Physical Conditions-possible document change. . . .. 4.2.5 Physical Conditions-price and time adjustments .... 4.1.5 Physical Conditio,n~report of differing ............. 4.2.3 Physical Conditions-Underground Facilities..;....... 4.3 Preconstruction Conference ........................... 2.8 Preliminary'Matters ..................................... 2 Premises, Use of ................ .._.............. 6.16-6.18 Price, Change of Contract.............................. II Price-Contract-detinition 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 Proje'ct-detinition of ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I Project Representation-provision for ................. 9.3 Project Representative. Resident-detinition of ....... '. .. I Project. Starting the :.................................. 2,4 Property Insurance..............................; 5.6-5.13 Property Insurance-Partial Utilization ............... 5.15 Property Insurance-Receipt and Application of Proceeds ................................... 5.12-5.13 Protection, Safety and ........................... 6.20-6.21 Punch list ........................................... 14.11 Recommendation of Payment.................. 14.4, 14.13 Record Documents.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.19 Reference Points ...................................... 4.4 Regulations. Laws and ............................... 6.14 Rejecting Defective Work ...:......................... 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not Exctusi-.:e ,............................ 17.4 Removal or Correction of Defective Work ........... 13.11 Resident Project Representative~etinition of ........... I Resident Project Representative-provision for........ 9.3 Responsibilities. Contractor's-in general ............... 6 Responsibilities, Engineer's-in general ................. 9 Responsibilities. Owner's-in gen~ral .......... .......... 8 Retainage ..,......................................... 14.2 Reuse of Documents .................................. 3.5 Rights of Way ..........-............................... '4.1 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 ...................... 2.6.2.8-2.9. 14.1 Schedules. Finalizing. .... .. .. ...... ...... .. ...... ..... ,2.9 Sh.op Drawings and Samples. .............,...... 6.23-6.28 Shop Drawings-Jetinition of . . . . . . . . . . . . . . . . . . . .. .. . . . .; I Shop,Drawings. use to approve , ,substitutions.....,................................ 6.7.3 5 I I Site, Visits to-by Engineer ........................... 9.2 Specifications-definition of ..........,.................. 1 Starting ConstrUction, Before.. . . . . . ... . . . . .. . . . . .. 2.5-2.8 Starting the Project ........;.......................,... 2.4 Stopping Work-by Contractor....................... 15.5 Stopping Work-by Owner.......................... 13.10 Subcontractor--<ielinition of ............................. 1 Subcontractors-in general ....................... 6.8-6.11 Subcontracts-required prOvisions ............ -5.11.1, 6.11 11.4.3' Substantial Completion-certification of .............. 14.8 Substantial Completion-definition of . . . . . . . . . . . . . . . . . . .. 1 , Substitute or ..Or-Equal"Items....................... 6.7 Subsurface Conditions.. . . . . . . . ., .. . . . . .. . . . . . . . . .. 4.2-4.3 Supplemental costs ...............................:. 11.4.5 Supplementary Condition5-(jefinition 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Supplier-principal references to ... 3.6.6.5. 6.7-6.9, 6.20, 6.24.9.13.9.16.11.8,13.4, 14.12 Surety-cOnSerH to payment... .. ., ........... 14.12~ 14.14 Surety-Engineer has no duty to ...........:;........ 9.13 Surety-notice to .. ... .. " .. '" .. .. .. . .. ... 10.1, 10.5. 15.2 Surety-qualification of ........................... 5.1-5.2 Suspending Work. by Owner ..................,...... 15. r Suspension of Work and Tenninatio~in general....... 15 Superintendent-Contractor's '...........;............. 6.2 Supervision and Superintendence.................. 6..1-6.2 I I I I I I ,I 'I I Taxes-Payment by Contractor....................... 6.15 Termination-by Contractor.......................... 15.5 , Termination-by Owner.. ..;.. .. ................ 15.2-15.4 Termination. Suspension of Work and:""'in general ...... 15 Tests and Inspections ........................... 13.3-13.7 Time. Change of Contract .............................. 12 I I J .1 I I I I Time. Computation of ................................ 17.2 Time. Contract-delinition of ......... ...... ............. I Uncovering Work .....................:......... 13.8-13.9 Underground Facilities-definition 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 Unit Price Work-definition of .......................... 1 Unit Price Work-general............ ..... 11.9. 14.1, 14.5 Unit Prices......................................... 11.3.1 Unit Prices, Determinations for....................... 9.10 Use of Premises......................:.......... 6.16-6.18 Utility owners .......................... 6.13,6.20. 7.2-7.3 Values. Schedule of ........................... 2.6.2.9. 14.1 - Variations in Work-Authorized............ 6.25. 6.27. 9.5 Visits to Site-by Engineer ........................,... 9.2 Waiver of C1aims-on Final Payment ................ 14.16, Waiver of Rights by insured parties .. ~ . . . . . . . . .. 5.10. 6.11 Warranty and Guarantee-by Contractor ....:........ 13.1 Warranty of Title, Contractor's ........,.............. 14.3 Work. Access, to ..................................... 13.2 Work-by others ........................................ 7 Work Continuing During Disputes.................... 6.29 Work. Cost of ................................... 11.4-11.5 Work--<lefinition of .................. ~............ .. .... 1 Work Directive Change-definition of ................... 1 Work Directive Change-principal , references to ...................... ~..... 3.4.3, 10.1-10.2 Work. Neglected by Contractor ..................... 13.14 Work, Stopping by Contractor,....................... 15.5 Work. Stopping by Owner...................;... 15.1-15.4 Written Amendment-delinition of ...................... 1 Written Amendment-principal references to ..................... 3.4.1, 10.1,11.2, 12.1 6 I I GENERAL CONDITIONS I ARTICLE I-DEFINITIONS I Wherever used in these General Cont.litions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural . thereof: I Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the bidding documents or the Contract Documents. I Agreemem- The written agreement between OWN ER ~!ld CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein, I Applicariol1 for Pa."l/Iem- The form accepted by ENG I- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents. I I Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. I BOllds-Bid. performance and payment bonds and other instruments of security, I Change Order-A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition. deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time. issued on or after the Effective Date of the Agreement. . "1 Cantmcr Dommenrs- The Agreement. Addenda (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 morespe- cifically identified in the Agreement, together with all amend- ments. modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 llO or after the Effective Date of the Agreement. I I I I CVlltrllct Price-The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work)" I Contl'l/Cf Til/ll'- The number of days (computed as provided in paragraph 17.::!) or the date stated in the Agreement for the completion of the Work. ' I CONTRA.CTOR- The person. firm or corporation with whllm OWNER has entered into the Agreement. I defecril'e-An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. or does not conform to the Contract Documents. or does not meet the requirements of any inspection. reference standard. test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.101. Drall'ings- The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. Effectil'e Date of tlie ARreemenr- The date indicated in the Agreement on which it becomes effective. but ifno 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 delive~. E,VGI N EER- The person. fir'm or corporation named as such in the Agreement. Field Order~A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requiremenrs-Sections of Division I of the Speci- fications. Lall's and Regularivns: Lall's or Regulations-Laws. rules. regulations. ordinances. codes and/or orders. Notice of .-Ix a rd- The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified. OWNER will sign and deliver the Agreement. Notice to Proceed-A written notice given by OWNER to, CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall stan to ~erform CONTRAC- TOR'S obligations under the Contract Documents. OWNER-The public body or authority. corporation. asso- ciation. firm or person with whom CONTRACTOR has entered into the Agreement ;lnd for whom the Work is to be provided. Partial Utili:;arioll-Placing a portion of the Work in service for the purpose for which il is intended (or a relaled purpose) before reaching Substantial Completion for all the Work. Prvject- The total construction of which the Work to be provided under the Contr;lct'Documents may be the whole. or a'part as indicated elsewhere in the Contract Documents. Resident Prc~;e('/ Rcpre.H'llflltil'e- The authorized represen- tative of E~GINEER who 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 or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures. standard schedules; perfor- mance charts" 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 ,I Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment. construction systems. smndards and workman- ship as applied to the Work and certain administrative details applicable thereto. I Subcontractor-An individual. firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. I I Substantial Completion-The Work (or a specified part thereoO has progressed to the point where, in the opinion' of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete. in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, w~en 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 Supplementary Conditions-The part of the Contract Docu- ments which amends or supplements these General Condi- tions. I Supplier-A manufacturer. fabricator. supplier. distributor. materialman or vendor: I Underground Facilities-All pipelines. conduits. ducts. Cables. wires. manholes. vaults. tanks, tunnels or other such facilities or attachments. and any encasements containing such facil- ities which have been installed underground. to furnish any of the following services or materials: electricity. gases. steam, liquid petroleum products. telephone or other communica- tions. cable television, sewage and drainage removal. traffic or other control systems or water. I I Unit Price Work-Work to be paid for on the basis of unit prices. I Work-The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- forming services, furnishing labor and furnishing and incor- porating materials and equi~ment into the construction.' all as required by the Contract Documents. I I Work Directive Change-A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, I ordering an addition. deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect. if ' any, on .the Contract Price or Contract Time' as provided in paragraph 10.2. Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or. after the Effective Date,of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MAITERS Delivery 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 Documenls: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work: Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Ti17J.e:Notice to Proceed: 2.3. The Contract Time will commence to run' on the thirtieth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement. whichever date is earlier. Starting the Project: :!.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 Starting Construction: :!.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown 8 I .1 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 thereofor should reasonably have known thereof. 'I I I 2.6. Within ten days afterthe Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for" review: I I 2.6.1. an estimated progress schedule indicating the starting' and completion dates of the various stages of the Work: I 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and I 2.6.3. a preliminary schedule of values for"all of the , Work which will include quantities and prices of items ,aggregating the Contract Price and will subdivide the Work into component 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 \\lill be con-" firmed in writing by CONTRACTOR at the time of sub- mission. I I 2.7. Before any Work at the site is started.CONTRAC- TOR shall deliver to OWNER. with a copy to ENGINEER. certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4. and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR). which OWNER is required to purchase and maintain in accordance with paragraphs5.6 and 5.7. 'I I I Preconstructiofl Conference: - 2.8. Within twenty days after the Effective Date of the Agreement. but before CONTRACTOR starts the Work at the site. a conference attended -by CONTRACTOR.ENGI- NEER and lHhers as appropriate will be held to discuss the schedules referred to in paragraph 2.6. to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment. and to establish il working understanding among the parties as to the Work. I I I. Finali:.ing Schedules: 2.9. :\t least ten days before submission of the tlrst Appli- cation for Payment a conference attended by CONTR.-\C- TOR. ENG l~ EER and others as appropriate will be held [0 finalize the ~.:hedules submitted in accordance \\'ith para- I I graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- c~ssing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE I ment: 3. I. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for bv one is as binding as if called for by all. The Contract D~cuments' 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 thereot) to be con- striJcted in accordance with the Contract Documents. Any Work. materials or equipmen~ that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association. or to the Laws or Regulations of any governmental authority. whether such reference be specific or by implication. shall mean the latest st~ndard specification. manual. code or Laws or Regulations in effect at the time of opening of Bids lor. on , the Effective Date of the Agreement if there were no Bids!. except as may be otherwise specifically stated. However. no provision of any referenced standard specification. manual or code (whether or not specifically inco'rporated 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 f~rth in the Contract Documents. nor shall it be effective to "ssign to ENGINEER. 'or any of ENGI- NEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi: bility contrary to the provisions of paragraph 9.15 or 9.16. . Clarifications and interpretations of the Contract Documents ..hall be issued by ENGINEER.as provided in paragraph 9.4, 3.3. If. during [he performance of the Work. CONTRAC- TOR finds a conttict. error or discrepancy in the' Contract .Documents. CONTRACTOR shall so report to ENGINEER in writing at once and befo'rc proceeding with the Work atYected thereby shall obt:iin a written interpretalion'or claritlcation ' 9 I I from ENGINEER: however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict. error or disc;repancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. ' I I. Amending and SuppkmentingC~ntract Documents: 3.4. The Contract Documents may be amended to pro- vide for additions, deletions and revisions in the Work or to modify the terms and 'conditions thereof in one' or more of the following ways: I I 3.4.1. a formal Wricten Amendment, 3.4.2. a Change Order (pursuant to paragraph 10.4), I or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). I As indicated in paragraphs I 1.2 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 following ways: I 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 written interpretation or clarifi- cation (pursuant to paragraph 9.4). I Reuse 0/ Documents:' 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur~ n~shing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings. Specifications or other docu- ments (or copies of any thereof) prepared by or bearing the 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 I I ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS I A llailabilily of Lilnds: 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 designa'ted for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands. rights-of-way or ease- ments entitles CONTRACTOR to an extension of the Con- tract Time. CONTRACTOR may make a claim therefor as provided in 'Article 12. CONTRACTOR shall.provide for all ' additional lands ~nd access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reporrs: 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 purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that, have been utiliied by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6. CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC- TORis 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. reflected 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 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or- difference. 10 I I I I I I I I I I' I I I I I I I I I 4.2.4. ENGINEER's Rel'il!1\': ENGINEER will promptly review the pertinent conditions. determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWN ER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. 4.2.5. Possihle DOCl/ment Change: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required. a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. Possihle Price and Time Adjusfmellfs: In each such case. an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereof. will be allowable to the extent that they are altributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof. a claim may be made therefor as provided in Articles j I and 12. Physi~aJ Conditions-L'llderground Facilities: 4.3.1. Sholl'n or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or 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: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. .U.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data: for locating all Underground Facilities shown or indicated in the Contract Documents. for coordina- tion of the Work with the owners of such Underground Facilities during construction. for the safety and' pro-' tection thereof as provided in paragraph 6,20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Sho1\'n or Indict/ted. If an .underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract' Documents and which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall. promptly after becoming aware thereof and before performing any Wllrk affected thereby (except in an emer- gency as permitted by paragraph 6.221. identify the owner of such U mJerground Facility and give wrilten notice thereof to that owner and tll OWNER and ENGINEER. ENGI- NEER will promptlv review the Underground Facility to determine the extent to which the Contract Documents should be modified'to reflect and document the conse- quences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- traq Price or an extension of the Contract Time. or both. to the extent that they are allributable to the existence 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 ther,efor as provided in Articles II an~ 12. Reference Points: 4.4. 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 General Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall'remain in effect at least until one year after the date when final payment becomes due. except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR.shall also furnish such other Bonds as are required by the Supplementary Condi- tions. 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 the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5,2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is lerminated in any state where any part of II I I ,I the Project is located or it ceases torneet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter su bstitute another Bond and Surety. both of which must be acceptable to OWNER. I COnlTacwrs Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive genera! liability and other insurance as is appropriate for theWQrk being performed and furnished and as will provide protection from claims set forth below which may arise'out of or result from CONTRACTOR's pelfor.- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents. whether it is to be performed 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 anyone for whose acts any of them may be liable: I I I I 5.3.1. Claims under workers' or workmen' s compen- sation. disability benefits and other similar employee ben- efit acts: I 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRAC. TOR's employees: 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.~. Claims for damages insured by personal injury liability cov'erage which are sustained lal by any person as a result of an offense directly or indirectly related to the employment of such person by' CONTRACTOR, or (b) by any other person for any other reason: I I 5.3.5. Claims for damages. other than to the Work itself. because of injury to or destruction of tangible prop- erty wherever located. inclUding loss of use resulting therefrom: I 5.3.6. Claims arising out of operation of Laws or Reg- ulationsfor damages because of bodily injury or death of any person or for damage to property: and I 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.. I The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- tary Conditions. or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur- ance so, required to be purchased and maintained lor the certificates or other evidence thereof) shall contain a' provi~ sion or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least I I I thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail. AU such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacingdejecrive 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. Contractual Liability Insurance: 5.~. 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. Owners Littbi1iry Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability i~surance 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. Propeny Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests orOWNER. CONTRACTOR. Subcontractors. ENGINEER and ENGINEER's consultants in the Work. all of whom shall be listed as insureds or additional insured parties. shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft. vandalism and malicious mischief. collapse and water damage, and such other perils as may be provided in the Supplementary Conditions. and shall include damages. 'losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionalsl. If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar propeny insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional propeny insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER AND ENGINEER's consultants in the Work. all of whom shall be listed as insured or additional insured panies. 12 I I I I I I I I I I I I I I I I I I I 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded-will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified maiJand will contain waiver provisions in accordance with paragraph 5.1 r.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the inter~sts of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are providedin the Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub- con.tractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's own expense. - 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance pol- icy. OWNER shall. if possible. include such insurance. and' the cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site. OWNER shall in writing advise CO~TRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGI- NEER. ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favorofOWNER. CONTRACTOR. ENGINEER. ENGI- N EER' s consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have, to the proceeds of insurance held by OWNER as trustee or otherwise pay- able under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that any _ policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils co\'ered thereby. Accordingly. all such policies shall con- tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties mimed as insureds or additional insureds. and if the insurers require separate waiver forms to be signed by ENGINEER or ENGI- NEER's consultant OWN ER will obtain the same. and if such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same. Receipt and Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWN ER as trustee for the insureds. as their interests may appear. subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received. and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced. the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after'the occurrence of loss to OWNER's exercise of this power. If such objection be made. OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall. upon the, occurrence of an insured loss. give bond for the proper per- formance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reqt;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 of delivery of such certificates to OWNER in accordance with paragraph :'.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their no~ complying with the Contract Documents. CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CON- , TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial Utili:.ation-Properry Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Comple- tion of all the Work. such use or occupancy may be accom- plished in <Iccordance with paragraph 14.10: provided that no 13 I I I such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur- ance shall consent by 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 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES I Supervision and Superintendence: 6. L CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc. uments. CONTRACTOR shall be solely responsible for the - means., methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. I I I I 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at, the site and shall have authority to act on behalf of CON- TRACTOR. AH communications given to the superintendent shall be as binding as if given to CONTRACTOR. I I I Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent. suitably qualified personnel to survey and layout the Work and per- form construction as required by the ,Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto. and except as otherwise indicated in the C'ontract Documents, all Work at the site shall be performed during regular working hours. and CONTRACTOR will not permit overtime work or the performance of Work on. Sat- urday. Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. I I I I 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shaH furnish and assume full respon- sibility for all materials. equipment. labor, transportation, construction ~quipment and' machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities. temporary facilities and all other facilities and incidentals- necessary for the furnishing, performance. testing, start-up and, completion of the Work. 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. cJeaned'and conditioned in accordance with the instructions of the- applicable Supplier except as otherwise provided in the Contract Documents; but no pro- vision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER's consultants. agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or author- ity to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjust- ments in the progress schedule to refled the impact thereon of new developments; these win conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. SubstiJutes or "Or-Equal" 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 permitted. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to dete~ine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make wiit- ten application to ENGINEER for acceptance thereof. certifying that the proposed substitute will perform ade- quately the functions and achieve the results called for by the general design. be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state - that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time. whether or not acceptance of the substitute for use in the Work will. require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work onthe Project) to adapt the design to the proposed substitu~e and whether or not incorporation or use,of the substitute in connection with th~ Work is subject to payment of any license fee or 14 I I I I I I I I I I I I I I I I I I I royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance. repair and replacement service will be indi- cated. The application will also contain an itemized 'esti- mate of all costs that will result directly or indirectly from acceptance of such substitute. including costs of-redesign and claims of other contractors affected by the resulting change. all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about th~ proposed substitute. 6.7.2. If a specific means. method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. sequence. technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7. I as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. 6.7.3. ENGINEER will be allowed a reasonable time within which to eyaluate each proposed substitute. ENGI-. NE;ER will be the sole judge of acceptability. and no substitute will be ordered. installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by, either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating 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 reimburs~ OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. Conceming Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor. Supplier or other person or organization (including those acceptable ta OWNER and ENGINEER as indi- cated in paragraph 6.8.2). whether initially or as a substi- tute. against whom OWNER or ENGINEER may ha\e reasonable abjection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier'or other person l'r organization [0' furnish or perform any of the Work against whom CONTRACTOR has reasonable objectilln. 6./l.2. If the Supplementary Conditions require the identity of certain Subcontractors. Suppliers llr other per- sons or organizations I including those who are to furnish the principal items of materials and equipment) ta be sub- mitted to OWN ER in advance of the specified Jate prillr to the Effective Date of the Agreement for ac\:~ptance b\' OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance (either in writing or by failing to make written objec- tionthereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR shall submit an acceptable substitute. the Contract Price wilJ 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 otherperson or organization shall constitute a waiver of any right of OWNER or ENGI- NEER to reject Jefec/iI'e.Work. 6.9. CONTRACTOR shall be fullyres'ponsible to OWNER and ENG INEER 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 Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. . 6.11. All 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. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- iciesissued pursuant to pamgraphs 5.6 and 5.7. . Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees arid roy- alties and assume all costs incident to the use in the perfor- mance of the Work or the incorporation in the Work of any invention. design. process. product or device which is the subject of patent rights or copyrights held hy others. If a particular invention. design. process. product or device is specified in the Contract Documents for use in the perfor- mance of the Work and if III the actual knowledge of OWN ER 15 I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty. to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims. damages. losses and expenses (including attorneys' fees and court and arbitration costs) arising oLit of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention. design. process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged ' infringement of such rights. ,I I I I I Permits: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary. in obtaining such permits 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- TMCTOR shall pay all charges of utility owners for con- nections to the Work. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. ' I I I I Laws and Regu//Jlions: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regul!1tions applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. I I 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER, prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing' or having reason to know that it is contrary to such Laws or R'egulations, 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 I Taxes: 6.15. CONTRACTOR shall pay all sales. consumer. use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the I place of the Project which are applicable during the perfor- mance of the Work. Use of Premises: 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 la~d and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights- of-way. permits and easements. and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contig- uous thereto. resulting from the performance of the Work. 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 attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the , fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER hannless 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 performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials. rubbish and debris from and about the premises as well as all tools. appliances, construction equip- ment and machinery. and surplus materials. and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for 3lteration 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 Documems: ,6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications, Addenda, Written Amendments. Change Orders. Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during con- struction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon com- 16 I I pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER. I ,- Safety and Protection: 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 atfected thereby: I 6.20.2. all the Work and materials and equipment to be incorporated'therein. whether in storage on or ofT the site:and - I 6.10.3. other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. road- ways. structures. utilities and Underground Facilities not designated for removal. relocation or replacement in the course of construction. I CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground - Facilities and utility owners when prosecution of the Work may atfect them. and shall cooperate with them in the pro- tection. removal. relocation and replacement of their prop- erty. All damage. injury or loss to any property referred, ro in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly. in whole or in part. by CONTRACTOR. any Subcontractor. Supplier or any other person or organization directly or indi- rectly emptoyed by any of them to pert'orm orfurnish any of the \V ork 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- rectly. in whole or in part. to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall cllntinue until such time as all the Work is completed and ENGI:'-IEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection-with Substan- tial Completion), I I I I I 'I I I 6.1 J. CONTRACTOR shall designate a respllOsible rep- resentative at the site whose duty shall be the pre,-ention llf accidents. This person shall be CONTRACTOR's superin- tendent unless otherwise designated in writint-: by CON- TRACTOR to OWNER. I -I Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or authorization from ENGINEER or OWNER. is obligated to act to prevent threatened 'damage. injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the 'Work or variations from the Contract Documents have been caused thereby. IfENGI- NEER determines that a change in the Contract Documents is required because of the action taken in- response to an emergency. a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements. CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para-- graph 2.9), or for other appropriate action if so indicated in the Supplementary Conditions. five copies (unless otherWise specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific written indication that ,CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities. dimen- sions. specified performance and design criteria. materials and similar data to enable ENGINEERto review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work. all samples required by the Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material. S4pplier. pertinent data such as catalog numbers and the use for which intended. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities. dimensions. specified performance cri- teria. installation requirements. materials. catalog num- be'rs and similar data with respect thereto and reviewed or coordinated each Shop Drawing or Sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time llf each submission. CONTRAC- TOR shall give ENGIN EER specific wrjuen notice of each variation that the Shop Drawings or samples may have from the requirements llf the Contract Documents. and. in addition. shall cause a specific notation III be made on 17 - "\.r 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 allention in writing to revisions other than the correctio'ns called for by ENGINEER on previous submittals. ' I I I I I 6.27. ,ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibiHty 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 6.25.1 and ENGINEER has given written approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.15.1. ' I I I I ,6.28. Where a Shop Drawing or sample is required by the SpecificaCions, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. I I Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress sc::hedule 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 ruhmnification: 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 of 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 part by any negligent act or omission of CONTRACTOR. any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultants, agents' or employees. by any employee of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them maybe 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 Re/iued Work al Sue: 7.1. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, 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 parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles II and 12. 7.1. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OwNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to thi: site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work. and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting. fining and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CON- 18 I I I I I I I I I I I I I I I I I I I TRACTOR shall not endanger any work of others by cutting. e:<cava[ing or otherwise altering their work and will only cut or alter their work with the written consent.of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7,3. If any part of CONTRACTOR's Work depends for proper execution or resulis upon the work of any such other contractor or utility owner for 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 fit and proper for integra- tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER .contracts with others for the perfor- mance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any ,authority or responsibility in respect of such coordination. ARTICLE S-:-OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. \vhose sta~ tus under the Contract Documents shall be that of [he former ENGINEER: Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required orOWNER ' under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering survevs to establish reference .points are set forth in paragraphs 4. i and 4.4. Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies ofreporrs of explorations and tests of subsuli'ace conditions at the site and in existing strllc- tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph IDA. 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 I :i.!. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. ENGINEER will be OWNER's representativedur- 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. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed' Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work, Project Representation: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The ,duties. responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties. responsibilities and limitations of authority of such l)ther person will be as provided in the Supplementary Conditions. 19 I I Clmijications and I nurpreUllions: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification 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, CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. ' I I 1 I Authorized YarJJJUJns in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent' with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER. and also on CONTRACTOR who shall p~tform 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. I I I I 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 or testing - of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. I I Shop Drawings, Change Orders and Payments: . 9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive. ' I I 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Articles 10. 11 and 12. I 9.9. In connection with ENGINEER's responsibilities in' respect of Applications for Payment, etc., see Article 14. ,I DetermilUllions forU nit Prit:es: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work petformed by CON- TRACTOR. ENGINEER wi1l 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 written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless. within ten days after the date of any such decision, either OWNER or CON- TRACTOR delivers to the other party to the Agreement and I I I. to ENGINEER written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents .pertaining to the petformance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other pany to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other pany within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the c1aim~ 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as. provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other matter. Limiuuions on ENGINEER's Responsibilities: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shaJIgive rise to any duty or responsibility of ENGINEER to CONTRA.CTOR, any Sub- contractor, any Supplier, or any other person or organization per:forming any of the Work, or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed". "as approved" or terms of like effect or import are used, or the adjectives "reasonable". "suitable", "acceptable", "proper" or "satisfactory" or adjectives' of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). The use of any such term or adjective shall not be 20 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. I I 9.15. ENGINEER will not be responsible for CON- TRACTOR's means, methods. techniques, sequences or pro- cedures of construction, or the safety precautions and pro- grams incident thereto. and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or furnish the, Work in accordance with the Contract Documents. I 1 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any ~f the Work. I I: ARTICLE I~HANGES IN THE WORK I 10.1. i'ithout 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). I I 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent. if any. of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change. a claim may be made therefor as provided in Article 11 or Article 12. I I 10.3. CONTRACTOR shall not be en tided to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended. modified and supple- mented as provided in paragraphs 3.4 and 3.5. except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided iri para- graph 13.9. I I I 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: I 10.4.1. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1. are required because of acceptance of Jefecril'e Work under paragraph 13, I; or correcting d(/ecril'e Work under paragraph 13.14. or are agreed to by the parties: I 10.4.2. changes in the Contract Price or Contract Time which are agreed to by the parties: and 1 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 carryon the Work and adhere to the prog- ress schedule as provided in paragraph 6.29. 10.5. If notice of any change atTecting the general scope of the Work or the provisions of the Contract Documents (including, but not limi'ted to. Contract Price or Contract Time) is required by the provisions of any Bond to be given .to a surety, the giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constiuites the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than 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 supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct. indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered bya Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents. byapplica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through II. 9.3. inclusive l. . 21 "-1 I I 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). I 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs I/.4 and 1/.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7). I Cost of the Work.~ 11.4. The tenn Cost of the Work means the sum of all costs necessarily incurred' and paid by CONTRACTOR in the proper perfonnance ,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: I. I I '11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job c1assifkations agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apponioned on , the basis of their time spent on the Work; Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits. bonuses, sick leave, vacation and hol- iday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of perfonning Work after regular working hours, on Satur- day, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. I I I 1 I . 11.4.2. . Cost of ail materials and equipment furnished and incorporated in the Work. including costs of trans- ponation, and storage thereof. and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments. in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. I I I II A3. Payments made .by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject I I I to the other provisions of the Contract Documents insofar as applicable. .11.4.4. Costs of special consultants (including but not limited to engineers. architects. testing laboratories. sur- veyors, attorneys and accountants) employed for services specifically related to the Work. 1/.4.5. Suppiemental costs including the following: 11.4.5./. The proponion of necessary transpona- tion, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. 11.4.5.2. Cost. including transponation and main- tenance. of all materials. supplies. equipment. machin- ery. appliances, office and temporary facilities at the site and hand tools not owned' by the workers, which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the propeny of CONTRACTOR. 11.4.5.3. Rentals'ofall construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transponation, loading. 'unloading. installation. dismantling and removal thereof~ll in accordance with terms of said rental agreements. The rental ofany such equipment, machin- ery or pans shall cease when the use thereofis no longer necessary for the Work. I I .4.5.4. Sales, consumer, use or similar taxes related to the Work. and for which CONTRACTOR is liable, imposed by Laws and Regulations. , ] 1.4.5.5. Deposits lost for causes other than negli- 'gence of CONTRACTOR, any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable. and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of propeny insurance established by OWNER in accordance with paragraph 5.9), pro- vided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee. If. however, any such, loss or damage 22 I I 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 fee propurtionate to that stated in paragraph 11.6:2. 11.4.5.7. The cost of utilities. fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams. long distance telephone calls. telephone service at the site. expressage and similar petty cash,items in connection with the Wurk. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: , ! 1.5.1. Payroll costs and other compensation of CON- TRACTOR's officers. executives. principals (of partner- , ship and sole proprietorships!. general managers. engi- neers. architects. estimators. attorneys. auditors. accoun- tants. purchasing and contracting agents. expedito~s. timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR ~ s principal or a branch office for general administra- , tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4.1 or specifically covered by paragraph] 1.4.4- all of which are to be considered administrative costs covered by the. CONTRACTOR's Fee. 11.5.2. Expenses 0f CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. '.-\ny part ofCONTRACTOR's capital expenses. including interest 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 (except for the cost of premiums covered by sub- paragraph 11,4.5.9 abov,e). 11.5.5. Costs due to the negligence 'ofCONTRAC- TOR. any Subcontra..:tor, ur anyone directly or indirectly employed by any of l~~m or for whose acts any of them may be liable, !l1..:!o.iding but not limited to. the correction of de,f('< I;" '.''-ork, Jisposal l,f materials or equipment wrongly SUr ~""...: .,.,aking good any damage to prop- erty. 11.5.6. Other overhead or general expense costs l)f any kind tlOd the costs of any item not specifically and expressly induded in paragraph 11.4. 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. I 1-.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 1104.1 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 Fave percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee. the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. I) .4.5 and 11.5: I) .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 all 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. 11.7.. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or [1.5. CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTR.-\CTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable 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- ered at the site. and all applicable laxes: and 11.8.2. CONTRACTOR's costs for unloading and handling on the site. lahor. installation costs. overhead. profit and other expenscscontemplated for the allowances have been included in the Contract Price and not in the 23 I I <' I allowances. No demand for additional payment on account of any thereof will be valid. I Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual , amounts due CONTRACTOR on account of Work covered by al_lowances, and the Contract Price shall be correspond. ingly adjusted. I I Unu Price Work: 11.9.1. Where the Contract Documents provide that all or part" of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of U nit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are-solely.for the purpose of comparison of Bids and determining an initial Contract Price. Dete-rminations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. I I I 11.9.2. Each unit price will be deemed to i~clude an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR' s overhead and profit for each sep- arately identified item. I I 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in'the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con. tract Price in accordance with Article II if the parties are unable to agree as to the amount of any such increase. I I I ARTICLE 12-CHANGE OF CONTRACT TIME I 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party 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 c<xtent 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 I I I~ I shall be determined by ENGINEER in accordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will b~ extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include. but not be limited to, acts or neglect by OWNER or others performing additional work as contemplated by Article 7, or to fires. floods, labor disputes, epidemics. abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE 13-W ARRANTY AND GUARANTEE;' TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warnuuy and GlUUYUIlee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor.' dance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work, whether or not in place. may be rejected. corrected or accepted as provided in this Article 13. Access to Work: 13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER. testing agencies and gov. -ernmental age~cies with jurisdictional interests will have access to the Work at reasonable times fortheir 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 thereof) to specifically be inspected, tested or approved. CONTRACTO'R 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 I I 11 .1 I' I. I ,I I I I I .1 'I, I I I I I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereof for incorporation in the Work. The cosl of all inspections. tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified!. 13.5. All inspections. tests or approvals other than those required by Laws or Regulations of any public body having' jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by. ENGI;-';EER ifso, specified). 13.6. If any Work (including the work of others) that is to be inspected. tested or approved is covered without written concurrence of ENGINEER. it must: if requested by ENGI- NEER. be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTR.-\CTORhas 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 CONTRACTOR's obligations to perfoml the Work in accordance with the Contract Documents. ' Uncovering Work: 13.8. Ifany Work is covered contrary to ihe written request of ENGINEER. it must. if requested by ENGI~EER. be uncovered ror ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR. atENGINEER's request. shall uncover. expose or otherwise make available for observation. inspection ~r testing as ENGI:SEER mal' require. that portion of the Work in question. furnishing ail necessary labor. material and equipment. If it is found that such Work is defl!('til't,. CONTRACTOR shall ,bear all direct. indirect and consequential costs of such uncovering. expo- sure. observation. inspection and testing and of satisfactory reconstruction. (including but not limited to fees and charges of engineers. architects. ~ttorneys and other professionals!. and OWN ER ,shall be entitled to an appropriate decrease in the Contract Price. and. if the parties an: unable t,) agree as to the amount thereof. may make a claim therefor ~b pr~vided , in Article II, If. h011 t:\'er. such \VLlrk is not f,)und to be de.!('ct;n'. CO:\TR.-\CTOR shall be allowed an increase in the C0ntract PriLl. .1' ..il c\,cnsi0n of the Contract Time. l1r both. directly atlrioutablc III such uncovaing. cxposure. observation. inspection. testing and reconstructi,'n: and. if the parties are unable to agree as to the amount l)r extent thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. Owner May Stop the Work: 13.10. If the Work is defecrive. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment. or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR to SlOp the Work. or any portion thereof. until the cause for such order has been eliminated; however.. this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.1 I. Ifrequired by ENGINEER. CONTRACTOR shall promptly. as directed. either correct all defecrive 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. CO.NTRACTOR shall bear all direct. indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers. architects. attorneys and other profes- sionals) made necessary thereby. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- , cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defecth'e. CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions. either correct such defecrh'e Work. or. ifit has been rejected by OWNER. remove it from the site and replace it with IIondefectil'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'l! 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. attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction , period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of Defective Work: 13.13. If. instead of requiring correction or removal and' replacement of dL~fi!('lh'f! Work. OWNER (and. prior to ENGINEER's recommendation .01' final payment. also ENGINEER) prefers to accept it. OWNER may do so. CON- TRACTOR shall bear all direct. indirect and consequential 25 I I I costs attributable to OWNER's evaluation of and determi- nation to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges,of engineers, architects, attor- neys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of tinal payment, a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an 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. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER, I 'I' I I OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11. or if CONTRACTOR fails to perform the Work' in accordance' with the Contract Documents, or if CON- TRACTOR fails to comply with any other provision of the 'Contract Documents, OWNER may, after seven days' writ- ten notice to CONTRACTOR. correct and remedy any such, deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CON- TRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTQR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's represen- tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropri.ate 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 defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- ' formance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ,I I I I I .1 I' I 1\ I I I ARTICLE 14-PA YMENTS TO CONTRACTOR AND COMPLETION Schedule of Yalues: 14.1. The schedule of values established as provided in paragraph 2,9 will serve as the basis for progress payments and will be incorporated into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Paymem: 14.2. At least twerity 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 n,ot incorporated in the Work but delivered and suitably ,stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OW1':lER has received' the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered, by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be sat- isfactory to OWNER'. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's ~arrrznty of Title: 14.3. CONTRAcTOR ~arrants and guarantees that title to all Work. materials and equipment covered by any Appli- cation for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applictuions for Progress Paymem: 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 sent,ence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a 26 ,I I 'I I 'I 'I I I. I' I ,I I ,I 'I I' I ;1 I .1' representation by ENGINEER to OWNER. based on ENGI- NEER's on-site observations of the Work in progress as an experienced and qualified design professional and on ENGI- N EER' s review of the Application for 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 Olher qualifi- cations stated in the recommendation): and that CONTRAC- TOR is entitled to payment of the' amount recommended. However. by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus- tive or continuous on-site inspections have been. made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there ~ay 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. ENGINEF:R's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set 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 OWN ER. 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 previously recommended. to such extent as may be necessary in ENGINEER's opinion to protect OWNER from -loss because: 14.7.1. the Work is defecri\'e, or completed Work has been damage:1 requiring correction or replacement. 14.7.:!. the,Contract Price has been reduced by Writ- ten Amendment Or Change Order. 14.7.3. OWNER has been required to correct defee- I;"e Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGIN EER because claims have been made against OWNER on account ofCONTRACTOR's per- formance or furnishing of the Work or Liens have been fikd in connection with the Work or there are other items entitling OWNER to a set'off against the amount recommended. but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within. a reasonable time thereafter.,OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status o[completion. If ENGIN EER does not con- sider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work 'substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate oLSubstantial 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 lis!. 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 (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 objection's from OWN ER. At the time of delivery of the tentative certificate of Substantial 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 infQrm ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion. ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion. but OWN ER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utili:.ation: 14.10. Use by OWNER or.lny finished part of the Work. which has specifically been identified in the Contract Do..:u- 27 I I, 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 performance of the remainder of the Work, may be accomplished prior to ~ubstantial Completion of all the Work subject to the follow- Ing: 'I I 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 cenifyto 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 EN GINEER 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 willapply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in ,respect thereof and access , thereto. II I :1 I, I I ,I 14.10.2. OWNER may at any time request CON- TRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it-is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time there- after OWNER. CONTRACTOR and ENGINEER shall make an inspection of that pan of the Work to determine its status of completion and will prepare a'list of the items remaining to be completed or 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 pan of the Work which will' become binding upon OWNER and CON- TR.-'\CTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEER), During such operation and prior to Substantial Completion of such Plirt of the Work. OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to' complete other related Work. I I, I ,I I' I' 'I I 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. F inall nspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. 'ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. . Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor-' rections to the satisfaction of ENGINEER and delivered all maintenance and operating instrUctiQns. schedules. guaran- tees. Bonds, certificates of inspection. marked-up record documents (as provided in paragraph 6:19) and other docu- ment~all as required by the Contract Documents. and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16). CONTRACTOR may make application for final payment following the pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full: an affidavit of CON- TRACTOR that the releases and receipts include all labor. services. material and equipment for which a Lie!1 could be filed. and that all payrolls, material and equipment bills. and other indebtedness connected with the Work for which OWNERorOWNER's propeny might in any way be respon- sible. have been paid or otherwise satisfied: and consent of the surety. if any. to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac. tory to OWNER to indemnify OWNER against any Lien. Fi1Ull Payment and Acceptance: 14.13. If. on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGINEER's review of the final Application for Payment . and accompanying documentation-all as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGI. NEER will, within ten days after receipt of the final Appli- cation for Payment, indicate in writing E'NGINEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. 28 ,I :1 'I Ii 'I :1 I :1, ,I 'I I I \1, I If I I I I Otherwise. ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation. in appropri~ ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability. the amount recommended by ENGIN EER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If. through no fault of CONTRACTOR, final com- pletion of the Work is significantly delaye.d and if ENGI- NEER so confirms, OWNER shall. upon receipt of CON- TRACTOR's final Application'for Payment and recommen- dation of ENGINEER. and without terminating the Agree- , ment, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment. and if Bonds have been furnished as required in para- graph 5. I. the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRA~TOR 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 constitut~ a waiver of claims. 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 ENGIN EER. nor the issuance of a cer~ tificate of Substantial Completion. nor any payment' by OWNER to CONTRACTOR under the Contract Documents. nor any use or occupancy of the Work or any part thereof by OWNER.' nor any act of acceptance by OWNER nor any failure to do 5-0. nor any review and approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13. nor any correction of defecrh'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 (except as provided in paragraph 14.161. ' Waiver of Claims.' I~. 16. The making and acceptance of final payment will constiwte: 1~.16.1. a waiver of all claims by OWNER against CO!'JTRACTOR. except claims arising from unsettled Liens. from de.f('uil'(' Work appearing after tinal inspec- tion pursuant to paragraph 14.11 or from failure to comply with [he Contract DtlCUments or the terms of any special guarantees specified therein: however. it will ntH consti- tute a waiver hy OWNER of any rights in resp..:ct tlf CONTRACTOR's continuing obligations under the Con- tract Documents: and' 14.16.2. , a ,waiver of all claims by CONTRACTOR 'against OWNER other than those previously made in writ- ing and still unsettled. ARTICLE 15-SUSPENSIONOF 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 CONTR.ACTOR makes an approved claim therefor as provided in Articles II and 12. Owner May Terminate.' 15.2. Upon the occurrence of anyone or more of the following eVt:nts: 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 time of filing. or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency,: 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors: 15.2.4. 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 enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's cr.:ditors: 15.2.5. if CONTRACTOR admits in writing an inabil- ity to pay its debts generally as they become due: 15.2.6. if CONTRACTOR persistently fails to perform , the Work in accordance with the Contract Documents 29 I 'I (including, bUlnot limited to. failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere, to the progress schedule established under paragraph 2.9 as revised from time to time): I I, 15.2.7. if CONTRACTOR disregards Laws or Regu~ lations of any public body having jurisdiction: ' ' 'I, I 15.2.8. if CONTRACTOR disregards the authority of ENGINEER: or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments; I I, OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, 'terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the 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, atto~- neys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order. but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. - I I ,I: I !I. I I, I - 15.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneyS due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRAC- TOR and ENGINEER, OWNER may. without cause and without prejudice to any other right or remedy, elect to aban- don the Work and terminate. the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct. indirect and con- sequential costs (including. but not limited to. fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs). , COnl1'actor May Stop Work or Terminau: 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 court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER. terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work 'until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR ofthe obligations under paragraph 6.29 to carry' on the Work in accordance with the progress schedule and witho'ut delay during disputes and disagreements with OWNER. . [The remainder of this page was left blank intentionally.J 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 Superior Court of Richmond County, Georgia, (The remainder of this page was left blank intentionally.) 31 I I I I 'I I, , I (This page was left blank intentionally.) I, I, I I ,I I I I I I' I' I 32 I I ,I, I I I I I, I I ,I Ii I ,I I I I I 'I ARTICLE 17-MISCELLANEO US Giving Notice: 17.1. Whenever any provIsIon of the Contract Docu- ments requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the indi- vidual or, to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail. postage prepaid, to the last business address known to the giver of the notice. Computation of Tiine: 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 s'uch 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. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute'a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omis- sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall 'not be construed as a substitute for or a waiver of the pro- visions of any applicable statute of limitations or repose. 17.4. The duties and obligatio~s imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto. and. in particular but without limitation. the warranties. guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30. 13.1, 13.12. 13.14. 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENqINEER thereunder. are in addition to. and are not to be construed in any way as a limitation of. any rights and remedies available to any or aU of them which are otherwise imposed or available by Laws or Regulations. by special warranty or guarantee or by other provisions of the Contract Documents, and' the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty. .obliga- tion. right and remedy to which they apply. All representa- tions, warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. 33 I I 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 INSuRAt"J"CE: 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 coverage will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY: As i~dicated under Section 53 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 ofliabi1ity 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) i.nsure 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 contiguo'us to the job site ' SC-1 I I I I I I I I I I I. .1 I I .1, I I I, I 1.4 TESTING LABORATORY: All testing and laboratory work In connection therewitfl shall be performed by an independent firm and paid for by the Contractor. Copies of all test reports shall be forwarded to Augusta-Richmond County Public Works. There will be no separate payment for this work. 1.5 SURVEYS: The Contractor will provide surveying for construction staking, horizontal control and vertical control as necessary. ' 1,6 PROGRESS PAYMENT: Section 14.2 of the General Conditions shall be amended as follows: , The Coritractor 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 docwnentation warranting that the Owner is receiving t~e material free and clear of all liens, charges, security interest and other, encumbrances shall be attached to the payment request. 1. 7 ENGINEER: All references to "Engineer" shall be interpreted to mean the Augusta-Richmond County Director of Public Works, or his official designee. . 1.8 UNDERGROUND UTILITIES: (References 4.3, 1.4,3.2) The Contractor shall coordinate with all utility companies through the "One Call" method or other appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the Contractor's work. 1.9 SAFETY: (Reference _6.20) The Contractor shall 'use certified flagmen, barricades and signs as necessary to notify the public, in particular, those persons driving in the vicinity of the project, of the construction and its affect on traffic. SC-2 I I I. ~ I I. I I I I I I.. I I I I I I I I SECTION P PROPOSAL Date: ,Nt A- Y' 9!!:!- 2 ,;)00 " Gentlemen: In compliance with your invitation for bids dated !) I cr , 20 ~ the undersigned hereby proposed t~ furnish all labor, equipment, and materials, and to perform all work for the installation of drainage improvements referred to herein as: Katherine Street Parking Lot In strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached hereto and totaling: -r-j,'~e I-!v"c1".,c! 5;x-/-y ~o --;-I?o</~o.-?d -r"l?ree )-I<.-?..d'"r!C) ;:::;,..r'7 --;::""0 I OJ/,OO DOLLARS ($ 302., 342.. eL ) I The undersigned hereby agrees that, upon written acceptance oftrus 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 125 calendar days. The undersigned acknowledges receipt of the following addenda: No. I (s-/4-!oo) , Respectfully submitted 81_,',- Co..,o;f-rLA..t:.-fiO"". -::Z::~c;.. (Name of Firm) / Po. Bo,L 770 E"v~s 6.4- foBoCf (Busines~ Ad~ress) _~./ -f'i-' BY:(1Q-{o~~R.~ Title: ?1l.6SIl>[3"rt P-l I. I I Katherine Street Parking Lot : :':< >:->:': :.:.: ::::< :-..... .. ....: :->'-: :-:-:.'<::-:.:-:-::-:-:::>>'-:-:::-:::::::-:::-::::::::::: :'::::-:::::::::-::::: :::-::-::::::::'<:>: -:-: ::::::::::::::'::::::.: :::;:::::::::::::::::::>:-:-.... ::lfad~c{ ::<::;::::::~:::<:::>:::::::ti~~tj;{i~i:i~:>::~<::::<<<:~:::;:: <~jT.s:::~ :>::dhi::< ::\:j~iT.~tb~T.~ ;:t6iAl:~bsii< I. 161-1000 EROSION CONTROL 171-0010 TEMP, SILT FENCE "TYPE A" LUMP SUM CONSTRUCTION & DEMO - SEE 230-1000 NOTE 1 LUMP SUM SITE CONSTRUCTION - SEE NOTE 230-1001 2 LUMP SUM DETENTION BASINCONST. - SEE 230-1002 NOTE 3 ,I. I I, I I I I 1 230-1003 310-5060 *402-0133 *402-1802 *402-1811 402-3113 *413-1000 413-1000 441-0017 441-0104 441-4030 441-6012 ,....:.. 550-1150 610-0355 610-2730 652-0110 652-2501 652-2803 1 653-0095 668-2100 700-5000 702-0007 702-0372 702-0675 702-1094 702-7502 LUMP SUM ELECTRICAL CONST. - SEE NOTE 4 GR. AGGR. BASE CRS, 6 INCH, INCL. MAT'L RECYCLED ASPH CONC., 9MM SUPERPAVE, GP 1 OR 2 RECYCLED ASPH PATCHING RECYCLED ASPH LEVELING RECYCLED ASPH CONC 12.5 MM SUPERPAVE. GP 1 OR 2 BITUMINOUS TACK COAT BITUMINOUS TACK COAT DRIVEWAY CONCRETE 71N, THK. CONC, SIDEWALK, 4 IN. CONC. VALLEY GUTTER, 8 IN. CONC CURB & GUTTER, 6 IN X 24 IN., TP 2 22 CONC CURB & GUTTER, 6 IN X 30 IN., TP 2 STORM DRAIN PIPE, 151N, H 1-10 REM. CONC. CURB & GUTTER ALL SIZES REM. CONC. AND ASPHALT PAVING PAVEMENT MARKING ARROW SOLID TRAFFIC STRIPE, 5 IN SOLID TRAFFIC STRIPE. 10 IN THERMOPLASTIC PVMT MARKING, HANDICAP SYMBOL DROP INLET,GP 1 GRASSING (COMPLETE) - 0.5 ACRES ACER BUERGERANUM TRIDENT MAPLE - 3" CAL., 12'-14' ILEX CORNUTA 'NELLIE R STEVENS' - 1" CAL., 5'-6' MYRICA CERIFERA, FAIRFAX - 3 GAL. VIBUMUM SUSPENSUM - 5 GAL. TREE PROTECTION BARRIER, TYPE 2 TOTAL CONTRACT P-2 LS LS LS LS LS LS SY TN TN TN TN GAL GAL SY SY SY LF LF LF LF SY EA LF LF EA EA LS EA EA EA EA LF 1 500 1 6,600 60 60 25 750 50 350 25 230 110 2,252 113 521 325 350 7 5,500 95 17 49 21 1,000 3 ooo~ 3oo",~ 3 ~ I, :roc.) ~ 24t 25"0 ~ 24-/ zS'o ~ 4'~ ~ 4-0 ~ 4~ '14-0 ~ 9897Z'?!! "'/8 97Z ~ / / t:, 7, ODD ~ , S-t::.. 37 ~ 37S3? 4-2. 00 34- 10 z '-'0 z. 00 2. 4- t':9:. /7~ Z4-~ 7li:. i& /(P ~ j'~ 4-~ I~~ o zz- Z.7 0- 1 7 1 5"00 00 I. iOO ~ 3 OC:>C> ~ 2 4--DO ""'~ ~00CD~ 3:>" (04-0 ex;. Z/ZS"O ~ 2,ZS"o ~ I oS" 0 "",0 2;;- 575" ~ ." /oo~ 70v~ fi:>Zo~ 4-, 04-t; ~ 2/ wCf~ ~ Ifp ~?>-L ~ I.~:J 7 ",f; B 33{p o~ I I '3? S"c. I. S'"7S- ~ /0' ~ I Z 10 ~ 2 - 4>~ ~ - ~oc> ~ 7 700 ~ 3 000 pO Boo u..:; 2 04-0 ~ / 4-~ ~ 2,20> ~ I, ooS ~ '3 :>00 "",0 3("l- .34-L 0!.- IZO~ 48~ 3~ 03l16i2000 I (I Katherine Street Parking Lot I NOTE: 1 Lump Sum Construction & Demolition includes but is not limited to: removing existing trees & bushes (including root systems) within project site unless noted to remain, removing existing gravel - 6" thick, removing existing grass. Demo & removing existing retaining wall and footing (as noted), sidewalk, handrail & steps (as noted), removal of manhole to subQrade, pluQQinQ pipe ends, manhole backfill. & demo. & removal ,of existinQ campus siQn. ,I I NOTE: 2 Lump Sum Site Construction includes but is not limited to; project General Conditions, 6" PVC pipe sleeves, new steps and handrails, parking and traffic signage, H.C. signage, junction box over existing pipe, & sit~ grading. I NOTE: 3 Lump Sum Detention Basin Construction includes but is not limited to; excavation & haul-off, sedimentation structure, 24" HDPE Perf. Pipe & Fittings, filter fabric, No.4 stone and backfill. I NOTE: 4 Lump Sum Electrical Construction includes all work indicated on sheets E-O, E-1 and specifications. . I *=Haul Route Restoration Quantities I. I I I I I I I I I I P-3 ,I 03116/2000 I I I I I I I I I I I I I I I I I. I I ./ Hard Surface PubDc Road /" / / N.S.A 'R-2 (1.S--3S) Coarse Aggreoate Geotex1ne Under1lner ~ 20' MInimum ~ p CRUSHED STONE CONSTRUCTION EXIT TO BE USED AS DIRtCTtO BY 'THE EHctNEER WHERE coNSiRucnoH 'JW,Fflc IS EP-lTERlHC ^ PUBUC PAVED ROAD. PA'nAENT' TO BE INCLUDED tH PRI(% BID rOR LUMP S\JU COHS'TRucnoH OR OTHER CON"l1W:T BID rrDlS. ce-/ I I I I I I I I I I I I I I I I I I I KATHERINE STREET PARKING LOT 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 SURF ACE COURSE: The item aggregate surface course is ~or use in inclement weather to facilitate the movement of local traffic al~ng roadway construction and to ,permit ingress and egress at drives. When used for this purpose, Section' 318, Georgia Standard Specifications, is modified to 'permit truck dumping on unprepared and muddy subgrade. Section 318 is further modified to permit the use of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the following materials. Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type 1 or 2 Crushed Stone Subsection 815'.01 Subsection 800.01 Section 803 Subsection 806.02 All materials to be used as directed by the Engineer. AS-BUILT PLANS: The Contractor shall furnish a legible set of "as-built" plans, in good condition, to the Project Inspectoc no later than the date of the Final Inspection. Such plans . , shall have all significant changes marked in red. The Project Inspector shall review the marked plans for accuracy, legibility and completeness. As-built plans, approved by the Project Inspector, must have the Inspector's signature on the cover sheet. . No "as-built" plans will be accepted without the approval of the Project Inspector. COMPACTION: All compaction shall be as defined in the current edition of Georgia Department of Transportation Specifications. : Special attention shall be given' to the backfill of minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.). G-1 .1 I I I I I I I I I I I I I I I I I I Compaction shall be achieved usmg 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 natu~e 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 sh~ll have a minimum of 611 Ibs. Cement per cubic yard. Class "B" concrete shall have a minimum of 470 Ibs. Cement per cubic yard. Concrete not meeting these requirements will be rejected by the Engineer. CONSTRUCTION: 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. 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 Section 160 of the Standard Specifications. The Contractor's attention is directed to subsection 107.23 of the Specifications. All. storm drain pipe, side drain pipe', pipe culvert wingwalls, steps, retaining walls, curbs and gutters, headwalls, all types of pavement, wooden' structures, except those specifically shown as a removal pay item will be removed as Clearing and Grubbing, Grading Complete, Grading Per Mile or Lump Sum Construction. All miscellaneous construction details shall be m accordance with Georgia Standard 9031-H. G-2 I 'I I I I I I I I I I I 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 Johnson- Laschober & Associates @ 706~ 724-5756. CONSTRUCTION SCHEDULE: The Contractor shall prepare a schedule identifying the primary construction activities and/or phases for constructing this project. This, schedule shall be presented at the Pre-Construction Conference. DESIGN ALTERATIONS: The Commission-Council recognizes that various changes in design may be made as the project progresses. Any requests for additional payment will be processed based on actual work in' place and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced separately and no work shall be done on these items until approved, in writing, by the Engineer. ENGINEER: In all contract documents, specifications, supporting documents, etc., the term "ENGINEER" means, and shall be deemed to mean, the Augusta-Richmond ,County Public Works Director or his designated representative. 'EROSION AND SEDIMENT CONTROL: The Contractor shall be responsible for all soil erosion and sediment control practices. All on-site erosion control shall comply with local AugustaRichmond County erosion and sediment .control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. EXCESS MATERIAI,-: 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 pages PPA-1 and PPA-2., 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 G-3 I I I I I I I. I I I I I I I I I I I I dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. FLAGGING: Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions, and as required by the Engineer. All Flaggers shall meet the requirement of part 6F of the MUTCD and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provide certified Flaggers as required above shall be reason for the Engineer suspending work involving the Flagger(s) until the Contractor provides the certified Flagger(s). Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket, and shall use a Stop/slow paddle meeting the requirements of Section 6F-2 of the MUTCD for controlling traffic. The Stop/slow paddle shall have a shaft length of 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, waining ofthe presence of the flagger shall be placed beyond the point where traffic can reasonably be expected to stop urtder the most severe conditions for that day's work. FOUNDATION BACKFILL MATERIAL, TYPE I: Foundation 'Backfili 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 MA TERIAL,TYPE II: Foundation Backfill Material, Type II shall conform to Georgia Standard l030-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. G-4 I I I I I I I I I I I I I I I I I I I GRADES: The design grades shown on the plans are for information only and may be , changed with the approval of the Engineer. The grades do not reflect a balance of earthwork. The cross sections shown are also for information only. 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 andcompacHon in accordance. with the S'pecifications and other contract docurpents. There will be no separate payment for ariy work of this nature including borrow and the removal of unsuitable and/or unstable material. However, the Contractor shall make whatever investigations he deems necessary to determine the extent of any borrow or removal necessary to meet contract requirements. If it develops that removal of unsuitable/unstable materials quantities could not, have been predicted by the contractor from a reasonably thorough investigation of proj ect. 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 .quantit6ies in excess of three (3) 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 ifthe contractor relies on plan information to prepare his bid. All slope areas are to begrasse~ 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. G-5 I. I I I I I I I 'I I I I I I I I I I I 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 requ,ired to accomplish a stand of permanent grass. INFESTATION: The entire project is considered to be within the limits of an insect infested area. The contractor's' attention is called to the following sections of the Standard Specifications: (A) 155 Insect control (B) 893 Miscellaneous Planting Materials. INSPECTIONS: This project will be inspected by the Engineer or his Representative. MISCELLANEOUS DRAINAGE STRUCTURES: All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or special design shall be paid for Per Each. There will be no separate payment for additional depth unless specifically shown as a pay item. , NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., ,with concrete topslabs shall include manhole rings and covers. . PATCHING AND REPAIR OF MINOR DEFECTS: Where necessary, the contractor is required to patch and repair existing potholes, minor pavement defects and base failures in accordance with the Specifications. PAYMENT FOR PIPE CULVERTJ;NSTALLATION: 1. Payment for pipe culvert or utility installation includes sawingandJor 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 mcludes any required Concrete collars (See Georgia Standard 9031-U). 4.' All storm drain and longitudinal pipe shall include a-ring gaskets. G-6 . I I I ,I I I I I I I I I I I I I ,I I I PIPE CULVERTS: Unless otherwise 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. 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. 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 prop~rty through the use oftemporary fence if necessary. No separate payment will be made for this work except when shown as a separate pay item. RIGHT-OF-WAY AND EASEMENTS: The Contractor shall not perform any work outside the limits ofthe 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 G-7 I I I I I I I I I I I I I I I I I I I 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. 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 Corninission-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 Specific~tions, 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 confl~cts arise within these specifications, they will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the Engineer shall control the situation.. This project shall be constructed in accordance with current Georgia Department of Transportation Roadway Standards and Construction Details. The following standards are applicable to this project: G-8 I I I I I I I I ..1 I I I I I I I I I I , STORM DRAIN PIPE: Unless otherwise note, 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 uhtil the Contrac.tor 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: . 1) Name of Subcontracting Firm 2) Description of Work To Be Done 3) Contact Person's Name and 24 Hour Phone Number Copies of all submissions shall be submitted to: Ms. Brenda Byrd-Pelaez Room 211 Municipal Building 530 Greene Street Augusta, Georgia 30911' TESTING OF THE WORK: The Contractor shali 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. 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, G-9 I I I I I I I I I I I I I I I I I I I 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 shan be te~t rolled on six feet centers using a loaded dump truck or other equipment approved by the Engineer. TRAFFIC CONTROL: - The Contractor shall provide coristruction signs in accordance with requirements of "Manual on Uniforril Traffic Control Devices for Streets and Highways", ,current edition w.ith added supplements and special provisions. The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard Specifications regar:ding barricades, danger, warning, and'detour signs. All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction of this project shall meet all requirements of the M.U.T.C.D., current edition, as directed by the Engineer and be furnished by the Contractor with payment in accordance with Section 150. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic on the travelway. This applies to the initial installation and the continuing maintenance and' operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. TRAFFIC CONTROL DEVICES: The Contractor shall provide all temporary traffic control devices needed to safely direct traffic through the construction area. ' All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and Specifications. G-I0 I I I I I I I I I I I I I I I I I I I UTILITIES: The Contractor's attention is directed to the possibility of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light' systems, gas and underground telephone cables that either are obstructions to the execution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature will be handled by the utility owner. THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK , BEGINS: Georgia Power Company Post Office Box 488 . Augusta, Georgia 30904 Telephone (706) 724-0892 Attention: Parker Land Ge9rgia Natural Gas Co Post Office Box 1426 Augusta, ,Georgia 30913 Telephone (706) 722-7791 Bell South 3841 Wrightsboro Road , Augusta, Georgia 30909, Telephone (706) 828-8500 , Attention: Bert Neese ComCast 1424 Monte Sano Avenue Augusta, Georgia 30904 Telephone (706r736-6515 Attention: Kevin O'Meara Augusta Richmond County Utilities 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 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. G-ll I I I I I I I I I I I I I I I I I I I "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 Co?tractor prior to the damage occurring, providing the Engineer ' determines the Contractor has otherwise fully complied with the Specifications. The following utility owners have facilities which may conflict with construction of this project: NAME OF UTILITY OWNER TYPE OF FACILITY Georgia Power Company Georgia Natural Gas Company ComCast 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, omamentallight systems, gas and underground telephone cables that either are obstructions to the execution ofthe work and need to be moved out ofthe way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public. utilities of this nature will be handled by the utility owner. UT,ILITY 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-12 '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 ~dd 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 ~otes. 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 ba.rner protection. Unprotected posts shall meet the breakaway requirements of the "1985 AABHTO Standard Specifications for Structural Supports for Highway Signs, Luminaries and, Traffic Signals", Unprotected post splices will not be permitted any higher than four inch'es above the ground line to lessen the possibility of affecting the undercarriage of a vehicle. . 150,03.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF WARNING FLAGS. , Delete first sentence of second paragraph and substitute: Construction warning signs which are mounted at less than seven feet in height (p'ortable .signs) shall have two 18 inch x'18 inch fluorescent red-orange or orange-red warning flags mounted on each sign. " 7C-/ .1 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 w~n and add: In lane shift areas skip lines are not allowed. Solid lines are required. 150,05 , D, TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type 11 (eleven). ' 150,1 0 PAYMENT: Item N.D. 641 - Delete reference to Type 9 and substitute Type 11 (eleven). SPECIAL PROVISION SECTION 1SQ-:.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 Bamcades, 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 A.cross 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 W20-1sign.s 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 1SO-TRAFFIC CONTROL Rev. June 21, 1994 First Use: July 24, 1994 Rev,: August 16,1994' Modification of the. ,Standard Specifications, Current Editi~n pe!ete Section 150 as written and substitute the following: 150,01 DESCRIPTION: This sectiqn as supplemented by the Plans, Specifications; and MUTCD shall be considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic control devices and shall include flagging and other meaIl$ 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 shilll have priority over all other assigned duties, . A3 the representative of the Contractor, the WTCS shall have full authority to act on behalf of the Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in safe traffic control practices in acCordance with Part VI of the MUTCD. In addition to the WTCS all others m::llcing 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 ~UTCD on the job site. Copies of current MUTCD may be obtained from: U.S. GoveI'IlID,ent 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, matl3rials and equipment necessary to respond effectively to an emergency situation Within forty-five (45) minutes of notification of the emergency. The WTCS shall supervise the initial installation of traffic control devices which will be reviewed by the Engineer prior to the beginning of construction. Modifications to traffic control devices as required by sequence of operations or staged construction must be' reviewed by the WTCS. The WTCS shall regularly perform inspections to ensure that traffic control is maintained. B. All'tra.ffic 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 re'flectorization 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 lunless otherwise specified. ,D. No work shall be started on any project phase witil 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 propose~ 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, . -rC'-3 'I I I I I I I .1 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 super-elevation 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, ete,) 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. AIl 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. AIl 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 tr,affic 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 MUTCD 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" /c..:..~ I I I I I I I I I '1 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 MUTeD. 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. OnmultiIane 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. The police officer; Engineer, and flaggers at ramps shall be provided with a radio which will proVide continuous contact with the Contractor. ' -rc~s- I I I I ,I I I ,I, I I I" I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA When ready to start the work activity,the police vehicle will pull into the travel lanes and act as a pilot vehicle slowing the 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 StoplSlow 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 ~ance 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'' tlashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY' (See Detail ISO-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 retlectorized black on orange, Series "C" letters and border of the size specified. '/c-r; I I I I I I I ,I I ,I I 'I I I I -I 'I I o DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA TYP'E ,- 'LASN JaC L J CMT lit TRMF I C S I III 53- , t.S- 5- 1z- ....11r ~ ffi\ ~ ~~ ~ 10. '-52- ''1 10- . ~~@'~[Q) t5 -,- . ..2- f""""15 ffi\ ~ [~~ [Q) ~~@WJJ ..!~J~l~ w 1:...1. :.: l'j- U. . ,- 12- ,. 12. 4'=- , I- ,. w-sPtCIM. SIGN . CTlwatM'r JlQST ..:utTED) S I eM SHALL MAW: lUCK UCEIC) laID aaa:R ON lIWGE ":'LECTQRIZED uaCRCiJHD DETAIL 150-A '.~IN ".,. IORDtA 3-UDIUS 1Z. SER. ~- 1Z. SER. -c. 12. SEIt. .C. I. siR. .C. 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, work~rs in or~cijacent to traffic during nighttj.me operation shall wear reflectorized vests, /7:::'-7 I I I I I I I I I I I I I I I I B I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 1. The parking of Contractor's and/or workers personal vehicles within the work area or acijacent 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 rurining off the road and striking them. K AIl existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate changes to existing ~alkways, temporary walkways shall be provided and maintained, with appropriate signS as necessary, to allow safe passage of pedestrian tra!fic. 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 stre'et intersections. All existing illuminated signs shall remain lighted and be maintained by the Contractor. B. When not in use, all inappropriate-tramcsigns or portions thereof shall be removed, placed or covered so as not to be visible to traffic. AIl construction wariling 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. Th,e 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 ProvisioIis, or as directed by the Engineer. These signS shall remain the property of the Contractor. The bottom of all interim signs shall be at least seyen 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 Oegend, letter size, spacing, border, etc.) equal to that 'of the existing signs, or of Subsection 150.03.E.5. Differinglegend designs shall not be mixed in the same sign. 1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that are designed with a message content (legend) that applies to a particular roadway location. When an existing special guide sign is in conflict with work,to be performed, the Contractor shall remove the conflicting sign and reset it in a new, non~nflicting location which has been approved by the Engineer, 2. INTERIM SPECIAL GtnDE 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 directe~ by the Engineer. 3, INTERIM OVERHEAD GmDE SIGN STRUCTURES: Interim overhead special guide sign structures are not required to be lighted unless specifically required by the Plans, If lighting is required the sign shall be lighted as soon as erected and shall remain lighted, duririg the hours of darkness, until the interim sign is no longer required, The Contractor shall notify the Power Company at least thirtY (30) days prior to desirillg connection to the power source. -rC'- a I I I I I I I I I I' I I I I I I I I D 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 lieu of galvanization for steel-posts or structural shape posts. Wood posts are not required to be pressure treated. . 2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the Specifications except that blanks and PlIDels 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 permitt;ed. 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, brosh, 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 the termini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET, AND 500 FEET.) In addition to the above, multi-lane diVided highways shall also have the legend ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On-ramps and at grade intersecting roadways shall be signed with a minimum of one ROADWORK 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 (i.e., 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 the lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable sUpport. V e~cle 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. ""/c-? I I I I I I I I I I I I I I I I I I 1- 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 markiIigs 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 r;narked to conform to Section 150.04 E. During construction and maintenance activities, on all highways open to traffic, bo~ existing m3;rkings and markings applied under this Section shall be fully maintained until Final ACceptance. If the pavement m.arkings 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, MATERIAI.S: 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 final surface course which must be removed shall be a removable type. The Contractor will be permitted to use paint, _ thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise directed by the Engineer. Partial (skip) reflectorization (i.e. reflectorizingonly 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), SC1 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 (RPMs) are required as listed below' for all asphaltic concrete pavements before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or final surface and is open to traffic, one calendar day is allowed for cleaning and drying before the , installation ofRPMs is required. . TC-/tJ 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 Il2t 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. -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 Intarim raised pavement markers may be substituted for the interim skip (broken) stripes, If raised pavement markers are substitutad fOT the four foot intarim skip stripe, four markers spaced at equal intarvals 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 substitutad, and shall be visible during daytime, The type ofintarim 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 pattarn pavement markings are applied the ,interim iaised markers shall be removed in a manner that will not interfere with application of the full pattern pavement ~arkings, , 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 mounted PASS WITH CARE regulatory sign(R4-124" x 30") shall be placed at the epd of each no-passing zone. Post mountad signs shall be placed m: accordance with the MUTCD. Portable sigris'must have a minimum vertical height of three feet above the pavement surface to the bottom of the sign and be secur~d in such a manner as to not be easily blown over or misaligried, c. EDGELINES: (1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate surfaces (including asphaltic cancreta 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 transitiO::lS, lane shifts, and in such other areas as detarmined by the Engineer. On the final surface, edgelines must be placed within 30 calendar days of the time that the final surface was placed. (2) All Other Typ~ of Pavement: Edgelines will not be required on intermediate surfaces that are in use for a period ofless 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 intarmediate 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-/& 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) Lanelines - Interim skip (broken) stripe as described m Subsection 150.04.E.1.a. may be used for periods not to exceed three calendar days. (3) Edgelines - Edgelines shall 'be placed on intermediate and final surfaces within three calendar days of obliteration. ' b. DMDED IDGHWAYS (GRASS OR RAISED MEDIAN) (1) Lanelines - Full pattern skip stripe shall be restored before nightfall. (2) Centerline/Edgeline - Solid lines shall be placed on intermediate and final surfaces within three calendar days of obliteration. c, Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d, 3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER THAN FOUR FEET a. Same as Subsection 150.04.E.2. except as noted m (b) below. b. EDGELlNES- (1) Asphaltic Concrete Pavement - Edgelines shall be placed on interinediate 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 calendarday 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, dean 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 oC 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 oCNo-Passing Zones will beidentified by the Engineer, .' G. MOBILE OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are applied in a continuous operation 'by moving vehicles and equipment, the following minimum equipment and warning devices shall be required in addition to the requirements of the MUTeD: 1; A lead vehicle is 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 pehind the w~rk vehicle applying the markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the rear. / r::;-/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 andlimited access roadways, the protection vehicle shall be equipped with a truck mounted attenuator (TMA) that is certified for impacts not less than 45 mph in accordance with NCHRP 230. 5. All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right- side rear mounted flashing yellow lights. ' 150.05 CHANNELIZATION A. GENERAL: Channelization should clearly delineate the travelway through the work-zone and alert drivers and pedestrians to conditions "created by work activities in or near the travelway, Channelization shall be done in accordance with the plans and specifications, the MUTCD, and the following requirements. . 1. Types of Devices Permitted for Channelization in Construction Work Zones: a. " DRUMS: (1) DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be reflectorized as required in Subsection 150.0LC. (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 oflateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not less than 150 feet. For multiple lane closures, only one lane' may be closed per taper with a minimum tangent length of 2L between tapers. The length of a closed lane, excluding the transition taper, will be limited to two mile, unless otherwise approved or directed by the Engineer. Dn.u:ns 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 inay be computed using the formula L = WS2/60, Greater taper length shall be used when required for individual situa'tions; Drums with steady burning lights, for the length of the taper only, are required if the condition ex!.sts 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 ii1 Subsection 150.06, Detail , 150.E.. ,-rc-/~ I I I I 'I I I I I I I I I I I ,I I B I DEPARTMENT OF .TRANSPORTATION STATE OF GEORGIA (2) 100 FOOT SPACING MAXIMUM: (a) For difference in elevation of two inches or less. (b) Flush 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 of retre-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 of28 inches in height regardless of application and shall meet the requirement of the MUTCD. (2) APPUCATION: 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 wo'rk 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 LIG~S: (1) DESIGN: All warning lights shall meet the requirements of the MUTeD. (2) APPLICATION: (a) Type A low-intensity flashing lights shall be used as shown in the Plans, the Standards, and as directed by the Engineer. Flashing lights are not required for advance warning signs in Subsection l50.03,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 exiatt 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) APPUCATION: 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 ~eflectors shall be either 10" x 10'~ square Type V (or equal) reflective sheeting mounted on flat-sheet panels, or 8" diameter center-mounted sealed pnsmatic reflex reflectors housed in an aluminum backing with a single grommeted hole, Approach end of Portable Barrier shall be flared or protected by an impact attenuator (crash cushion) or other approved treatment in' accordance with Georgia Standard 4960; Construction Details and Standard Specifications, On interstate or other controlled access highways where lane shifts or crossovers cause opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as a separator. B, TEMPORARY SAND LOADED ATTENUATOR MODULES 1. DESCRIPI'ION: This work consists of the furnishing, installation, mai,ntenance, relocation, reuse as required, and removal of Temporary Sand Loaded Attenuator Modules for traffic impact attenuators. 2. MATERIALS: Materials used in the Attentiator 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: Temporazy Sand Loaded Attenuator Module installation shall conform to the requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locations designated by the Engineer. C. PORTABLE IMPACT ATTENUATORS: 1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation, maintenance, relocation, reuse as required, and removal of Portable Impact Attenuators. 2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Section 650 for Type A Portable Impact Attenuators. ' 3. CONSTRUCTION: Portable Impact Attenuator installation shall conform to the requirements of Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locations designated by the Engineer, and/or shown on the plans. D, TEMPORARY GUARDRAIL ANCHO~GE - Type 11: " 1. DESCRIPTION: This work consis~ 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 U DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 2. MATERIALS: Materials used in the Temporary Guardrail Anchorage - Type 11 shall meet the requirements ofSuhsection 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 150-E. Channelization devices and placement during the construction period shall conform to the requirements of Subsection 150:05 and Details 150-B, 150-C, 150-D, and 150-E shown hereui. ' 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 device~ are erected on the paving edge, A STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-offs in elevation of more. than two inches between surfaces, carrying, or adjacent to, traffic Will not be allowed for more than 24 hours. However, where the 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. ASPHALT BASES/BINDERS: Drop-offs in elevation of more than two inches between surfaces carrying or adjacent to traffic will not be allowed for more than 48 hours. C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work adjacent to the traveled way 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 Detail 150-B. D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRAVELWAY:Worksuch 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-offbe allowed to exist more than 'five calendar days. This may require stage construction, such as plating and backfilling the incomplete work. -rc- /7 .1 I I I I I I I I I I I I I I I .S n u .. :~ .1,..... .. ('.:;. , , . . "'. ;'.. '. .: . DEPARTMENT OF TRANSPORTATION / 'STATE OF GEORGIA NOTE. Drums reO,llred for thrs 10ca1'ton,8Poced 'at SO F'T. Intervala. If the troveled way wrdth . Is reduced to leg tt1<ln 10 feet by the use of drums. vertIcal paneta snaD be used In Ireu of drums. LocatIon of drums when drop-off exceeds .. Inc:l"les. ----------~ ' . -------~~~--- c t NEW CONSTRUCTION + 1r-+ TRAVEL LANE DROP-OFF GREATER THAN 4 INCHES DETAIL 150-8 Drums spaced at 50 feet Intervals. LocatIon of drums when drop-off Is 2+ Inches to .. Inches. -'-~~------\ . -----------\ c t NEW CONSTRUCTION + TRAVEL LANE '1r-+ DROP-OFF OF 2+ ~CHES TO 4 mCHES ,'bET AIL 150-C -/ "C-/? I I I I I I, I I .1 .1 1 I I I I I I I I DEP ARrMENT OF TRANSPORTATION STATE OF GEORGIA Drums s~aced at 100 feet Intervals. ~ ~ Compacted Qraded oQQ~eQote.subbase materIal or. dTrt. NO STEEPER THAN 4:1 -4C LocatIon of drums when dro~-off Ta 2 Tnches or less. ~f~':~~____~\ -----------\ NEW CONSTRUCTION ,+ DROP-OFF OF' 2 INCHES OR LESS DETAIL 150-0 TRAVEL LANE ~ LocatIon of drums Immedlotel)' after completIon of heeled sectIon. spaced at 50ft. 'ntervols. TOP OF DRUM TO BE LEVEL + ~ '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. Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions, and as required by the Engineer, B. All 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 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). . C. FIaggers shall wear high-visibilitY clotlling in compliance with'the MUTCD and shall use a Stop/Slow pad~e 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 specifie~ 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 a~cordance 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 Wb.ere 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. /c-~o I I I I I .1 I I .1 I I I I I I I I I D. DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA J SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE , ORIGINAL TOTAL CONTRACT AMOUNT From More Than To and Includinl!' Dailv Chare'e $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 sePB!ately, and will be paid as follows: When the first Construction Report is submitted, a payment of 25 (twenty-five) percent of the Lump Sum price will be made. For each progress payment thereafter, the total of the Project percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid Qess ' previous payments), not to exceed one hundred (100) percent and subject to normal retainage. When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the requirements of Section 150 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 p.ay 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 Payttlent per each. Payment will be made only one time r.egardless of the number of moves required. , 3. Modify special guide signs. ground mount or overhead, will be measured for payment by the square foot. The area measured shall include only that portion of the sign modified, Payment shall include materials. removal from posts or supports when necessary, and remounting as required. -rc-z/ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA , , C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as SPecified in Section 622. D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured as specified in Section 632. E. TEMPORARY GUARDRAIL ANCHORAGE, Type 11: Temporazy 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: Flashing Beacon Assemblies will be measured as specified in Section 647. . H. TEMPORARY, SAND LOADED ATI'ENUATOR MODULES: Each Sand Loaded Attenuator Module of the type specified includes all material components, hardware, incidentals, labor, site preparation' and mamtenance. Each module will be measured for payment by the drum only once regardless of the number of locations 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 of locations installed, moves required, or number of repairs necessary because of traffic damage. Upon completion of the project, the units shall be removed and retained by the Contractor. J. PAVEMENT MARKINGS: Pavement m,arkin'gs will be measured as specified in Section 150. 150,10 PAYMENT: When shown in the Schedule ofItems in the Proposal, the following ite'ms 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) ... .,:, . . , ,.. , . " . . , . , "., . , p~r 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 Pave~ent Markers _ All Types. , . . , . , . , , , . . , . . . ,. per Each Item No. 150. Interim Ground Mounted Special Guide Signs. , . . . , , , . , , , , , , , , . ,. per Square ~oot Item No, 150. Interim Overhead Special Guide Signs ,.,'",..".."...."",.. per Square Foot 7t:;zz I I Item No, 150. I Item No, 150. I Item No, 150, Item No, 150. I Item No. 150. Item No. 150, I Item No, 150. Item No, 150. I Item No. 622. I Item No. 632. Item No. 641 I Item No. 647. Item No. 647. I" Item No. 647. I' I I I I I I I I DEPARTMENT OF TRANSPORTATION STArn 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, Tempo~ 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 Lin~ar Foot ' Changeable Message Sign, Portable '" .'"..""",." . ,.,..,.., ,..... per Each Temporary Guardrail Anchorage, Type 11 ',...".,.""......,.,...".., per Each Traffic Signal Installation, Temp ..."......."...",..."..."",..: Lump Sum Flashing Beacon Assembly, Structure Mounted, , . . , , , . . . , , . , , . . . . , . , . " per Each Flashing Beacon Assembly, Cable Supported , . ~ . , , , , . . . , . . , . , . , , , , , . . " per Each -rc - Z.3 I I I . I I I I I I I Il. I I I I I' , I' - " DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA CONTRACT DO NOT UNSTAPLE THIS BOOKLET... . ENTER ALL REQUIRED INFORMATION ---------------------------- EITHER BY HAND OR BY STAMP. DATE OF OPENING : NONE PCN CALL ORDER : NONE CONTRACT ID : C31664-00-000-0' PROJECTS AND CONTRACT NO. ------------- SCHPR-8503-5(245) Cl ------------------------------ 3292066CIOOOO COUNTY : RICHMOND CODE: 5AU230 CITY OF AUGUSTA ORIGINAL CC-I' CITY cOrrnmCT I: 1 I I I 1 1 I I I I I, I I I I I I I I,': :~ DEPARTMENT OF TRANSPORTATION STA~E OF GEORGIA CONTRACT ID : C31664-00-000-0 BASE AND PLANT MIX PAVING ON KATHERINE STREET PARKING LOT AT AUGUSTA STATE UNIVERSITY. -----------------------------------------------"----------------------- SITE 'CONTRACT TIME LIQUIDATED DAMAGES 00 COMPLETE CONTRACT NONE Cc- 2.. I I I I I I I, I It 2 J Ii i < I! ! , Ii i t I: I II Ii ,I I o D THIS AGREEMENT MADE AND ENTERED.INTO THIS THE DAY OF 20___ BY AND BETWEEN THE DEPARTMENT OF TRANSPORTATION PARTY OF THE FIRST PART (HEREINAFTER CALLED THE DEPARTMENT) AND THE CITY COUNCIL OF THE CITY OF---AUGUSTA (HEREINAFTER CALLED THE CITY) WHO HAVE BEEN DULY AUTHORIZED TO EXECUTE THIS AGREEMENT: WITNESSETH: WHEREAS, THE DEPARTMENT AND THE CITY DESIRE THE IMPROVEMENT AND CONSTRUCTION OF A CERTAIN FACILITY AND THE CITY DESIRES AND AGREES TO FURNISH AND DELIVER ALL THE MATERIAL AND TO DO AND PERFORM ALL THE WORK AND LABOR FOR SAID PURPOSE. THE PROJECT BEING MORE PARTICULARLY DESCRIBED HEREIN. NOW THEREFORE IN CONSIDERATION OF THE PREMISES, THE MUTUAL COVENANTS HEREIN CONTAINED AND THE SUM OF ONE DOLLAR ($1.00) BY EACH OF THE PARTIES TO THE OTHER IN HAND PAID, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: (1) THE WORK AND MATERIALS SHALL BE IN STRICT AND ENTIRE CONFORMITY WITH THE PROVISIONS OF THIS CONTRACT AND THE PLANS AND SPECIFICATIONS PREPARED (OR APPROVED) BY THE CHIEF ENGINEER OR HIS AUTHORIZED REPRESENTATIVE THE ORIGINALS OF WHICH ARE ON FILE IN THE OFFICE OF CHIEF ENGINEER AND WHICH SAID PLANS AND SPECIFICATIONS ARE HEREBY MADE PART OF THIS AGREEMENT AS FULLY AND TO THE SAME EFFECT AS IF THE SAME HAD BEEN SET FORTH AT LENGTH IN THE BODY OF THIS AGREEMENT. THIS CONTRACT WILL BE EXECUTED AND CONSTRUCTED IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS, 1993'EDITION, AND THE 1997 SUPPLEMENTAL SPECIFICATION BOOK, AND THE SUPPLEMENTAL SPECIFICATIONS AND SPECIAL PROVISIONS INCLUDED IN AND MADE A PART OF THIS CONTRACT. (2) .IT IS UNDERSTOOD THAT MATERIAL PITS ARE TO BE FURNISHED BY THE CITY AT NO COST TO THE DEPARTMENT OF TRANSPORTATION. (3) IT IS UNDERSTOOD THAT THE DEPARTMENT OF TRANSPORTATION WILL NOT PARTICIPATE IN THE COST OF ANY UTILITY FACILITY REMOVAL AND RELOCATIONS NECESSARY IN CONNECTION WITH CONSTRUCTION OF THIS PROJECT, UNLESS OTHERWISE SPECIFIED IN THE CONTRACT. THE (COUNTY/CITY) SHALL BE RESPONSIBLE FOR HANDLING THE ARRANGEMENTS WITH THE UTILITY OWNERS FOR ANY REMOVAL AND RELOCATIONS NECESSARY. THE (COUNTY/CITY) SHALL GIVE THE UTILITY OWNERS AMPLE NOTICE, OF THE IMPENDING CONSTRUCTION, TO ALLOW TIME FOR ENGINEERING AND MATERIAL ORDERS REQUIRED FOR ANY REMOVAL AND RELOCATIONS NECESSARY. ALSO, THE (COUNTY/CITY) AGREES TO CLEAR RIGHTS-OF-WAY OBSTRUCTIONS WITHOUT EXPENSE TO THE DEPARTMENT OF ~RANSPORTATION. FOR PURPOSE OF APPLYING PROVISIONS OF THIS PARAGRAPH, RAILROADS ARE CONSIDERED UNTILITIES. IN ADDITION TO THE FOREGOING, THE (COUNTY/CITY) SHALL OBTAIN APPROVAL OF PLANS AND ACQUIRE EASEMENTS OR OTHER PROPERTY RIGHTS FROM THE RAILROAD FOR CONSTRUCTION WITHIN RAILROAD PROPERTY/RIGHT OF WAY AND SHALL PROVIDE FOR THE PROTECTION OF RAILROAD INTERESTS, INCLUDING FLAGGING AND INSPECTION, AS MAY BE REQUIRED BY THE RAILROAD., (4) IT IS UNDERSTOOD THAT THE QUANTITIES SHOWN ARE APPROXIMATE ONLY AND SUBJECT EITHER TO INCREASE OR DECREASE AND ANY INCREASES OR DECREASES ARE TO BE PAID FOR AT THE CONTRACT UNIT PRICE GIVEN . (5) THE WORK SHALL BEGIN WITHIN TEN DAYS AFTER NOTIFICATION TO BEGIN WORK BY THE CHIEF ENGINEER TO THE CITY AND SHALL BE. CARRIED THROUGH TO COMPLETION WITHOUT UNREASONABLE DELAY AND WITHOUT SUSPENSION OF WORK UNLESS AUTHORIZED IN WRITING BY THE CHIEF ENGINEER. IF THERE ARE UNREASONABLE DELAYS OR UNAUTHORIZED SUSPENSIONS OF WORK, CC -3 I I I I I I I I I If .1 :' I I I I I THE DEPARTMENT RESERVE~ THE RIGHT TO CHARGE THE CITY, NOT AS A , pENALTY BUT AS LIQUIDJl. ) DAMAGES, THE COST TO TH' )EPARTMENT OF MAINTAINING ITS ENGINEhKING AND INSPECTION FORCE Un THE WORK OR TO CANCEL THIS CONTRACT AND COMPLETE THE WORK BY CONTRACT OR OTHERWISE. (6) THE WORK SHALL BE DONE IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA UNDER THE DIRECT SUPERVISION AND TO THE ENTIRE SATISFACTION OF THE DEPARTMENT OF TRANSPORTATION. THE DECISION OF THE' CH~~F ENGINEER UPON ANY QUESTION CONNECTED WITH THE EXECUTION OR FULFILLMENT OF THIS AGREEMENT AND INTERPRETATION OF THE SPECIFICATIONS OR UPON ANY FAILURE OR DELAY IN THE PROSECUTION OF THE WORK BY THE CITY SHALL BE FINAL AND CONCLUSIVE. ' (7) THE CITY AGREES TO PERFORM ALL EXTRA WORK THAT MAY BE REQUIRED OF THEM ON THE BASIS OF ACTUAL COST. (8) THE FINANCING OF THIS PROJECT SHALL BE AS FOLLOWS: PAYMENTS WILL BE MADE ON MONTHLY STATEMENTS AS THE WORK PROGRESSES. (9) DRUG-FREE WORKPLACE CERTIFICATION THE UNDERSIGNED CERTIFIES THAT ,THE PROVISIONS OF CODE SECTIONS 50-24-1 THROUGH 50-24-6 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, RELATING TO THE 'DRUG_FREE WORKPLACE ACT', HAVE BEEN COMPLIED WITH IN FULL. THE UNDERSIGNED FURTHER CERTIFIES THAT: (1) A DRUG-FREE WORKPLACE WILL BE PROVIDED FOR THE CONTRACTOR'S EMPLOYEES DURING THE PERFORMANCE OF THE CONTRACT; AND (2) EACH CONTRACTOR WHO HIRES A SUBCONTRACTOR TO WORK IN A DRUG-FREE WORKPLACE SHALL SECURE FROM THAT SUBCONTRACTOR THE FOLLOWING WRITTEN CERTIFICATION: 'AS PART OF THE SUBCONTRACTING AGREEMENT WITH (CONTRACTOR'S NAME) , (SUBCONTRACTOR'S NAME) CERTIFIES TO THE CONTRACTOR THAT A DRUG-FREE WORKPLACE WILL BE PROVIDED FOR THE SUBCONTRACTOR'S EMPLOYEES DURING THE PERFORMANCE OF THIS CONTRACT PURSUANT TO PARAGRAPH (7) OF SUBSECTION (B)' OF CODE SECTION. 50-24-3.' ALSO THE UNDERSIGNED FURTHER CERTIFIES THAT HE WILL NOT ENGAGE IN THE UNLAWFUL MANUFACTURE, SALE,. DISTRIBUTION, DISPENSATION, POSSESSION, OR USE.OF A CONTROLLED SUBSTANCE OR MARIJUANA DURING THE PERFORMANCE OF THE CONTRACT. (10) SERVICE DELIVERY STRATEGY CERTIFICATION: BY EXECUTION OF THIS CONTRACT, I CERTIFY, UNDER PENALTY OF LAW, THAT THE CITY IS IN COMPLIANCE WITH THE SERVICE DELIVERY STRATEGY LAW (HOUSE BILL 489) AND IS NOT DEBARRED FROM RECEIVING FINANCIAL ASSISTANCE FROM THE STATE OF GEORGIA. ALSO, I CERTIFY THAT THE FUNDS TO BE USED ON THE PROJECT ARE CONSISTENT WITH THE APPLICABLE SERVICE DELIVERY STRATEGY. cc - 4- f 'r I:; I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF THE~EPARTMENT OF TRANSPORTATIvd HAS CAUSED THESE PRESENTS TO BE EXECUTED BY THE COMMISSIONER OF SAID DEPARTMENT, WHO HAS BEEN DULY AUTHORIZED, AND B~ THE MAYOR FOR THE CITY, WHO HAS BEEN DULY AUTHORIZED BY THE CITY COUNCIL OF SAID CITY, WHO HAVE HERETO SET THEIR HAND THIS DAY AND YEAR AS SHOWN BELOW. FED ID NO.fIRS NO. ***************************************** ***************************************** EXECUTED ON BEHALF OF THE DEPARTMENT OF TRANSPORTATION THIS EXECUTED ON BEHALF OF THE CITY OF STA T THE _ DAY OF 20_ /~ o@ BY: COMMISSIONER RECOMMENDED: DATE: ZZ2R ~~ THIS CONTRACT APPROVED BY THE CITY COUNCIL AT A ~TIN.Q. 'HELD A~ o Q R-e?::--m=~ #f;~;:fr 20m DIVISION DIRECTOR WITNESS FOR THE DEPARTMENT OF TRANSPORTATION: ;' ec-s- I I I ---------------------______________________________________________________ .-- SPECIAL PROVISIONS DESCRIPTION ---------------------------------------------------------------------------- I ;;-1-93-SP CONTROL OF MATERIALS 07-1-93-SP LEGAL REGULATIONS {ENVIRONMENTAL)COUNTY/CITY CONTRACTS I 07-2-93-SP RESPONSIBILITY FOR DAMAGE CLAIMS OB-1-93-SP WAIVE PROGRESS SCHEDULE OB-2-93-SPDEDUCTION FROM PARTIAL PAYMENTS I 09-1-93-SP PARTIAL PAYMENT (CITY/COUNTY CONTRACTS) 09-2-93-SP MEASUREMENT AND PAYMENT 52-1-93-SP FIELD LABORATORY BUILDING 61-2-93-SP SOIL EROSION & SEDIMENTATION (COUNTY/CITY CONTRACTS) I OS-1-93-SP ROADWAY EXCAVATION 00-2-93-SP ASPHALTIC CONCRETE (COUNTY CONTRACTS) 02-1-93-SP RECYCLED ASPHALTIC CONCRETE (COUNTY CONTRACTS) I 00-1-93 -SP GRASSING 0-1-93-SP ASPHALT CEMENT 8-1-93-SP HOT MIX ASPHALTIC CONCRETE MIXTURES 9-0-00- PLANS ( ~ ) I I I I I I I I I I .PARTMENT OF TRANSPORTATIG. STATE OF GEORGIA . SPECIAL PROVISIONS DATE: 06/30/0 PAGE: CONTRACT ID : C31664-00-000-0 BASE AND PLANT MIX PAVING ON KATHERINE STREET PARKING LOT AT AUGUSTA STATE UNIVERSITY. s.P. CODE cc-0 May 21. 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 106 . CONTROL OF MATERIALS 106.03 SAMPLES, TESTS, crTED SPECIFICATIONS: Delete the second paragraph in this Subsection and substitute the following: For work performed under Section 400, Hot Mix Asphaltic Concrete Construction, all materials shall be inspected and tested by the Contractor before incorporation into the Work. All quality control samples shall be taken and tested by the Contractor's designated quality control tech!1ician. Such tests shall be performed at the Contractor's expense and in accordance with the methods of tests established by the Department. Copies of all tests performed by the Contractor shall be furnished to the Engineer and will become a pan of the project records. At the discretion of the Department, the Contractor's quality control tests may be used as acceptance tests. The Department will maintain surveillance 'of the Contractor's Quality Assurance Acceptance Program md shall take samples and conduct tests as necessary to verify correctness of the Contractor's quali.ty control tests and determine acceptability of materials and construction. The Contractor shall be responsible for the quality of the construction and materials incorporated therein. aterials and Research I I I CC-7 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 RESPONSmILIlY TO TIlE 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 I, 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 GEPA. 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 detennine 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 SIGNIFICANTLY 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, Cc-g b. Adding auxiliary lane.. ,r localized purposes (weaving, climt_ c' speed changes, etc,), and correcting substandard curves and intersections within previously disturbed existing r:ight- 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 FOLLO\VING PROJECTS MAY NOT SIGNIFICM1L 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, cenain studies will be undenaken. These studies would serve to document whether or not the County o'r 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 ~tlan~. . 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 nb significant adverse impactS to historic or archaeological resources, no involve~ent with Federally listed threatened and endangered species and no significant adverse impact to wetlands. 4. Rest area projects and truck weigh stations-with no purchase of additional tight-of-way. ... rr.c - q 5. New location projects wh~. .here are no significant adverse impa, co 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 GEPA compliance. C, THE FOLLOWING PROJECTS MA YSIGNIFICANTL Y ADVERSELY AFFECT THE QUALITY OF THE ENVIRO!v1E~: 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 o.ther interest \vith respect to environmental impacts. In compliance with GEPA 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, archaeologylhistory, 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 ~hort-tenn uses of the environment and maintenance and enhancement of its long-tenn value; h. Beneficial aspects, both long tenn and shon tenn and its economic advantages and disadvantages; tf.,C :..- I 0 I I I 1 I I I I I I I I I I I I: I, 1. Comments of agt_ .,es which have jurisdiction by law, special expertise, ~r 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 go~ernmental action or any part thereof is to occur, notice that an environmental effects repon has been prepared". 4. The County or Municipality shall send a copy of the EER and all oth..:r 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 io 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 sign'ed 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 DEPARTMEl'tf OF TRANSPORTATION, OFFICE OF ENVIRONMENT AND LOCATION and the DEPARTMENT OF NATURAL RESOURCES, ENVIRONMENTAL PROTECTION DIVISION for their files. DEPARTMENT OF TRANSPORTA TION 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 A TLANTA, GEORGIA 30334 Any mitigation measures identified in the EER will be incorporated into the final project plans. . , Office of State Aid ~C -I , 1 I I I I J ~ il .1 I I 1 :a....... - 2/29/00 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 107- LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC 107.23 ENVIRONMENTAL CONSIDERATIONS: Add the following: E. Temporary \Vork in \Vetlands Temporary work in wetlands In order to facilitate construction will be subject to the following requirements: 1. Temporary work in wetlands shall be accomplished by using temporary structures, timber, concrete, soil with geotextilc fabric, or other suitable matting. 2. Soil matting shall be protccted [rom erosion in accordance with the Specifications. 3. \Vhenever temporary work is required in Saltwater Marsh Wetlands, all temporary structures and/or matting shall be removed in their entirety prior to Final Acceptance of the Project. Matted and compressed soils shall be backfilled to, their original ground e.levation with material meeting the requircments of. Section 212 _ Granular Embankment. 4. \Vhcnever temporary work is required in Freshwater \Vellands, all temporary structures and/or malting (cxclusive of soil malting to be retained in the final roadway section) shall be removed in their entirety prior to Final Acceptance of the Project. Once the temporary materials have been removed, the area shall be covered by Excelsior or Straw blankets in accordance with Section 713 of the Specifications. The grassing and ground preparation referenced in Sub-Section 713.03.A will not be applicable to this Work. 5. The Contractor shall notify the Engineer so that a field inspection may be conducted to certify that the temporary materials were properly removed and that the area was properly restored. The Contractor shall pe responsible for any corrective action required to complete this Work. 6. There will be no separate measu~ement or payment for this Work. The cost associated with this Work shall be included in the overall Bid submitted. Office of Contract Administration CC-{Z j ;:/' .~ , " , '. December 10, 1999 DEPARTMENT OF TRANSPORTAION STATE OF GEORGIA SPECIAL PROVISION SECTION- 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Delete Sub-Section 107.15 and Substitute the following: 107.15 RESPONSIBILITY FOR DAMAGE CL\.IMS: The Contractor shall indemnify and save harmless the Department, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the said Contractor; or on account of or in consequence of any neglect in safe-guarding The Work; or through use of unacceptable materials in constructing The Work; or because of any act of omission, neglect or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree; and so much of the money due the said Contractor under and by virtue of his Contract as may be considered necessary by the Department for such purpose may be withheld for the use of the State; or, in case no money is due, his surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that . effect furnished to the Department; except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. Contract Administration Cc - /3 DEPAR'n-ffiNT OF TRANSPORTATION fATE OF GEORGIA - .' SPECIAL PROVISION SECTION 1 DB-PROSECUTION AND PROGRESS Revised: Apri118, 1995 For this Project, the Progress Schedule required by Subsection 108.03 need not be submitted. cc - 14- I; I: I I I I I I 1 I 1 I I I I I I '. December 10, 1999 DEPARTMENT OF TRANSPORTAlON STATE OF GEORGIA SPECIAL PROVISION SECTION- 108 PROSECUTION AND PROGRESS Delete Sub-Section] 08. D8.A.] and Substitute the following: 1. DEDUCTION FROM PARTIAL PAYMENTS: Liquidated damages, as they accrue, will be deducted from periodic partial payments and, if necessary, from the Final Payment. Contract Administration cc - / 5 I~ I'~ i: '. I: I I I I I I I I I I I I I, I., '. August 1, 1995 DEPARTMENT OF TRANSPORTATION STATE OFGEORIA SUPPLEMENTAL SPECIFICATION SECTION 109.:.. MEASUREMENT & PA Y1\-IENT (CITY/COUNTY CONTRACTS) 109.07 PARTIAL PA Y1\-IENTS: Retain as written except as follows: A. GENERAL: Delete "At the end of each calendar month"-------and substitute "On the lOlh day of each calendar month-----". Office of State Aid " t. o C c -/0 I':. ~e :: . ..,~:,- ,...., .. ~., .J . "~. -;- I': I' I I I I I I I I I I I I I I I '. December 10, 1999 DEPARTMENT OF TRANSPORT AlON STATE OF GEORGIA SPECIAL PROVISION SECTION-I09 MEASUREMENT AND PAYMENT Delete the secolld paragraph of Sub-Section 109.03 which begins With "The paymellt of any partial estimate ................and Substitute the following: The payment of any partiaI.estimate prior to final acceptance of the Project as provided in Sub-Section 105.16 shall in no way affect the obligation of the Contractor, to repair, or renew any defective parts of the construction or to be responsible for all damages due to such defects. Delete, the secondparagraplz of Sub-Section l09.07.A wlziclz begins with "When so requested.... .. alld substitute tlze fOllowing: When so requested by the Contractor and approved by the Engineer, Gross Earnings of $150,000 or more for work completed within the first fifteen (I 5) days of any m.onth will be certified for payment on a semi-monthly basis, subject to the conditions and provisions of Sub-Section 1 09.07.A. 7. Delete Sub-Section l09.07.A.8. and Substitute thefollowing;. 8. MINIMuM PAYMENT No partial payment will be made unless the amount of payment is at least $1000.00. CC -/7 I':.'.: .~~ .. I"': I I I 1 I I I 1 1 I I I n I I Delete Sub-Section 109.07. C and Substitute the following:' C. INTEREST: Under no circumstances will any interest accrue or be payable on any sums withheld or deducted by the Department as authorized by Sub-Section 109.07.A. Delete Sub-Section 109. 07.D. and Substitute the following: D. The Contractor shall insert the following in each Subcontract entered into for work under this Contract: "The Contractor shall not withhold any retainage on Subcontractors. The Contractor shall pay the Subcontractor 100% percent of the gross value of the Completed Work by the Subcontractor as indicated by the current estimate certified by the Engineer for payment." Neither the inclusion of this Sp~cification in the Contract between the Department and the Prime Contractor nor the inclusion of the provisions of this Specification in any Contract between the Prime Contractor and any of his Subcontractors nor any other Specification or Provision in the Contract between the Department and the Prime Contractor shall create, or be deemed to create, any relationship, contractual or otherwise, between the Department and any Subcontractor. Delete Sub-Sectionl09.08.A. SEA1IFINAL PAYMENTS Contract Administration cc.. - I g I;:'" I' I I I I I 1 I I I I I 1 I DEPARTJ\.1ENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION May 21, 1998 SECTION 152 - FIELD LAB ORA TORY BUILDING 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 Pons 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) ITEM 5*: 1 Each - Superpave Gyratory Compactor (SGC) Equipment _ A Superpave Gyratory Compactor and appurtenances, including a calibration kit, which meets equipment requirements and testing Protocol of a nationally recognized Superpave Center and AASHTO TP 4 shall be provided by the Contractor. The SGC shall be equipped with a printer to provide a real-time printout of the date and. time of compaction, number of gyrations, and specimen height for each gyration during the compaction cycle. The SGC shall be equipped with at least two mold assemblies and a specimen extruder. .' Required only for interstate projects which include Pay Items under Sections 400 or 402. terials and Research CC-I '7 1-' I, I I I 1 1 I 1 1 1 1 I 1 I I I I- DEPARTMENT~OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICATIONS JUL Y 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. c c. - Zo SUP" :MENTAL SPECIFICATION SECTIOf\l ~OS - ROADWAY EXCAVATION : Delete Sub.Section 205.01 and substitute the following: Rev. December 10, 1999 First Use: January 21,2000 205.01 GENERAL: Roadway Excavation shall consist of the excavation, hauling and satisfactory placement or disposal of all materials, not otherwise to be removed under another Contract Item, from within the limits of all areas designated in the Contract. This Work shalf also include all ditch excavation with the exception of Channel Excavation. All suitable materi~ls excavated from ditches shall be utilized in the construction of roadway embankments except where otherwise directed by theEngineer. Material excavated from ditches which is unsuitable for roadway construction shall not be deposited or allowed to remain within three feet of the edge of the ditch. Such material shall not be left in unsightly piles, but shall be spread in uniform layers neatly leveled and shaped. Adequate, openings shall be provided in spoil banks to allow surface drainage of adjacent land. When shown on the Plans or required by the Engineer, surface ditches of adequate dimensions shall be cut at the tops of cut slopes, extending to each end of the cuts in order to carry the water from the side hill. Side ditches or gutter.s emptying from cuts to embankments shall be turned outward so as to avoid erosion of the embankments, \Vherever possible, water from surface ditches shall be discharged at terraces or in tail ditches cut along contour lines, Suitable outlets or flumes for roadway ditches shall be provided where necessary in accordance with details on the Plans. Surface ditches, outlets and other such ditches will be paid for as Unclassified I Excavation, This Work shall also include the filling and/or plugging of all abandoned wells (both dug and drilled) I located within the Right Of Way and Construction Easements in accordance with Georgia Standard 9031H. , This Work shall also include the removal of paving, aggregates, and ballast, not to be incorporated into I the new Work as a result of alignment shifts, grade changes, or other reasons whether shown on the Plans or not. Salvaging of the removed railroad ballast, aggregate and paving will be required only if so i designated on the Plans. All salvaged materials shall become the property of the Department unless the j I Engineer directs that portions of, or all, such materials be wasted, Any materials not to be salvaged shall 1 be disposed of by the Contractor. All salvaged materials shall be stockpiled on the Project unless other ! sites for stockpiling are shown on the Plans. 'I When excavation operations encounter artifacts of historical or archaeological significance, such . operations shall be temporarily discontinued and not resumed until directed by the Engineer. See Sub-Section 107.13.A. , IAll excavation shall be in conformity with the lines, grades and cross sections shown on the Plans or established by the Engineer. IL,1l material to be excavated, regardless of its natUre or composition, shall be defined as Unclassified Excavation unless otherwise specified in the Plans. All suitable material removed in the excavation shall ~e used as far as practicable in fonnation of embankments, subgrades and shoulders and at such other laces as may be indicated on the Plans or directed by the Engineer, The Engineer will deSignate aterials which are unsuitable. The Contractor shall furnish disposal areas for the unsuitable and surplus materials except where the Engineer pennits the use of such on fill slopes, in abandoned ditches 'r elsewhere, or unless specific disposal areas are shown on the Plans, , I I CC-Zl - :.1 i.1 :! The intersection of cut slopes wit~ "atural ground surfaces, including the , 'nning and ending of cut slopes, shall be uniformly roundl ; shown on the Plans or as directed by t.....; Engineer. All cut slopes shall be brought to the grade and cross section shown on the Plans or established by the Engineer and finished to reasonably uniform surfaces acceptable for seeding and mulching operations. When the Plans include a provision for Serrated Slopes, the backslope shall be graded in accordance with the Construction Detail. The template line or the final staked cross section slope line will be the pay line. There will be no additional measurement or payment for constructing Serrated Slopes. The first serration (step) is to be started as designated on the Construction Detail, and should be level instead of paralleling the roadway grade. The tilt control blade dozier shall cut steps in alternate directions as alternating steps are constructed. When the Plans do not provide for serrated slopes, the front and back slopes shall be left in a roughened condition to provide a seed bed for temporary or permanent grassing operations. All slides and overbreaks which occur prior to final acceptance of the Project due to natural causes shall be removed and disposed of by the Contractor as directed by the Engineer. Where slides or overbreaks occur due to negligence on the part of the Contractor, the Contractor shall remove and dispose of the material at no additional cost to the Department. A percentage of the estimated quantity of earthwork, not to exceed 5% at the discretion ofthe Engineer, is to be withheld from progress payments until final dressing, subgrade construction and the satisfactory disposal of unsuitable or surplus materials is completed. This percentage withheld shall be in addition to that specified in Sub-Section 109.07. Delete Subsection 205,02 and replace with the following: 205.02 EROSION AND S/L TAT/ON CONTROL: The Contractor shall take whatever measures necessary throughout the life of the project to control erosion, and to prevent silting of rivers, streams and impoundments, Construction of drainage facilities as well as performance of all other Construction Work which will contribute to the control of erosion and siltation shall be carried out in conjunction with earthwork operations as required by Section 161. Delete Sub-Section 205.10 and substitute the following: 205.10 MEASUREMENT: ." A. Original ground surface measurements will be taken by conventional methods,photogrammetric means, or other methods. The Engineer will determine the methodes) and time at which the measUrements are to be taken for each Project. B. The volume of Roadway Excavation-Unclassified, authorized and accepted by the Engineer, will be computed by the method of average end areas, or other acceptable means, using the original ground surface, the final ground surface, typical cross section, or approved templates. The final ground surface will be obtained from conventional field measurements, as-built templates, photogrammetric means or other methods. The Engineer will determine the methodes) to be used on each Project. cc-z-z Ii :'1 :L The measurement will inr"'-ie overbreakage and slides in roadwa~' 'cavation unless they are caused by the negligence be Contractor. It will include the autl.. .zed excavation of rock or unsuitable material below template grade. The measurement will also include any material re-excavated from stockpiles and used in Ithe construction as directed by the Engineer as well as surcharge removal. In no case will excavation outside of staked lines and slopes be measured for payinent unless ordered or approved by the Engineer. Ditch excavation will be measured as specified in Sub.Section 205.10.A For retaining wall construction measurement will be to the back and the bottom of the select , material backfill or footing as determined by the Engineer. Any exception outside these lines by the Grading Contractor necessary to provide stable slopes and positive drainage will not be measured, but shall be considered incidental to the Work. Filling or plugging abandoned wells will not be measured for payment but all costs shall be included in the price bid for Roadway Excavation when Item 205 is sho'WIl as a pay item. Otherwise all costs shall be included in the overall contract bid price. The removal of paving, aggregates and ballasts shall be measured and included in the computations for roadway excavation when Section 205 is sho'WIl as a pay item unless those items are sho'WIl in the plans as a separate pay item. ' cc, -23 I~ I' I I DEPARTl\1ENT OF TRANSPORTATION STATE OF GEORGIA July 12, 1999 SPECIAL PROVISION (For "Off-System" Contracts Only) SECTION 400 - HOT MIX ASPHALTIC CONCRETE CONSTRUCTION 400.02 MATERIALS: Delete Items H. and J. and substitute the follow'ing: 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 Up to 3/4" Rate of Spread Up to 85 lbs./s.y. Tvpe of Mix 4.75 mm Mix, or 9.5 mmSuperpave (Level A) 9,5 mm Superpave (Level B, C, or D) 12.5 mm Superpave* 19 mm Superpave* 25 mm Superpave or 37.5 mm Superpave 3/4" to 1 1/2" 1 1/2," to 2" 2" to 3" Over 3" 85 lbs./s.y. to 165 lbs./s.y, 165 lbs./s.y. to 220 lbs./s.y. 220 lbs./s,y. to 330 lbs./s.y, Over 330 lbs./s.y. * These mixtures may be used for isolated patches no more than 6 inches deep and no more than 4 feet in diameter or length. 400.05.D.1. THICK.t~ESS OF LA YERS: Delete and sub~titute the following: Mix Tvpe 25 mm Superpave 19 mm Superpave' 12.5 mrn Superpave 9.5 mm Superpave (Level A) 9.5 mm Superpave (Level B, C, or D) 4.75 mmMix Minimum Layer Thickness Maximum Total Thickness Maximum Layer Thickness 3" 5"* 1 3/4" 3"* 1 3/8" 2 lI2"* 3/4" (80 lb/s.y.) 2" 718" (85 lb/s.y.) 2" 314" (80 Ib.ls.y.) 1 lI8" 8" 4" 4" 2" * On trench widening, which is defined as widening no more than four feet in width, allow up to 6" per lift. The 12.5 mm Superpave may also be placed in lifts up to 4" thick for driveway and side road transitions. ----\. c c - 24- ". I,;, .:~\ I'" I::, I 1 1 I I 1 1 1 I 1 I 1 I 1<, . :';400.05.D.3. ROLLING OPERATION: Delete' the last sentence and add the following: -.,~ if. Pneumatic-Tired rollers shall be used ih conjunction with breakdown rollers on all surface and subsurface : courses exc~pt that pneumatic-tired rollers may be excluded at the discretion of the Engineer when " polymer modified asphalt is used in the Asphaltic Concrete mixtures or when there is excessive "pickup" . or tracking from the tires. 400.05.E. CONTINUITY OF OPERATIONS: Delete and substitute the following: 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. 400.05.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./yds.1 or less, density tests will not be required. These courses shall be compacted as follows: 1. COMPACTION E'QUIPMENT: 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 Ibs./ in.:1 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 of 2 coverages with the breakdown roller, 6 coverages with the Pneumatic-Tired roller, and 2 coverages with the steel wheel finish roller. 400.05.G.: MIXTURE NOT REQUIRING CONTROL STRIPS: Delete this Subsection. Cc. -25 ,:~OO.06.A.8. Delete and substitute the following: ;The results of a design study providing the necessary information to conform to the appropriate 'requirements of Section 828. The ~ontra~tor s?all be responsible for all ~ix de~igns. ~ peri.od of two ~;'weeks from the date batched materIals are receIved shall be allowed for mIX deSIgn venficatJOn by the :'Office of Materials and Research. ~ ..'.NI proposed Job Mix Formulas shaH be submitted for approval at least two weeks prior to beginning Z;' mixing operations. No Hot Mix Asphaltic Concrete work shall be started nor shall any mixture be S accepted until the Engineer has approved a Job Mix Formula for the mixture to be used. :,400.07. ACCEPTANCE PLANS: Delete all references to pay adjustments and pay factors. In addition, ~'de}ete 400,07.A, Gradation and Asphalt Cement Content, and substitute the following: , A. CONTRACTOR ACCREDITATION OF MATERIALS SAMPLING AND TESTING OF ~ASPHAL TIC CONCRETE: Asphaltic Concrete Mixture shall be randomly sampled and tested by the (: Contractor or Contractor's Representative. In addition, these tests results may be used for Acceptance on : a Lot basis. 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). fA Lot shall consist of the number of tons of Asphaltic Concrete produced and placed each production day; bowever. 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 i~eated as a separate Lot with a corresponding lower number of tests. 1. QUALITY CONTROL PROGRAM: This Quality Control Program allows the Department to accept the Contractor's quality control tests as Acceptance Tests for Asphaltic Concrete mixtures. The Contractor's Quality Control Program as established in S.O,P. 27, "Quality Assurance for HOl Mix Asphaltic Concrete Plants in Georgia," shall include, but not be limited to: a, The assignment of all quality control responsibilities to specifically named individuals who have been duly certified by the Office of Materials and Research. 'b. Provisions for prompt implementation of control and corrective measures. c. Provisions for liaison with the Project Manager, Bituminous Construction Engineer and Testing Management Operations Supervisor at all times. The Contractor 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. Other tests, checks, calibrations" etc. will be reported on a form developed ,by the Contractor and shall become a part of the project records. CC-2b I- I I I I 1 I I I 1 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. Contractor'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. The designated Quality Control personnel must be certified by the Office of Materials and Research, prior to commencement of work. There are two certification Levels for Quality Control Technicians. To become a certified Level 1- Quality Control Technician (QCT), such persons must be able to demonstrate that they are competent in performing the process control and acceptance tests and procedures related to Hot Mix Asphaltic Concrete production. The Level 2-QCT shall, in addition to Level 1 requirements, be capable of and responsible for making process control adjustments. Technician certification shall be valid for a period of 3 years from the date established on the Technician's Certificate unless revoked or suspended. Technicians may become recertified through special training and testing provided by the Office of Materials and Research, The technician may become recertified up to 6 months before the expiration date of the current certification, 3. QUALITY CONTROL MANAGEMENT: The Contractor shall designate at least one Level 2-QCT as manager of the quality control operations within the Contractor's organization. The Quality Control Manager shall be accountable for actions of other Level 2-QCT and/or ,Level l-QCT personnel. The Quality Control Manager shall verify that all applicable test procedures and Standard Operating Procedures are adhered to and that all reports, charts, and other documentation are completed as required, Quality Control Managers who do not insure thac specification requirements, sampling and testing frequencies and requirements, and Standard Operating Procedures are adhered to may have their certification withdrawn. The Engineer shall be notified in writing of any change in Quality Control personnel. The Contractor 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 Contractor 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. j - j iiii I I 1 ~ cc-21 I~ I I I I I 1 I I I I I I I I I 4. SAMPLING, TESTING AND INSPECTION REQUIREMENTS: Mixtures shall be rand~'mly 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 Contractor'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 contractor and are subject to approval of the Engineer. The Contractor's QCf 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. The Contractor 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 Acceptance test results are Outside Mixture Control Tolerances specified in Seclion 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 i"mmediate 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. If the Contractor's QCT obJains 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 Contractor'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 re'st~rting 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. cc.- ZS I 1 I 1 I I I I I I I I I I, 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. Additionally, records of materials (Asphalt Cement, Aggregates. Hydrated Lime. etc.) invoices shall be made available upon request. 5. 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 Depanment will take independent samples to monitor the Contractor's Quality Control Program. For clarification. Department samples taken from opposite quaners of material sampled by the Contractor 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: 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 in a suitable container and secured in a protected environment. If the Contractor's Acceptance Test results are within Mixture Control Tolerances and if the Department does not procure these retained samples within three working days of the represented mix being produced. these samples may be discarded. The Department will test comparison samples on a random basis at a frequency deemed necessary to assure that the Contractor's testing techniques are yielding accurate results. Results of Department tests will be compared to the respective Contractor's Acceptance tests, The maximum tolerance allowed for Comparison Samples as defined above shall be as follows: MAXIMUM DIFFERENCE SIEVE SIZE 12.5 mm 9.5mm 4.75 mm 2.36 mm 75 /lm A.c. SURFACE SUBSURFACE 4.0% 4.0% 3.5% 3.0% 2.0% 0.5% 3,5% 3.5% 2.5% 2:0% 0.4% cc.-zq If Comparison tests are within these tolerances, production may continue and at the discretion of the Engineer, the COli tractor'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 Contractor's tests can be used as Acceptance Tests for the' effected Lot. If tests results are not within these tolerances, the Contractor's Quality Control methods shall be reviewed by the Office of Materials and Research and a thorough investigation wilLbe made if deemed necessary. b. Quality Assurance Sampling and Testing: The Department will take samples for the purpose of monitoring the effectiveness of the Contractor's Quality Control Program. These samples may be obtained from the same load as QCT samples were taken or other loads at the plant or roadway, or samples obtained immediately behind the spreader and prior to compaction. The samples will be tested and analyzed by the Department in accordance with standard procedures. The Department shall randomly take and test a minimum 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 conlrolled and accurately sampled and tested, I I I I I Ii \ I I l I. I II I I,' ~~~~, ~ The maximum tolerance for QA samples as defined above, when compared to the Job Mix Formula, shall be the same as the Mixture Control Tolerances as outlined in Section 828, 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 Contractor QCT test results for the respective Lot will not be included in the Lot calculations. Should the Engineer delermine that Quality Control requirements are not being met or that unsatisfactory results are being obtained. prompt corrective action shall be taken by the Contractor. 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 Contractor'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 Contractor 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 Suhsection 400.07.F. These core samples shall be used for acceptance. cc.. -,XJ 6. GRADA TION 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 Contractor shall take at least 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. 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. 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 25 mm Superpave, 12.5 mm, 2.36 mm Sieves and Asphalt Cement 19 mm Superpave, 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. I'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. I 1400.07.C.: SURFACE TOLERANCE: Delete this Subsection and substitute the following: All paving shall be subject to visual and straightedge inspection during construction operations and .therea~ter prior t? final acceptance. A 10 foot straightedge shall be retained in the vicinity of the paving Fperatlon at all tlmes for the purpose of measuring surface irregularities on all courses. The straightedge and labor for its use shall be provided by the contractor. The surface of base, intermediate, and surface lourses shaH be inspected with the straightedge as necessary to detect irregularities. , ~c:- 3/ r~ i:' All irregularities in excess of 3/16 inch in 10 feet for base, intermediate, and surface courses shall be ,';corrected. Irregularities such as rippling, tearing, or pulling which in the judgment of the Engineer )indicate a continuing problem in equipment, mixture, or operating technique shall not be permitted to ~:'recur and the paving operation shall be stopped unless appropriate steps are taken by the Contractor to \;'correct the problem. <. 400.07.D.: MATERIALS PRODUCED AND PLACED DURING ADJUSTMENT PERIOD: Delete this Subsection. 400.07.F REEV ALUA TION OF LOTS: Add the following to the first paragraph: Re-evaluation of Lois and acceptance will be based on Department evaluations. All costs of these evaluations shall be at the Contractor's expense. I I I I I IMaterials and Research I , CC-32 .' March 4, 1999 I 1 I 1 1 I I OEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 402 - HOT MIX RECYCLED ASPHALTIC CONCRETE 402.02,.A. RAP MA TERIAL: 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 used 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 shull be considered when determining the local sand portion allowed in the total mix as specified in Section 828. I I I I I I Ij Where Pay Items specify that Group II only aggregate is to be used, RAP which consists primarily of I. 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 1 Group I aggregate in the RAP shall be considered when determining the Group I portion allowed in the II total mix as specified in Section 828. The percentage of local sand, alluvial gravel, and Group I aggregate i in the RAP will be determined through petrographic analysis or available records. I j 402.02.C. RECYCLED MIXTURE: Delete and substitute the following: 1 The recycled mixture shall be a homogeneous mixture of RAP material, virgin aggregate and neat asphalt j cement. Further, the mixture shall be appropriately treated with an approved anti-stripping agent, either a \ heat stable anti-stripping additive or hydrated lime. The agent chosen shall be at the Contractor's : discretion except where noted in the Pay Item Designation. . The mixture shall conform to an approved mixture design meeting the requirements outlined in Section 828. Where hydrated lime is used, it shall be added at a rate of 1.0 percent of the virgin aggregate portion plus 0.5 percent of the aggregate in the RAP portion of the mixture. Where heat stable anti-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.c.. - 3:3 '402.05 PAYMENT: Add the following: .' f; ~Item No. 402 Recycled Asphaltic Concrete:~ Mix, Group-Blend, Including Bituminous Material... ...... .,....... .......................... ...... ................. per Ton I! .' Item No. 402 Recycled Asphaltic Concrete Patching, Including Bituminous Material........ ......... ............................... ................... per Ton I' Item No. 402 Recycled Asphaltic Concrete, Type Mix, Group-Blend, Including Bituminous Material and Hydrated Lime.. ....................... .................. per Ton I 1 1 1 1 1 1 I I I I 1 Recycled Asphaltic Concrete Leveling, Including Bituminous Material .................................................. ............ ..... per Ton Item No. 402 Recycled Asphaltic Concrete, Type Superpave, GrouP-Blend, Including Bituminous Material........ ......... ...................,.... .............. ............ per Ton Item No. 402 Recycled Asphaltic Concrete, Tvpe Superpave, GrouP-Blend, Including Bituminous Material and Hydrated Lime ..................................... perTon Item No, 402 Recycled Asphaltic Concrete, Tvpe Superpave, Group-Blend, Including Polymer-Modified Bituminous Material and Hydrated Lime ........... per Ton Item No. 402 _Inches Recycled Asphaltic Concrete, Tvpe Mix, Group-Blend, Including Bituminous Material,....,............................................... per Square Yard Item No. 402 _Inches Recycled Asphaltic Concrete, Tvpe Superpave, Group-Blend, Including Bituminous Material....,............,................... per Square Yard Item No. 402 _Inches Recycled Asphaltic Concrete, Type Mix, Group-Blend, Inclu'ding Bituminous Material and Hydrated Lime' .,. ,................................................................... ........ per Square Yard Item No. 402 _Inches Recycled Asphaltic Concrete, IYg Superpave, GrouP-Blend, Including Bituminous Material and Hydrated Lime... .................................................................... ........ per Square Yard Item No. 402 _Inches Recycled Asphaltic Concrete, Type Superpaye, Group-Blend, Including Polymer-Modified Bituminous Material and Hydrated Lime ..................................................................... ........... per Square Yard I jMaterials and Research II.~ . . cc-34- I..~.; ", I, I I I I 1 1 1 II 1 11 i ; 11 I I I Ii ~. DEPARTMENT OF TRANSPORTAION STATE OF GEORGIA SPECIAL PROVISION SECTION- 700 GRASSING December 10, 1999 Delete Paragraph one of Sub-Section 700.10, which begins with "The Contractor will be allowed..... ". and Substitute the following: The Contractor will be allowed full measurement and payment on the regular monthly estimates for aIr grassing and planting items as work progresses provided the Work has been done in strict compliance with the Specifications. Contract Administration CC - '"33 May 21, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I' I Delete and substitute the following: I I I I I, I ST AND METHOD I ash Point. SHTO: T-48 Min, 1 'iscosity (a). SHTO:TP-48 Max, lass Loss (%). Max. I SHTO: T-240 (b) ynamic Shear, rfsino, AASHTO: iPS. 10 RadfSec 1 ;)issipated Energy. , )ynamic Shear, I.sino. AASHTO: I 1>5. lO Rad/Sec ;reep Stiffness (c), Osee. AASHTO TP1 I )irect Tension, 1.0 \tnfmin. AASHTO: 'P3. Failure Strain SPECIAL PROVISION SECTION 820 - ASPHALT CEMENT 820.01 SUPERPA VE ASPHALT BINDER: This Section. covers asphalt cements which have been prepared from crude petroleum by: suitable methods. The asphalt cements shall be homogenous, free from water and shall not foam when heated to 1750 C. Blending of asphalt cements to produce a specified 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 TEMPERATURE ORIGINAL BINDER RESIDUE OF BINDER AFTER: PG 58-22 PG 64-22 PG 67-22 PG 76-22 Rolling Thin-Film Oven AASHTO: TP5 Pressure Aging AASHTO: PP-I 1350 C 2300 C 3Pa-S (3000CP) 580 C MOC 670C 760 C Phase Angle ~ 1.0 kPa 0,5 ~ 2,2 kPa < 75 deg, 250C ~ 5000 kPa - 120 C S ~ 300,000 kPa m > 0,300 - 120 C Report I I I Cc:-34 I'~ "', I I I I I I I I 11 ! ; 11 I: .; I: Materials and Research I Ii ~ . . (a) This 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 stiffness is below 300,000 kPa, the direct tension test is not required. If the creep stiffness is ~ 300,000 kPa, the Direct Tension Failure Strain value shall be reported. The m-value requirement shall be satisfied in either case. If modification is required, the composite materials shall be thoroughly blended at the supply facility prior to being loaded into the transport vehicle. All blending procedures, formulation, and operations shall be approved by the Office of Materials and Research. 2. Certification: Certified test results of laboratory blends for proposed 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 lest results are known. CC-35 May 21, 1998 ,. ." I.~~. ~: :;.. 0.; ,; " I' I I I, I I I 1 I I I 1 Ii I I I", DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION 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 in 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 751-lm 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. 0, Group I or Group II 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 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. c. c.. - '5 Co ," ;_~;'828.01 (Continued) I I I I I I II It ! 1\ i ; , I I I I I , 1.1 F. On projects designated at Mix Design Level A, as design,ated in the project Plans or project General Notes, the Asphalt Cement (AC) used in all mixtures may, at the Contractor'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. 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 820,01. 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 atlhe discretion of the Contractor. 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 of local sand shall be limited to Asphaltic Concrete 25 mm Superpave mixtu'res 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. CL-31 ,t 828.01 (Continued) I'''>:" '..' --'r '. "'0' I I I I I I Ij II I 11 ! I I I I I I i IJ 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 11m Sieve 12-70 % Passing 75 11m 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. This chart uses a unique graphing technique to judge the cumulative particle size distribution of a blend. The ordinale (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. The 0.45 power maximum density line is drawn from the origin to one hundred percent (100.0%) passing the maximum sieve size. cc: - 325 I.~ ~; I: I: I I I I I I I I I I I I I IJ Mixture Control Tolerance Asphaltic Concrete Grading Re uirements 37.5 mm Sieve :t6.0 25.0 mm Sieve :t6.0 19,0 mm Sieve :t6.0 12.5 mm Sieve :t5.6 9.5 mm Sieve :t5.6 4.75 mm Sieve :t5.6 2.36 mm Sieve :t2.0 75 m Sieve TABLE 828.02.A.1. JOB MIX FORMULA AND DESIGN LIMITS 9.5mm Superpave (Level A) 9.5mm Superpave (Level B-D) Percent Passin 100* 100* 90-100 100* 100* 90-100 65-89 ' 90-100 90-100 70-89 55-75 65-85 55-75 48-58 37-47 28-39 23-34 4,0-7.0 4.0-7,0 3.5-7,0 3,5-6,0 * Mixture Control Tolerance not applicable to this sieve for this mix. Note: The Mixture Conlrol Tolerance'for asphalt content shall be :t 0.4%. cc- 3C1 100 90-100 70-89 50-70 19-30 3.0-6,0 ~. 828.02 (Continued) Design Requirements: I': 1 I I I IJ i } I' 1 , i Ii ; I I I I I I 1 I I 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 Desi gn Parameter Desi,gn Criteria a. Percent of Maximum Specific Gravity (%Gmm) at the design 96% number of gyrations, (Nd) (See Note 1) b. % Gmm at the initial number of gyrations, (Ni) Level A <91.5% Level B <90.5% Level C & D <89% c. 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. Asphaltic Concrete 9,5 mm Superpave (Level A) 0,6-1.2 2, All Superpave Mixtures excluded in Item I 0.8-1.6 g. Tensile strength (GDT 66) 1. Ratio (See Note 2) 80% min. 2. Stress 60 p.s.i. min. h. Retention of Coating (GOT 56) 95% min, Note 1: Maximum specific gravity (Gmm) determined in accordance with AASHTO T 209. Note 2: A Tensile Splitting Ratio of no less than 70% may be acceptable so long as all individual test values exceed 100 p.s.i. TABLE 828.02.B.2. SUPERPA VE VOIDS IN MINERAL AGGREGATE (VMA) CRITERIA Nominal Maximum Sieve Size (mm) Minimum % VMA 25.0 19.0 12.5 9.5 12 13 14 15 VMA is to be determined based on effective specific gravity of the aggregate (Gse). Minimum VMA values may be reduced by one percent if the gradation on the 2.36 mm sieve is no more than 5% coarser than the maximum percent passing allowed and the asphalt film thickness is no less than 8 microns. I I j J cc... - 40 I~ ''3' I: '~ I I I I I I j 11 I j \ , I I I I I I I ~g28.02 (Continued) TABLE 828.02.B.3. SUPERP A VE VOIDS FILLED WITH.ASPHAL T (YF A) CRITERIA RANGE MIX DESIGN LEVEL Minimum Maximum A 67 80 B 65 78 C 65 76 D 65 75 TABLE 828.02.B.4. SUPERPA VE GYRATORY COiVIPACTOR (SGC) COMPACTION CRITERIA NO, OF GYRATIONS MIX DESIGN LEVEL Nini Ndes A* 6 50 B 7 75 C 8 100 D 9 125 >Ie This gyratory compaction level shall be used for all Superpave mixes used as shouldenurface mixture, trench widening, temporary detour, or sub-base mixture undeLPortland cement concrete pavement. Note: Asphaltic Concrete 25 mm Superpave mixtures shall be designed at one Mix Design Level lower than specified in the project Plans or General Notes (based on number of gyratory revolutions) except when Mix Design Level A is specified. \ j j cc -41 <828.03 CONVENTIONAL FINE GRADED MIXTURES JOB MIX FORMULA AND DESIGN LIMITS ;~ ~~ I~' , ~ I.. . I ~. . I... .~. I I I I II . ~ II i j I I ,* Mixture Control Tolerance not applicable to this sieve for this mix. 1 1 1 Note: This mixture shall be designed at Level A and compacted with the Superpave Gyratory Compactor. I I I I I I I Ij Cc.-4t MIXTURE CONTROL TOLERANCE TYPE MIXTURE 4.75 mm GRADING REQUIREMENTS :!:O.O % Passing 12,5 mm Sieve 100 :!:5.6 % Passing 9.5 mm Sieve 90-100 :!: 5.7 % Passing 4.75 mm Sieve 75-95 :t4.6 % Passing 2.36 mm Sieve 60-65 :t 3,S % Passing 300 11m Sieve 20-50 :t 2.0 % Passing 75 J-lm Sieve 4-12 DESIGN REQUIREMENTS :!:OA Rang:e for % AC 6.00 - 7,50 nla Design Optimum Air Voids (%) 4-7 n/a % Ag:greg:ate Voids Filled with AC 50-SO Tensile Splitting Ratio After n/a Freeze Thaw Cycle (GDT 66) Min, O.S nla % Retention of Coating 95 (GDT 56) - , 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: PA Y ITEM DESIGNATION EXPLANATION OF AGGREGATE GROUPS ALLOWABLE I I I I 1 Il Group I or II 100% Group I, 100% Group II, or any blend of the groups may be used. Group II only 100% Group II only is required. Blend I Either lOO% Group II material or a blend of Group I and Group II aggregate is allowed, The Group I fraction shall not exceed 60% by weight of the lotal aggregates nor contribute more than 50% by weight of the coarse aggregate portion. I : 828.05 RUTTING SUSCEPTIBILITY 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 Contractor or Independent I ' Testing ~aboratory, : The rutting susceptibility test will be conducted according to GDT Test Procedure 115. Each mix will I have 3 beam or 6 cylindrical specimens fabricated and tested. If the 'average rut depth for the specimens exceeds 0.2 inch for Superpave mixes that asphaltic concrete mixture shall not be used in the Work. 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Note: Temporary Erosion Contro/ltems shali be used as directed by the Engineer, Note: The local Government shall be responsible for placement, maintenance, and inspection of traffic control devices, Note; The Department of Transportation's participation in constructing this project is limited to the items set up for payment under this contract. Any items or work required and not covered by this contract will be the responsibility of the county and at no cost to the Department of Transportation. "cc-4-1