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Home My WebLink AboutOglethorpe Rampano 6th Street Entrance Augusta Richmond GA DOCUMENT NAME: C4 W1"" ...(!)~pe ~'" ~ AVO (0 -IJI-c:; 11'1<6 T bvr UMlCb" DOCUMENT TYPE: COrJf(AC., YEAR: 1qq7 BOX NUMBER: ry FILE NUMBER: J 41 S ~ NUMBER OF PAGES: /"-7 ;;2 , . ~*}~/5~ ; . .' . ;, .,", "', ,",1 I .! I' I I I I I' I I I: Ii CONTRACT DOCUMENTS FOR AUGUSTA RIVERFRONT IMPROVEMENTS, OGLETHORPE RAMP. & SIXTH STREET ENTRANCE Prepared for AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL , -. I~ Ii I Larry E. Sconyers, Mayor Freddie Lee Handy, Mayor Pro-Tern Lee Beard Ulmer Bridges Henry H. Brigham Jerry Brigham Bill Kuhlke, Jr. William H. Mays, III James B. Powell Moses Todd Rob Zetterberg - . - - ! - : Prepared by r- r CRANSTON, ROBERTSON & WHITEHURST, P.C. ENGINEERS - PLANNERS - SURVEYORS 452 ELLIS STREET - P.O. BOX 2546 AUGUSTA, GEORGIA 30903 September, 1997 I I I I I I I I 1 I I I I I I I POST BID ADDENDUM NO.1 The "Transportation Enhancement Activities Agreement" between the Department of Transportation and Augusta-Richmond County dated August 21, 1998 and Supplemental Agreement dated January 5, 1999 are hereby made a part of this agreement. - - I I I I I I I I I I I I I I I I 1 - ... .. ' LJ/C 9 7 v 6 '":l-7 I Co c. f -; TV 76' I PRE-BID ADDENDUM NO.2 FOR mE CONTRACT DOCUMENTS FOR THE OGLEmORPE RAMP AND SIXTH STREET ENTRANCE NOVEMBER 20, 1997 1. SECTION: Proposal~ Page P-3, Delete Bid Item Number Seven (7) in its entirety. 2. Add Exhibit "B", "e" and revised drawing C-03 to show grab rail to be installed on railings and walls. 3. Add Exhibit "0" to clarify Bid Item #5 in II. Sixth Street entrance, Page P-3. I I. I I I I I I I I I I I I I . . CORE 5" HOLE. FlLL HOLE WITH NON- METAUC HYORAUUC CEMENT AND FORCE INSERT INTO CEMENT UNTIL PLA TE COMEO IN CONTACT WITH BRICK WORK. CLEAN SURFACES I Yv<3x 0, 187S RA I L.. . ~ . ~ - U') 1/2- EXPANSION JOINT . CO . CO 3000 P .S.I CONCRETE TYPE "8" POST SETTING DETAIL SCALE: 1- = 1'-0. " II eXHII3J/ 15 . ,.., RAIL. STEEL ruB/NG (t=J/IS") TOP & BOTTOM ...J < a:: ..... n ...J < a:: ..... o :> w cj · C> COz I- . 0 ""z < ...J E I I I I I I I I I I I I I I I J Y'Z- ';t 3 X O.H$1~ f..A~L ~ 'It -::; . II I' ex J.i tiS IT c: /~EE RAil CONNEC110N OEl /-........,-L \ , A r., 1-... 3/~ , / / SEE MOUNTING DETAILS POST INTERVAL IS EVENLY SPACE ON PLANS. NOT MORE THr ELEVA TION SCALE: 1" = 1'-0" r 2 1/2" X 1 1/2 X .25" STEEL lUBE. WE VARY DIMENSIONS TO PRODUCE SNUG FI INTERCEPTABLE LA TERERAL MOVEMENT e I I I I~ , \ I ii ~ \ lAJ 1'\ I~ u \ \ ~ I~ \\ ~ \~ " r- ~~1 <: kI I <: ~ ~ ~ ~:t.J ~ .~,.....- (,j <: ~ = tS \- : ~t..iE :tVI'" - ~ II II Q. ~ ~ ~ .~- . a i ~1 t. a I ~ I- co , 1--8 H e5 kI ....... ~ d n,... 0::: ~ - ~ t-.: ~ !l.. ,,.,. 0 ~ ~ v..~ ---1e -- ~ "l( Q:: ~ il:~ :i ~ ili os 'I=- i-: ~ ~ ceo ''''''' J;;:: ~~ ~ Q::(.) D -~I ~ :I: 0- tn ~ -~ ""'- ~ S1REEl ~ -t.- - _7 ~ ~ It') ~ - -----T \ \ \ ~ ..,J ~ kI 9 (f) ~(,) ~~ a::~ C)c ....1)::: ~ l s ~ I. . to. . I I I I I I I I I I I I I I I . - ... ", ' # I;) - L1 If- Cj 74 )-t!j - , ~ 17 PRE-BID ADDENDUM NO. 1 FOR THE CONTRACI' DOCUMENTS FOR THE OGLETHORPE RAMP AND SIXTH STREET ENTRANCE NOVEMBER 13, 1997 1. SECTION: Information for Bidders, Page IFB-l paragraph Four: Change sentence Four to read "Sixty (60) Days"; Delete "Fifty (50) Days". 2. SECTION: Information for Bidders, Page IFB-l, paragraph Seven: Change sentence one to read "Ten Percent"; Delete "Five Percent".. 3. SECTION: Proposal, Page P-5, last paragraph, last sentence; Change last sentence to read "Ten (10%) Percent"; Delete "Five (5%) Percent". 4. SECTION: Proposal, Page P-6, last paragraph, only sentence; Change "Fifty (50)Days" to read "Sixty (60) Days". 5. SECTION: Agreement, Page A-I, 3. Change" Calendar Days". Calendar Days" to "150 6. Add Exhibit "A", attached, to the drawi~gs to more clearly define the sprinkler and landscaping limits at the Sixth Street Ramp. 7. SECTION: Proposal, Page P-2, delete item "E. Mobilization in its entirety. 8. SECTION: General Conditions - 35.1, delete "Three (3) sets of marked up drawing" and insert "One (1) set of reproducible drawings". "- 9. SECTION: Special General conditions, Page SGC-3, delete item number" SGC-12. Bypassing Sewage" in its entirety. ADM 1 !J V\ ~ ~ ..... '> ~ ~ \~ --- tJ. en :3 ob o~ Z II F=: co L5~ en ~ .. .. 0::: ~ z o F <t lJ ct: 0::: ~ j en \ ~ - -1 \, ) ":~~.. -=" .... ~~~. .' ~ ~....-- ~ . . ~~\-.. . . .... .... .... ,." -'''''''<il.k ...... .. . .. , .. . ~.~+~~~~.:.. ~ ...." ~ ~;'..: ~:" ~ -,.., ...... ......... ........ j} ~ c~ ......~ . ~~"Y' 6TH. STREE~ IJt::L TU =ii=t. I=r=E ....~. . ....... ..:: ." ,,~ ~ :~.:~. - . :~. .i~r=:=t~: ',. ':'d~' ::}#' . ,...;~, ' :.,,'..'" . ...:1.... .. ..."':':...~' . ~ "::~:: . . :..... '.;~.'. :;.t: '.E;';'."_Oo" " . - "~o:.;. :;.;'~:i!~~:Y{~:~.Y::-.~-: :;::}1;:;:: _'.' .:. ;~;~.~r:: :". '~:::;L~~i~ . . '.' .-:' ....: '.~~:.:. ~r::..:~.~~:::'~:. ,.:' ~ " .~: - .": .,.. ~'r.:':'': ,~, .1: ; ":'....~ ;' .. .. - j . '. ~ ~ ..0 .:' -',', ~~-:.: . ::" '0 ..:.!!., . :'.~:h:"~l;: 0: ... :-'.~:i~:"':'~'" 1 ., .....,:.... ..,,"t........"':.... . H~:.. [ . ~ .. . 0"' 0:0. -:.. Ia: 3Noa 3a: ";-'l"'HS tTN"'" a3~InIft3~ ..:.{ .". "'::~":'.:'. .: .... ~;t.., , :;..;:~:~.,,: ,"3,:;";'.~.;i.~~i;' ^ ... ". :,,,, I V U. V CUe .:t""~'i', ":i.',." ,_,'" . . -. '. .;:..;..);;;... ..:~. . lb:. :.~;,d~'..i';':':l!; .;' .fl. 'a~::'. .~: ..... -, ~~-!?,"" . . -..........~.....i1!.,-.. , ...... ,t't-r' . .'.. .~. ........I..~!!3. 1.1 .." ....I...l"l:'f:i: t,;:...- ~., -I a3zI~.. 3a:,.1}:'1'v'HS.' -3~ 11\..._lD~U.NDJ\:~ij~~:. ,.::.,.:;'::.;.~~::.... ..!::.._;:.~.,:'~~::~!.... ....::.:~.~;:.:!~~;;;:..~::::".;:;!~...: - ~d CI~V:. a3dd3~d' ~3SI~;r". ^1'V!f: O't:~':~:;~~:;"::i ...::.'~:...:. ......' ::,.:.:',:;:.:;.:k/:;.~;-:,;..:;:::;;.:;;!;'::;:. :~:.... ] ~13S E~g. "'\1~~ "~rrw":]U : \.1"'3111 ~ :;....-.. ....1... ,. ,. '... I I I I I. I I I I.: II I ~- Ii'"'" I I: . _r I. Principal Engineer and Planner 2. Electrical Engineer 3. Landscape Architect DESIGN GROUP Cranston, Robertson & Whitehurst, P.C. P.O. Box 2546 Augusta, Georgia 30903 (706) 722-1588 Electrical Design Consultants 1201 Broad Street Augusta, Georgia 30901 (706) 724-3551 Roger W. Davis 120 Fifth Street Augusta, Georgia 30901 (706) 724-4666 1 I I I I I I I I 1 I I I I INFORMATION FOR BIDDERS . . Bids will be received by Augusta-Richmond County Commission-Council, Georgia, (hereinafter called the "Owner"), at the office of the Purchasing Department until , and then at said office publicly opened and read aloud. Each bid must be submitted in a sealed envelope, addressed to Mayor and Augusta- Richmond County Commission-Counci, c/o Geri Sams, Purchasing Department, Room 207, City- County Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on the outside as bid for OGLETHORPE RAMP & SIXTH STREET ENTRANCE and the envelope should bear on the outside the name of the bidder, his address and his license number, if applic~ble. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Mayor and Augusta-Richmond County Commission-Council, c/o Geri Sams, Purchasing Department, Room 207, City-County Municipal Building, Augusta, Georgia 30911. All bids must be made on the required bid form. All blank spaces for bid prices. must be . filled in, in ink or typewritten, and the bid form must be fully completed'and execute~. when submitted. Only one copy of the bid form is required. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within Fifty (50) days after the 'actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. . Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including addenda. Afte~ bids ha\:,e been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Contract Documents contain provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a bid bond payable to the Owner for five percent of the total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been executed and approved, after which it will be returned. A certified check may be used in lieu of a bid bond. r A performance bond and a payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required for the faithful' performance of the Contract. IFS-l I I 1 I I I I I I 1 I I I I Attorneys-in-fact who sign bid bonds or payment bonds and perfonnance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement . and obtain the performance bond and payment bond within ten calendar days from the date when' notice of award is delivered to the bidder. The notice of award shall be accompanied by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement, the Owner may at his option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the Owner. The Owner within ten days of receipt of acceptable performance bond, payment bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. .Such notice of withdrawal shall be. effective upon receipt of the notice by the Owner. The notice to proceed shall be issued within ten days of the execution of the Agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and the Contractor. If the notice to proceed has not been issued within the ten day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to . reject any bid if the evidence. submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated therein. A conditional or qualified bid will no~ be accepted. A ward will be made as a whole to one bidder. All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout. - - . Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. - The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the Owner. Inspection trips for prospective bidders will be conducted by the Owner if requested in writing by the bidder. Such request shall be directed to the City Engineer by the bidder. The engineer is the City Engineer. IFB-2 I I 1 I I I I 1 I! I I"~ I. SUPPLEMENTAL REOUIREMENTS A) D.B.E. (Disadvantaged Busnness Enterprise) participation rate = 5% of the total project cost. Prospective D.B.E.'s must be certified by the Georgia Department of Transportation EEO Office. BIDDERS MUST IDENTIFY CERTIFIED D.B.E'S PROPOSED FOR THIS PROJECT ON SC-18. Note the D.B.E forms and information are on pages SC7-SC19 of the contract documents. B) For bids in excess of $500.000. prospective bidders must be pre-qualified with the Georgia Department of Transportation. C) Contractors and subcontractors must comply with the A.D.A. (Americans with Disabilities Act). D) Contractors and subcontractors must comply with the following: WORK STOPPAGE In the event of the discovery of significant archaeological remains. construction shall be stopped' and the CONTRACTOR shall notify the OWNER. who shall notify the Georgia Department of Natural Resources of the discovery. In this cont~xt. to be significant." such remains would have to be able to provide important and non-redundant information that could not be obtained from other sources. The CONTRACTOR shall notify the OWNER, who shall notify the Georgia Department of Natural Resources of the discovery of intact cultural features such as. but not limited to. foundations and wells. The construction shall remain stopped until the Ge<;>rgia Department of Natural Resources has completed their evaluation of the remains. iii IFB-3 I! . II, 1'- I;' I' I I, I:" II If I 1''', SECTION DB BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto Augusta-Richmond County Commission-Council, Georgia, as Owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this day of , 19_. The condition of the above obligation is such that whereas the Principal has . submitted to Augusta-Richmond County Commission-Council, Georgia a certain Bid, attached' hereto and hereby made a part hereof to enter into a contract in writing for the construction of Oglethol:,pe Ramp & Sixth Street Entrance. I I I I I -, NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) Ifsaid Bid shall be accepted and the Principal shaH execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection I therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shaH be void, otherwise the same shall I remain in force and effect; it being expressly understood and agreed that the liability " . I -! 88-1 I. I I I I I I I I' I, I' I! I" I I 1:- Ir~ 1('- I;' of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which ~he Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the. Principal and the .Surety have hereunto set these hands and seals, and such of them as are corporations have caused their- corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. L.s. (Principal) (Surety) By A TIORNEY IN FACT SEAL BB-2 I I I I r- I I I I I I I I I I I .. - PROPOSAL FOR OGLETHORPE RAMP & SIXTH STREET ENTRANCE Augusta-Richmond County Commission-Council Municipal Building Augusta, Georgia 30911 Gentlemen: follows: The undersigned as bidder, herein referred to as singular and masculine, declares as 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He understands that information.relative to existing structures and underground utilities as furnished to him on the drawings, Contract Documents or by the City Engineer, carriers no guarantee expressed or implied as to its completeness or accuracy and he has made due allowances therefor; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted, he will contract with Augusta- Richmond County Commission-Council, Georgia, to furnish all machinery, tools, apparatus and other means of construction and to. do all work and furnish all materials called for in accordance with requirements of the City Engineer and.the true intent of the Contract Documents and that he will take in full payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. NOTE: Bidders must bid on each item. BID SCHEDULE (Schedule ofItems) ITEM NO. DESCRIPTION, QUANTITY, UNIT & UNIT PRICE AMOUNT I. OGLETHORPE RAMP A. SITEWORK -- r" J -. I. Clearing and Grubbing with Off-site Disposal Lump Sum $ 8.500.00 -r" 2. Selective Clearing and Pruning with Off-site Disposal Lump Sum $ 3,400 00 P-I I r- I I I I I I I I I ;' I. !- I I I ITEM NO. DESCRIPTION, QUANTITY, UNIT & UNIT'PRICE 2.' Soil Erosion and Sedimentation Control Measures Including Continual Maintenance of Measures Lump Sum Mobilization Subtotal OGLETHORPE RAMP TOTAL II. SIXTH STREET ENTRANCE A. SITEWORK . - !!!! - r t I. Construction Staking Lump Sum . 2. Sixth Street Entrance Pavement Sections Complete with . Bricks, Granite, and All Appur:renances Except Engraving, Trash Receptacles, Utilities, Electrical, Irrigation and Landscaping 10 Sections Each@ $ 558'. ~ lEach 3. Sixth Street Entrance Columns Complete Except for Electrical 2 Each @ $ It/iS'. !h. lEach 4. Sixth Street Entrance Retaining Wall Complete with Handrails & All Appurtenances Except for Electrical, Irrigation and Landscaping 95 $ g'lR.. I" IL.F. L.F.@ 5. Sixth Street Entrance Concrete Curb from Existing Concrete Apron to Column Lump Sum 6. Sixth Street Entrance Grading Lump Sum 7. Repair Existing Column and Wall at Church Entrance Lump Sum P-3 . AMOUNT $ 8.500.00 $ 8.500.00 ~R7 .001 CiCi $ 8,000.00 $ 55.836.00 $ 2,890.80 $37,256.15 $ 750.00 $27.000.00 $ 0.00 (- ( r P-4 I I I I I I I I I I I I I " I I ITEM NO. E. DESCRIPTION, QUANTITY, UNIT & UNIT PRICE MOBILIZATION AMOUNT I. Bond Premium, field Office, etc. Lump Sum $ 37,000.00 2. Soil Erosion and Sedimentation Control Measures Including' Continual Maintenance of Measures Lump Sum $ 5,000.00 Mobilization Subtotal $ 42,000.00 SIXTH STREET ENTRANCE TOTAL $200. 528. 75 GRAND TOTAL StR7 ,1:\10 10. The Contract covering the construction of all work described above will be completed within tiP. calendar days from the date specified in the "Notice to Proceed!' of the City Engineer for: . 3?~ NUll JluNPeeD 116111'1 56V5N TJI/)I/~N/J. FIve f/IIJJOeBKJ ?Hle.rt 1 tJO-- , . Dollars ($t'11.530 .~ subject to reductions, additions and deletions provided herein on -the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in Section 15' of the General Conditions. It is understood that the Owner to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum PR.ESIP NO. / PRE13I() No. t Date - The undersigned bidder understands and agrees that should the Owner accept this! proposal, the bidder will within ten (10) days from the date of notification of acceptance of his, proposal, execute the contract and furnish the Owner with satisfactory performance and payment I bonds in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed' herewith is a Bid Bond or a Certified Check in the amount of ( -. . I Dollars ($ ) being not less than five (5%) percent of the total base bid sum. 1>-5 I I I I I I I I I I, I (- I ~ ~ Should the bidder fail to execute the Contract and furnish the Performance and Payment Bonds'in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check, it may be cashed by the Owner and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The undersigned by submittal of this proposal, agrees that the above stated amount is proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds. The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. Non-Collusion I hereby certify that I have not, nor has any member of the firm(s) or corporation(s), either directly or indirectly, entered into any agreement, participated in any collusion, nor'otherwise taken any action in restraint of free competitive bidding in connection with this submitted bid. It is understood and agreed that this Proposal is one of several competitive bids made to the OWNER, and in consideration of mutual agreements in hand paid, receipt whereof is hereby acknowledged, the undersigned agrees that this Proposal shall be an option, which is hereby given by the undersigned to the OWNER to accept or reject this proposal at any time within fifty (50) days from the date on which this sealed proposal is opened and read, and in consideration of the premises, it is expressly covenanted and agreed that this proposal is not subject to withdrawal by the Proposer or Bidder, during th~ term of said option. (YlabW) Cons truoh ~I) (!J), -:fru__ Nanle of Bidder 1/- Sign TItle ofwesIJ~,,-+ Autliorized Representative gj& mol~~~diSoo--d ~LL~-\-(!. ,GA g.oqo j City and State If: I' I . 1/; Date:~ . r_ .~ ~I -, P-fi 1 I :' I ,- j I I' I II I I I I' f I I 11 I r- I r I \ I r" I SECI'ION ~ NOTICE OF AW A TO: PROJECT DESCRIPTION: OGLETHORPE RAMP & SIXTH STREET ENTRANCE The Owner has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated . and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $ You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within Ten 0..0) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within Ten (lQ.) days from. the date of this Notice, said OWNER will be entitled. to consider all your rights arising out of the, OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by la~. . You are required to return an acknowledged copy of this NOTICE OF A WARD -to the OWNER. Dated this day of , 199_. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF A WARD is hereby acknowledged on this _ day of , 199_. . BY: TITLE: NA-I I I I' I I I I I I I I' I I Ii I 1/-- II~ I r-' II" SriiTIOM AGI EME THIS AGREEMENT, made this ~ day of /YIItJt.cK 199.1. by and between the Augusta-Richmond County Commission-Council as Successors by Consolidation to the City Council of Augusta, hereinafter called "Owner" and fV/1J81J~ (bJ/5f2Ut..f/OIJ 0,. rN~. doing business as a corporation hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: 1. The Contractor will commence and complete construction of OGLETHORPE RAMP & SIXTH STREET ENTRANCE 2. The Contractor will furnish all material, supplies, tools, equipment, labor and other se~ices necessary for the construction and completion of the project described herein. 3. The Contractor will commence the work required by the Contract Documents within Ten (lQ) calendar days after the date of the Notice to Proceed and will complete same within _ /80 calendar days unless the period of completion is extended otherwise by the Contract Documents. 4. the 5. The term "Contract Documents" means and includes the following: Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement PerformancelPayment Bond Certificate of Owner's Attorney Notice to Proceed Change Order General Conditions Supplemental General Conditions Special Conditions Technical Specifications Drawings Addenda: No. L, dated~, 19!1:1 No. 2,., dated.1Lf.!.J-, 19,2.7 No. _, dated , 19_. A-I I I I I I I I I I I I I I .. I " I, Ir II I r- 6. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed or 'caused to be executed by their duly authorized officials, this Agreement in -B.... (number of copies) each of which shall be deemed an original on the date first above written. ~ i ~JJI BY: : qr NAME: TITLE: S A-RICHMOND COUNTY COMMISSION-COUNCIL ~ (SEAL) A7lk~~ . NAME:~.~' TITLE: .~ .. . CONTRACTOR: . 1flI'nbu..s CDII1S~ On AME: 'Art.6ndtf)t- ADDRESS:qU" rnoJlCf fJord (/d. ~v..~laA BOiOI (Type or Print) TITLE:~rtJl. &crl,tfJtJ/~ I'" . A-2 I I I I I I I I I I I.: I I I If I II SECTION PH PERFORMANCE BOND THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That MQ.bu t;COlf\S~I'O{\ CO j Inc. , as Principal, hereinafter called Contractor, and ~ ::r:..1t\ 5U.m.V\c'f'...(Pm:pQV\Y , a corporation organized and existing under the laws of the State of ...1\ \ i '^ 0 is, with its principal office in the City of E\J Or! s+o n (NOTE: , State of ..1:.\ \ i V\ l> l' 5 , as Surety, hereinafter called Surety, are held and fin:nly bound unto Augusta-Richmond County COllU}1is . on-CQuncil; Geo gia, as j?bligee, hereinafter called the Owner, in the penal amoun~ of Fa ( u."d(e oe. 0 \1 7 .s~\Je.t\ "'g~ ~o' Dollars ($~rfor the payment whereof Contractor and Surety. bind themselves, Jheir heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance ofa certain written agreement. WHEREAS, Contractor has by said written agreement datedMItecf/ ~ rc;v:lr I _ entered into a contract with Owner for the construction of Oglethorpe Ramp & Sixth Street ' . Entrance, Augusta, Georgia, in accordance. with the drawings and specifications issued by Cranston, Robertson & Whitehurst, P.C. which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. ; C" Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (I) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default ora succession of defaults under the contract or contracts of completion ~anged under this paragraph) sufficient funds to pay the cost of completion less the balance of the PB-l I I I I I I I" I I Ii' I I I' Ir contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the e~piration of two (2) years from the date.on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corpo~tion other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 23 day of ~ A.D. 1991. Witne Attest (Seal) ontractor) ~~) . -I- (Title) Witness ~.L. ~~.A.L:>__.:r- Attest lfi 'UJ;,,~~ ~AM~h--' Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. COUNTERSIGNED '1 '" BY: . r . - f' ~ r /. PB-2 I I I I I I I I " I I I I I I I I I II r- SECTION PH LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PERFORMANCE BOND ON PAGE PB-l, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: That.Ma.bIA s CD~~ifll'\ 0o.:JI,,\C. " as Principal, hereinafter called Contractor, and MnrKt'.\ l.J^4U(~II\r-eJ~O~ a corporation organized and existing under the laws of the State of :Ill i i\n is, with its principal office in the City of E \I a VI r,+o ^ , State of :aL' III () i s , , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council Georgia, as Obligee, hereinafter called t,he Owner, for the use and benefit of claimants as hereinbelow defined in the amount of .f~\lP' ~\klf\d"'~~ oLl'ld -30/( 60 - Dollars ($187f6~O i3t1) for the payment whereof Contractor and Surety .bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly, by these presents. WHEREAS, Contractor has by written agreement date~ It z.. ~ I~'red into . a 'contract with Owner .for the construction of Oglethorpe Ramp.& Sixth Street Entrance, Augusta, Georgia in accordance with drawings and specifications issued by Cranston, Robertson & Whitehurst, P.C., which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for aU labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use i~ the performance of the contract, labor and material'being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or. sums as may be Justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. ,. . I ! PB-3 I I I I I I I I I I. I I I' r If i Il II II I r.' t-' I (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accur~cy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. . (b) After the expiration of one (1) year following the date on which Contractor ceased. work on 'said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited, by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim f<?r the amount of such lien be presented under and against this bond. PB-4 I I I r I I I I I I I! I I I I r I r' I f- I r-. I rOo Signed and sealed this 2: 3 day of M A R~ L,.:I A.D. 1991., Witne~~ Attest~' Witne~s ~lLro ~.At Attest " ~ ~ rJ"r\ JJ J\ V'wv\Q ~ r (r'Ok'V ~Nl-'-;-::~S"'t,~'\l"';z" ,/ Ib#V', .L..:' .........;l::.>rl< 3V:_f'~M)At'."n." (.,,}f .J.k ," " . ~~'!"'~ J1Ikhu~rav\sYo(\ ~.~fI (Seal) (tontractor) h~) I~+- (Title) .. By 'I (Se~l) (Title) Note: Date of Bond must be prior to date of Contract. If Contractods Partnership, all partners should execute Bond. - i' PB-5 ., , POWER OF ATTORNEY....Am! CERTIFICATE OF AUTHORITY OF ATTORNEY(Sl-IN-FACl' \. , . . ~ KNOW ALL MEN BY THESE PRESENTS: That Markel Insurance Company ("Corporation"), a corporation organized and existing under the laws of the. State of Illinois, with its main office at Shand Morahan Plaza in the City of Evanston, Illinois, and the administrative office at Richmond, Virginia, does hereby nominate, constitute and appoint, for the purpose stated herein, Cameron M. Harris of Columbia, Inc., Columbia, South Carolina, acting through its staff, C. Criss Williams, Jr. or Laura W. Dennison, its true and lawful attorney(s)-in-fact, with full power and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and States where the Corporation is qualified to act as an admitted insurer, all bonds, recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation with a limit of liability not to exceed $5,000,000 per writing; and the execution of such bonds in pursuance of these presents shall be as binding upon said Markel Insurance Company to all intents and purposes as if duly executed by its Chainnan, Vice Chainnan, President and Chief Operating Officer, Executive Vice President, any Vice President, sealed with its corporate seal, and attested by its Secretary or Assistant Secretary. This Power of Attomey and Certificate of Authority shall only be valid if evidencing original or facsimile signatures and only if the raised seal of the Corporation is affixed hereto; no copy, certified or otherwise, shall have any validity or effect. This Power of Attorney and Certificate of Authority is made and executed by authority of a resolution adopted by the Board of Directors, of which the following is a true and exact copy. "RESOL VED: That, pursuant to Section 8.6 of the Corporation's Bylaws, the Chairman, Vice Chairman, President and Chief Operating Officer, Executive Vice President, any Vice President, and Secretary, and any Assistant Secretary are hereby authorized and empowered as the Corporation's attorney-in-fact, to make and execute on behalf of the Corporation, in Illinois and States where the Corporation is qualified to act as an admitted insurer, bonds, recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation and are further authorized and empowered to select and appoint individuals as its attorney-in-fact, with full power and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and States where the Corporation is qualified as an admitted insurer, all bonds, recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation; provided further, that the liability of the Corporation on any such writing executed under this authority shall not exceed $5,000,000; also to execute such instruments as may be necessary or proper in connection with the settlement of claims or the recovery of reinsurance or salvage. IN WITNESS WHEREOF, Markel Insurance Company has caused these presents to be signed by its duly authorized officer and the Corporate Seal to be hereunto affIXed this 24th day of April , 19..21-. By: COUNTY OF HENRICO ) COMM:ONWEAL TH OF VIRGINIA ) The foregoing instrument was acknowledged before me this 24th day of April Garry W. Black . 19...2L by &Jf~va2 Nor:f~c My Commission Expires: June 30. 2000 CERTIFICATE I, the undersigned, Assistant Secretary of MARKEL INSURANCE COMPANY, a stock corporation of the State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Administrative Office of the Company, in the City of Richmond, State of Virginia, Dated this day of ,19__. By: ~4aJ J. ~:i. Myra Hey, Assistant Secreta I I I I I I I I I I I I I r II I I I I r I r'" I i CERTIlFICA TE OF OWNER'S ATTORNEY I, the undersigned James B. Wall , the authorized and acting legal representative of Augusta-Richmond County Commission-Council do hereby certify as follows: . I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof. DATE: -zj;fJ49 COA-I I I I I I I I I. I I I I I II I I SECTION & NOTICE TO PROCEED TO: DATE: PROJECT: OGLETHORPE RAMP & SIXTH STREET ENTRANCE You are hereby notified to commence work in accordance with the Agreement dated , 199_, within Ten (10) calendar days following this date, the date first written above, and you are to complete the work within <_) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore . 19_. . BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted on this day , 199_. of BY: TITLE: I r- !" NP-I I I I I I I I I I I I I I I I I r [ I ro, r' GC-O 1. GC-02. GC-03. GC-04. GC-05. GC-06. GC-07. GC-08. GC-09. GC-I0. GC-ll. GC-12. GC-13. GC-14. GC-15. GC-16. .GC-17. GC-18. GC-19. GC-20. GC-21. GC-22. GC-23. GC-24. GC-25. GC-26. GC-27. GC-28. GC-29. GC-30. GC-31. GC-32. GC-33. GC-34. GC-35. GC-36. SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section Definitions Additional Instructions and Detail Drawings Schedules, Reports and Records Drawings and Specifications Shop Drawings Materials, Services and Facilities Inspection and Testing Substitutions Patents Surveys, Permits and Regulations Protection of Work, Property and Persons Supervision by Contractor Changes in the Work Changes in Contract Price Time for Completion and Liquidated Damages Correction of Work Subsurface Conditions Suspension of Work, Termination and Delay Payments to Contractor Acceptance of Final Payment as Release Insurance Contract Security Assignments Indemnification Separate Contracts Subcontracting Engineer's Authority Land and Rights-of-Way Guarantee Taxes Work Adjacent to Railway or Other Property Order and Discipline Warning Devices and Signs Special Restrictions As-Built Drawings Contractor Not to Hire Employees of the Owner GC-l Page No. 1 4 4 4 5 5 6 7 7 8 8 9 .9 9 10 10 11 11 13 14 14 16 16 17 17 18 18 18 19 19 19 19 19 20 20 20 I I I I I I I I I, I I I I I, I I - r- I GC-Ol. DEFINITIONS: Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agr~ement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletion, clarifications or corrections. 2. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed. 3. BIDDER: Any person, firm or corporation submitting a bid for the work. 4. BONDS: Bid,'Perfonnance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents or authorizing an adjustment in the contract price or contract time. 6. CONTRACT DOCUMENTS: The contract including Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Order, General Conditions, Supplemental General Conditions, Special Conditions, Technical Specifications, Drawings' and Addenda. 7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 8. CONTRACT TIME: The number of calendar day~ stated in the Contract Documents for the completion of the work. 9. LIFE OF THE CONTRACT: The total duration of the contract from Notice to Proceed to completion of all the work. 10. CONTRACTOR: The person, finn or corporation with whom the Owner has executed the Agreement. 11. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the work to be performed and which have' been prepared or approved by the Engineer. : 12. ENGINEER: The person, firm or corporation named as such in the Contract Documents.; i 13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time issued by the Engineer to the Contractor during construction. 14. NOTICE OF A WARD: The written notice of the acceptance of the Bid from the Owner to. the successful Bidder. GC-2 I I I I I I I I I I I I I I I 15. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and. establishing the date of commencement of the work. 16. OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom the work is to be performed. 17. PROJECT: The undertaking to be performed as provided in the Contract Documents. 18. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the project site or any part thereof. 19. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the .Contractor, a Subcontractor, Manufacturer, Supplier or ' Distributor, which illustrate' how specific portions of the work shall be fabricated or installed. 20. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical na~re or materials, Iquipment, construction systems': standards and workmanship. 21. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor or any other Subcontractor for the performance of a part of the work at the site. 22. SUBSTANTIAL COMPLETION: That date as certified by the Engineer. when the construction of the project or a specified part can be utilized for the purposes for which it is intended. 23. SUPPLEMENTAL GENERAL CONDITIONS: Modifications.and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it is a part. 24. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment-for . the work, including that fabricated to a'special design, but who does not perform labor at the site. 25. WORK: All labor necessary to produce the construction required by the Contract Documents and all materials and equipment incorporated or to be incorporated in the project . 26. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. iiii GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRA WINGS: r' I I 1. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. - r- I GC-3 I I I I I I I I I I I I I 2. The additional drawings and instructions thus supplied will become a part of the Contract Documents.. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. GC-03. \ SCHEDULES. REPORTS AND RECORDS: I. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning the work performed or to be performed. 2. Prior to the first partial payment estimate, the Contractor shall submit schedules showing the order in which he proposes to carry on the work, including dates at which he will start the various parts of the work, estimated date of completion of each part and as applicable: 2.1 the dates at which special detail drawings will be required; and 2.2 respective dates for submission of shop drawings, the beginning of manufacture, the 'testing and the installation of materials, supplies and equipment. . 3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the course of the work. GC-04. DRAWINGS AND SPECIFICATIONS; 1. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials~ tools, equipment and transportation necessary for the proper execution ofthe work in accordance with the Contract Documents and all incidental work necessary to complete the. project in an acceptable manner, .ready for us, occupancy or operation by the Owner. 2. In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on draWings shall govern over general drawings. - 3. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or 'specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing.' Work done by the Contractor after his ~iscovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. r' I I 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. 5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, ,- r GC-4 quality and quantity of the materials to be encountered, the character of equipment and 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 under this contract. No verbal agreement or conversation with any officer, agent. or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. GC-05. SHOP DRAWINGS: I. The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as required by the Contract: Documents. The Engineer shall promptly review all shop . drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop dra~ing which substantially deviates from the requirement of the Contract Documents shall be evidenced. by a Change Orde:-. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawing or sample submission shall not begin until the shop drawing or submission has been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC-06. . MATERIALS. SERVICES AND FACILITIES: I. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time. 2. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor of the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. GC-5 I I i'. I I I I I" I I I. I I I I I I I I (- GC-07. INSPECTION AND TESTING: 1. All materials and equipment c.sed in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. . 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. 4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other that the Contractor, the Contractor will give the Engineer timely notice of readiness. The Contractor will then furnish the Engineer the required certificates of inspection, testing or approval. 5. Neither observation by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relive the Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents. 6. The Engineer and. his representatives will at all times have access to the work. In addition; authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect :111 work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. 7. Ifany work is covered contrary to the written request of the Engineer, it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor's expense. 8. If any work has been covered which the Engineer has not specifically requested to observe . prior to its being covered or if the Engineer considers it necessary' or advisable that covered . work be inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is not found to be defective, the, Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate change order shall be issued. 9. The Contractor shall give the Engineer 24 hours notice of starting any new work. No work shall be done or materials used without suitable supervision and inspection by the Engineer. The Contractor shall furnish the Engineer with necessary samples of material for testing purposes. . . GC-6 I I I I I I I I I I I I I I GC-07. INSPECTION AND TESTING: 1. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. . 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. 4. If the Contract Documents, laws, ordinances, mles, regulations or orders of any public authority having jurisdiction require any' work to specifically be inspected, tested or . approved by someone other that 1he Contractor, the' Contractor will give the Engineer timely notice of readiness.,. The Contra(:tor will then furnish the Engineer the required certificates of inspection, testing or approval. 5. Neither observation by the Engineer nor inspections, tests. or approvals by persons other than the Contractor shall relive the Contractor from his obligations to perform the work in. accordance with the requirements of the Contract Documents. 6. The Engineer and his representatives will at all tiines have access to the work. In addition, authorized representatives and agents gf any participating Federal or State Agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. 7. If any work is covered contrary to the written request of the Engineer, it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor's expense. - . 8. If any work has been covered which the Engineer has not specifically requested to observe prior to its being covered or if the Engineer considers it necessary' or advisable that covered work be inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such work i~ defective, the Contractor will bear all the expenses of such, uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is not found to be defective, the' Contractor will be allowed an increase in the contract price or an extension of-the contract' time, or both, directly attributable to such uncovering, exposure, observation, inspection,' I testing and reconstruction and an appropriate change order shall be issued. . I' r 9. The Contractor shall give the Engineer 24 hours notice of starting any new work. No work shall be done or materials used without suitable supervision and inspection by the Engineer. The Contractor shall furnish the Engineer with'necessary samples of material for testing purposes. GC-6 I I I I I I I I I I I I I I I I. I I r' GC-08. SUBSTITUTIONS: 1. When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contract Documents shall be appropriately modified by change order. The Contractor warrants that if substitutes are approved, no major changes in the.function or. general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. GC-09. PATENTS: 1. The Contractor shall pay a:I1 applicable royalties and license fees. He shall defend a~l suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a pa11icular process, design or the product of a manufacturer. or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC-IO. SURVEYS. PERMITS AND REGULATIONS: L The Owner shall furnish all land surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of benchmarks adjacent to the work as shown in the Contract Documents. From the information provided by the Owner, unless otherwise specified in the Contract Documents, ~e Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other wor~ing points, lines, elevations and cut sheets. 2. The Contractor shall carefully preserve benchmarks, reference points and stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. 3. Permits and licenses of a temporary nature necessary for the prosecution of the work shall, be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, mles and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section 13, Changes in the Work. , . I' . GC-7 I I I I I I I I I I I I I I I I GC-ll. PROTECTION OF WORK. PROPERTY AND PERSONS: 1. The Contractor will be responsible for initiating, maintaining and supervising aU safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of and will" provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site or other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 2.. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain, as required by the . conditions and progress of the work, all necessary safeguards for safety and protection. He. will notify the owners of adjacent utilities when prosecution of the work may affect them. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, and subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them are liable, except damage or loss attributable to the fault of the Contract Documents or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the Contractor, without special instructions or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby and a Change Order -shall be issued covering the changes and deviations involved. 4. The work under this Contract in every respect shall be at the risk of the Contractor until finished and accepted, except to damage or injury caused directly by the Owner's agents or employees. GC-12. SUPERVISION' BY CONTRACTOR: (". ~ 1. The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site.: The supervisor shall have fuU authority to act on the behalf of the Contractor and a1t communications given to the supervisor shall be as binding as if given to the Contractor.; The supervisor shall be present on the site at aU times as required to perform adequate; supervision and coordination of the work. C' GC-8 I I I. I I I I I I I' I I I I I I I 4.1 4.2 4.3 GC-16. To any preference, priority or allocation order duly issued by the Owner. To -unforeseeable causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to" acts of God or of the public enemy, acts of the Owner, acts of another Contractor. in the performance ofa contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and To any delays of subcontractors occasioned by any of the causes specified in Paragraphs 4.1 and 4.2 of this Article. CORRECTION OF WORK: I. The Contractor shall promptly remove from the premises all work rejected by the Engineer for failure to comply with the Contract Documents, whether incorporated in the construction or not and tl;1e Contractor shall promptly replace anp re-execute the work in accordance with the Contract Documents and without expense to the Owner and shall bear. the expense of making good, all work of other. Contractors destroyed or damaged by such removal or ., replacement. 2. All removal and replacement work shall be done at the Contractor's expense.' If the Contractor does not take action to remove such rejected work within ten (10) days after receipt 'of written notice, the Owner may remove such work and store'the materials at the expense of the Contractor. 3. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall not be construed to be an acceptance of any defective work or material. The Contractor shall remove, athis own expense and shall rebuild and replace same without extra charge and in default thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer shall not consider the defect of sufficient importance to require the Contractor to rebuild or replace any imperfect work or material, he shall have the power and is hereby authorized to make an eq';litable deduction f!om the stipulated price. GC-17. SUBSURFACE CONDITIONS: I. The Contractor shall promptly and before such conditions are disturbed, except in the event of an emergency, notify the Owner by written notice of: I I 1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. 1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. . r -t 2. The Owner shall promptly investigate the conditions and ifhe finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required, for performance of the work, an equitable adjustment shall ,be made and the Contract GC-IO I I I I I I I I I I I I I I Documents shall be modified by a Change Order.: Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given the required written notice; provided that the Owner may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. GC-18. SUSPENSION OF THE WORK. TERMINATION AND DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will , be allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. 2. If the Contractor is adjudged bankrupt or insolvent, or ifhe makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for.any of his property or if he files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or ifhe repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards' laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or if he disregards the authority of the Engineer, 01' if, in the opinion of the Epgineer, the Contractor fails to make satisfactory progress in prosecuting the work, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a minimum often (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the 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 and indirect costs of completing the Project, including compensation for additional professional services, ,such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. I . 3~ The Contractor must obtain permission from the Engineer b~fore any equipment can be removed from the job site. In the event such equipment is removed without the Engineer's approval, the job will be terminated until such time as the equipment is returned to the' project and any time and money lost by the Contractor as a result of moving the equipment: shall be absorbed by the Contractor. 4. Where the Contractor's.services have been so terminate by the Owner, said termination shall I not affect any right of the Owner against the Contractor then .existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. . . - 1-" l GC-ll I I 1 1 I I I. . I I I I I I I: I . 5. After ten (10) days from delivery ofa written notice to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. 6. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority of the Engineer fails to act on any request for payment within thirty (30) days after it is submitted or the Owner fails to pay the Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation, then the Contractor may after ten (10) days from delivery of a written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work executed and all expenses sustained. In addition, and in lieu of terminating the Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten (10) days notice to the Owner and the Engineer, stop the work until he has been paid all amounts then due, in which event and upon resumption of the. work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work. 7. If the performance of all or any portion of the work is suspend~d, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if no time is specified, within reasonable time, an adjustment in the contract price ,or an extension '0: the contract time or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. GC-19. PAYMENTS TO THE CONTRACTOR: rOo f \ 1. Between the first (1st) and the fifth (5th) of each month, the Contractor will submit to the Engineer a partial payment estimate filled out and .signed by the Contractor on an approved form covering the work perfomled during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at or near. the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect his interest therein; including applicable insurance. The Engineer will, within ten days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the Owner, .or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The Owner will, within ten days of presentation to him of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The Owner shall retain ten (10%) percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. The Owner at any time, however, after fifty (50%) percent of the work has been completed, ifhe finds that satisfactory progress is being ., .1 GC-12 I I I I I I I I I I I I I made, shal.l reduce retainage to five (5%) percent on the current and remaining estimates. . On completion and acceptance ofa part of the work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. 2. The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site. 3. All work covered by partial payment shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all terms of the Contract Documents. - 4. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the final payment request that: the work has been accepted by him under the conditions of . the Contract Documents. The entire balance found to be due the Contractor, including the. ' retained percentages shall be paid to .the Contractor, except such sums as may be lawfully retained by the Owner for saving the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, tools and supplies, incurred in the furtherance of the performance .of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a swn of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of th~ Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the C<?ntractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. I I I 5. If the Owner fails to make payment 30 days after approval by the Engineer, in addition to other remedies available to the Contractor, there shall be added to each such payment, interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the Contractor. I I r ( GC-20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE: i -. " I 1. The acceptance by the Contractor of final payment shall be and shall operate as a release t<) the Owner of all claims and all liability to the Contractor other than claims in stated amountS as may be specifically excepted by the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and other relating to or arising out of this work. Any payment, however, final or otherwise, shall not release the r -- GC-13 I I I I I I I I I I I I I I I I . - 1-- . \ Contractor or his Sureties .from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. GC-21. INSURANCE: 1. The Contractor shall purchase and maintain during the life of this Contract such .insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's execution of the work, whether such execution' by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. . 1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 1.2 . Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, 1.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 1.4 Claims for damages insured by usual personal.injury liability coverage which are ,sustained (I) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor or (2) by any other person; and 1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the work. These Certificates shall contain a provision .that coverages afforded under the policies will not be cancelled unless at least fifteen (15) days prior writte~ notice has been given to the Owner. 3. The Contractor shall procure and maintain, at his ~wn expense, during the life of the Contract, liability insurance as hereinafter specified. 3.1 Contractor's General Public liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contrac~ Documents, whether such 'operations be by himself or by any Subcontractor undet I him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of liability of not less than $200,000 for aU damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit of liability of not less than $500,000 for any such damages sustained by two or more persons in anyone accident. Insurance shall be written with a limit of liability of not less than $100,000 for all property damage sustained by anyone GC-14 I I I I I I' I I I I I I I I I I I r person in anyone accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. 3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the Contractor and Subcontractor as their interest may appear. This provision shall in no way release the Contractor or Contractor's Surety from obligations under the Contract Documents to fully complete the Project. ' 4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is . performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance; including occupational disease provision for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Contract at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection.of his employees not otherwise protected. 5. The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to be performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be less than the contract: price totaled in the bid. The policy shall cover not less than the losses due to fire, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke during the contract time and until the work is accepted by. the Owner. The policy shall name as the insured the Contractor, the Engineer and the Owner. GC-22. CONTRACT SECURITY: . r- - ' l. The Contractor shall, within ten (10) days after the receipt of the' Notice of Award, furnish the Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. Ifat any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to be perfcrmed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner; The premiums on such bonds GC-I 5 I I I I I I I I I I I I I I I I shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-23. ASSIGNMENTS: 1. Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or his right, title or interest therein, or his obligations thereunder, without written consent of the other party. GC-24. INDEMNIFICATION: I. The Contractor will indemnify and hold harmless the Georgia Department of Transportation, the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, provided' that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or: death, 'or to injury to or destruction of tangible property, including,the loss of-use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor and Subcontractor, anyone . direetly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 2. In any and all claims against the Georgia Department of Transportation, the Owner, or the Engineer or any of their agents or employees, by an employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under W orkman~s Compensation acts, disability benefit acts or other employee benefits acts. 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. GC-25. SEPARATE CONTRACTS: . . 1. . The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other contractors reasonable opportunity for the -introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. 2. The Owner may perform additional work related to the Project by l1imself or he may let other contracts containing provisions similar to these. The Contractor will afford the other Contractors who are parties to such contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of the work and shall properly connect and coordinate his work with theirs. i-' t GC-16 I I I I I I I I I I' I" II I I I I I l II I r- \ 3. If the performance of additional work by other Contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the. performance of such additional work by the Owner or others involves him in additional expense or entitles him to an extension of the contract time, he may make a claim therefor as provided in Sections GC-13 and GC-14. GC-26. SUBCONTRACTING: 1. The Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without pri.or written approval of the Owner. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. . 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any'subcontract-that the Owner may exercise over the Contractor under any provision of the Contract Documents. 5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. GC-27. ENGINEER'S AUTHORITY: 1. The Engineer shall act as the Oy.'Iler's representative during the construction period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Contract' Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmansh:p and execution of the work. Inspections may be made at the factory or fabrication plant or the source of material supply. 3. The Engineer will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. _ i GC-I 7 I I I I I I r I I I I to' 1.1 I' I I I II' II I roo GC-28. LAND A~D RIGHTS-OF-WAY: 1. Prior to issuance of Notice to Proceed, the Owner shall obtain aU land and rights-of-way necessary for carrying out and for the completion of the work to be performed pursuant to. the Contract Documents, unless otherwise mutually agreed. 2. The Owner shall provide to the Contractor information which delineates and describes the lands owned and rights-of-way acquired. 3. The Contractor shall provide at his own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-29. GUARANTEE: 1. The Contractor shall guarantee a11'materials and equipment furnished and work performed for a period of one (1) year from the date of substantial completion. The Contractor warrants and guarantees for a period of one (1) year from the date of substantial completion of the . system that the completed system is free from aU defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system -resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments or other work that may be necessary by such defects, the' Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect though the guarantee period. GC-30. TAXES: 1. The Contractor will pay all sales, conswner, use and other similar taxes required by the law of the place where the work is performed. GC-31. WORK ADJACENT TO RAIL WAY OR OTHER PROPERTY: 1. Whenever the work embraced in this Contract is near the tracks, structures or buildings of the Owner or of other railways, persons, or property, the work shall be so conducted as not to interfere with the movement of trains or other operations of the railway, or, if in any case such interference be necessary, the Contractor shall not proceed until lie has first obtained specific authority and directions therefor from the proper designated officer of the Owner and has the approval of the Engineer. GC-32. ORDER AND DISCIPLINE: 1. The Contractor shall at all times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of.the Engineer and he shall not again be employed on the work with the Engineer's written consent. i.. GC-18 I I I I I I I I I I I ...- I~ I' I f' Ie Ir - r- r- GC-33. WARNING DEVICES AND SIGNS: 1. The Contractor shall furnish, erect, paint and maintain warning devices when construction is on or near public streets for the protection of vehicular and pedestrian traffic. Such devices will be in accordance with the Georgia Manual on Uniform Traffic Control Devices for Street and Highways, July, 1962, 'Traffic Control for Highway Construction and Maintenance Operations," Section III -I through III -7 5. 2. On a 20" x 30" sign, mounted on a solid post, 8 feet above the ground, indicating the name and night phone number of the Contractor in 4" letters, shall be erected at each end of the . project throughout the construction and maintenance periods. The Contractor may remove the sign following the maintenance period. GC-341. SPECIAL RESTRICTIONS: I. No work shall be allowed after tie hours of darkness or on Sunday without permission of the Owner. GC-35. AS-BUILT DRAWINGS: 1.. The Contractor shall furnish to the Engineer three (3) sets of marked up drawings for an "As- built" record showing all deviations from the Contract Drawings. The marked up sets shall include actual dimensions from permanent markers accurately locating all underground pIpmg. GC-36. CONTRACTOR NOT TO HIRE EMPLOYEES OF THE OWNER: 1. The Contractor shall not employ or hire any of the employees of the Owner. GC-19 SECTION SGC-O INDEX TO SUPPLEMENTAL GENERAL CONDITIONS TITLE Drawings Field Office Facilities Rights-of- Way Estimate of Quantities Existing Structures and Utilities Contractor's Breakdown of Lump Sum Payment Items Prior Use By Owner Cleaning Up Maintenance of Traffic Maintenance of Access Erosion Control ~md Restoration of Property Bypassing Sewage Safety and Health Regulations Pre-Construction Conference General and Supplemental Conditions Not Applicable To This Contract r r- I SGC-O I" I . . . I I f' I I II I I I I I I I SECTION SGC-O SUPPLEMENTAL GENERAL CONDITIONS SGC-Ol. DRA WINGS: The Owner will furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. Location of all features of the work included in the Contract are indicated on the Contract Drawings. The following drawings comprise the plans for the Contract: Note: SGC-02. The Contract Drawings are listed under Special Condition SC-02., LIST OF DRA WINGS:. FIELD OFFICE FACILITIES: The Contractor shall provide, at a point convenient to the work; suitable office facilities for housing records, plans and contract documents. A telephone shall be provided at the Contractor's office for expediting the work and be made available for the use of the Engin~er. A complete and up-to-date set of the plans and specifications shall be available at the field office at all times that the work is in progress. SGC-03. RIGHTS-OF-WAY: r' t The Owner will furnish all land and rights-of-way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights-of-way as speedily as possible. But it is possible that all land and rights-of-way may not be obtained as h(:rein contemplated before construction begins, in which event the Contractor shall begin his work upon such land and rights-of-way as the Owner may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-of-way. Should the Owner be prevented or enjoined from proceeding with the work or from authorizing its prosecution,.either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the Owner; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the Owner. . . SGC-04. ESTIMATE OF QUANTITIES: r t. The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for claims or liability for damages. SOC-l f' I I. f I i I I I II I !j I I r I I I I I I I f- I SGC-OS. EXISTING STRUCTURES AND UTILITIES: The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the Contractor before starting work. The Contractor shall be held responsible for any damage to 'and for maintenance and protection of existing utilities and stIuctures. SGC-06. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. . SGC-07. PRIOR USE BY OWNER: Prior to completion of the work, the Owner may take over the operation and/or use of the incompleted project.or portions thereof. Such prior use of the facilities by the.Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC-08. CLEANING UP: . The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, 'etc., and leave his work in a clean condition, satisfactory to the Engineer. SGC-09. MAINTENANCE OF TRAFFIC: In any work within the public right-of-way, the Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any ,hazard arising out of the Contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at aU times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or without written permission from such ageney. Before leading the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the Owner may, with, his own forces, provide signs, flagmen, barricades and/or passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. SGC-IO. MAINTENANCE OF ACCESS: r" The Contractor will be required to maintain access to business establislunents during all time they are open for business, to churches, schools and other institutions during the time they are open and to aU residential and other occupied buildings or facilities at aU times. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges SGC-2 I I I I I I I I I I I I I I I I With handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is blocked. SGC-ll. EROSION CONTROL AND RESTORATION OR PROPERTY: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. SGC-12. BYP AS SING SEWAGE: The Contractor will be required to schedule and coordinate construction sequences and to use temporary construction and other approved methods which will minimize the bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open ditches or streams will not be permitted. SGC-13. SAFETY AND HEAL 'fB REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (pL31-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (pL91-54). SGC-14. PRE-CONSTRUCTION CONFERENCE: A pre-construction conference shall b~ held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents. SGC-15. PROMPT PAYMENT 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. SGC-16. CLAIMS: All claims, disputes and other matters in question relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, between the Owner and the Contractor arising out of or 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. SGC-17. RETAINAGE: I Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retain age pursuant to this Agreement and Contractor specifically waives any claim to same. SECTiON SC-Q INDEX TO SPECIAL CONDITIONS I' I r' II I I' I' I I rOo I I; I"f I I I r I r I f" /' I. I SECTION SC SfECIAL CONDITIO~S SC-Ol.' SCOPE: The project referred to in the Agreement shall consist of the Oglethorpe Ramp and Sixth Street Entrance along with landscaping and lighting, together with appurtenances, hereinafter referred to by project name as SC-02. OGLETHORPE RAMP & SIXTH STREET ENTRANCE LIST OF DRAWINGS: The following drawings, prepared by Cranston, Robertson & Whitehurst, P.C., Augusta, Georgia, comprise the plans for the project: r- SHEET NO. G-Ol G-02 G-03 DATE TITLE Cover Sheet Location Map Sheet, Index, & General Notes Topographic & Utility Map 12/28/94 ORIGINAL REVISED C-Ol Oglethorpe Ramp - General Plan 12/28/94 C-02 Oglethorpe Ramp - Site Plan 12/28/94 C-03 OgIethorpe Ramp - Details 12/28/94 C-04 Sixth Street Entrance - General Plan 12/28/94 C-05 Sixth Street Entrance - Site Plan 12/28/94 C-06 Sixth Street Entrance - Plan, Profile & 12/28194 Details C-07 Miscellaneous Details 12/28/94 E-Ol . Sixth Street Entrance - Electrical Legends, 12/28/94 Notes, Details Oglethorpe Ramp Lighting Plan 12/28/94 E-02 L-OI Oglethorpe Ramp - Landscape Plan 12/28/94 SC-l SHEET ..N1L L-02 L-03 L-04 DATE TITLE ORIGINAL 12/28/94 12/28/94 12/28/94 REVISED Oglethorpe ramp - Irrigation Plan & Details Sixth Street Entrance - Landscape Plan Sixth Street Entrance - Irrigation Plan SC-03. BONDS: The Contractor will include in the lump sum payment for mobilization the cost of his performance and payment bonds. SC-04. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the transportation of silt and other deleterious material into the ~tream beds of water courses adjacent to the project. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EP A or USDA. Use. of all such chemicals and disposal of residues shall be in conformance with printed instructions. SC-os. TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. SC-06. PLANS AND SPECIFICATIONS FURNISHED: The Contractor will be furnished, free of charge, by the Owner up' to five (5) sets of direct blue line prints together with a like number of complete bound specifications for construction purposes. Additional sets of plans and/or specifications will be furnished to the Contractor at the . cost of reproduction upon his written request. SC-07. RECORD DRAWINGS: : f"' The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the construction lines shown thereon and aU changes ordered by the Engineer will be shown accurately in red pencil. Ifnecessary, supplemental drawings will be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available SC-2 to the Engineer for inspection during construction. Satisfactory progress toward the preparation of the record drawings shall be a condition of approval of monthly payment estimates. At the completion of construction, prior to submitting his estimate for final payment. and as a condition for payment thereof, three copies of the record drawings; satisfactorily completed, will be transmitted to the Engineer. SC-08. . SHOP DRAWINGS: The Contractor shall submit to the Engineer for his review shop drawings, cuts, diagrams, bar lists, steel details, and other descriptive data on every item, where required on the drawings or herein. The Contractor shall check all submittals and so indicate on each copy thereof. . Five copies of such shop drawings shall be submitted to the Engineer before ordering of the material. Submittals which have not been checked by the Contractor will not be reviewed by the Engineer. Reviews by the Engineer of submittals will cover only general conformity. with the project requirements, while responsibility for detailed conformity shall remain with the Contractor. The Contractor will be notified by mail of the results of the submittal reviews within ten (10) days of the receipt by the Engineer thereof. SC-9. EXISTING STRUCTURES: Where sidewalks, street 'signs, private signs, walls, sidewalks, fences, etc, are removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor will protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. SC-IO. SAL V AGE MATERIAL: All existing installations to be removed, including but not limited to masonry and concrete rubble, track, pipe, etc. will be disposed of at the Goodrich Street disposal site, or other approved locations, by the Contractor. All grates, railroad ties, manhole frames and covers, will remain the property of the Owner and will be' stockpiled at the Public Works Department, 1568 Broad Street, in the manner directed by the Engineer. . SC-ll. REFERENCED, SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted h.erein. The inclusion of the latest edition or revision of the referenced specification or standard is intended. : SC-12. TRAFFIC CONTROL: I Traffic control shall conform to the Manual on Uniform Traffic Control Device~ (MUTCD) of the Federal Highway Administration, Edition of 1978. The Contractor shall give prio~ written notification to and shall obtain the approval of the Augusta-Richmond County Fire and Police Department of any street closures. SC-3 I I I I I I I I I' I I I I I . - I I I I I SC-13. SURVEYS: The Engineer has established base.lines for locating the principal component parts of the work, together with a suitable number of bench marks adjacent to the work. From the information thus provided, .the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, .stakes for pile locations and other working points, lines and elevations~ The Contractor shall employ only Registered Land Surveyors or Registered Professional Engineer to perform all detail surveys. . The Contractor will diligently preserve and maintain the position of all stakes, reference points and bench marks after they are set and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. SC-14. CONSTRUCTION ORDER AND SCHEDULE: 1. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance. and protection of highway ahd pedestrian, traffIc; utility lines; drainage ways; adjacent properties; and as otherwise specified. 2. After notice to proceed and prior to, the first payment on the contract the Contractor shall submit the following for review: A. Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time. B. A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the contract time. C. A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. 3. With each request for payment the Contractor shall submit two copies of the bar chart clearly" marked to show the work completed at the date of the payment requested. SC-15. CONSULTING ENGINEERS: i The Owner has engaged consulting engineers to assist the City Engineer, defined herein as the Engineer, by preparing plans and specifications for the work and by providing certa.iA services during the bidding and construction phases of the project. The consulting engineer~ Cranston, Robertson & Whitehurst, P.C, are authorized to represent the City Engineer within the limits of the various duties delegated and assigned to the firm by the City Engineer. Nevertheles$ the City Engineer remains the final authority hereunder and is the "Engineer" as used throughout th~ Contract Documents. I SC-4 I I I I I I I I I I I- I I I' I I f SC-16. INSPECTION AND TESTING OF WORK: The Owner shall provide sufficient competent engineering personnel for the technical observation and testing of the work. The Engineer and his representatives shall at all times have access to the work . . whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for inspections. , Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if there is not a sufficient quantity of suitable and approved materials or equipment on the ground to carry it out properly or fi)r any good and sufficient cause. Inspectors may not accept on behalf of the Owner any material or workmanship which does not conform fully to the , ' requirements of the contract and they shall give no orders or directions under any possible circumstances not in accordance with the Specifications. The Contractor shall furnish the inspector with all required assist~nce to facilitate thorough inspection or the culling over or removal of defective materials or for any other purpose requiring discharge of their duties for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that mayor may not be used in the work. Any inspection provided by the Engineers is for the purpose of determining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by the Contractor, nor for the safety of the job. If the specifications, the Engineer's instructions, laws, ordinances, or any public .authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of supply. If any work should be covered up without review or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of re-examination and replacement. If such work is not.in accordance with the Contract Documents, the Contractor shall pay such cost. The Owner will employ a qualified materials testing laboratory, hereinafter referred to as the Laboratory, to monitor more fully on the Owner's behalf 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 Laboratory will be solely responsible to and paid separately by the Owner. The timing of the work of the Laboratory will be coordinated by the Engineer through his duly authorized inspector. The Owner will bear the cost of testing a particular material or area of the work once. Where retesting is required following corrective measures or under other circumstances, the Contractor shall reimburse the Owner for the cost of additional testing. SC-5 I I I I' I I I to ( , II I r I fO. r I, r- II II II I r I r : I r- I SC-17. ATTACHMENTS: The following attachments given on the ensuing pages are made a part hereof: 1. Disadvantaged Business Enterprise Program SC-7 2. Required Contract Provisions for Federal Aid Contracts SC-20 3. Standard Federal Equal Opportunity Construction Contract Specifications SC-21 4. Exhibit D (FHW A-1273 for Contractor & Subcontractors) SC-29 5. Certifications (for Contractor & Subcontractor) SC-43 SC-6 I I' I I I I I I I .. 1\ I I I' I I · r- r REVISED: January 31, 1996 FIRST USE: June 20, 1996 DEPAR'DmNT OF TRANSPORTATION STATE OF GEORGIA DISADVANTAGED BUSINESS ENTERPRISE PROGRAM CRITERIA FOR ACCEP'l'ABILnY The purpose of this special provision is to establish criteria for acceptabi li ty of DBE finns for work perfonned on this contract. The intent is to ensure that all participation counted toward fulfillment of the DBE goals is (1) real and substantial, (2) actually perfonned by viable, independent minority or woman-owned finns, and (3) in accordance with the spirit of the applicable laws and regulations. No participation will be counted toward fulfillment of the DBE goal if: 1. The DBE finn leases, rents, or ,utilizes substantial amounts of equipment which is either owned or leased by the prime contractor or any finn affiliated with the prime contractor. 2. . A substantial number of the. employees of the DBE finn are persons who have been employees of the prime contractor and who are temporarily employed by the DBE to perfonn work on the DBE's subcontract. 3. The DBE owner or owners does not actively participate in the. day-to-day management and operation of the finn. This will apply even if the finn is 100% DBE o~~ed. 4. The DBE finn does not itself perfonn the work but subcontracts a substantial portion to a non-DBE finn. 5. The DBE finn does. not perfonn a commercially useful function consistent with the industry practice of similar non-DBE firms. 6. The DBE Supplier does not meet the criteria established by 49 CFR 23.47 regarding DBE credit for purchase of materials from a regular dealer. The Department may conduct a review of each prime contractor and certified DBE finn to determine compliance with the above criteria. The contractor shall furnish a copy of the subcontract entered into with the DBE along with the Request for Approval of the subcontract. Failure to furnish a copy of the subcontract agreement may disallow the subcontract amount from counting toward the DBE goal. -1- r- - ! SC-7 I I I I I I I I I I I I , . I' I If II I r - r' PURPOSE (A) On" Federal-Aid Projects" the purpose of this 'provision is to implement Section 1003 (b), . of the Intennodal Surface Transportation Efficiency Act (ISTEA) of 1991 (Pub.L.102-240) or subsequent 'Federal Legislation so that, except to the extent the Secretary detennines otherwise, not less than ten percent of the funds authorized.by the Act for the. programs in this provision is expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. (B) The ten percent level of participation' for disadvantaged businesses established by Section 1003(b) will be achieved if the Department, under the programs covered by this provision, sets and meets overall disadvantaged business goals of at least ten percent. ec) On State-Aid projects, the purpose of this provision is to implement ~he policy of the State Transportation Board. . DBE earnings and commitments for Federal-Aid and State-Aid projects shall be separate and distinct and' cannot be transferred or combined in any manner. GOAL fOR PARTICIPATION: If a percentage goal for DBE participation in this contract is set forth elsewhere in this proposal, the Contractor shall enter in the appropriate blanks both the percentage goal and the dollar amount of DBE participation proposed for this contract. The Contractor must make every effort to achieve the goal set by the Department. However, if the Contractor cannot find sufficient DBE participants to meet the goal established by the Department, the Department may consider for award a proposal with less participation than the established goal if: 1. The bidder can demonstrate that no greater participation could be obtained. 2. The participation proposed by the low bidder is not substantially less than the participation proposed by the other bidders on the same contract. The Department reserves the right to reject and disqualify any proposal if the bidder has failed to list bona fide DBE part~~ipants with sufficient, participation to achieve at least the established goal. 'Conditional award of the contract may be made with the Notice-to-proceed withheld, if, deemed warranted by the Department until .any lack of DBE participation problems are resolved. If no percentage goal is set forth in the proposa~, the contractor MAY ENTER A PROPOSED PERCENTAGE GOAL. In this situation, any goal accomplished will not be considered mandatory but will be counted as additional DBE furnished. To be eligible for award of this contract,' the bidoer must enter on -List -2- SC-8 I I I I I I I I I I I II I I I ,.. Ii I r- r- of DBE Participants - " elsewhere in the proposal, the following information with respect to each DBE Subcontractor or DBE Part.icipant the 'bidder proposes to use to achieve the DBE goal proposed py th~ bidder: . 1. The name of each [)BE Subcontractor or DBE Participant who will either perform work or supply materials on this con~~act. 2. A description of the work to be performed or material supplied by each DBE Participant. 3. The dollar. amount to be paid to each DBE Subcontractor or DBE Participant. Failur'e py a 'bidder to furnish the above information as a part of this proposal will subject the bid to disqualification. Award of a contract by the Department to a Prime Contractor who has listed DBE participants with the bid may not constitute final approval by the Department of the listed DBE. The Department reserves the right to approve or disapprove a Disadvantaged firm after a review of the Disadvantaged firm's proposed participation. Payment to the Contractor under the contract may be withheld until final approval o.f the listed DBEs is granted by the Department. If the Contractor desires to substitute a DBE in lieu of those listed in the proposal, a'letter of concurrence shall be required from the listed DEE prior to approval of the substitution, unless this requirement is waived by the Department. The Contractor shall" at a minimum, seek DBEs in the same geographic area in which Subcontractors are generally sought. If the Contractor cannot meet the goals using DBEs from this geographic area, the Contractor, as part of its efforts to meet the goals, shall, expand its search to a reas9nable wider geographic area. Agreements between bidder and a DBE in which DBE promises not to prov.ide . Subcontracting quotations to other bidders. are prohibited. DEFINITION: For the purposes of this provision, the following definitions will apply: -Affinnative Action- means taking specific steps to eliminate discrimination and its effect, to ensure nondiscriminatory results and practices in the future, and to involve minority business,,'enterprises fully in this contract. -C~liance- means the condition existing when a Contractor has met and implemented the requirements of this provision. -Act- means the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 (Pub.L.I02-240). -Disadvan~aged Business- means a small business concern (1) which is at least 51 percent owned. by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned -3- ,.. SC-9 I I I I I I I I I I I I I I I I business, at'least 51 percent of the stock of which is owned by one or more socially and economically 'disadvantaged individuals; and (2) whose management and daily business operations are controlled ~ one or mpre of the socially and economically disadvantaged. individuals who own it~ -Small Business Concern. means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. .Socially and Economically Disadvantaged Individuals. means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are Females, Black Americans, Hispanic' Americans, Native Americans, Asian-Pacific Americans, or Asian-Indian Americans and any other minorities or individuals. fo~nd to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act. The Department shall make a rebuttable presumption that individuals in the following groups are socially and economically disadvantaged. The Department also may determine, on a case by case basis, that individuals who are not a member of one of the fqllowing groups are socially.and economically disadvantaged: 1. .Black Americans., which includes persons.having origins in any of the Black racial groups in Africa. 2. .Hispanic Americans., which includes persons whose ancestry and culture are rooted in South or Central America, Cuba, Dominican Republic, Puerto Rico, or the Iberian Peninsula, including Portugal. 3. · Native Americans., which includes, persons who are Indians, Eskimos, Aleuts, or Native Hawaiian. 4. .Asian-Pacific Americans., which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas. . 5. .Asian-Indian Americans~, which includes persons .whose origins are from India, Pakistan and Bangladesh. 6. Or, other lawfully admitted permanent female residents. WBE COMPANIES CAN BE USED TO SATISFY A DBE GOAL .....: DBE goals can be satisfied with the participation of WBE companies, provided the WBE company is certified by the Department as a WBE firm. Since the federal definition uf DBE now includes woman as a presumptive category, WBE firms, properly certified, can be utilized to satisfy DBE ! goals. If you are not certain of the status of a particular DBE company, please call the EEO Office in Atlanta at 404-656-5323. I DISCRIMINATION PROHIBITED: No person shall be excluded from -4- r- r '. , sc- 10 I I I I I I I I I I I I I I ll-JS . 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UO!S1AO~d s1q~ U! q~~01 ~as s~uama~lnba~ aq~ q~1~ a::)U~ndUIOJ ~O ~ua:Jxa au!uua~ap O~ ~uaUI:J~~daa all~ Aq ap~UI aq n~qs S~a1Aa.I J1po1.Iad :s:Juama~1nball aAa1l1Jl[ O:J a.:mrre.i[ . E '~J'e~~UOJ slq~ }O aJu~o}.Iad aq~ u1 xas ~o 'U101.IO T~u01~~u , .IOTOJ 'aJ'e.I 10 sls~ aq~ uo a~'eulul1.IJslP ~ou n'eqs .IO:JJ'e.!~UOJ aq~ . S~J'e.I~UOJ wa01.Iad pU'e ~01 a~admc)J o~ A~ 1un~.Ioddo ummpC'e11l aq~ aA'eq sas1.Id.Ia~u3 ssau1sna pao'e~u'eAp'es1a ~'eq~ a.Insua o~ EZ ~.I'ed ~~~ 6t 4~1~ aJu-ep~oJJ'e u1 sda~s aTq'euos~a.I pu~ JtI'essaJau TT'e a~'e~ TT'eqs .IO:JJ~.I~UO~ aq:J 'p.I'eoa.I s1q~ U1 .S~J~.I~uoJqns AU'e pU'e ~J'e.I~UOJ slq~ }O aJU'eUl.Iol~ad aq~ u1 a~'ed1J1~.I'ed o~ A~lun~.Ioddo UIn11l1X'em aq~ aA~q (~ ~.I'ed ~~~ 6t u1 pauHap S'e saspdIa~ua ssau1sna pao'e:)u'eAP~s1d :J'12q~ a.Insua o~ saa.IO~ .IO:JJ~.I~UOJ aq.r.. :u01=l'12f)HqO paD'12=lU'eAp'12S1a . Z 'S~J~.I:)UOJ s~l }O aJu'ewa01~ad aq:) u1 a:)~d1Jp.I'ed 0:) ^:)lun~~oddo ummpC"ellI aq:) aA~q n~qs (~ '~.I'ed ~~~ 6)' u1 pauHap S'12 sasl.Id.Ia:)ua ssaulsng pa.6'e~u'12Ap'es1a :)'12q~ u01:)'e~~odsu'12.I~ }O ~uallI:).I'edaa aq~ JO A~lTOd aq~ sl:)1 :~1tOd .t I I I' I : s.r.tmJmIIOOmI TlH3N:ID 'xas ~o 'U1D1.I0 T'eu01~'eu '.I010J 'aJ'e.I }O SpUnO.ID aq~ uo ~J'12.I:)uoJ s14:J }O aJu~o}.Iad pu~ p.I'12~~ aq:) q:)1~ u01~JauuoJ u1 ~su1~.6'12 pa~'eu1m1.IJslP aS1M.Iaq~0 ~o '~o s~Hauaq aq~ paluap 'u1 uop~d1J.n.I'12d I I, I I I I I I I I' I: I I another DBE. The, Department shall' approve all substitutions of Subcontractors in order to ensure that the substitute firms are eligible DBEs. COUNTING DBE PARTICIPATION TOWARD MEETING DBE GOALS: DBE participation. shall be counted toward meeting DBE goals on this contract as follows: '1. Once a firm is determined to be an eligible DBE by the Department, the total dollar value of the work performed by the DBE is counted toward the applicable DBE goals. (Following award of the contract, . if a DBE is decertified as a DBE for any reason, the Contractor shall make a reasonable effort to replace a dec~rtified DBE.) 2. The Contractor may count toward its DBE goals a portion of the total dollar value of a subcontract with a joint venture eligible under the standards of this provision equal to the percentage of the ownership and controls of the DBE partner in the joint venture. 3. A) The Contractor may count toward its DBE goals only expenditures to DBEs that perform a commercially useful function in the work of a contract. 'A DBE is considered to perform a commercially useful function when it is responsible for execution of a distinct element of the work of a contract and carrying out its responsibilities by actually performing, managing, and supervising the work involved. To determine whether a DBE is perfoming a commercially useful function, the Contractor shall evaluate the amount of work subcontracted, industry practices, and other relevant factors. B) Consistent with normal industry practices, a DBE contractor or subcontractor may be allowed, to enter into further subcontracts. If a DBE Contractor subcontracts a significantly greater portion of the work of the contract than would be expected on the basis of normal industry practices, the DBE shall be presumed not to be performing a commercially ,.useful function. The DBE may present evidence to rebut this presumption to the Department. The Department's decision on the rebuttal of this 'presumption is subJect to review by the U. S. DOT. Normally, however, a DBE contractor or subcontractor will not be allowed, for DBE credit, to further sublet work unless such work is to be performed by another approved DBE. I r- r- C) For DBE truck hauling to count for DBE credit, the hauling must be done using the DBE's trucks or trucks owned by other disadvantaged individuals. Only as a last resort will hauling by trucks owned by non-disadvantaged individuals be allowed and then upon evidence being furnished to the Department that trucks owned by disadvantaged indi viduals are not available. The Department may determine that only the hauling done by trucks owned by disadvantaged indi viduals will count as DBE credit. At least once a week the contractor shall furnish a hauling plan of truckers to be utilized that week. . D) For the furnish of quarried materials, i.e.; graded aggregate bases, etc. to count for DBE credit, the material must be -6- SC-12 I I I I I I' I I I I I I I I If I II I r-' invoiced directly to the. DBE contractor, the material must be hauled by DBE haulers and the ~terial must, be placed in. its final position by the DBE contractor using its own Or 'acceptably leas~d equipment with its own personnel. If.any of the above conditions are not met, only that portion of the haul which was acceptably hauled by DBE haulers and that portion of the spreading which was actually accomplished by the DBE contractor will be counted for DBE credit (there will be no partial credit for furnishing of the material), ' E) For furnish of structural components to count for DBE credit, the materials must be directly invoiced to the DBE contractor, the DBE contractor must schedule delivery of the material and the DBE contractor m~st actually place the. structural components in their final position utilizing their own or acceptably leased equipment. F) For furnish of the items referenced in paragraphs D) & E) above, or any other items to count for DBE credit, joint checks to the DBE and the supplier/manufacturer will not be acceptable. 4.. The Contractor may count' toward its DBE goals a percentage of the, expenditures for materials and supplies obtained from DBE suppliers and manufacturers, provided that the DBEs assume the actual and contractual responsibility for the provision of the materials and supplies as specified below. A. The Contractor may count its entire expenditure to a DBE manufacturer (i. e. , a supplier that actually produces goods from raw materi~ls or substantially alters them before resale).. B. The Contractor may count 60% of its expenditures to DBE regular dealer suppliers that are not manufacturers, provided that the DBE supplier performs a conunercially useful function in the supply process, and is established as a regular dealer of the material being furnished and is engaged in selling the material to the public. For purposes of this sections, a regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which materials or supplies required for the performance of the contract are bought. kept in stock, and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal business, and in its own name, the purchase and sale of the 'products in question. A regular dealer in such bulk items as steel, cement, rip rap, and petroleum products need not keep such products in.stock, if it owns or operates distribution equipm'ent. Brokers and packagers shall not be regarded as manufacturers or regular'dealers within the meaning I of this section. 5. No participation will be counted that is not in compliance with Special provision entitled .Criteria for Acceptability. which is a part of this contract or with any provisions included in 49 CFR Part 23. -7- . f' . SC-13 I I' : I I I I I I I I I I I I - 6. If the contract amount.. overruns, the contractor will not be required to increase the dollar amount of DBE participation.. If the contract amount underruns, the contractor will not be allowed to under run the' dollar amount of DBE participation except when the DBE subcontracted items themselves underrun. REPORTS: The Contractor shall submit a -DBE'Participation Report- on this. contract quarterly which shall include the following: 1. The name of each DBE participating in the contract. 2. ~ description of the work to be performed, materials, supplies, and services provided by each DBE. 3. The dollar value of each DBE subcontract or supply agreement. '4. The earnings to date of each DBE participating in the contract. s. " ,Whether each DBE is a supplier, subcontractor, owner/operator, or' other. 6. The report shall be updated "by the Prime Contractor, whenever the approved DBE has performed a portion of the work that has been designated for the contract. Copies of this report should' be transmitted promptly to the Engineer. Failure to submit the report within 30 calendar days following the end of the quarter may cause payment to the contractor to be withheld. The final report should also be signed by the DBE Contractor. 7. In addition to the aforementioned report. the Prime Contractor shall notify the Project Engineer at least 24 hours prior to the time the DBE conunences working on the project. The DBE must furnish supervision of the DBE portion of the work, and the person responsible for this ,supervision must report to the Project Engineer when they begin work on the project. . They must also inform the project engineer when their forces will be doing work on the project. ' CERTIFICATION OF THE ELIGIBILITY OF DISADVANTAGED BUSINESS ENTERPRISES: I [- 1. To ensure that only DBEs which are owned and controlled in both form and substance by one or more Disadvantaged Individuals, the Department shall use Schedule A and a questionnaire... to certify firms who wish to participate as DBEs under this contract. 2. Except as provided in paragraph 3. each business, inCluding the DBE partner in a joint venture, wishing to' participate as a DBE under this contract shall complete and submit Schedule A and a questionnaire.. Each entity wishing to participate as a joint venture DBE under this contract shall, in addition, complete and submit Schedule B. The schedule(s) shall be signed and notarized by the authorized representative of the business entity. A business seeking certification as a DBE shall submit the required schedules with its bid or proposal for transmission to the , i I -8- i . SC-14 I I I r I' I I I' I I I I I I' I I . . I! I r- = r" Department. 3. A business seeking to participate as a DBE need not. submit Schedule A or B if the potential DBE Contractor has been determined by the Small Business Administration to be owned and controlled by socially and economically disadvantaged individuals under Section Sea) of the Small Business Act, as amended. However, a limitation as contained in Section 1003 (b) (2) of the ISTEA Act and 49 CFR 23.62 as amended is placed on firms in order to be considered eligible. ELIGIBn.ITY STANDARDS: 1. The following standards shall be us~d by the Department in determining whether a firm is owned and controlled by one or more Disadvantaged Individuals and shall, therefore, be eligible to be certified as a DBE. Businesses aggrieved by the determination may appeal in accordance with procedures set forth in the Department's appeal process anq in 49 CFR Part 23. A. Bona fide Disadvantaged group membership shall be established on the basis of the individual's claim that he or she is a member ,of a, disadvantaged group and is so regarded by that particular disadvantaged community. However, the Department is not required to accept this claim if it determines the claim to be invalid. B. An eligible Disadvantaged Business Enterprise shall be an independent business. The ownership and control by Disadvantaged Individuals shall be real, substantial, and continuing and shall go beyond the pro forma ownership of the firm as reflected in its ownership documents. The Disadvantaged Individuals shall enjoy the customary incidents of ownership and ,shall share in the risks and profits commensurate with their ownership interests, as demonstrated by an examination of the substance rather than form of arrangements. Recognition of the business as a separate entity for tax or corporate purposes is not. necessarily sufficient for' recognition as a DBE. In determining whether a potential DBE is an independent business, the Department shall consider all relevant factors, including the date the business was established, the adequacy of its resources for the work of the contract, and the degree to which financial, equipmer.t leasing, and other relationships with nondisadvantaged firms vary from industry practice..,.- C. The Disadvantaged owners shall also possess the power to direct or cause the direct ion of the management and policies of the firm and to make the day-to-day as well as major decisions on i matters of management, policy and operations. The firm shall I not be subject to any formal or informal restrictions which I limit the customary discretion of the Disadvantaged owners. There shall be no restrictions through, for example, bylaw provisions, partnership agreements, or charter requirements for cumulative voting rights or otherwise that prevent the I Disadvantaged owners, \...ithout the cooperation or vote of any I -9- SC-15 I I I I I I I I I I I I I I I I I I ! r~ owner who is not a disadvantaged individual. D. If the, owners of the firm who are 'not Disadvantaged are disproportionately responsible for the operation of. the firm; then the firm is not controlled by Disadvantaged Individuals'and shall not be considered a DBE. Where the actual management of the. firm is contracted out to individuals other than the owner, those persons who have the ultimate power to hire and fire the managers can, for the purposes of this part, be considered as. controlling the business. E. All securities which constitute ownership and/or control of a corporation for purposes of establishing it'as a DBE shall be held directly by Disadvantaged Individuals. No securities held in trust, or by any guardian for a minor, shall be considered as held by Disadvantaged Individuals in determining the ownership or control of a corporation. F. The contributions of capital or expertise by the Disadvantaged owners to acquire their interests in the firm shall be real and substantial. Examples of insufficient contributions include a promise to contribute capital, a note payable 'to the firm or its owners who are not socially and economically disadvantaged,' or the mere participation as an employee, rather than as.a manager. 2. In addition to the above standards, the 'Department shall give special consideration to the following, circumstances in determining eligibility: A. Newly formed firms and firms whose ownership and/or control has changes since the date of the advertisement of the contract are closely scrutinized to determine the reasons for the timing of the formation of or change in the firm. B. A previous and/or continuing employer-employee relationship between or among present owners is carefully reviewed to ensure that the employee-owner has management responsibilities and capabilities discussed in this section. C. A relationship between a DBE and a business which is not a DBE which has an interest in the DBE is carefully reviewed to determine if the interest of the non-DBE conflicts with the ownership and control requirements of this provision. 3. A joint venture is eligible if the DBE partner of the joint venture meets the standards of an eligible DBE set forth above and the DBE partner is responsible for a clearly defined. portion of the work to be performed and shares in the ownership, control, management responsibilities, risks, and profits of the joint venture. 4. A business wishing to be certified as a DBE or joint venture DBE by: the Department shall cooperate with the Department in supplying additional information which may be requested in order to make a determination. -10- SC-16 I I I I I I I I I I ,--- I " i . r- I I I ~ " II I j' I I 5. Once certified, a DBE shall update its submission annually by submitting a new Schedule A or certifying that the Schedule A on file is still accurate. Any time there is a change in ownership or control of the fir.m~ . the DBE shall submit a new Schedule A. . 6. Except as provided in 49 CFR Part 23, the denial of a certification by the Department or U.S. DOT shall be final for that contract and other contracts being let by the Department at the time of the denial of certification. DBEs and joint ventures denied certification may correct deficiencies in their . ownership and control and apply for certification only for future contracts. 7. '1;'he Department shall safeguard from disclosure to unauthorized persons information that rea~onably may be regarded as confidential business information, consistent with Federal, State, and local law. APPEALS OF DENIALS OF CERTIFICATION AS A DBE AND COMPLAINTS: 1. APPEALS: Appeals of Denials of Certification as a DBE may be filed with the Department or, if this contract is financed in whole or in part wi th Federal funds, wi th the U. S. DOT in accordance with Section 23.55 of 49 CFR Part 23. 2. COMPLAINTS: Complaints pursuant to the requirements of this provision may be ~iled with the Department or, ,if this contract is financed in whole or in part with Federal funds, with U.S. DOT in accordance with Section 23.73 of 49 CFR Part 23. .. -11- ..- ~ 5C-17 I I I I I I I I I I I I .- I ~ I I I ' [- II · f' Firat Use: March 23, 1990 . VENDOR ID: . PROJECT NO. "COUNTY: DBE GOALS BID.DER'S COMPANY NAM]4: f.!):lbu.c; InnS ~(UL.hD{'l Co. k. kJ e,hfV\Of\d GnLtll ~ . roTAL BID: tfPJ1(53D, 30 LET NO: LET DATE: THE REQUIRED DBE GOAL ON THIS CONTRACT IS: Five (5) Percent. I PROPOSE TO UTILIZE THE FOLLOWING DBE'S: US,.T OF DBE PARTICIPANTS VENDOR NUMBER -WORK CODE AMOUNT rfV"'\ .00 '5L TOTAL ~~ 8fj),OIJ PLEASE NOTE: Only 60 % of the participation of a DBE Supplier who does not manufacture or install the product will ~ counted toward the goal. See back of this page for further instructions. .For Departmental use only. Do not fill in Vendor numbers nor work codes. SC-18 I I I ..; I I r ' I' I I I r- II I r r I~ I r- II- I 1'1 ~ I I- I r I r~ .. INSTRUCTIONS FOR LIST OF DBE PARTICIPANTS If a DBE Goal is indicated, you must propose to achieve a goal that is equal to or greater than the percentage required. If no Goal is indicnted you may propose your own goal. The DBE firms to be utilized as counting toward the proposed goal must,be listed on this form, along with their addresses, type of work and amount to be paid to the minority firms. DBE firms to be utilized as subcontractors, material haulers, or suppliers should be included on this form.. The amount entered will not necessarily be the contract amount, but must be the amount that will be paid to the DBE firm. In the case of a DBE' supplier, the amount paid and 60% of that amount should both be entered, and only the 60% figure shouJd be added to the total. This may be shown as follows: Vendor Namel Type of Work .Work Amount No. Address (City, State Code ABC Oil Company Supply Diesel Fuel $80,000.00 Atl~ta, GA (60% = $48,000.00) Please Note: For 60% of the amount paid to a DBE supplier to be eligible to count toward fulfilling the DBE Goal, the supplier must be a "regular dealer" in the product involved, and not just a broker. "Regular dealers" would normally sell the product to several customers and would usually have an inventory on hand. *For Departmental use only, Do not fill in.Work Codes. . SC-19 I I I I I f I I. I I 1 I. I I I. - I I' f' 11-' I ro. I, r REQUIRED CONTRACT P~OVISIONS FOR FEDERAL-AID CONTRACTS BUY AMERICA January 7. 1994 Revised: December 17, 1987 Revised: February 22, 1988 Revised: March 25,1992 Revised: June 9, 1995 First Use 1993 Specifications: October 22, 1993 All manufacturing processes for steel and iron materials and steel and iron coatings permanently incorporated into this project must occur in' the United States of America. However, pig iron and processed, pelletized, or reduced iron ore used in the production of these products may be manufactured outside the United States. This requirement, however, does not prevent a minimal. use of foreign materials and coatings, provided the cost of materials and coatings used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500.00, whichever is greater. NOTE: Coatings include: epoxy coating, galvanizing, painting and any other coating that protects or . enhances the value of the material. CONVICT PRODUCED MATERIALS March 25,1992 Revised: September 6, 1993 First Use 1993 Specifications: October 22, 1993 Materials produced by convict labor after July I, 1991, may not be used for Federal-Aid highway construction projects unless it meets the following criteria: 1. The materials must be produced by convicts who are on parole,'supervised release or probation from a prison; or, 2. If produced in a qualified prison facility, the amount of such materials produced in any 12-month period in such facility for such constnlction during the 12-month period ending July I, 1987. A qualified. prison is defined as one produ~g convict made materials prior to July I, 1987. . . . SC-20 I I I I I I I " I I I I I I I I' I II I f' - STANDARD FEDERAL EQUAL OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) (43 FR 14895) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; . I ' b. "Director" means Director, Office of Federal Contract Compliance Progr~, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); . (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or othe.r Spanish Culture or origin, regardless afrace); (im Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and parti~ipation or community identification). 2. 'Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the' Notice which contains the applicable goals for miIiority and female participation and which is set forth in the soli,citations from which this contract resulted. 3. If the Contractor is participating (pW'SUaIlt to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. ' Each Contractor or Subcontractor participating in' an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any.covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered arl!a. The Contractor is expected to make substantially unifonn progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall SC-21 I, I I I I I I I' I I I I I I I I I f- I r excuse' the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. .6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training. subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's complianc;e with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The . Contractor shall specifically ensur.e that. all foremen, superintendents, and other on-site supervisory personnel are awue of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female ind.ividuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to mipority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. . c. Maintain a .c;urrent file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect.to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, ifreferred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the . Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor. or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training progTamS for the area which expressly include minority and women, including. upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programS funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing the notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the Company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bUlletin boards accessible to all employees at each location where construction work is performed. . roo II' SC-22 I I I I I I I I I I I I I I I I g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending. subject matter discussed, and disposition of the subject matter. . , h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and test to be used in the selection process. . . j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. 'Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least armually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage .these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that. seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessaIy changing facilities shall b~ provided to assure privacy betw~en the sexes. o. Document and maintain a record of all solicitations of offers for subcontractsttOm minority and female construction contractars and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. r 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their. affirmative action obliga,tions (7a through pl. The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a I member and participant, may be asser"..ed as fulfilling anyone or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the'group, ' makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its . /.. SC-23 I I I I I I I I I I I I I I I I r I r - ["- ~ individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalfoftbe Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minoritY groups, both male' and female, and all women, both minority and non- minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group i$ employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation-of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race. color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry Qut such sanctions and penaltiGrS for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations~ by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order,11246, as amended. 13. The Contr~ctor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 eFR 60-4.8. . 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number. race, sex. status (e.g., mechanic, apprentice, trainee, helper,. or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay. and locations at which the work was performed. Records shall be maintained in an easily understandable and. retrievable form; )1owever, to the degree that existing records satisfy this requirement. contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring ofIocal or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Prognu:n). ' r I SC-24 I I' I I I I Ii I" I I I I I r' I ( I NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAl EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) (43 FR 14895) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specification" set fortllhereiD. 2. The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: GOAlS FOR FEMAlE PARTICIPATION: APPENDIX A (43 FR 19473) The following goal for female utilization shall be included in all Federal and federally assisted construction contracts and subcontracts in excess 0($10,000.00. The goal is applicable to the contractor's aggregate on-site construction workforce whether or not part of that workforce is performing work on a Federal or federally-assisted construction contract or subcontract. This goal for female participation applies nationwide. . The goal for female participation is 6.9%. GOALS FOR MINORITY PARTICIPATiON (Excerpted from Federal &gister I Volume 45, No. 194 I October 3, i980 I Notices) Appendix B-80 Until further notice, the following goals for minority utilization in each construction craft and trade shall be included in all Federal or federally Lo;sisted construction contra.cts and subcontracts in excess of $10,000.00 to be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's total oasite construction,workforce, regardless of whether or not part of that workforce is performing work on a Federal, federally assisted or nonfederally related project, contract or~n~ . ConstnIction contractors which are participating in an approved -Hometown Plan (see 41 CFR 60-4.5) are required to comply with the goals of the Hometown Plan with regard to conatruction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the'ilpplicable SMSA. or EA goal contained in this appendix B-80. Economic Areas Goal 0036 Augusta, GA: SMSA Counties: 0600 Augusta., GA-SC ..................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21.2$ GA Columbia; GA Richmond; SC Aiken Non SMSA Counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32.8% GA Burke; GA Emanuel; GA Glaso:x:k; GA Jefferson; GA Jenkins; GA Lincoln; GA McDuffie; GA Taliaferro; GA Warren; GA Wukes; SC Allendale; SC Bamberg; SC Barnwell; SC Edgefield; SC McCormick r- I f- r SC-25 I I I I I Ii" I I I If I I' r- II I 0036 Atlanta, GA: 0620 Atlanta, GA ............................................................ 21.2% GA Butts; GA Cherokee; GA Clayton; GA Cobb; GA Dekalb; GA Douglas; GA Fayette; GA Forsyth; GA Fulton; GA Gwinnett; GA Henry; GA Newton; GA Paulding; GA Rockdale; GA Walton Non SMSA Counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19.5% GA Banks; GA BarroW; GA BartoW; GA Carroll; GA Clarke; GA Coweta; GA Dawson; GA ~lbert; GA Fannin; GA Floyd; GA Franklin; GA. Gilmer, GA Gordon; GA Greene; GA Habersham; GA Hall; GA Haralson; GA Hart; GA Heard; GA Jackson; qA Jasper, GA Lamar; GA Lumpkin; GA Madison;'GA Morgan; GA Oconee; GA Oglethorpe; GA Pickens; GA Pike; GA Polk; GA Rabun; GA Spalding; GA Stephens; GA Towns; GA Union; GA Upson; GA White 0037 Columbus, GA: SMSA Counties: 1800 Columbu.'J, GA-AL '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29.8%.. . AL Russell; GA Chattahoochea; GA Columbus Non SMSA Counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31.6% AL Chambers; AL Lee; GA Hanis; GA- Marion; GA Meriwether, GA Quitman; GA Schley; GA Stewart; GA Talbot; GA Troup; GA Webster 038 Macon, GA:' SMSA Counties: 4680 Macon, GA ............................................................ 27.5% GA Bibb; GA Houston; GA Jones; GA Twiggs NOD SMSA CQ\lD.ties: ............................................................ 31.7% 'GA Baldwin; GA Blackley; GA Crawford; GA Crisp; GA Dodge; GA Dooly,; GA Hancock; GA Johnson; GA Laurens; GA Macon; GA Monroe; GA Peach; GA Pulaski; GA Putnam; GA Taylor; GA TeIfair,'GA Treutlen; GA Washington; GA Wheoler, GA WilcoX; GA Wilkinson 039 Savannah. GA: SMSA Counties: 7620 Savannah, GA ..... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30.6% GA Bryan; GA Chatham; GA Effingham Non SMSA Counties .. . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29.6% . GA Appling; GA Atkinson; GA Bacon; GA Bulloch; GA Candler: GA Coffee; GA Evans; GA Jeff Davis; GA Liberty; GA Long; GA McIntosh; GA Montgomery; GA Berenns; GA Tatt:n.aII; GA Toombs; GA Wayne; SC Beaufort; se Hampton; SC Jasper 040 Albany, GA: SMSA Counties: 0120 .Albany, GA ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32.1 CI, . - - GA Dougherty; GA Lea Non SMSA Counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31.1 % GA Baker, GA Ben Hill; GA Bemen; GA Brooks; GA Calhoon; GA Clay; Ga Clinch; GA Colquitt; GA Cook; GA Decatur, GA Early; GA Echols; GA Grady; GA Irwin; GA .' Lanier: GA Lowndes; GA Miller; GA Mitchell; GA Randolph; GA Seminole; GA Terrell; GA Thomas; GA Tift; GA Turner, GA Worth - = r- { r I r ," I . SC-26 I : I I ~~~ 1E'1 II. . 'I ..E lQ.. ;:;~ 8cJ - .. z~ ~ ~~ 1: i 13R :I I :1 I .~ 3 ~ :!'a! Doc:!. ~ )00, .. .. ! J 'I( I d .r }JR :I ... 'a "' ~ ! i s .. R i l- I ! ... all! .. 18 I "' ...! I ..' 1 ,. '.8.~ J ~ II ~:- ~ 'OiE ,: I I.. c~i: Gi"~ 5-Z E 8 'a I i jil i I '~I~ ! ....I ~I' . o '1- ~ II. ~ ~.. I '''I -1 ;:" j~ 2 h . ~.. -%. t; .. I ] "'X ~ e;l u ill' ..I ~:l ! I :1 ! .. ., * .- 0 :I: I z 'a- ..1 j .. ~ i!~:a I .lo:! - - .3 ~ l!: 0- ii~ i &. t ... - ID .ji g ~ -Ii a: .. ~.f I c -.. z :: !,lii:a g :;. il":; . CO ce l II ~ . :.1 .J i.; 5 ~.. i . ;i~ ~ C u; . 1: · . ~ '::Ul I 1 I Do i .. . d S >. j~ ~ II. .. ...~.. 0 . -i I i! r a. I . z ~ ( J] Ni - ~ J .!!. 8 ~.- ! rlj!~ .,:, ~j ~ 11- ; s: z:. ~ -c ~ ~f 8 ...1 a . - r' :1- i -; ~ '1 iiii 18 ~ ~J! " ::a :'..;: i 1) ;; Cl": U to to to .. f' ~ , 5C-27 ~ I I I 'I I I I I II I I I I I I INSTRUCTIONS FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT (Co.257) The Monthly UtilIzatIon Repcxt Is to be ~ed by each subfect contrad<< (boU1 ptlme and sub) and signed by a responsible otIIc!&I of the CCIQ1)lInY: The I8pOCts 11I1I to be filed by the 5Ch dJrf of e&d1 month duing die term of the contract, and they Ih&IIlncfude the IolaI WOdc-hoc.n f<< 88d'I Of11lIoyea classlflc&tlon In 8lICh trede In the covered 11I1I8 foe die monthly repoftIng pedod. The pctm& CllC'Itr&c::t<< IhaII luImt a /'8POIt for Its. &ggl'8g8te woc1c force. AI nIpOCta aI\eI be lubmitted to the OF~ ollice In YOIX 11I1I8. (AddItIon&I copies of this rorm InIy be obtQ/necf from the u.s. Department of Labor, ~ SIandards Admnbtratlon, OFCCP's ollice for yr:AJl1ll1l8.) FedereI Funding Agency Ms. Mary Fogan Phone (-404) 347-4707 AlIanta AIM 0Ired<< 1375 Peachlree SInNlt HE Room 6n AIIanta, GA 30367 u.S. Govenvnen<< agency funding pI1lfect (In whole << In part). If monIlhen one eoencY,lIst an. Contrector My COIJ1*lY wt\Ic:h has a c:onstJuctIon contr&d with the U.S. Govemrnert or a contract l'unded In whole << In pelt with Federal finis. Indudes Blades, HIspanics, AmeI1can Indians, Alaskan NaCIYes, end Asian and Pacific Islandera-both men end women. Mlnonty 1. Covered Nea GeographIc 8198 IdenIIfled In NotIce ruquInId under 41 CFR 6G-4.2. Federal SocIal Sectdy NtMrber UIed on ~I Quart8lfy Federal TaX Ret\m (U.S. Tl'88Sury 0epe/tm8nt Form 941). . See ConIrac:t NoCfftcatlon. 2. . Emp/oy8l'1 identification Nurmer . 3. Cumlnt Gaels (M1noffty & Female) 4. Reporting Period Monthly, <<as dlrec:ted by OFca', beginning with die effectlve data of die contrad. 5. Constluc:tlon Trade Only lhase oonslNdlon Cl'lIfts 'M1Ich c:orbact<< 8fT'4IIoys In die COY<<'lId' area. 6. Wodc-Hocn of EJt1lIoyment (&-4!) I I I Oasslfication 7. Mlncxtty Percentage i ! 8. Female P8tC8I1tage : . 9. Toeal Numw of ~... I ! 10. Total Ntmler of MIncxty Emp/oyees a. The total rurber of male HOURS end the total nc.mber of femsle HOURS woc1ced by ~ees In each classlflc:atlon. b.~. The total /1UIri)e( of male HOURS end the total number of female HOURS wad<ed by 8lICh apecified group of rrincriy ~ In eac:h classlftcatlon. The ley. of 8CCIl)(TClIIs1vnent << status of the wad<er In the trade (Jouney WOI1cer, Apprentice, Trainee) The percentage of total mnority wad<~ of .. wad<~ (the 11m of colurms 6b, 6c, 6d, and 6e dMded by coIuIm 6a; just one ftgunt for eech consbUc:tlon trade). F<< each trede the nc.mber reported In Sa. F ~ by the Iwn of die nurbets reported In 6a. M and F. Total NUMBER of male and total t.oIUMBER of fem&Ie 4IC11lIoYees woc1cIng In eech classification of eac:h trade In die c:orbactoc"l &ggnlQlIte wad< force dOOng I'9pOf1ing peOOd. . - - Total NUMBER of msIe rrinotIty ~ and total NlJf.IBER of femIIe minortty ~... 'Mlf1cIng In each c:IaaaIficaISon In 8lICh trade In the ccntrac:toc's &QOnIOIIte wad< force ck.IIng repoctIng period. Public Burden Statement r- We esllma18 I1at It will taka an average of 60 minutes per response to compIeta this collection of Informallon, including ame for nMewVlg Instrucllon, S&&rCNng exlsllng data 1OUl'C88, gelhering and maintaining !he data neec\ed, end compleCIng and reviewing !he colIecllon of Informallon. It you have any ocmuents regardng tl8lI8 estmates or any olller aspect of IhIa colIecIlon of Infonnallon, including suggesllons forl'8C1x:hg this tx.nSen, send them 10 \he 0Il\ce of IRM PoIlcy, U.S. Oeper1ment of Labor, Room N1301, 200 Consl/lullon AV8008, N.W. Washington, D.C. 20210; and to !he 0Il\ce of Management and BUdget, Papecwor1c Reducllon Project (121S0163), WashIngtcn, D.C. 20503. 00 NOT SEND THE COMPLETED SURVEY TO EITHER OF THESE OFFICES SC-28 Ii I J If I f I ,- EXHIBIT D 1\ I f' TERMS AND CONDITIONS I r I f I r- I r I r- I r- I r I f I Coo ~ " - ( ,- ~ SC-29 I I I If I r I I r ! I I I i I ,.. ,I I . - iiii ( ! r I r- . AiWA.I273 B8dRlricV8lllon- March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Page I. GENERAL......,......................,..............,................................................ 0-1 II. NONDiSCRIMINATION.................................................... ................. ............. 0-2 III. NONSEGREGATED FACILITIES... .... ....... . .. ........ ...... . ... .................:... ............ .... .. 0-4 IV. PAYMENT OF PREDETERMINED MINIMUM WAGE . .... ................. ... ... .............................. 0-4 V. STATEMENTS AND PAYROLLS ......,.......,.,... ...................... .................. .............. 0-7 VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR ......................................................... 0-8 VII. SUBLETTI~G OR ASSIGNING THE CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0-8 VIII. SAFElY: ACCIDENT PREVENTION ...................., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0-9 IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS ................... .... ............ ............... 0-9 X. IMPLEMENTATION OF CLEAN ,AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT ........ ......... ...... 0-9 XI. CERTIFICATION REGARDING DEBARMENT;SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. '" . . .. .'. E;l-10 XII, CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING .................................. 0-12 ATTACHMENTS A. Employment Preference for Appalachian Contra~; (included in Appalachian contracts only). . . _. . . . . . . . . . . . . . . . . . . . . . 0-13 I. GENERAL 1, These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework. station work, or by subcontract. 2. Except as otherwise provided for in each section. the contractor shall.insert in each subcontract all of the stipulations contained in these Required Contract Provisions. and further require' their inclusion in any lower tier subcontract or purcl1ase order that may in rom be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of atrf of the stipulations conlain~d in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of !he following clauses of !he Required Contract PlO\Iisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2. 3, 4. and 7; Section V. paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 51 and Section V of these Required Contrad Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of !he U,S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between !he contractor (or any of its subcontractors) and the contracting agenc:y, the DO~ or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract. the contractor shall not: 0-1 5C-30 I . a discriminate against labor from any other Slate, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or . . I b. employ convict labor for any purpose within the limits of the project u!"less it is labor performed by convicts who are on parole, supervised release, or probation. I II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more,) I 1, Equaf Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal oppor1unity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall ccnsliD.Jte the EEO and specific affirmative action standards for the contractor's project activities under this contract The Equal Opportunity Construction CorItrac~ Specifications setlorlh under 41 CFR 60-4,3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 ~~,) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: I I a The conlractcr will work with the State highway agency (SHA) and the Federal Government in canying out EEO obligations and in their review of hislher activities under the contract. I b. The contractor will accept as his operating policy the following statement: I .It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion. sex,. color, national origin, age or disability. Such action shall indude~ employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and solection for training, including apprenticeship, preapprenticeship, and/or on-the-job training: I 2. EEO Officer: The contractor wiD designate and make known to the SHA contracting officers an EEO OffiCer who will hav~ the responsibility for and must be capable of effectively administering and promoting an active con~ctor program of EEO and who must be assigned adequate authority and responsibility to do so. I 3. Dlssemlnallon of POlicy: All members of the contractor's stall who are authorized to hire, supervise, promote, a.,d discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: . . II a Periodic meetings of. supervisory and pemonnel offlC8 employees will be conducted before the start of work and then not less often than once lNery six months. atwhich time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. I b, All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contraCtor. I r- I c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forlh the contractor's aEO policy will be placed in areas readity accesSible to employees, applicants for employment and potential employees, . - e. The contractor's EEO porlCY and the procedures to implement such policy will be brought 10 the attention of employees by means of meetings, employee handbooks, or other appropriate means, " 4. Recruitment: When advertising far employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placod in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recNitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identily i. sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration, ,. ./ b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) ,-- I I 0-2 f - 5C-31 I I I I I I I I.. I I ( ; I I I I... I'! " . , I I ,- I I c. The contractor will encourage his present employees to refer minority group applicants for employment Information and procedures with regard to referring minority group applicants will be discussed with employees. ' 5. Personnel Actions: W/iI!JSS, working ccncfjtions, and employee benefits shall be established and administered, and personnel actions 01 (Nary type, inclucfmg hiring, upgrading, promotion, transler, demotion. layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The lollowing procedures shall be lollowed: a The contractor will conduct periodic inspectio.'1s 01 project sites to insure that working conditions and employee facilities do not i!,dicate discriminatory treatment 01 project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. . c. The contraclcr wiD periodically review selected personnel actions in depth to determine whether thete is evidence of discrimination. Where evidence is found, the contractor will prompUy lake corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. . d. The contractor will prompdy investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, wiD attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. lithe invesligation indicates that the discriminalion may affect persons other than the complainant, such corrective action shall in:lude such other persons, Upon completion 01 each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a The conlraclor will assist in locating, qualifying, ar:d increasing the skills of minority group and women employees, and applicants for employment. b, Consislentwith the contractor's work lorce requirements and as permissible under Federal and Slate regulations, the contractor shall make full use of .training programs, i.e., apprenticoship, and on-the-job training programs lor the geographical area of contract performance. . Where feasible, 25 percent 01 apprentices or trainees in each occupation shall be in their first year of apprenticeship or training, In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for.employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training ar.d promotion. 7. Unions: lithe contractor relies in whole or in part upon unions as a source of employees. the contractor will use hislher best efforts . to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority ~ female employees. Actions by the contractor either directly or through a contractor's association acting as agent will indude the procedures set lorth below: a. The conlraclcr will use. best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills 01 minority group employees and women so that they may qualify lor higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to reler applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain inlormation as to the referral practices and policies of the labor union except that to the extent such inlormation is within the exdusive possession 01 the labor unicn and such labor union reluses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow 01 minority and women referrals within the time .limit set lorth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fiD the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing lor exdusive referral failed to refer minority employees.) In the event the union referral practice prevents the contraclcr from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor, shall immediately notify the SHA. 8. Selection 01 Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds 01 race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement 01 materials and leases 01 equipment. a. The conlractor shall notify all potential subcontractors and suppliers 01 hislher EEO obligations under this contract. 0-3 5C-32 I I I I I I I I I I I I I I I I I If'" If" b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which .the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to. utilize DBe subconlractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction 6rms from SHA personnel. c. The contractor will use his best efforts to enst:re subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained lor a period of three years following completiofl of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA, a. The records kept by the contractor shall document the following: (1) The number of minority and non-minority group members and women employed in each work c1assi6cation on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; (4) The progress and efforts being made in securing the services of DBe subcontractors or subcontractors with meaningful minority and female representation among their employees, b. The conlraeters will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currenlly engaged in each work classification required by the contract work. .This information is to be reported on Form FHWA-1391. If on-lhe-job training is being required by special provision, the contractor will be required to collect and report Iraining data. III. NONSEGREGATED FACIUTIES (Applicable to all Federal.a~d construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this materiaL supply agreement or purchase order; as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the lirm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm. does not permit its employees to perform :heir services at any location, under its control, where segregated facilities are maintained. . The lirm agrees that a breach of this certilicalion is a violation of the EEO previsions 01 this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the tenn .segregated facilities. means any waiting rooms. work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking foun~ins, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, - or are, in Iact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local cuslDm, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g, disabled parking), c. The conlractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior ID award of subccnlracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempLI 1. General: a All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less otten than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter .the wage determination.) which is allached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the conlraclor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-~495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, conlributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act (40 U.S.C. 216a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 0-4 SC-33 I I IV, paragraph 3b, hereof. Also. for the purpose of this Section, regular contributions made or cosls incurred for more than a weekly period (but not less often than quarterly) under plan$, funds, or programs, which cover the particular weekly period, are deemed to be conslnJctively made or incurred during such weekly period. Such laborers and mechanics shall'be paid the appropriate wage rate and fringe benefils on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs . 4 and 5 of this Section IV. I b. laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification lor the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. I c. All rulings and interpretations of the Davis-Bacon Act and related acls contained in 29 CFR 1, 3, and 5 are herein incorporaled by reference in this contract. I 2. ClassUlcaUon: a The SHA conlracting officer shall require that any class of laborers or mechanics employed under the contract, which is not fisled in the wage determination, shall be classified in conformance with the wage determination. I b. The contracting officer shall approve an additional classification, wage rate and fringe benefils only when the following criteria have been met: I (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional.classilication is utilized in the area by the construction industry; I (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rales contained in the wage determination; and I (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. I c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additicnal classification or their representatives, and the conlracting officer agree on the classi fication and wage rate (including the amount designated for fringe benefits where appropri~te), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, 'or disapprove every additional classification actien within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the aD-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropiiate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contra'.:ting officer do not agree on the proposed classification and wage rate Qncluding the amount designated for fringe benefils, where appropriate), the contracting officer shall refer the questions, including the views, of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination.. Said Adminis- trator, or an authorized representative. will issue a determination within.30 days 01 receipt and so advise the contracting.officer or will notify the contracting officer within the 30-day period that additional time is necessary I I I e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: I a Whenever the minimum wage rate prescribed in tho contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part 01 the wages 01 any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of' Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been mel The Secretary of Labor may require the contractor to set aside in a separate account assels lor the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL. Employment and Training . Administration, Bureau 01 Apprenticeship and Training, or with a Stale apprenticeship agency recognized by the Bureau. or if a person is employed in hish1er first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually 0-5 SC-34 I I registered in the program, but who has been c:ertified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice, I (2) The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. An'J employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addilion, any apprentice performing work on the job sita in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determi- nalion for the work actually performed, Where a contractor or subcontractor is performing construclion on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the joumeyman-Ievel hourly rata) specified in the contractor's or subcontractor's registered program shall be observed. I (3) Every apprentice must be paid at not less than the rata specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage detarminatiol], Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determinalion. I I (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, wilhdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the appI~le predetermined rate for the comparable ~rk performed b~ regular employees until an acceptable program is approved. b. Trainees: I I . (1) Except as provided in 29. ~FR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Adminislration. I (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the' plan' approved by the Employment and Training Administralio!1, Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved ~ the Employment and Training Administralion shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. I (3) Every trainee must be paid at not Iess'than the rato specified i;'l the approved program lor his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on. the wage determ:nation unless the Administrator of the Wage and Hour Division determines that - there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which . provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. I I (4) In the event the Employment and Traini:lg Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. I c. Helpers: Ii Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage detemination for the classification of work actually performed. I' 5. Apprentices and Trainees (Programs of the U.S. DOT): ii Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements ol paragraph 4 of this Section IV. The straight time hourly wage rates lor apprentices and trainees under such programs will be established by the particular programs. ,The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: .' r- The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold. or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary 10 pay laborers and mechanics. including apprentices, trainees, and 0-6 r- I 5C-35 I I helpers, employed by the contractor or eny subcontrac!or the lull amount of wages required by the contraeL In the event of failure to pay any laborer or mechanic, including any apprenliClt, trainee, or. helper, employed or working on the site of the work, aD or part of the wages required by the contract, the SHA contracling ollicer may, after written no liCIt to the contraclor. lake such aclion as may be necessary 10 cause the suspension of any further payment, advance, or guarantee of funds unlil such violalions have ceased. I 7. Overtime Requirements: I No contractor or subcontractor contracting fOJ any part of the contract work which may require or Involve the employment of . laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require Of permit atrf laborer, mechanic, watchman, or guard in atrf workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and- one-halftimes hislher basic rate of pay for all hours warked in excess of 40 hours in such workweek. I 8. Violation: I Liability for Unpaid Wages; Liquidated Damages: In the event of any violalion of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable 10 the affected employee for hislher unpaid wages. In addition, such contractor and subcontraclor shall be liable to the United Slates (in the casa of work done under contract for the Dislrict of Columbia or a territory, to such District or to such terrilory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause sat forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted 10 work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. I 9, Withholding for Unpaid Wages and Uquldated Damages: I I i I The SHA shall upon ils own action or upon written request of any-authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract Of any other Federal contract with the same prime contractor. or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contraclor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS I r' I ! (Applicable to all Federal-aid construction contracts exceeding 52,000 and to all related subcontracts , except for projects located on roadways classified as local roads or rural c:olleclors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): I The contractor shall comply with the Copeland Regulations of the Sea-etary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: I , a. Payrolls and basic record!; relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices.- trainees, watchmen, helpers, and guards working at the sile of the work. . b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (incluc:f1l19 rates of CXIntributions or costs anticipated for bona lide fringe benelils or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked: deductions made: and acluaJ wages paid. In addition, for Appalachian CXIntracts. the payroll records shall CXIntain a notation indicating whether the employee does, or does nol, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant 10 Section IV, paragraph 3b, has found that the wages of ar.y laborer Of mechanic include the amount of any costs reasonably anticipated in providing benelits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment 10 provide such benefits is enforceable. that the plan or program is financil1.lIy responsible. lhatlhe plan or program has been communicalec! in writing Ie the laborers or mechanics affected, and show the cost anticipated or the actual Cost incurred in providing benefits. Conll'aclDrs or subconlractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontraclor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll 01 wages paid each of its employees (including apprentices. trainees, and helpers, desaibed in Section IV, paragraphs 4 and 5, and walchmen and 9uards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all 01 the inlormation required to be maintained under paragraph 2b of this Section V. This information may be submitted in any lorm desired. Optional Form WH.347 is available for this purpose and may be purchased Irom the Superintendent of Documents (Federal slock number 029{)05-0014-1), U.S. Government Printing Ollice, Washington, DoC, 20402. The prime conlractor is responsible for the submission of copies of payrolls by all subcontractors. r~ 0-7 SC-36 I I I I I I 1 I I I I 1 r I ! I I. I r" d, Each payroll submitted shall be acqompanied by a "Statement of Compliance," signed by the contractor or subcontractor or hislher agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll'period contains the information required 10 be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper. apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages e~ned. other than permissible deductions iU set forth in the Regulations, 29 CFR 3; . (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classi6cation of worked performed, as specified in the applicable wage determination incorporated into the contract e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH.347 shall satisfy the requirement for submission of the "Statement of Co~pliance" required by paragraph 2d of this Section V. . f, The laJsilicalion of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C.231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOl, and shall permit such representatives to interview employees during wori<ing hours on the job. If the contractor or subcontractor fails 10 submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to.the contractor, sponsor, applicant, or owner, lake such actions as may be necessary 10 cause the suspension of ar:y furUler payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Vf. RECORD OF MATERIALS, SUPPUES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, exceptlhose which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a lorce account or direct labor basis, highway beautification contr~ts, and contracts lor which the total final construction cost lor roadway and bridge' is less than $1,000,000 (23 CFR 635) the contractor shalf: . a. Become familiar with Ihe list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal F.unds." prior to the commencement of work under this contract b. Maintain a record of the total cost of all materials and supplies purchased lor and incorporated in the work, and also of the . quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47, . c, Fumish, upon the completion of the cc;ntract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a Iinallabor summary of all contract work indicating the total hours worked and the total amount earned. 2, At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. . VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The conlraclor shall perform with its own organization contract work amounting to not'less than 30 percent (or a greater percentage . if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work requiled to be performed by the contractor's own organization .(23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and. equipment owned or rented by the prime contractor, with or without operators, Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements ,set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who 'performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting ollicer determines is necessary to assure the perlormance of the contract. 0-8 5C-37 I I I I I I I I I I I I I f" I I' I I . ,.- - - I r... r-- 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the wrinen consent of the SHA contracting officer, or authorized representative, and'such consent when given shall not be construed to relieve the contractor.of any responsibility for the fulfillment of the. contract Written consent will be given only alter the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION ,. In the performance of this contract the contractor, shall comply with all applicable Federal, State, and local laws governing safety, . health, and sanitation (23 CFR 635), The contractor shall provide all safeguards, safety. devices and protective equipment and lake any other needed actions as it delermines, or as the SHA contracting officer may determine, to be reasonably necessmy to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a ccndition of this contract. and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract. that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanilaly, hazardous or dangerous to hislher health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3, Pursuant to 29 CFR 1926.3. it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of enby to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers. and workers on Federal-aid highway projects, it . is essenlialthat all persons concerned with the project perform their functions as carefully, thoroughly, and honesdy as possible_ Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in.one or more places where it is readily available to all persons concemed with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C, 1020 reads as follows: .Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever. whether a person, association. firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality; quantity, or cost of /he material used' or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans. maps, specifications, contracts, or costs of construction on any highway or related project submined for approval to the Secretary of Transportalion; or . Whoever knowingly makes any false statement. false representation, false report or false claim with respect 10 the character, quality, quantity. or cost of any work performed or to be performed, or materials furnished or to be fumished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as 10 material fact in any statement. certificare, or report submined pursuant to provisions of the Federal-aid Roads Act approved July t, 1916, (39 Stat. 355), as amended and supplemented: Shall be fined not more that $10,000 or Imprisoned not more than 5 years or both.. . X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTlON CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract. as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to'have stipulated as lollows: 1. lhatany faci6ty lhatis or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 !!!!!!!!., as amended by Pub.L 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S,C, 1251 !!! !!!S., as amended by Pub.L 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S, Environmental Protection Agency (EPA) Ust of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance wilh alllhe requirements 01 Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall prompdy notify the SHA of the receipt of any communication from the Director, Office 01 Federal Activities, EPA. indicating that a lacility that is or will be utilized for the contract is under consideration to be listed on the EPA Ust of V!olating Facilities. 0-9 5C-38 I I I I I I I I I I I I II ." .1 C ( I 4. That the firm agrees ~ include or cause to be included the requirements of paragraph 1 through 4 of this Section'X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTlFICATION REGARDING DEBARMENT, SUSPENSION, INEUGIBIUTY AND VOWNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal-aid contracts. 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inabaity of a person to provide !he certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shalJ submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter il)to this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from partiCipation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification. in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of defaull d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submilled if any time the prospective primary participant.1earns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. . e. The terms "covered transaction; "debarred; "suspended; "ineligible; "lower tier covered transaction; "participant; "person; "primaiy covered transaction,. .principal," "proposal,. and "Iioluntarily excluded,. as used in thi:: clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which .this proposal is submil".ed for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees QY submitting this proposal that. should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended. declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by th'e department or agency entering into this transaction. . g, The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding: Debarment, Suspension. Ineligibility and Voluntary Exclusion.Lower Tier Covered Transaction.. provided by the department or agency enteriAg into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of II prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide !he melhod and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the non procurement portion of tile OUsts of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Non procurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f o~ these instructions. if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactions 1. The prospective primary partidpant certifies to the best of its knowledge and belief, that it and its prindpals: a. Are not presenUy debarred, suspended, proposed for debarment. declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; r' b. Have not within a 3.year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a aiminal offense in connection with oblaining. attempting to obtain, or performing a public (Federal, State or local) D-10 5C-39 I I I I r I I I I I I I f I I I ; I I I f' . r- - I j- r- I transaction or contract under a public transaction; violation 01 Federal or State antitrust statutes or commission 01 embezzlement, thelt. lorgery, bribery. lalsification or destruction 01 records, making Ialsa statements, or receiving stolen property: c, Are not presenUy indicted lor or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission 01 any 01 the offenses enumerated in paragraph 1b 01 this certilication: and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated lor cause or delault 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. tnstructions lor Certification. Lower Tler Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prCll;pective lower tier is providing the certification set out below. b. The certilication in this clause is a material representation of lact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower lier participant knowingly rendered an erroneous certification, in addition to other remedies available to the. Federal Government, the depar1ment, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by feason 01 changed circumstance!;. d. The terms 'covered transaction; 'debarred; .suspended; 'ineligible; .primary covered transaction; .participant; .person.' 'principal; 'proposal; and "voluntarily excluded; as used in this clause, have the meanings set out in the Delinitions and Coverage sections 01 rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy 01 those regulations. e. The prosp;ective lower Iier.participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. I. The, prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled 'Certification Regarding Debarment; Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction; without modification, in all lower tier covered transactions and in all solicitations for lower tiar covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covero?d transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A P.Brticipant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the loregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and inlormation 01 participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course 01 business dealings. . i. Except lor transactions authorized under paragraph e ollhese inslruclions, il a participant in a covered transaction knowingly enfers into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tler Covered Transactions: 1. The prospective lower tier participant certifies, by submission 01 this proposal, that neither it nor its principals is presendy debarred, suspended, proposed for debarment.. declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 0-11 5C-40 I I I I I I I I r I I I I r- I ! r' I. I r- I I I C I I-- I I r I I I- I I f- r I- I" 1 XII. CERnFICA nON REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) ,. The prospective participant certifies, by signing and submitting this bid or proposal, to the best 01 his or her knowledge and belief, that: a No Federal appropriated funds have been p8id or will be paid, by or on behall of the undersigned, to any person lor innuendng or attempting to innuence an officer or employee 01 any Federal agency, a Member of Congress, an officer or employee 01 Congress, or an employee 01 a Member of Congress in connection with the awarding 01 any Federal contract, the making of any Federal grant, the making of any Fedetalloan, !he entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification 01 any Federal contract, grant, loan, or cooperative agreement . b. If any funds other than Federal approprialed funds have been paid or will be paid to any person for innuendng or attempting to innuence an officer or employee 01 any Federal agency, a Member of Congress, an officer or employee 01 Congress, or an employee of a Member of Congress in connection with !his Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn-LLL. .Disclosure Fonn to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation 01 fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite lor making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to fi~) the required certification shall be subject to a civU penalty 01 not less than $10,000 and not more than $100,000 lor each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 0-12 SC-41 I I I I I I I' I I' I r I I j ! I i I II I I' I I I- I If I r , r ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During !he performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wher~in the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b, For !he reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to oller employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the Slale Employment Service indicating (a) the dassifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he eStimates such employees will be required, and (d) any other pertinent information required by the Slate Employment Service to complete the job order form. The job order may be placed with the Slate Employment Service in writing or by telephone. If during the COUlSe of !he contract work, !he information submitted by the contractor in the original job order is substantially modified, he shall prompUy notify the Slate Employment Service, 3. The contractor shall give full consideration to all qualified job applicants referred to him by the Slate Employment Service. The . contraclDr is not required to grant employment to any job appfrcants who, in his opinion, are not qualified to perform the dassification of work' required. . ' 4. If, within 1 week following the placing of a job order by the contractor with the Slate Employment Service, the Slate Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service wiD fotward a certificate to the conlraclDr indicating the unavailability of applicants, Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, !he contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment'A in every subcontract for work which is, or reasonably may be, done as on-site work. 0-13 SC-42 I I I I I I I' I I I I r I r- ( I r- I r I r" r r r- LOWER TIER CONTRACTOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS I hereby certify that I am the tive of the 1 attached j structioos represeotatives: 'd.e/)-I- and duly authorized represent~- u. 0,., c..o . :r::n~ . ,. whose address IS GIJ ~and I certify that I have read and understand the at to the best of my knowledge and belief the firm and its (a) Are not preseotly debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by the. Georgia Department of Transportation and by any Federal department or agency; (b) I ackoowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and that this firm agrees to abide by the rules and conditions set forth thereio for any misrepresentation that would render this certification erron~ous, including termioation of this Agreement and other remedies available to the Georgia Department of Transportation and Federal Governmeot. (c) I further acknowledge that this certificate is to be furnished to the Georgia Department of Transportation, in coooection with the Prime Contractor Agreement involving the participation of Federal. Highway Funds, and is subject to applicable State and Federal laws, both criminal aDd civil. c::r ..111 I I Ii If I I I I II I. I' I I I Instructions for Appendix 1 Certification Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - - - Lower Tier Covered Transactioos i- r- This certificatioo applies to subcontractors, material suppliers, vendors and other lower tier participants. 1. By signing and submitting this proposal, the prospective' lower tier participant is providing the certificatioo set out in Appendix 1. 2. The certification, Appendix 1, is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly reodered an erroneous certification, in addition to other remedies available to the Federal Government, the Departmeot or Agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which the proposal is submitted if at any time' the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarred", "suspended", ineligible", '.'Iower tier covered transaction", "participant", "persoo", "primary covered transaction", "principal", "proposal", and "voluotarily excluded", as used in these instructions aDd the certification, have the meanings set out in the Definitions aAd Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which tl'1is proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier-participant agrees by submitting this proposal/contract that should the proposed covered transactioo be entered into, it shall not knowiogly enter into a lower tier covered transaction with a person/firm who is debarred, suspended, declared ioeligible, or VOluntarily excluded from participation in this covered traosaction unless authorized by the Departmeot or agency with which this traosaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal/cootract that it will include the clause titled "Certification Regarding, Debarment, Suspension, Ineligibility and Voluntary Exclusion - - - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered traosactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishmeot of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person io the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions. if the participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactioo in addition to other remedies available to the Federal Government, the department or agency may pursue available remedies, including suspension andlor debarment. . . - - - r . c:r _/lIl I I If I I I I r I! i I I r' I -' It Ii I I r I r . \- CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY I further certify that I have_, have not ~ participated in a previous contract or subcontract subject to the equal opportunity CI~, as required by Executive Orders 10923, 11114, or 11246, and that I have ----J or have not , filed with the Joint Reportiog Committee, the director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filiog requirements. I unders'tand that if I have participated in a previous contract or subcontract subject to the Executive Orders above aDd 'have not filed the required reports that 41 CFR 60-1.7(b){1) prevents the award of this contract unless I submit a report governiog the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. . Bidder's IRS No. $'<6~~~3330Lj Reports aDd notifications required under 41 CFR 60-4 including reporting sub-contract awards in excess of $10,000.00 should be addressed to: Ms. Carol. Gaudin . Assistant Regional Administrator Office of Federal Contract Compliance Programs 1375 Peachtree Street, NE, Room 678 Atlanta, Georgia 30367 - ,r - I \- t r f . c:r ~c I I I I I I' I I I I I II I (' I r- EXAMINATION OF PLANS AND SPECIFICATIONS I hereby certify that I have carefully examined the plans for this project and the "Standard Specifications". 1993 Edition, "1996 Supplemental Specification Book", and the -Supplemental Specifications and Special Provisions included io and made a part of this Proposal, and have also personally examined the site of the work. On the basis of the said specifications and plans, I propose to furnish all necessary machinery, tools, apparatus and other means of construction, and do all the work and furnish all the materials in the manner specified. I understand the quantities mentioned are approximate ooly and are subject to either increase Or decrease and hereby propose to perform any increased or decreased quantities of work or extra work on the basis provided for in the Specifications. I.also hereby agree that Augusta-Richmond County would suffer damages in a sum equal to at least the amouot of the enclosed Proposal Guaranty, in the event my Proposal should be accepted and a Contract tendered me thereunde~ and I should refuse to execute same and furnish bond as herein required, io consideration of which damage, and io order to prevent same, which is, necessarily, iocomputable and irreparable: I hereby agree that, in the eveot of such failure on my part to execute said Cootract and furnish said bond withio fifteen (15) days after the date of the letter traosmitting the Contract to me, the amount of. said Proposal Guaranty shall be and is hereby, forfeited to Augusta-Richmond County as liquidated damages as the result of such failure 00 my part. I further propose to execute the contract agreement described in the Specifications as soon as the work is awarded to me, aDd to begin and complete the work within the time limit provided. I also propose to furnish a Cootract Bond, approved by Augusta-Richmond County, as required by the laws of the State of Georgia. This bond shall root only serve to guarantee the completion of the work on my part, but also to guarantee the excellence of both workmanship and materials until the work is finally accepted, .as wen as to fully comply with all the laws of the State of Georgia. m{1re,h J.Jj9Gt0 ate ~~/ _. r . r- I \ r- /' r- Sr.-4fi I I I I I I I I I I I I I I r- I I I II- I - NOTICE TO CONTRACTORS COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS During the performance of this Contract, the CONTRACTOR, for itself, its assignees and successors in Interest (hereinafter referred to as the "CONTRACTOR"), agrees as follows: (1) Compliance with Regulations: The CONTRACTOR will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations [also 49 CFR Part 27]), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The CONTRACTOR, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, national origin, or sex in the selection and retention of subcontractors including procurement of materials and leases of equipment. The CONTRACTOR will not participate either directly or indirectly in the discrim ination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program, set forth in Appendix B of the RegUlations. In addition,'the CONTRACTOR will not participate either directly or indirectly in the discrimination prohibited by 23 CFR 710.405(b). (3) Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiations made by the CONTRACTOR for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR of the CONTRACTOR's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin or sex. (4) Information and Reports: The CONTRACTOR will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the SPONSOR, State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with .such Regulations. orders and instructions. Where any information required of the CONTRACTOR is in the exclusive possession of another who fails or .refuses to furnish this information, the CONTRACTOR shall so certify to the SPONSOR, State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain this information. (5) Sanctions for Noncompliance: In the event of the CONTRACTOR's noncompliance with the nondiscrimination provisions of this contract, the SPONSOR shall impose such contract sanctions as it or the State Department of Transportation or Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments ~o the CONTRACTOR under the contract until the CONTRACTOR complies, and/or (b) cancellation, termination or suspension of this contract, in whole or in part. I I I (6) IncorDOratlon of Provisions: The CONTRACTOR will include the provisions of paragr$phs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless eXQmpt by the Regulations. order. or instructions issued pursuant thereto. The CONTRACTOR will take such action'with respect to any subcontract or procurement as the SPONSOR, State Departm ent of Transportation or the Fe~eral Highway Administration may direct as a means of enforcing such provisions including sanctionsl for noncompliance. Provided, however. that in the event the CONTRACTOR becomes involved in, or is threat~ned with. litigation with a subcontractor or supplier as a result of such direction, the CONTRACTOR may request the SPONSOR to enter into such litigation to protect the interests of the SPONSOR. In addition, the CONTRACTOR may request the State or the United States to enter into such litigation to protect the interests of the State or the United States, respectively. 5C-47 I. I I I I I I I I.,! If I [" I r- I r- ;; [- " ,. I ~ 1 I i . CERTIFICATION OF CONTRACTOR DRUlG-FREE WORKPLACE rnab~ CDflS fyu.c.hd", authorized repres ntative of 'hM(Q/\ ~ ~ . whose ItS -klt G It I aDd t is also certified (1) The provisions of Section 50-24-1 through 50-24-6 of the, Official Code of Georgia Annotated, relating to the "Drug-Free Workplace Acr have been complied with in full; and (2) A drug-free workplace wiJI be provided for the CONTRACTOR's employees during the performance of the contract; and (3) Each subcontractor hired by the CONTRACTOR shall be required to ensure that the subcontractor's employees are provided a drug-free workplace. The CONTRACTOR shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with the CONTRACTOR, <the subcontractor> 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 the Offic:ial Code of Georgia Annotated Section 50-24-3"; and, (4) It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensatioo, possession, or use of a controlled substance or marijuana duririg the performance of the contract. i1JrAvd, III )Ojq~ Date I I I r- SECTION I TS-O I TS-02 I I TS-03 TS-04 I TS-05 TS-06 I TS-07 TS-08 I TS-09 TS-IO I f TS-ll TS-12 I TS-13 TS-14 I , TS-15 I I i TS-16 . TS-17 . TS-18 TS-19 - - TS-20 I TS-21 I f' I- i I. t r- r-- SECTION TS-~ INDEX TO TECHNICAL SPECIFICATIONS TITLE NO. OF PAGES 2 4 5 3 8 2 3 3 3 3 4 4 3 1 3 7 5 2 2 1 1 Clearing and Grubbing Grading Excavating, Trenching and Backfilling for Pipe Lines Excavating and Backfilling for Structures Concrete Reinforcing Steel and Appurtenances Miscellaneous Metals Masonry Concrete Pavement .. Brick Pavement Granite Structural Steel Painting and Caulking Irrigation System Landscaping Planting Electrical Requirements Conduit Conductors Lighting Fixtures and Lamps Grounding Construction Reviews, Inspection and Testing TS-O-O I I I I I I I I I I I I I I..: I' I I I r- : I SECTION TS-Ol. CLEARING AND GRUBBING -01. SCOPE: Clearing and grubbing shall consist of the removal and disposal of trees, brush, stumps, logs, grass, weeds, roots, decayed vegetable matter, posts, fences, stubs, rubbish and all other objectionable matter resting on or protruding through the original ground surface or along the edge of the river, both in the water and on shore. Complete clearing and grubbing shall be accomplished within the immediate construction limits of any excavation, borrow area, or embankment, and where otherwise indicated on the plans. Selective clearing and grubbing shall consist of the removal and disposal of all trees and bushes marked for removal with standard forestry marking paint and the removal and disposal of all brush, stumps, logs, grass, vines, weeds, roots, decayed vegetable matter, posts', fences, stubs, rubbish and all other objectionable matter resting on or protruding through the original ground surface or along the edge' of the river. Selective clearing and grubbing shall be accomplished in all areas of the site which are outside the 'areas to be completely cleared and grubbed. -02. CONSTRUCTION METHODS: 1. ' APPLlCA nON OF HERBICIDE: All objectionable vines, weeds, grass, etc. shall be poisoned prior to planting grass in open areas or grubbing in wooded areas. The Contractor shall thoroughly and selectively apply a herbicide, equal to "Roundup," to the entire riprap area of the levee, followed by additional applications at four to seven day intervals as recommended by the manufacturer. Acceptance of the work under this paragraph will be based upon a complete kill of the objectionable growth. Any rhizome Johnson Grass which survives shall be hand-pulled. Herbicides shall not be applied during rain or when rain is predicted. 2. CLEARlNG: Clearing shall consist of the felling and cutting up, or the trimming of trees, and the satisfactory disposal of the trees and other vegetation together with the down timber, snags, brush and rubbish occurring within the areas to be cleared. Trees and other vegetation, except such individual trees, groups of trees, and vegetation, as may be indicated on the drawings to be left standing, and all stumps, roots and brush in the areas to be cleared shall be cut off one foot above the original ground surface. Trees and shrubs to be left standing are defined as those within the entire site which are not marked in the field for removal. Extreme care shall be taken not to bruise, scar, or otherwise damage vegetation to be left standing, including its roots. Individual trees and groups of trees designated to be left standing within selectively cleared areas or adjacent to cleared areas shall be trimmed of all branches to such heights and in such manner as may be necessary to prevent interference with the construction operations. Trees located betweep the Esplanade and the River Walk shall be trimmed of all branches to a height of 15 feet or as directed in the field to provide relatively clear sight lines between the two walkways. TS-O I-I i I I I I I I I I I: I'; I I I': I I r r" 1\ I ~ r- !!! - All limbs and branches required to be trimmed shall be neatly cut close to the whole of the tree or to main branches, and all cuts over one half inch in diameter thus made shall be painted with an approved tree wound paint. Individual trees, groups of trees, and other vegetation to be left standing, shall be thoroughly protected by barriers at or beyond the drip line, or by such other means as the circumstances require. Clearing operations shall be conducted so as to prevent damage by falling trees to trees left standing, to existing structures and installations, and to those under construction, and so as to provide for the safety of employees and others. 3. GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots and matted roots from the site as indicated on the drawings. The area between the River Walk and the river bank shall be cleared and selectively grubbed by hand to prevent loss of the root mat which stabilizes the bank. In foundation areas, stumps, roots, logs or other timber, matted roots, and other debris not suitable for foundation purposes shall be excavated to a depth not less than 18 inches below any subgradc, shoulder or slope. At other locations, small brush, roots, stumps, weeds, etc. shall be removed by hand. Compressed air hoses (but not water) may be utilized to facilitate the work. All stumps on embankments shall be removed entirely. All depressions excavated below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material equal to the surrounding soil and compacted to make the surface conform to the surrounding ground surface. Where trees are removed from riprap areas, stone shall be replaced by hand to conform to the surrounding rip rap surface. Stone riprap shall be removed from areas where structures are to be built and reserved for patching the riprap surfaces throughout the site. Should there be insufficient stone on the site to accomplish this work, the Contractor shall furnish such additional stone as may be needed. -o~~ DISPOSAL OF CLEARED AND GRUBBED MATERIAL: ' Saw logs, pulp wood; cord wood or other merchantable timber removed incidental to clearing and grubbing shall become the property of the Contractor and may be sold by him, provided such disposal is otherwise in accordance with these specifications. All matter removed shall be hauled away and deposited at the Owner's Goodrich Street disposal site or at such other locations as may be approved by the Engineer. No matter may be burned on the site. -04. MEASUREMENT AND PAYMENT: Payment shall be made according to the lump sum price as shown in the bid schedule for Clearing and Grubbing. TS-01-2 I I ,- I'! I I I' I I I I I I I I I I SECTION TS..O~ GRADING -01. SCOPE: This section covers grading for roadways, drives and walks, including all excavations, formation of embankments, preparation of subgrade for pavements and finishing and dressing of graded earth areas, shoulders, and ditches. Work in connection with excavation, trenching, and backfilling for utility lines is specified under the section entitled "Excavating, Trenching and Backfilling for Pipe Lines." Work in connection with structures is specified under "Structural Excav.ation and Backfill." -02. CONSERVATION OF TOPSOIL: Except where otherwise noted on the plans, topsoil shall be removed without contamination with subsoils and spread on areas already graded and prepared for topsoil, or shall be transported and deposited in storage piles convenient to areas that are to receive application of topsoil later, or at locations indicated. Topsoil shall be stripped to a depth of3 to 6 inches and, when stored, shall be kept separate from other excavated materials and piled free of roots, stones, and other undesirable materials. . -03. EXCAVATION: The term "excavation" used hereinafter is defined as "unclassified excavation." Excavation of every description regardless of material encountered within the grading limits of the project, shall be performed to the lines and grades indicated. Suitable excavated material shall be transported to and placed in fill areas within'the limits of the work. When directed, unsuitable material encountered within the limits of the work shall be excavated below the grade shown and replaced with suitable material. Suitable and unsuitable soils for specific areas are listed in the table appearing on Sheet G-03 of the plans. Materials considered unsuitable are those conforming to Classes PT, OH, CH, MH, OL, CL, or ML as described under the Unified Soil Classification System. Such material removed. and the selected material ordered as replacement shall be included in excavation. Unsuitable and surplus excavation material not required for fill. shall be disposed of in designated waste or spoil areas. During construction, excavation and filling shall be performed in a manner and sequence that will provide drainage at all times. Material required for fills in excess of that produced by excavation within the grading limits shall be imported from offsite borrow-areas selected by the Contractor at no additional cost to the Owner. -04. SELECTION OF BORROW MATERIAL: If I I. GENERAL: Borrow material shall be selected to meet the requirements and conditions of the particular fill for which it is to be used. The material shall consist of suitable soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash and any other deleterious material. Specific soil requirements are shown in the table on Sheet G-03, and elsewhere on the plans and herein. Any necessary clearing,: grubbing, disposal of debris and satisfactory trimming and drainage of the borrow areas shall be considered incidental to operations of the borrow excavation and shall be performed by TS-02-1 f' I I I I I I I I I I I 1'1 i I I :- the Contractor at no additional cost to the Owner. Except structural excavation in excess' of that required for backfill, no borrow shall be obtained within the limits of the project site without written approval. 2. BORROW AREA(S): Borrow material shall be furnished by the Contractor from private sources selected by the Contractor and shall consist. of a suitable material of the type mentioned above. The Contractor shall ol:tain from the Owners the right to procure material, shall pay all royalties and other charges involved, and shall bear all the. expenses of developing the sources, including rights-of-way for hauling. -05. EXCA V A TION OF DITCHES AND GUTTERS: Ditches and gutters shall be cut accumtely to the cross-sections and grades indicated by the drawings. All roots, stumps, and other foreign matter in the sides and bottom of ditches and gutters shall be cut 1 foot below finish grade. Care shall be taken not to over-excavate ditches and gutters below the grades indicated. Any excessive ditch and gutter excavation due to removal of roots, stumps, etc., or due to over-excavation shall be backfilled to grade either with suitable material, thoroughly compacted, or with suitable stone or cobble to form an adequate gutter paving, as directed. . The Contractor shall maintain all ditches and gutters excavated under this specification free from detrimental 4uantities of leaves, sticks, and other debris until final acceptance of the work. . Suitable earth material excavated from ditches and channel changes shall be placed in embankments. Excavated material shall not be deposited within a distance from the edge of any excavation of less than I Y2 times the depth of the excavation. When storm drain pipe terminates in a new ditch, the headwall or end section together with ditch pavement shall be constructed immediately as called for on the plans. Ditch slopes and disturbed earth areas shall be grassed as required under the section entitled uGrassing." The Contractor shall be responsible for maintaining these newly constructed ditches and take immediate action subject to approval to keep erosion of the ditch bottom and slopes to a minimum during the life of the contract. No additional compensation will be given to the Contractor for the required maintenance. -06. PROTECTION OF EXISTING SERVICE LINES AND UTILITIES STRUCTURES: Any existing utility lines that are to be retained, as well as utility lines discovered during excavation operations, shall be protected from damage during excavation and backfilling, and if damaged, shall be repaired by the Contractor at his expense. -07. BACKFILL NEAR STRUCTURES: . Backfill near structures shall be placed and compacted uniformly in such manner as to prevent wedging action or eccentric loading upon or against the structures. Slopes bounding or within areas to be backfilled shall be stepped or serrated to prevent sliding of the fill. During backfilling operations and in formation of the embankments, equipment that will overload the structure in passing over and compacting these fills shall not be used. Backfill for storm drains and subdrains, including the bedding, shall conform to the additional requirements as specified. . I ! TS-02-2 I I I I I I I I I I I I I I I I I . _ I · r- -08. PREPARATION OF GROUND SURFACE FOR FILL: All vegetation, such as roots, brush~ heavy sods, heavy growth of grass, and aU decayed vegetable matter, rubbish and other unsuitable material within the area upon which fill is to be placed shall be stripped or otherwise removed before the fill is started. In no case will unsuitable material remain in or under the fill area. Sloped ground surfaces steeper than I vertical to 4 horizontal on which fill is to be placed shall be plowed, stepped or benched, or broken up as directed, in such manner that the till material will bond with the existing surface. Prepared surfaces on which compacted fill is to be placed shall be wetted or dried as may be required to obtain the compaction specified. -09. FILL: Fills and embankments shall be constructed at the locations and to lines and grades indicated. The completed fill shall correspond to the shape of the typical section indicated or shall meet the requirements of the particular case. Suitable material r~l11oved from the excavation shall be used in forming the fill. Fill material shall be reasonably free from roots, other organic material and trash, and from stones have maxin:um dimension greater than 6 inches. No frozen material will . be permitted in the fill. Stones having a maximum dimension larger than 4 inches shall not be permitted in the upper 6 inches of fill or embankment. The material shall be placed in successive horizontal layers of 8 inches to 12 inches in loose depth for the full width of the cross section and shall be compacted as required. -10. COMPACTION: 1. OVERALL OR OVERLOT AREAS: Each layer of the fill or embankment, except in areas indicated as not requiring compaction, shall be compacted by rolling with an approved tamping roller, heavy rubber-tired roller, three steel-wheeled power roller, vibratory roller or other compaction equipment, whichever is best suited for the types of soil encountered, as approved, to at least 95 percent of maximum density at optimum moisture content as determined by ASTM-698, unless otherwise speci"fied. 2. FIELD CONTROL: Field density tests will be perfornled in sufficient number to insure that the specified density is being obtained. On roadways; walkways or linear fill areas. a minimum of one test for each 200 linear feet shall be made for each lift. These tests will be made at the expense of the Owner and will be in accordance with AASHTO Standard T -191. Refer also to the table on'Sheet G-03 of the plans. -11. FINISHED EXCAV~TION. FILLS. AND EMBANKMENTS: I All areas covered by the project, including excavated and filled sections and adjacebt transition areas, shall be uniformly smocth graded. The finished surface shall be reasonably smooth, compacted, and free from irregular surface changes. The degree of finish shall be that ordinarily obtainable from either bladegrader or scraper operations, supplemented with hand raking 8r!d finishing, except as otherwise specified. The finished surface shall be not more than 0.10 foot abO\'e or below the established grade or approved cross section. Ditches and gutters shall be finished so as to permit adequate drainage. The surface of areas to be grassed or planted shall be finished to smoothness suitable for the application of grassing and planting materials. The surface of TS-01-3 I I I I I I I I I I I I ! I r I r- I r I r I I embankments or excavated areas for road construction or other areas to be paved on which a base course or pavement is to be placed shaH not vary more than 0.05 foot from the established grade and approved cross section. In areas where the bulking of soil as a result of grassing operations will tend to retard surface drainage along the edge of pavements, the finished grades shall be left 0.05 foot below grad~ prior to grassing. . -12. DISPOSAL OF WASTE MATERIAL: , All vegetation, roots, brush, sod, broken pavements, curbs and gutter, rubbish, and other unsuitable or surplus material stripped or removed from the limits of construction shall be disposed of off the site, except where otherwise approved in writing by the Engineer. The material shall be dumped, spread, and leveled to drain. Surplus excavation shall be hauled to, compacted in accordance with overall and overlot areas, and sloped to drain in the disposal area where directed. The unsuitable material shall be removed from the site. -13. PLACEMENT OF TOPSOIL: . Topsoil shall be placed on all shoulders, slopes, ditches, and other earth areas graded under this contract, excluding borrow areas, unless otherwise specified' on the plans. Topsoil shall be uniformly placed on these areas to a compacted depth of not Jess than 3 inches or more than 4 inches. The material shall be free from clods of soil, matted roots, roots greater than ~ inch in diameter, and any other objectionable material which might hinder subsequent grassing and mowing operations. The material shall be placed, leveled, and lightly compacted with at least one pass of a cultipacker or light pneumatic-tired roller, to required cross sections, but shall be left 0.05 foot below the finished earth grade. -14. PROTECTION: Newly graded areas shall be protected from traffic and from erosion, and any settlement or washing away that may Qccur from any cause, prior to acceptance, shall be repaired and grade~ re-established to the required elevations and slopes, at no additional expense to the Owner. -15. MEASUREMENT AND PAYMENT: Payment for grading work covered by this section will be included in the price for each of the various sitework items in which the grading is incidental to, as shown in the Bid Schedule, and delineated on the General Plan. - I TS-02-4 ,-- I I I I I I I I I I I I I SECTION TS-03 EXCA V A TING, TRENCHING AND BACKFILLING FOR PIPE LINES -01. SCOPE: This section covers all excavation, trenching and backfilling for pipe lines, complete. -02. EXISTING IMPROVEMENTS: The Contractor shall maintain in operating condition and protect from damage all existing improvements including utilities, roads, streets, sidewalks, drives, power and telephone lines, gas lines, water lines, sewers, gutters and other drains encountered, and repair to the satisfaction of the Engineer any aerial, surface or subsurface improvements damaged during the course of the work. Where and if shown on' the plans, the locations and existence or nonexistence of underground utilities are not guaranteed. The Contractor shall contact the various utility companies to determine and/or verify such information prior to proceeding with the work. He shall make reasonable and satisfactory provisions for the maintenance of traffic on'streets, drives, walkways and at street crossings and 'if necessary to provide temporary walkways and bridges for crossing of the open trench as directed. -03. EXCAVATION: All excavation of every description and of whatever substances encountered shall be performed to the depths indicated on the drawings or as specified herein. Water piping shall be installed with a minimum finished cover of 30 inches. Excavation shall be made by.the open cut method except as otherwise specified or shown on the drawings. . . All excavated materials not required for fill or backfill shall be removed and wasted as directed. The banks of trenches shal~ be kept as nearly vertical as practicable and where required shall be properly sheeted and braced. Except where otherwise indicated, trenches shall be not less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, and shall be excavated true to line, so that a clear space of not less than 6 inches nor more than 8 inches in width is provided on each side. of the pipe. The .bottom of trenches shall be accurately graded to provide uniform bearing and support for each section of the pipe on undisturbed soil at every point along its entire length, except for portions of the pipe sections where it is necessary to excavate for bell holes and for the proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been graded. Bell holes shall be excavated only to an extent sufficient to permit accurate work in the making of the joints and to insure that the pipe, for a maximum of its length will rest upon the prepared bottom of the trench. Depressions for joints other than mechanical shall be made in accordance with the recommendations of the joint manufacturers for the particular joint used. Excavation for structures and other accessories shall be sufficient to leave at least 12 inches in. the clear between their outer surfaces and the embankment or timber which may be used to hold the bank and protect them. Where damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. Except at locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate below the depths indicated. Where rock excavation is required, the rock shall be excavated to a minimum overdepth of 4 inches below the normal required trench depth. The overdepth rock excavation and all excess trench r I I TS-03-1 I I I I I I I I I 1 I I I I' I II II ,...- I: excavation shall be backfilled with loose, moist earth, thoroughly tamped. Rock is defined as materials which are so hard or cemented that the excavation of such material requires blasting. The excavation and removal of isolated boulders or rock fragments larger than 1 cubic yard in volume encountered in materials of common excavation shall be classified as rock excavation. Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as detennined by the Engineer or indicated on the drawings, is encountered in the trench bottom, such soil shall be' removed to a depth required for the lengths designated by the Engineer, and the trench backfilled to trench bottom grade, as herein specified, with coarse sand, fine gravel, or other suitable material. Backfill with' earth under structures will not be permitted and any unauthorized excess excavation below the levels indicated for the foundation of such structures shall be filled with sand, gravel, or concrete. 1. GRADING AND STACKING: All grading in the vicinity of trench excavation shall be controlled to prevent surface ground water from flowing into the trenches. Any water accumulated in the trenches shall be removed by pumping or by other approved methods. During excavation; material suitable for backfilling shall be stored in an orderly manner a minimum distance of I Y2 times the depth of the excavation back from the edges of trenches to avoid overloading and prevent slides or cave-ins. Material unsuitable for backfilling, as determined by the Engineer, shall be removed from the job site and disposed of by the Contractor in a manner as approved by the Engineer. Refer to the table on Sheet G-03 .of the plans for definitions of suitable and unsuitable soils. 2. SHORING AND SHEETING: All shoring, sheeting, and bracing required to perform and protect the excavation and to safeguard employees and the public shall be performed. The failure of the Engineer to direct the placing of such protection shall not ~elieve the Contractor of his responsibility for damage resulting from its omission. Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that portion of the sheeting below the elevation of the top of the pipe shall not be disturbed or removed. Sheeting left in place shall be cut off not less than 1 foot below finished grade: ,No sheeting shall be removed until the excavation is substantially backfilled as hereinafter specified., 3 . WATER REMOVAL: Where water is encountered, it shall be'prevented from accumulating. in excavated areas by pumping, well-pointing and pumping, or by other means approved by the Engineer as to capacity and effectiveness. Water removed from excavations shall be discharged at points where it wi:! not cause injury to public or private property, or the work completed or in progress'- Under no circumstances shall trench bottoms be prepared, pipes laid, or appurtenances installed in water. Water shall not be allowed to rise in unbackfilled excavations after pipe or structures have been placed. 4. BLASTING: Explosives are to be used only within legal limitations. Before explosives ate used, all necessary permits for this work shall be secured and all precautions taken in ~e blasting operations to prevent damage to private or public property or to persons. The Contractor shall assume full liability for any danlage that may occur during the use of explosives. No blast shall be set off within 50 feet of pipe already laid in the trench. ' 5. TREE PROTECTION: Care shall be exercised to protect the roots of trees to be left standing. Within the branch spread of the tree, trench shall be opened only when the work TS-03-2 . . I I I I I I I I I I I I I' I II I r" I r- If I can be installed immediately. Injured roots shall be pruned cleanly and' backfill placed as soon as possible. -04. BACKFILLING: Trenches and other excavations shall not be backfilled until all required tests are performed and the work has been approved by the Engineer. The trenches shall be carefully backfilled with the excavated materials approved for backfilling. Refer to the table on Sheet 0-03 of the plans. No material shall be used for backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete or pavement, or other hard materials having any dimension greater than 4 inches; or large clods of earth, debris, frozen earth or earth with an exceptionally high void content. For backfill up to a level 1 foot over the top of pressure pipelines and 2 feet above the top of gravity pipelines, only selected materials shall be used. Select materials shall be finely divided material free from debris, organic material and stone, and may be suitable job excavated material or shall be provided by the Contractor from other sources. The backfill shall be placed in uniform layers not exceeding 6 inches in depth. and compacted .to 95 percent of the maximum density. Each layer shall be moistened and carefully and uniformly tamped with mechanical tampers or other suitable tools. Each layer shall be placed and tamped under the pipe haunches with ca,re and thoroughness so as to eliminate the" possibility of voids or lateral displacement. The remainder of the backfill material shall then be placed and compacted above the level specified above. No unsuitable material shall be used. The backfill shall be placed in 6 inch layers and each layer moistened and compacted to 95 percent of maximum density. The Laboratory will accomplish two in-place density tests for each 500 feet of trench and for each major soil type. One test shall be at mid depth and one at the surface. Any trenches which are improperly backfilled, or where settlement occurs, shall be reopened to the depth required for proper compaction, the~ refilled and compacted with the surface restored to the required grade compaction. Along all portions of the trenches not located in roadways, the ground shall be graded to a uniform surface and left in a neat condition satisfactory to the Engineer. Sheeting not. specified to be left in place shall be removed as the backfilling progresses. Sheeting shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of sheeting and" shoring shall be carefully filled and compacted. Where, in the opinion of the Engineer, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. -05. I I I Where called for on the plans to install the 84 inch storm sewer pipe through the levee, the following special materials wi.ll be utilized: SPECIAL BEDDING: I. LIGHT WEIGHT AGOREGA TE: Light weight aggregate equal to Solite Yo. inch block mix having an approximate maximum Standard Proctor dry density of 70 - 80 pcf. TS-03-3 I I I 1 I I 1 1 I I I 1 I I II 1"'- 2. BENTONITE: The clay mineral, Bentonite, will be mixed 10 percent by weight with sand clay to provide seepage cutoff under the pipe as indicated. The material shall' be contaminant resistant Wyoming type bentonite gellant, such as V olclay Satine Seal 100, or equivalent. -06. BORING AND JACKING: Where required by the drawings, the pipeline will be installed in a steel casing, placed by boring and jacking. Where boring is required under highways, the materials and workmanship will be in accordance with the standards of the State Highway Department or local authority. Boring and jacking under railroads will be governed by the latest A.R.E.A. standards and those of the railroad involved. The steel casing shall be in accordance with ASTM A252 to the thicknesses shown on the drawings. -07. PAVEMENT REMOVAL AND REPLACEMENT: Where necessary existing pavements shall be removed and replaced, the applicable standards of the State Highway Department or local authority shall govern this work. Joints shall be sawed, unless joints equally uniform in the opinion of the Engineer result from other means. All pavement repairs shall consist of a concrete slab no less than 8 inches thick extending 12 inches on each side of the specified trench widths. Where the parent pavement is concrete, the slab surface shall be smoothly finished flush with the surrounding pavement. Where the parent pavement is asphalt or brick, the concrete slab shall be raked finished and topped with 1 inch of surface mix asphalt paving rolled flush with the surrounding pavement or topped with salvaged brick as applicable. Compacted graded aggregate at least 12 inches thick may be used in lieu of concrete only in areas where it is necessary to resume traffic immediately "and only if approved by the Engineer in advance. -08. REMOVAL AND REPLACEMENT OF EXISTING PIPE AND EOUIPMENT: Where indicated on the drawings or required to properly place the work under tlus contract, as approved by the Engineer, the Contractor shall remove and replace such pipe lines and equipment in a manner as approved by the Engineer. -09. MEASUREMENT ANI> PAYMENT: Excavation and backfilling for pipelines and appurtenances, except as hereinafter provided for, will be considered as incidental to the construction of the various elements of the installation it is associated with, and no separate payment will be made therefor. When made at the direction of the Engineer, overcut and backfill to compensate for inadequate foundation will be paid for at the unit contract price for overcut and clean stone bedding,' per ton of stone or for overcut and backfill with suitable material, per cubic yard of backfill, whichever be applicable. _ r .1 Timber sheeting ordered to be left in place will be paid for at the unit contract price for sheeting left in place, per board foot (f.b.m.). - r" \ TS-03-4 I I I r I I f I r" I I r" I Ii I r-" I f" r- I. 11 I r If I r If I Joints or sawing in pavements will not be paid for separately. Pavement removal and replacement will be paid for at the'unit contract price therefor, per square yard. Pavement removal, outside the limits and widths specified or shown will not be paid for. TS-03-5 1 I I r" I; I .' I I I I I I I I I I I I r- If ,.. I' SECTION TS-04 EXCAVATING AND BACKFILLING FOR STRUCTURES -01. SCOPE: , This section covers excavating, filling and backfilling for building construction work and incident thereto. -02. DEFINITIONS: 1. Unsatisfactory materials include those conforming to classes PT, OH, CH, MH, or OL, or as described in the Unified Soil Classification System, as adopted by the Corps of Engineers and the Bureau of Reclamation in January 1952. .2. COHESIONLESS AND COHESIVE MATERIALS: Cohesionless materials include gravel, gravel-sand mixtures, sands, and gravelly sands. Cohesive materials include clayey and silty gravel, gravel-silt mixtures, clayey and silty sands, sand-clay mixtw'es, clay silts, and very fine sands. When reSults of compaction tests for moisture-density relations are recorded on graphs, cohesionless soils will show straight lines or reverse-shaped moisture density curves and cohesive soils will show normal moisture-density curves. -03. SITE PREPARATION: .. The work area shall be stripped of all topsoil, vegetation, timber, debris and other rubble. .Loose soil from stump removal shall be removed from stump holes. Where required, stump holes shall be backfilled with clean earth and compacted as specified on the drawings. Areas containing soft, organic or other objectionable material shall be removed as directed by the Engineer. -04. EXCAVATION: 1. GENERAL: The excavation shall confoml to the dimensions and elevations indicated for each building and structure, except as specified hereinafter. Excavation shall extend a sufficient distance from walls and footings to allow for placing and removal of forms, installation of services, and for inspection, except where the concrete for walls and footings is authorized to be deposited directly against excavated surfaces. Excavations carried below indicated depths will not, be permitted except to remove unsatisfactory material. Unsatisfactory material shall be excavated below the grades shown, as directed, and replaced with satisfactory material. Excavation methods shall generally meet or exceed Occupational Safety and Health Administration (OSHA) construction industry standards. Material removed below the depths indicated without specific direction of the engineer shall be replaced, at no additional cost to the Owner, to the indicated excavation grade with satisfactory materials placed and compacted as specified except that concrete footings shall. be increased in thickness to the bottom of overdepth in earth excavation and overbreak in rock excavation. TS-04-1 I I I. I I I I I I I I I I II -05. 2. DRAINAGE: Excavation shall be performed in such manner that the.area of the site and the area immediately surrounding the site will be continually and effectively drained by gravity. Water shall. not be pennitted to accumulate in the excavation. The excavation shall be drained by satisfactory methods to prevent softening of the foundation bottom, undercutting of footings, or other actions detrimental to proper construction procedures. 3. SHORING: Shoring, including sheet piling, shall be furnished and installed as necessary to protect workmen, banks, adjacent paving, structures, and utilities. Shoring, bracing, and sheeting shall be removed as excavations are backfilled, in a manner to prevent caving. 4. BORROW: Where satisfactory materials are not available in sufficient quantity from required excavations, approved materials shall be obtained from the borrow areas from approved sources off Owner-controlled land at the Contractor's responsibility. The necessary clearing and grubbing of borrow area disposal and burning of debris therefrom, the development of sources including any access roads for hauling and the necessary right-of- way, and the satisfactory drainage of the borrow areas shall be considered as incidental items to borrow excavation. Borrow areas shall be neatly trimmed and trained after borrow excavations are completed. 5. EXCAVATED MA TERIAlLS: Satisfactory excavated material required for backfill shall be placed in the proper section. of the permanent work required 'under this section, or shall be separately stockpiled if it cannot be readily placed. Satisfactory excavated material in excess of that required for the work under this section shall be made available for use in other portions of the permanent overall site work required for the contract project. Satisfactory material in excess of that required for the permanent work and unsatisfactory material shall be disposed of in designated spoil areas as a part of the Contractor's responsibility. No satisfactory material shall be wasted or used for the convenience of the Contractor unless so 'authorized. Stockpiles shall be placed, graded, compacted and shaped for. proper drainage. ,6. FINAL GRADE: Care shall be taken not to disturb the bottom of the excavation, and excavation to final grade shall not be made until just before concrete is to be placed. COMP ACTION OF FILLS: All fills shall be compacted in layers not thicker than eight inches by rolling, tamping, vibrating, or combination thereof. When material varies from optimum moisture content, it shall be treated as follows: . r 1. - I 2. - - r 3. r r'.' I ; When wet, moisture shall be reduced by scarifying and aerating the soil until optimum moisture is obtained. When dry, moisture shall be added by sprinkling, and thoroughly rrlixing to incorporate into the uncompacted soil. Fill and cut areas will be sloped so as to drain properly and prevent accumulation of water. TS-04-2 II I I I I I I I I I' I I Ii Ir Ie Ir- -[ r When existing or cut areas are to be covered with less than one foot offill, the surface shall be'scarified to a depth of eight inches and compacted to the same density as adjacent areas. The compaction obtained shall be no less than 95 per cent of the Standard Proctor Maximum. The top 12 inches of all filled areas shall be compacted to 100 per cent of the Standard Proctor Maximum. -06. FIELD DENSITY DETERMINATIONS: field density determinations may be made to determine the compaction of the fill. These tests will be made in each two foot lift of the fill, and in sufficient number laterally to give complete coverage and assure proper compaction of the entire fill. -07. . BACKFILLING: Backfilling shall not begin until construction below finish grade has been approved, underground utility systems have been inspected, tested, and approved, forms removed, and the excavation cleaned of trash and .debris. Backfill shall be brought to indicated finish grade. Backfill shall not be placed in wet or frozen areas. Backfill shall be of satisfactory materials placed and compacted as specified. Heavy equipment for spreading and compacting backfill shall not be operated closer to foundation or walls than a distance equal to the height of backfill above the top of footing; the area remaining shall be compacted by power-driven hand tampers suitable for the material being compacted. Backfill shall be placed carefully around pipes to avoid damage to- coatings. Backfill shall not be placed against foundation walls prior to 7 days after completion of the walls. As far as practicable, backfill shall be brought up evenly on each side of the wall and sloped to drain away from the wall. -08. PROTECTION: Settlement or washing that occurs in graded or backfilled areas prior to acceptance of the work shall be repaired and grades re-established to the required elevations and slopes. -09. MEASUREMENT AND PAYMENT: No separate measurement or payment will be made for excavation and backfill performed under this section. Payment therefore will be i~cluded in .the contract price for the structure or installation to which such excavation and backfill is incidental. TS-04-3 r' II I r II I I I I 1'1 I' I I I I I I r i I I' I r- I:r I SECTION TS-OS CONCRETE, REINFORCING STEEL AND APPURTENANCES -01. SCOPE: The work of tllis section shall consist of furnishing all concrete and reinforcing steel, joint materials, and all temporary or permanent work required for the complete installation as shown on the drawings. Preparation of soil shall be in accordance with Section IIStructural Excavation and Backfill. II ,. -02. GENERAL REQUIREMENTS: 1. Testing of concrete delivered to the site under this Section will be done by a laboratory , selected by and responsible to the City Engineer; the cost of such testing will be paid by the Owner. A representative of the laboratory shall check conformance with concrete design mixes and shall make the specified test cylinders. Copies of all test reports shall be sent promptly to the Contractor, the concrete supplier, the.Consulting Engineer and any others designated by the City Engineer. Test reports shall indicate the location in the stmcture in which the concrete has been placed. ' 2. The Contractor is required to s<:hedule the order of construction to provide drainage of water in an area under construction. I ,3. Detail shop draWings shall be submitted for'review; one sepia and two prints of each shop drawing shall be submitted for review by the Engineer; no shop drawings will be reviewed by the Engineer until checked and approved by the Contractor. -03. MATERIALS: 1. APPLICABLE SPECIFICATIONS: Materials shall conform with the following: American Society for Testing and Materials Specifications, Federal specifications, Commercial Standards, applicable parts of listed American Co~crete Institute Standards and other indicated specific requirements, each of the latest current date. A. Aggregates: Aggregates for concrete shall conform with ASTM Specification C33, Specification for Concrete Aggregates. B. Portland Cement: Portland cement shall conform with ASTM Specification CISO, Portland cement Type L C. Air-Entrained Portland Cement: Air-entraining Portland cement shall conform with ASTM Designation C 150, Portland cement, Type I or Type IA air-entraining cement. D. One brand and color of cement shall be used for all exposed concrete. E. Water shall be of quality approved for drinking purposes. TS-05-1 II I' I I I I I, I I I 1 j' ., I I i I -04. 1 1. I ," 1 r"- . r r t. F. Steel reinforcing bars shall conform with ASTM Specification A615, Specifications for Deformed Billet-Steel Bars for Concrete Reinforcement, Grade 60. G. Air-entraining admixture shall conform with ASTM Specification C260, Specification for Air-Entraining Admixtures for Concrete, when used with Type I Portland cement. H. Metal accessories, spacers, chairs, ties and inserts shall suit the job conditions and . be standard commercial quality. All items within 3/4 inch from exposed concrete surfaces shall be zinc c.oated, plastic coated, or otherwise treated to prevent rust. . I. Liquid-membrane-forming compound shall be Clear Bond as manufactured by Guardian Chemical Company, Masterseal as manufactured by Master Builders Company, or Sealtight CS309 as manufactured by W. R. Meadows, Inc., or equal. J. Where "Dumbbell waterstop" is shown or called for on the drawings, the waterstops shall be manufactured from. virgin polyvinyl chloride or rubber, and shall have adequate inside strength, elongation, resistance to chemicals and aging,. and,other ' properties as needed to insure good' performance. Waterstops in expansion joints shall be of the center bulb type. K. Back of Wall Drainage where shown on the drawings shall consist of Enkadrain .Matting No. 9120 manufactured by American Enka Company and distributed by American Excelsior Company, Woodbury, Georgia; adhesive shall be 3M Fastbond Contact Cement; filter blanket shall extend beyond the edges of the matting assembly for attaching as shown on the drawing with filter blanket to cover stone over weep holes. . L. . Flap-covered weep hQles.where shown on the drawings shall be 4 inch NEENAH No. 5-5002, Type B gray cast iron pressure relief valve. Other weep holes shall consist of non-ferrous pipe according to the sizes shown on the drawings. M. Finishing products, if approved by field test, shall be white, bonding coatings equal to "Thoroseal" as manufactured by Thoro Sys~em Products, Centerville, Indiana. CONCRETE OUALITY: The Contractor shall be responsible for concrete mix designs, batching, mixing, delivering and placing concrete in accordance with the specifications. Concrete mixes shall meet the following requirements: Coarse Aggregate Size - No. 67 Minimum Cement - 6.35 CWT per C. Y. Maximum Water - 35 gallons per C.Y. Slump - From 3 in. to 4 in. Entrained Air - 3.5 to 7.0 percent Minimum Compressive Strength - 3000 psi - sidewalks, roadways and drainage structures TS-05-2 IJ II I I' I I Ii I I I I 11 - 4000 psi - all other structures 2. Concrete Design Mix shall be submitted to the Engineer for review. This Design Mix shall show source of materials, weights of saturated surface dry aggregates, cement and water for . one cubic yard of concrete, and shall show the results of 28-day tests of standard cylinders having compressive strengths 20 percent in excess of the minimum compressive strength specified. A Design Mix having met all of the requirements of these specifications on previous jobs may be submitted for review. No admixture shall be used except for air entrainment and/or the fluidifier Melment for slump control. The proportions for the concrete mix are minimum proportions for the 3,000 psi design mix. All design mixes must be submitted and have compressive strengths 20 percent in excess of minimum strength . specified. 3. The Concrete Design Mix submitted for review with any necessary corrections shall be the Control Design Mix for all concrete, unless an alternate concrete mix design shall have been approved. A copy of the Control Design Mix shall be furnished to the Laboratory for comparison of concrete used in the structure. 4. High early strength may be obtained by the use of Type III or Type IlIA Portland Cement, if available. Otherwise high early strength may be obtained by the use of a higher str~ngth Design Mix, with lower water/cement ratio; such mix shall be submitted for review by the Engineer prior to its use afld shall have proof tests indicating at least 3000 psi or 4000 psi (depending on the application) at the time early loading is planned. When early loading is desired, the cylinders used for justifying early loading shall be field cured under conditions existing in tlle structure. Addi,tional cylinders shall be made as required to satisfy the standard test requirements in addition to the special tests. Curing . conditions and location in structure shall be clearly designated with the data for each test. -05. PLANT CONTROL: I. Concrete shall conform with ASTM C94, Ready Mixed Concrete except as specified otherwise herein. .' . Ii .' 2. Approval of the Contractor's selection of a Concrete' Supplier shall be contingent on the ability of its concrete plant to meet the measurements of ASTM C94. ,The Laboratory shall check the equipment and procedures for measurement of materials prior to manufacture of concrete. (Article 7 of C94 specified measurement tolerances.) r- r 3. The Laboratory will check the concrete plant controls during manufacture of concrete to assure that specified tolerances from the Control Design mix are not exceeded. Variations will be reported to the concrete plant and the Engineer. Excess variations from specified tolerances will be reason for termination of the use of concrete from this source. r"- } I TS-05-3 , II I r I I I I I I, I: 1..1 I I' I I r I I r' · r - r' I -06. FIELD CONTROL: 1. Workmanship shall conform to the applicable parts of the American Concrete Institute "Building Code Requirements for Reinforced Concrete," ACI 318; "Specifications for Structural Concrete for Buildings," ACI 3.01; and "Specifications for Ready Mixed Concrete," ASTM C94, unless specified otherwise herein. 2. Control of quantities shall be in accordance with Articles 7 and 8 of ASTM C94, providing concrete in accordance with the concrete Control Design Mix. 3. The Contractor shall keep a slump cone on the job and shall designate one person, instructed by the Laboratory, to check slump of each and every load of concrete. Results of slump tests shall be noted on the load ticket and reported to the Laboratory and Engineer weekly. When concrete has a slump less than the Control Design Mix or if placing conditions required greater slump Melment fluidifier may be added after the slump of the load has been tested. No water shall be added. When concrete is received with slump more than 6 inches, the concrete may be dried by the addition of Portland Cement and sand in the ratio of the Control Design Mix; otherwise the concrete shall be returned to the supplier. 4. For structural concrete, samples shall be made to provide a compressive strength test for each 100 cubic yards of concrete placed and for each day during which concrete is placed. For all other concrete, samples shan be made on a random basis as directed by the Engineer. A ' test shall consist of three cylinders; one cylinder shall be tested at age 7 days and two at age 28 days. Samples shall be identified by location in the structure. Samples shall be representative of the concrete placed in the day and should be taken from one truck after any adjustments have been made. Additional samples may be made by the Contractor. at his expense for determination of early strength. 5. Concrete having compressive strength.at 28-days less than 3000 psi or 4000 psi (depending on application) will be unsatisf.'lctOlY and will be ~utomatically rejected. 6. Copies .of Supplier's delivery slips for each truck with weights of each ingredient, total mixing water including any added on the job shall be given to the Engineer. These slips shall show the location in the structure where the concrete is placed, whether samples were taken and any change in mix made on the job. Computer printouts of weight controls or other forms containing all infonnation may be used. -07. FORM WORK: 1. The form work shall conform with Chapter 2 - "Construction" of ACI 347, "Recommended Practice for Concrete Form," except as modified or required by these specifications. 2. Exposed corners shall be chamfered, except as otherwise specified or shown. 1 1...08. . . II l ., ~ \ , , ~.~ .,~ I'" .. REINFORCEMENT: TS-05-4 'J I I I I I I I I I I' r Ii 1. Reinforcement required by the drawings, detailed in accordance with ACI 315, shall be accurately placed and supported. Additional chairs,. supports or tie rods shall be placed if the construction procedure results in displacement or bending of reinforcement. 2. ,. . -09. l. The Engineer shall be notified at least 8 hours before'reinforcing steel will be placed and ready for inspection and allow time for required correction before placing any concrete. CONCRETE PLACEMENT: All embedded items such as weepholes, masonry anchors and all reinforcement shall be in place and checked out before the concreting for any section is commenced. 2. The requirements of Chapter 5 of ACI 318, Mixing and Placing Concrete, and the requirements of these specifications shall apply. . 3. All concrete shall be vibrated while being placed to assure against honeycomb and shall not be overvibrated, causing segregation and collection of water or air pockets on the surface of forms. 4. Concrete shall not be dropped more than 6 feet in placing; for walls more than 6 feet in height, concrete shall be placed through intermediate chutes or with the use of fabric tubes to prevent segregation. . 5. Concrete shall not be deposited on dry soil. Prior to placing a concrete slab the soil shall be thoroughly wet but standing water shall be drained. 6. The junction of vertical walls and base slab shall be clean and free of standing water when concrete is placed in the walls. 7. Waterstops shall be located as shown on the drawings and aU splices shall be vulcanized. - - - iiii -10. CONCRETE FINISH: - Within 24 hours after forms are removed from vertical walls, surface defects shall be remedied as specified herein. For permanently exposed surfaces, fins shall be removed and holes left by removal of tie rods,shall be rearr..ed and filled by dry-packing. For all surfaces, honeycomb and other defective areas shall be cut back to sound concrete and to a depth of not less than 1 inch. The edges of the cut shall be perpendicular to the surface of the concrete. The prepared area shall be dampened and brush-coated with neat cement grout. The repair shall then be made using a stiff mortar, preshrunk, by allowing the mixed mortar to stand for 45 minutes and then remixed, thoroughly tamped into place; in lieu of hand patching, a small shotcrete gun may be used. Patches shall be finished flush with adjacent surfaces. For surfaces permanently exposed to view, the cement used shall be a blend of job cement with white cement proportioned so that the final color after curing will be the same as the adjacent concrete. The temperature of concrete, mortar patching material and ambient air shall be above 50 degrees F. while making the repair and during the ensuing 72 hour moist curing period. Concrete with excessive honeycomb or other defects which affect the strength of the member, will be rejected or the defects shall be corrected as directed by the Engineer. r I . TS-05-5 I " I' I I I r' Ii I I I I It I I, - All surfaces of concrete permanently exposed will be thoroughly rubbed with carborundum brick to a uniformly smooth and colored surface to the satisfaction of the Engineer. Plastering or steel troweling of the surfaces shall not be allowed. . Coating of smooth surfaces with a finishing product such as Thoroseal may be used subject to field testing and approval by the Engineer. -11. HOT AND COLD WEATHER CONCRETING: 1. During hot weather, special precaution shall be taken to keep the concrete damp and to prevent extreme high temperature in the concrete. Temperatures may be controlled by the substitution of ice for a portion of the mixing water, at no additional cost to the Owner. " Work shall be in accordance with ACI 305, "Hot Weather Concreting." 2. Provision shall be made for heating the concrete materials and protecting the concrete during freezing or near freezing weather. Whenever the temperature of the surrounding air is below 40 degrees F. all concrete placed shall have a temperature between 50 degrees F. and 80 degrees F. and means shall be provided that will maintain a temperature of not less than 50 . degrees F. for at least 3 days. Work shall be in accordance with ACI 306, "Cold Weather Concreting. " -12. CURING: 1. Curing shall be accomplished by preventing loss of moisture, rapid temperature change, and mechanical injury or injury from rain or flowing water, for a period of seven days when normal Portland cement has been used, or three days when high early strength cement has been used. Curing shall be started as soon as free water has disappeared from the surface of th'e concrete; after placing and finishing. Where concrete is cured in forms, the fonns shall be kept continuously wet. Curing may be accomplished by one or a combination of the following methods: A. Moist Curing Unformed surfaces shall be covered with burlap, cotton, or other approved fabric mats or with sand, and shall be kept continuously wet. B. Membrane Curing Unfonned surfaces (including surfaces from which forms have been removed) shall be coated with liquid membrane-forming compound, applied by power spraying equipment, in a two-coat continuous operation at a coverage of not more than 200 square feet per gallon for each coat. Curing compound shall be applied within two hours after removing forms. r" ) i I I , -13. REMOVAL OF FORMS: r - r Wood forms for supported concrete may have vertical faces removed 24 hours after concrete has been placed. All slab forms and shoring shall remain in place for 21 days after concrete has been placed, or until the concrete has a compressive strength of at least 3000 psi as determined by test of field cured cylinders. r I TS-05-6 If I r II I Ii I I i 11 I I I I' I I..: I f- I I[ !...r -14. HANDRAIL: For Handrail see the Section, "Miscellaneous Metals." -15. W ALL DRAINAGE: 1. Enkadrain where shown on the drawings shall be installed as recommended by the manufacturer. Any holes in the filter blanket shall be patched with similar material before fill is placed. 2. Weephole pipe and grating shall be placed in the forms with the grating on the fill side of the . wall. 3. Broken stone shall be placed as shown on the drawings and shall be continuous along the wall to provide a conduit to the weepholes. -16. .JOINTS: l. CONSTRUCTION JOINTS: Construction joints not indicated on drawings shall be' approved by the engineer in advance of pour.. Joints in foundation walls shall be keyed. Before depositing the concrete is resumed, the hardened surface shall be roughened, cleaned of foreign matter and thoroughly wetted but not saturated. The cleaned and wetted surfaces shall be slushed with a coating of neat cement grout against which the new concrete shall be placed before the grout has attained its set. Joints shall be sealed with an approved joint sealant (i.e. Sonneborn NP-1 & NP-2, or equal). 2. CONTRACTION JOINTS:, Contraction joints shall be constructed by means of 1/8 inch thick separators to a depth equal to one fourth the slab thickness. After separator plates have been removed, all exposed edges of joints shall be rounded with the proper edging tool to a radius of 1/4 inch. Contraction joints may also be constructed by saw cutting the slab to a depth equal to one fourth the slab thickness. 3.' EXPANSION JOINTS: Expansionjoints shall be formed by means of preformed expansion joint filler material cut and shaped to the applicable cross section. Expansion joint filler, unless otherwise specified, shall conform to ASTM Standard D1751 or D1752. Expansion joints at least 1/2, inch in width shall be provided as indicated on the plans. The sealing of expansion joints in pavement or curb sections will not be required. Any expansion joint material protruding after the concrete is cured shall be trimmed flush with the surface. All other expansion joints shall be sealed with approved materials. _ r' TS-05-7 I j' I I I I r I [ (' II I r- ~.. II I r If' Ir Ir r I. Il" Ir -r -17. MEASUREMENT AND PAYMENT: No separate payment will be made for the work covered by this section. Compensation will be included in the lump sum payment for the section into which the work under this section falls. Partial payments for work under this section will be awarded based upon the amount(s) which are assigned in the detailed breakdown furnished by the Contractor under the General Conditions, as approved. I- I TS-05-8 ( I r II r I. I f I r II I I 1'/ II r- I, I, ~ Ii ! I I r- I f I r I ["' = r SECTIQN TS-06 MISCELLANEOUS METALS -01. SCOPE: This section covers metal handrail for the seating areas and walls. -02. . MATERIAL: I. Posts, rails, and balusters are to be hot formed tube sections conforming to ASTM A501 "Hot Formed Welded and Seamless Carbon Steel Structural Tubing." 2. The post cap may be a casting or a stamped item, equal to Blum No. 5635, as manufactured by Julius Blum & Co., Carl stadt, New Jersey. 3. The base plate for the post shall be stainless steel conforming, with ASTM A479. 4. Material for the insert below the stainless steel plate'shall be A501. -03. WELDING: 1. Welding shall be in accordance with A WS D 1.1. 2. All welds shall be ground smooth. -04. PAINTING: 1. . Surfaces shall be cleaned of dirt, oil and mill scale and given a shop coat of the fabricators standard oil base protective coating. Base plates shall be fully painted top and bottom; items to be embedded in concrete shall not be painted. . 2. After erection all bare or abraded areas shall be touched up with shop paint and given two full coats of enamel for metal surfaces, selected from Sherwin-Williams, Glidden, or Pittsburgh, in accordance with the Painting and Caulking section hereof. Color shall be Pittsburgh, "Ebony Green," or equal. -05. SHOP DRAWINGS: 1. One sepia and two prints of shop drawings shall be submitted for review by the Engineer. Drawings must be checked and approved by the Contractor before submittal. 2. No fabrication shall be started before all corrections have been made to the drawings. -06. MEASUREMENT AND PAYMENT: No separate payment will be made for the work covered by this section, where handrail is a part of or within the payment limits of structures, such as along walls and bulkheads, TS-06-1 - C I f' r I. I I r f . II. r' II I I I r i~- II I f" I~ r I r I r r I. r- 1'1 !f r r etc. Compensation for all handrail not specifically covered by a bid item will be included in the associated structure price. ' Partial payments for work under this section will be awarded based upon the amount(s) which are assigned in the detailed breakdown furnished by the Contractor under the General Conditions, as approved. TS-06-2 C" I r r. II I r I r - II r II I I,,; If I I I I I f I SECTION TS-07 MASONRY -01. SCOPE: The work of this section comprises all masonry work, as shown on the drawings or specified herein, including the building-in of metal or wood items furnished or set in place by others. -02. MATERIALS: I. SAND: Best quality washed white sand, sharp, well screened and free from silt, loam or clay. 2., WATER: Clean and free from injurious amounts of acids, alkalies, 'organic materials or other harmful substances. 3. MORTAR MIX: Magnolia Mason Mix as manufactured by Southern Cement Co., Birmingham, Alabama or equal, meeting Federal Specification SS-C-18-C. 4. NON-SHRINK GROUT: Embeco pre,:,mi~ed non-metallic grout, as manufactured by the Master Building Company, or equal. 5. BRICK: A. Pavers: All brick shall match existing brick in color and texture, Merry 10-200, Wirecut Red, as manufactured by Merry Brothers Brick and. Tile Company, Augusta, Georgia. Size shall be modular. B . Veneer: All brick veneer for concrete walls shall match existing brick pavers in color and shall be Merry 0-200 as manufactured by Merry Brothers Brick and Tile Company, Augusta, Georgia. Size $hall be modular, except for the foUntain wall cap molded step unit which shall be 9~ inches long every other course. 6. CONCRETE BLOCK: All concrete masonry units shall meet ASTM Specification C90 requirements for Grade A block. All exposed block shall have a uniformly rough texture. 7. PARTITION TIES: ~ inch galvanized'hardware cloth at cavity walls. Steel Strap at structural steel bents shall be included. .' ~ I - - 9. r r- 8. WALL REINFORCING: Standard Dur-O- Wal or equal turned reinforcement for 10" or 12" cavity walls with drip cross rods, placed 16" o.c. For interior 8", 6", or 4" walls for the respective thickness shall be used. CLEANING SOLUTION: Sur-Klean No. 101 or equal, lime solvent mixed with water in accordance with manufacturer's directions for cleaning all masonry materials. TS-06-1 I r r I, II I I Ii I I I I -03. MORTAR: All mortar shall be mixed by hand or preferably in a mechanical mixer and in quantities sufficient for the proper progress of the work. No retempered or mortar that has started its initial set shall be used. The mortar shall consist of one part masonry cement and not more than three parts damp loose sand. The mortar shall contain as much water as it can possibly carry and still provide satisfactory consistency for the laying of masonry units. -04. BRICK. CONCRETE BLOCK AND GLAZED TILE WORK: All masonry shall be laid to a line, all work plumb and true and all contact joints, both horizontal and vertical, shall be completely filled with mortar as the work progresses. Masonry work shall be supervised at all times by the responsible foreman. All lintels, wood, blocking, frames, flashing, expansion joints, anchors, etc. as required shall be built-in, and chases shall be left in the walls for' outlet boxes, conduit and piping as required under electrical and mechanical work. All concrete block, glazed tile, and brick shall be coursed together. Brick and block shall be coursed to an 8" height with one course of block and three courses of brick. Vertical joints in block and brick shall be the same as with the resulting horizontal joint. Joints in all brick shall be tooled raked Y-i inch. Joints in concrete block shall be "V" grooved unless otllerwise noted. 1'-) I r II I r r II · f' All brick masonry shall be laid in a common running bond. When concrete block or brick have to be cut,.a motor driven carborundum diamond saw shall be used. . . In warm weather, all brick shall be thoroughly wetted as necessary to reduce the rate of absorption of water at the time of laying. . All holes and cracks in exposed joints shall be filled with additional fresh mortar and jointed. If mortar has hardened, the defect shall be chiseled out and refilled with fresh mortar and retooled. -05. FACE BRICK ATTACHMENT: I f- 1. Face brick shall be attached to concrete walls where shown on the plans. 2. Dovetail inserts shall be set vertically in the concrete forms at intervals not exceedin~ 16 inches. Inserts shall be Heckmann No. 100 or equal. i I . 3. Dovetail anchors shall be placed at intervals,not exceeding 16 inches vertically; anchors shall be Heckmann No. 105 or equal. ' TS-06-2 ;' I r' I I f"' I I I (' II I I 11 I f I f I II' I I I r 1'- 4. "Ladur" type single wythe Dur-O-Wal standard reinforcement shall be continuous in the same joint at which anchors are placed. -06. CLEANING: All exposed brickwork shall be thoroughly cleaned after completion. A cleaning solution specified herein or a 10% solution of muriatic acid and water shall be used, brushing it with a wire brush where necessary to remove mortar stains. Surfaces shall be thoroughly wet from top to bottom before acid solution is applied and thoroughly rinsed after with clean water, carefully protecting metals and other work from staining. Cleaning shall not be attempted before mortar has set for at least seven days. Concrete block shall be pointed up, rubbed free of rough spots and thoroughly cleaned in preparation for painting. -07. PROTECTION: No masonry shall be laid when the temperature is below 320 F. on a rising thermometer or below 400 F. on a falling thernlometer, unless adequate precaution against freezing is provided. No frozen materials shall be used in the'construction of masonry work. All unfinished work shall be covered with waterproof paper or canvas. All masonry units stored in the open or stacked near the mortar boards shall be protected against excessive wetting when freezing may occur. All masonry materials shall be shipped and stored in such a manner as to prevent damage or intrusion of foreign matter. Cement, mortar mix and other packaged materials shall be stored in tight sheds with elevated floors. . Concrete units shall be stored under a cover that permits circulation of air and ' prevents excess moisture absorption. -08. GROUTING: All steel door frames, metal windows, and metal handrail shall be grouted with non- metallic, non-shrink grout specified, used in accordance with the manufacturer's directions. -09. MEASUREMENT AND P A Y&fENT: No separate payment will be made for the work covered by this section. Compensation will be included in the lump sum payment for the section into which the work under this section falls. Partial payments for work under this section will be awarded based upon the amount(s) which are assigned in the detailed breakdown furnished by the Contractor under the General Conditions, as approved. TS-06-3 . r- . If I r If' I I I I I I' I f I I I r I r -I- ii r r- SECTION TS..08 CONCRETE PAVEMENT -01. GENERAL: This section covers the construction of concrete pavements and slabs on grade, either as a surface course or to receive a top course of brick, granite, or formed concrete pavement surface specified elsewhere herein. The work shall consist of a pavement composed of Portland cement concrete constructed on a prepared subgrade in accordance with these specifications, and in the areas and to the typical cross sections shown in the plans. The Contractor is to provide for the constn,Jction and completion in every detail of the work described. The Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract documents. Concrete pavement construction shall conform in all respects to the section "Concrete, Reinforcing Steel and Appurtenancesr, of these specifications. The requirements below shall be considered additional requirements for pavement. -02. SUBMITTALS AND APPROVALS: Concrete and other materials specified shall be furnished from sources of supply approved by the Engineer. The Contractor shall submit-a "Proposed Paving Construction Plan," showing joint types and locations, and a statement of proposed sequence and schedule of paving operations. This submittal shall also include a brief description of paving equipment to be used. -03. MATERIALS: Concrete shall be composed of Portland cement, aggregates, and water conforming to the section of these specifications on Concrete, and Reinforcing Steel except as noted below. Coarse aggregate for exposed aggregate sidewalks shall be round alluvial material tan or light brown in color. Submit material samples for review. All of the coarse aggregate shall pass a ~ inch sieve. The concrete shall have the following percentages of entrained air: 1. For 1 ~ inch maximum size aggregate, entrained air content shall 5:1:1 percent by volume. 2. For 314 or 1 inch maximum size aggregate, entrained air content shall be 6:1:11 percent by volume. ' Joint materials and curing compound shall be as specified under the section "Concrete, Reinforcing Steel and Appurtenances" hereof. -04. CONCRETE MIX. DESIGN AND TESTING: r ( TS-08-1 - I I I I I I I I I I I I II r I, I I " II I r The concrete mix shall conform to Concrete and Reinforcing Steel hereof except that the slump range shall be 2 to 4 inches. -05. PLACING AND FINISHING: 1. SUB GRADE PREPARATION: Subgrade construction shall generally conform to Section' 209 of the Standard Specifications for Road and Bridge Construction of the Georgia Department of Transportation, latest edition. The subgrade shall be systematically test rolled with a heavily loaded vehicle prior to paving. All soft and yielding material and portions of the subgrade that will not compact readily when rolled or tamped shall be removed and replaced with suitable material. The subgrade . shall be brought to an unyielding condition by compacting it to uniform density at or slightly above standard optimum moisture. Immediately prior to placing concrete, the subgrade shall be moistened as required to provide a uniform dampened surface at the time concrete is placed. 2. LINES AND GRADES: The concrete pavement shall be installed true to ,line and grade accurate to accommodate the thickness of the specified surface courses in each individual area. Where alternates may be specified, plan grades shall be adjusted'accordingly. 3. FORMING: Forms shall be set to the required grades and lines to facilitate orderly concrete placement. Forms shall be of such cross section and strength and so secured as to resist the pressure of the concrete when placed without springing or settlement. Forms shall be cleaned after each use tt:ld coated with form release. agent as often as required to ensure separation from concrete without damage. In lieu of fixed forms, the Contractor may place concrete with a slipform paver designed to spread, consolidate, screed and float finish the freshly placed concrete in one complete pass of the machine. The slipform paver shall be operated with as nearly a continuous forward movement as possible, with stopping and starting of the paver held to a minimum. 4. CONCRETE PLACEMENT: Concrete shall be deposited and consolidated in such a manner as to prevent the formation of voids or honeycomb pockets. However, overconsolidation of the concrete so as to cause segregation of aggregates Shall be avoided. 5. JOINTS: Contraction joints, expansion joints, and construction joints shall be placed as indicated on the approved "Proposed Paving Construction Plan," specified above. Depth of contraction joints shall be equal to at least y.. the depth of the slab and may be installed by either hand-forming, or by sawing. ,If sawing 'is used, the joints shall be cut as soon as the saw will not ravel the edges and in no case more than 24 hours after the pavement has been placed. I Place full-depth construction joints at the end of the concrete pours or whenever placing pf concrete is suspended for more than 30 minutes. Provide expansion joints to isolate fix,d objects abutting or within the paved area. : TS-08-2 ,- j I I I' I I I I I { I I' I . I' I 1 I r I r I I I r II If - 6. FINISHING: The finishing sequence of all slabs, except those to have an exposed aggregate finish, shall consist of striking off and consolidating, floating, straight-edging and final , surface finishing. Adding water to the surface of the concrete to assist in finishing operations shall not be permitted. A uniform, gritty, non-slip finish shall be provided using a stiff- bristled broom or by the use of a burlap drag just before the water sheen disappears. -06. EXPOSED AGGREGATE CONCRETE FINISH: Exposed aggregate concrete pavement shall generally be finished as hereinabove specified, except that at or near the time the surface water sheen disappears, the cement and fines at the surface shall be removed to an approved depth of approximately Va inch, by means of a pressure applie~ water wash. Care shall be taken to obtain a uniform, decorative surface, without pits or low areas. The Contractor shall employ only workmen skilled in producing the specified finish to accomplish this work. -07. CURING: Curing shall be as specified under "Concrete, Reinforcing Steel and Appurtenances" of these specifications. -08. MEASUREMENT AND PAYMENT: The concrete pavement to be measured and paid for under this section shall include roadways, sidewalks, walkways, but shall not include concrete slabs within the pay limits of the bulkhead, the seating areas, nor under brick, granite block, or formed concrete surfaces. Compensation for these latter installations will be included in the prices of the various structures, wherein concrete slabs or pavement are an integral part. The quantity of concrete pavement placed shall be the number of square feet, level ' measure, or pavement actually installed, and shall be determined by the Engineer after construction of the pavement has been completed. This quantity shall be paid for at the unit price per square foot for each nominal thickness listed in the Bid Schedule. Thickened edges or local thin areas required by the plans in paving of otherwise uniform thickness shall be considered as being the nominal thickness of the surrounding pavement. TS-08-3 II I r' Ii I I r I I I.; I f' I I r If I I f- I Ii I f' II I r SECTION TS-09 BRICK PAVEMENT -01. GENERAL: The work under this section shall consist of constructing a brick pavement on a grout bed over a previously placed concrete base. Brick facing and other ordinary masonry work are covered by another section of these specifications. -02. MATERIALS: Bricks shall meet the requirements of ASTM C-902-79A for Type II Class MX. Brick shall be,2~ inch deep by 4 inches wide by 8 inches long. Brick shall be made of clay mined in Georgia. Brick shall be lightweight wood flour paving brick of 8-123 red-brown color, as manufactured by Merry Brothers Brick and Tile Company, Augusta, Georgia, or approved equal. Paving brick shall be manufactured of material of the same color as brick throughout the project, including facing brick for adjacent walls. Brick which are misshapened, dished, bowed, discolored,. marred, out of square, or otherwise inferior shall not be acceptable. Brick shall be neatly piled' outside the pavement lines without dumping. The manufacturer shall present evidence that the brick he intends to furnish will not exhib:t efflorescence. Such brick that shows efflorescence at the completion of the job will be rejected and replaced by the Contractor at no additional cost to the Owner. Sand for the joint filler shall consist of clean, hard, durable uncoated particles free from clay and all deleterious substances. Sand shall be so graded that when dry 100 percent shall pass a No.4 sieve, not more than 35 percent by weight shall pass a No. 50 sieve, and not more than 10 percent by weight shall pass a No. 100 sieve. -03. GROUT BED: A grout bed of the required depth shall be placed on the concrete base, not sooner than 10 days after the base slab has been poured. The grout bed shall be brought to exact elevations, and the brick shall be laid in fresh grout. -04. CONSTRUCTION METHODS: The bricks shall be carefully laid with the best face up, in the pattern indicated, and shall be laid straight and at right angles to the edging line, except at intersections, where they shall be laid at such angles as are shown on the plans or as directed by the Engineer. Joints shall be close and at right angles to the tops and sides. No half bricks or bats shall be used except at the ends of courses where needed and no bats shall be less than 3 inches in length. All joints shall be broken with a lap of not less than 3 inches. Where curvature permits, the brick shall be laid in radial courses, allowing at the outside of the curve a space, between the courses, not exceeding Va inch. When the curvature exceeds the above, the brick shall be laid in rectangular courses and closure made by cut bricks at the edges of pavement dividers. TS-09-1 ,. .' . I I I I I I I' I I I I I I I I I r II r No portion of a brick less than 3 inches in length shall be used for batting such closures, and the amount of space to be ,batted in shall not exceed a whole brick. In no case shall brick be cut longitudinally to make a closure on a curve. All brick shall be clean when placed in the pavement. Bricks which in the opinion of the Engineer are not satisfactorily clean shall be washed before being placed. In no case shall the grout bed in front of the pavement be disturbed during the laying of the bricks. ' Bricks shall be laid firmly in the grout bed allowing no mortar to enter the spaces between bricks so that all bricks lie with side faces flush. . After the bricks have been laid, any soft, broken, or misshapened bricks shall be removed by the Contractor. Any brick slightly spalled or kiln-marked shall be turned over and, sh9uld the opposite face be acceptable, it may be replaced in the pavement; otherwise,.it must be removed and discarded. In laying brick pavement, the Contractor shall keep the bricks culled, and shall make the necessary changes and replacement so that the work shall be ready for rolling while the grout bed is still wet. After all objectionabh~ bricks have been removed from the pavement arid all replacements have been made, and while the setting mortar is still soft, the pavement shall be swept clean and thoroughly rolled with a self-propelled roller. This rolling shall start along the low edges and progress toward the other side until the surface is even. After final rolling the pavement shall be tested with a 10 foot straightedge laid parallel with tlle curb, and any depression exceeding Va inch shall be corrected and ,brought to the proper grade. All bricks disturbed in making replacements or correcting depressions shall be settled i:1to place by ranuning or by rerolling. All gutter. bricks must be brought to grade by ramming. Portions of the pavement inaccessible to roller shall be tamped to grade by the use of hand tamper applied upon a 2 inch board. If during or after the rolling of the pavement the grout cushion shall work up between the brick more than one fourth their depth, the brick shall be taken up and the excess grout removed. The brick shall then be replaced. After final rolling any broken brick shall be replaced. After the grout bed has set a sand filler shall be applied to fill the slight joints between bricks. Brick shall be clean and dry when the sand filler is applied. Before filling the joints the surface of the brick shall be swept clean. Clean, dry sand shall be swept across,the surface until all slight joints are filled. Excess sand shall be swept off, and the surface shall be thoroughly wetted. When dry the surface shall be swept with dry sand as necessary to insure that all joints are completely filled. Brick surfaces shall be thoroughly cleaned using agents and methods approved by the brick manufacturer.. All grout spatter, stains, and other objectionable blemishes shall be removed as a condition of final acceptance. -05. SAMPLES: TS-09-2 II I I I I I I I r" I r- I r" I, r I r'" II Ir I f' i rOo =t r f Two representative samples for each type and finish of brick shall be furnished for approval. Samples shall be of a sufficient number to show the full range to be expected in color, texture, finish, and quality. Brick delivered shall. be equal in all respects to the approved samples. -06. MEASUREMENT AND PAYMENT: Payment for brick pavement will include the concrete base constructed under another section of these specifications. 1. Payment for the Esplanade brick pavement will be included in the unit contract price for Esplanade pavement, per section, as defined on the plans. 2. Brick pavement other than on the Esplanade will be paid for at the unit contract price per square foot appearing in the Bi.d Schedule. 3. Brick pavement and facing of walls, seating areas, information plaques, and other structures will be considered incidental to the construction of these elements and no separate payment will be made therefor. TS-09-3 If I. I I I I I I I I II If I, r- I f- I [- I r · r f' SECT'Q~ TS-IQ . GRANITE -01. GENERAL: This section covers quarrying, fabrication, finishing and placement of all granite, for paving, edging, trimming, facing, or curbing to be installed as shown on the plans, over previously constructed surfaces covered by other sections of these specifications. -02. MATERIALS: All granite of each individually specified type shall be fumished from a single quarry to ensure consistent color, availability for future expansion, and timely deliveries. Granite shall be sound and free from defects which impair strength, durability, or appearance. Granite for curbs shall be NC-A Vas produced by the North Carolina Granite Corporation, Mount Airy, North Carolina, or approved equal. All exposed surface of granite for curbs shall be split-face finished. -03. , DAMAGED OR DEFECTIVE MATERIAL OR WORK: Before setting each stone shall be carefully examined by the Contractor for flaws, stains, spoils, chipped edges, or other damage or defects. Defective stones shall be refinished or replaced as directed. -04. CLEANING: After all danger of stain or damage from other operations has passed, the granite work shall be carefully cleaned, removing all marks; water stains, or other defacements. Neither wire brushes nor acid solutions shall be used to accomplish this work. -05. MEASUREMENT AND PAYMENT: ' Granite curb will be paid for based on the unit price per linear foot as shown in the Bid Schedule. TS-IO-l I I I I I I I I' I r II r I. II I I f- -01. SCOPE: SECTION.TS-ll STRUCTURAL STEEL The work shall consist of furnishing and placing structural steel and miscellaneous steel fabrication for various equipment appurtenances. -02. APPLICABLE STANDARDS AND SPECIFICATIONS: 1. AMERICAN SOCIETY FOR TESTING AND MATERIALS - ASTM: A. A36-77a B. A123-73 C. A153-73 D. A193-75 E. A194-75 F. A386-78 Structural Steel Zinc (hot-galvanized) on products fabricated from rolled, pressed, and forged steel, shapes, plates, bars and strip. Zinc-coating (hot-dip) on iron and steel hardware. Standard Specification for Alloy-steel and 'Stainless Steel Bolting Materials for High-Temperature Service. Standard Specification for Carbon and Alloy-Steel Nuts for Bolts for High-Pressure and High-Temperature Service. Zinc-coating (hot-dip) on Assembled Steel Products. 2. AMERICAN WELDING SOCIETY - A WS - PUBLICATION: A. D 1.1-79 Structural Welding Code. 3. AMERICAN INSTITUTE OF STEEL CONSTRUCTION - AISC: A. Specification for the Design, Fabrication, and Erection of Structural Steel for Buildings, Manual of Steel Construction. -03. GENERAL REQUIREMENTS: All metal work shall be free of defects impairing strength, durability and appearance; shall be suitable for the intended use, and of the best commercial quality for the purpose intended. All finished and/or machined surfaces shall be true to line and level. All supplementary parts, accessories, and fastenings necessary for a complete installation (including anchors and bolts, sockets, pipe sleeves and the like) shall be provided. Welding shall conform to the applicable requirements of Code D1.1 of the American Welding Society. . l I r TS-ll-1 I' r- I I I I I I I r- I' I r I I f I I I -04. SUBMITTALS: 1. SHOP DRAWINGS: Submit: shop drawings of all structural steel for approval prior to fabrication of structural steel. Include complete information necessary for the fabrication and erection of the component parts of the structure, including the location, type and size of all bolts and welds. Include all welds by standard welding symbols of the A WS. 2. CERTIFICATES OF CONFORMANCE OR COMPLIANCE:, Submit certificates of conformance for the following: A. Common Bolts . B. Galvanizing Repair Compound C. Zinc-coating Process for Hardware and for Steel Products D. Steel 3. CERTIFIED TEST REPORTS: Submit certified copies of the reports of the following tests: A. Structural Steel: Che~ical analysis and tensile strength tests required by ASTM A36. B. Stainless Steel Bolts and Nuts: Chemical analysis, tensile strength and hardness tests required by ASTM A193, A194, A325, and A490. DELIVERY AND STORAGE: -05. Handle, ship, and store material in a manner that will prevent distortion or other damage. Store material in a clean, properly drained location out of contact with the ground. Replace all damaged material with new material or repair the damaged material in an approved manner. -06. MATERIALS: Materials shall conform to the respective specifications specified herein. Materials not otherwise specified herein shall conform to the AISC "Manual of Steel Construction." I. CARBON GRADE STEEL: ASTM A36 2. WELDING ELECTRODES AND RODS; E-7018 and AWS 01.1. r ! 3. ZINC-COATING: All steel specified or indicated to be zinc-coated or galvanized shall be coated by the hot-dipped process in accordance with the applicable requirements of ASTM Specification A123 or A153, as applicable. 4. Steel and Iron shall be standard, well finished structural shapes, or commercial grade bar steel or bar iron. - [ I TS-II-2 I I r" I I! I I I' I.: I I II" I I r I I", I r- I r - . - r 5. . Steel Pipe shall be standard weight unless otherwise specified. 6. Anchors and fasteners, where exposed shall be of the same material, color and finish as the metal to which applied, unless specifically indicated or specified otherwise. A. Bolts, nuts, washers and anchor bolts, shall be A 193 TP 304, A 194 TP 304, A325 TP 3, and A490 TP 3. -07. STRUCTURAL STEEL FABRICATION: Fabricate in accordanee with the applicable provisions of the Specification for the Design, Fabrication, and Erection of Structural Steel for Buildings as set forth in part 5 of the AISC "Manual of Steel Construction." Provide workmanship equal to standard commercial practice in modern structural steel fabrication shops. Fabricate and assemble in the shop to the greatest extent possible. . .1. WELDING OF STRUCTURAL STEEL WORK: AWS D1.1 Perfoim welding'-with' qualified welders. The qualification of welders and the duration of qualification period shall be in accordance with' the requirements of A WS D 1.t. Ariy welder found .to be producing unsatisfactory work even though he has passed qualification tests shall be immediately recertified or replaced with a qualified welder. ' 2. BOLTED CONNECTIONS: The design and assembly of structural joints using bolted connections shall be in accordance with. the AISC "Manual of Steel Construction," Specification for Structural Joints using ASTM A325 or A490 bolts. 3. ZINC-COATING (HOT-DIP): All structural steel shall be hot-dip galvanized in accordance with ASTM A123 or A386 after fabrication. 4. REP AIR OF ZINC-COATING: Repair of zinc-coating that has been damaged in handling or transporting or in welding, riveting, or bolting by the application of a galvanizing repair paint conforming to Mil. Spec. MIL-P-21035. Clean all areas to be repaired and remove slag . from the welEls. Do not heat surfaces to which the repair paint is applied. -08. STRUCTURAL STEEL ERECTION: 1. GENERAL: Except as modified herein, erect steel in accordance with the AISC "Manual of Steel Construction." Provide erecting equipment suitable for the work and ~n first Class condition. Where parts cannot be assembled or fitted properly as a result of errot's in fabrication or of deformation due to handling or transportation, report such condition immediately to the Engineer. When calibrated wrenches are used for tightening of bolts, calibrate them at least once each working day, using not less than three typical bolts ofbach diameter. Do not use impact torque wrenches to tighten anchor bolts set in concrete. . I 2. CONNECTIONS: Provide anchor bolts and other connections between the structural ~tee1 and foundations properly and build them into connecting work. Design connections for which details are not indicated in accordance with AlSC "Manual of Steel Construction." TS-11-3 I I I I I I I I 1,- I r- I r I r I r- I r" r- r - r - I I . ,Except where specified otherwise, all anchors and anchor.bolts in exterior walls or, floor shall be type 304 stainless steel conforming to ASTM AI93 and A194. .3. TOLERANCES: In accordance with the "Code of Standard Practice" of the AISC "Manua1 of Steel Construction, II as modified herein. -09. FIELD TESTS AND JfNSPECTIONS: , Visual Inspection of Welding: Monitor welding while welding is in progress and visually inspect after the work is completed. All welding inspections shall be in accordance with A WS D 1.1 criteria. After the welding is completed, hand or power wire brush welds and thoroughly clean them before the inspector makes the check inspection. Inspect welds with magnifiers under strong, adequate light for surface cracking, porosity, and slag inclusions; excessive roughness, unfilled craters, gas pockets, undercuts, overlaps,. size, and insufficient throat concavity. Inspect the preparation of groove welds for adequate throat opening and for snug positions of back up bars. -10. MEASUREMENT. AND PAYMENT: . separately. Structural steel will be considered integral to other work and will not be paid for TS-11-4 I I I I I I I I' I, I I I I II I Ii == r r SECTION TS-12 PAINTING AND CAULKING -01. GENERAL: The work of this section comprises all labor, materials, and equipment necessary to complete all painting and caulking as scheduled on the drawings or spec~fied herein. -02. . MATERIALS: 1. PACKAGING: All materials shall be delivered to the project in unbroken packages. They . shall be used without adulteration and with only such thinning as provided for in the manufacturer's directions. Seals shall not be broken until contents are to be used. All mixing shall be done on the premises. 2. QUALITY: All materials shall be of the highest grade products of nationally 'known, reputable manufacturers, such as Benjamin Moore, Glidden, Sherwin-Williams, Pittsburgh, du Pont, etc., and the Engineer's approval on make of paint shall be obtained. 3. STORAGE: Materials shall be stored in one place, the same to be kept neat and ~lean. Adequate care shall be taken to prevent the danger of fire. The Engineer shall have access , to the materials, as well as every reasonable facility for determining whether they are in accordance with these specifications. -03. WORKMANSHIP: All work shall be done in a workmanlike manner by skilled mechanics. All materials shall be' evenly spread and smoothly flowed on and free from runs and sags and no paint, varnish, or enamel shall be applied until the preceding coat is thoroughly dried and hard. All finished surfaces shall be left free from brush marks or other defects, and edges of paint adjoining other materials or colors shall be cut sharp and clean without overlapping. No exterior painting shall be done in rainy, damp, or frosty weather, or until the surface is thoroughly dry, and no interior painting or finishing shall be done until the building has been thoroughly dried out. All paints, stains, and varnishes shall be applied strictly in accordance with the m~ufacturer's' directions. -04. PREP ARA TION OF SURFACES: The painting contractor shall be wholly responsible for finish of his work, and therefore shall not commence any part of it until surface is in proper condition in every respect. If painting contractor considers any surface so unsuitable for proper finish for his work that it cannot be rectified by normal sanding, he shall notify the Engineer of this fact before any material is applied and he shall not apply any materials until the condition of the surfaces is made satisfactory. No exterior painting shall be done in rainy, damp or frosty weather or until surfaces are thoroughly dry and no interior painting or finishing shall be done until building has been thoroughly dried out. TS-12-1 roo I I I' I I I I I I I I All knots or sappy spots in wood to be painted shall be given one coat of shellac at least ten hours before priming; in wood to ,be, varnished, knots and sap stains shall be treated after filing and staining. All pencil marks and other foreign matter shall be removed before applying any finisq. All greasy or oily metal. surfaces shall be cleaned with turpentine, or benzine before applying any materials. All scale or rust shall be removed by scraping, wire brushing or sand blasting. I. WOOD: All wood surfaces shall be sanded to a smooth, even finish and dusted off. After primer or stain has been applied all nail holes and cracks shall be filled with plastic wood or . putty, tinted to match stained wood, and all surfaces sanded smooth between coats. 2. STEEL AND IRON: All shop coats shall be touched up and no field or finished painting is to be done until surfaces are satisfactory. 3. GALVANIZED ' METAL: Surfaces shall be thoroughly' cleaned and, coated with a galvanized primer, Lithofoam metal etch or solution containing four. ounces of copper sulphate per gallon of water. Coating shaU remain. at least twelve hours, after which it shall be dusted off with stiff brushes. 4. ALUMINUM: All aluminum surfaces to be painted shall be prepared according to the recommended practice for preparing aluminum for painting given in ASTM Standard 0- 1730. I; I' f- 5. PROTECTION OF HARDWARE AND FIXTURES: Before painting is started in each area, hardware, accessories, plates, lighting fixtures and similar items in that area shall be removed and shall not be replaced until the last coat of paint is dry. Where exceptions are permitted, as on hardware necessary to keep all premises locked, such items shall be careti;dly protected. Doors shall be temporarily removed to permit painting of the bottom edges. The removal and replacing of the above items shall be done only by skilled mechanics. . 6. DISSIMILAR METALS: Contact surfaces between dissimilar metals shall be painted with a heavy coat of proper primer or asphalt paint. -05. CAULKING: - - I Furnish and install aU caulking indicated on the drawings, specified herein, or as necessary to provide a watertight building. . 1- r f 1. MATERIALS: Materials for caulking joints shall be Tremco Lasto-Maric manufactured by the Tremco Mfg. Co., Homflaz LP-32 manufactured by A.C. Horn Co., or Sonolastic Sealant Gun Grade manufactured by Sonneborn Building Products, Inc. Thickol Caulking compound shall be in strict accordance with the manufacturer's specifications. 2. DELIVERY AND STORAGE: The entire quantity of caulking materials shall be delivered to the project site and stored in sealed and labeled containers. TS-12-2 I I I' I I I I' I I r.. I I,: 1["" 3. PREPARATION OF SURFACES: All openings or joi~ts to be. caulked shall be prepared by cleaning thoroughly and making sure that they are dry. Where necessary to provide a suitable backup, the back of grooves shall be packed tightly with Tremco white joint backing, and shall be 50 percent larger than joint. 4. APPLI CATION: Caulking compound shall be applied with gun, using nozzle 'of proper size to fit the joint width, and shall be forced into grooves with sufficient pressure to expel all air and fill the groove solidly. Caulking shall be uniformly smooth and free of wrinkles, and unless otherwise indicated on the drawings, shall be left sufficiently convex to result in a flush joint when dry. Caulking around openings in masonry shall include the entire perimeter of each opening. 5. CLEANING: The surfaces adjoining caulked joints shall be cleaned of smears resulting from the caulking application. -06. COLORS: To establish a uniformity of exterior appearance throughout. the project, and unless otherwise specified in the schedule of colors or directed by the Engineer, the standard finish coat paint color shall be Industrial Enamel 54 Line "Ebony Green" as manufactured by Pittsburgh Paint Company, or equal. The Pittsburgh industrial enamel, 54-300 Ebony Green, shall be as supplied by , The Tile Center, Augusta, Georgia, in the following formulation: B-3y; C-ly+20; D-ly+20. Actual, samples of painted surfaces at least two feet square shall be submitted to the Engineer for review before ordering of any paint. -07. PAINTING SCHEDULE: In order to follow the schedule of finishes, the painting contractor shall be furnished a set of required drawings and a copy of these specifications. All questions should be referred to the Engineer for clarification before work proceeds. The types of paints and numbers of coats required under various surfaces shall be as follows: ' If 1. EXTERIOR: All exterior paint shall.be oil based enamel suitable for the materials to be painted, as recommended by the paint manufacturer., A. Steel and Cast J ron: One coat of rust inhibitive primer. Two coats of gloss industrial enamel. I I [- Ir · ['- . ' B. Galvanized Metal: One coat of galvanized metal primer, or special treatment. Two,. coats of gloss industrial enamel. C. Stainless Steel: Brush blast with fine formula polyclutch wash primer. Two coats of gloss industrial enamel. D. Aluminum: One coat of zinc chromate primer. Two coats of gloss industrial enamel. E. Woodwork: One coat of exterior oil primer. Three coats of gloss acrylic house paint. -,' I. - . TS-12-3 I I I I I I \' I I' I' Ii I "' II I I -- II' II -r F. Metal Doors: One. coat of metal primer. Two coats of gloss ind~tria,l enamel. Top and edges of doors shall receive one coat. G. Stucco and Masonry: Two coats vinyl masonry paint. 2. INTERIOR: All interior trim shall be finished with oil base enamel paint. A. Wood: One coat of quEck drying oil undercoater. Two coats semi-gloss paint. B. Metal: One coat of primer as specified under "Exterior" above. Two coats of low luster enamel. C. Piping. Ducts. and Supports: One coat of primer as specified above. Two coats of semi-gloss enamel. D. Sheetrock and Plaster: Two coats of latex wall paint. E. Masonry Surfaces: One coat of quick drying oil undercoater. Two 'coats of semi- gloss enamel. F. Ceiling: Gypsum Board: Plywood: Two coats flat wall paint. 1 coat primer 2 coats flat wall paint 9 -08. CLEANUP AND PROTECTION: Upon completion of the work, all paint spots and stains $hall be removed. Finishes where damaged shall be restored and left in good condition. Exposed edges of doors shall be touched up where refitting has been necessary. All discarded paint materials, rubbish, cans, and rags shall be removed. The work of other trades, whether to be painted or not, shall be protected against damage by painting and finishing work. Any damages shall be corrected cleaning, repairing or replacing and repainting as directed. -09. TOUCH-UP PAINT: The Contractor shall furnish to the Owner one extra unopened gallon of each color and type of paint used on the project for future touch-up. -10. MEASUREMENT AND PAYMENT: No separate payment will be made for the work covered by this section. Compensation will be included in the,prices for the various elements of the project of which painting is an incidental element. _ r- I TS-12-4 I I ... I j. ! I I' I' I I I I I I Ii I I r- I r I r- I Ir I SECTION TS-13 IRRIGATION SYSTItM -01. GENERAL: Comply with General Conditions. -02. MANUFACTURERS: I. Sprinkler equipment shall be as specified and manufactured by Rain Bird Sprinkler Mfg. " Corp. and the Toro Co., or approved equal. 2. Flex-risers shall be as manufactured by Kbi-King Brothers Industries, 251 Roswell Road, Fillmore, CA 93015, No. FR-I06 with all small radius pop-up heads. 3. Funny pipe shall be as manufactured by Toro Irrigation Co., or equal. -03. MATERIALS: 1. PLASTIC PIPE: All main line piping shall be Schedule 40, type 1120-1220 polyvinyl chloride (PVC) and shall conform to CS-256-63 or Class 200 for zone lines meeting Product Standard 22-70. Joints and fittings to be solvent weld as per manufacturer's recommendations. 2. PLASTIC FITIINGS: PVC standard weight as manufactured by Sloane, Lasco, or approved equal and shall be the same class as pipe. 3. EXPOSED SPRINKLER RISERS: Schedule 40 galvanized pipe. Exposed fittings shall also be galvanized. Above grade, paint with galvanize~ primer and standard dark green paint. .4. Valve at ramp shall be M & H Fig. 67M, Mueller H-866 or H-864. 5. Valves Boxes shall be Clow F-2450. 6. IN-LINE CHECK VALVES: shall be as manufactured by "Flow Control," or equal and shall be 1011-20 for 2 inch, 1011-15 for 1 ~ inch, 1011-10 for 1 inch, 1011...07 for % inch and 1011-05 for ~ inch. -04. PERFORMANCE: 1. The Contractor shall not cut any surfaced areas and shall dry-bore under all areas where conduit is not shown or provided. Conduit is shown on the landscape drawings. 2. SCOPE: This section covers furnishings and installation of. all materials, sprinkler equipment and labor necessary for the lawn sprinkler system complete. It is the intent ~of these specifications and drawings to form a guide for complete installation. Therefore, ahy items not specifically noted, but reasonably necessary for a complete installation shall be TS-13-1 I I ;' I I I' I I II' I I I I II I I I! I r l. Ir I" furnished. The system shall efficiently and uniformly irrigate all areas and perform as required by the plans and specifications. 3. UTILITIES AND PROTECTION: The Contractor shall be liable for damages to and the cost of repairing and/or replacing buried conduit, cables, or piping encountered during installation work. The Contractor shall ascertain the location of existing underground utilities. 4. WORKMANSHIP: The Contractor shall have had considerable experience and demonstrated ability in the installation of sprinkler systems of this magnitude. 5. 'OPERATING INSTRUCTIONS: An operation and instruction manual shall be furnished to the Owner upon final payment for the materials and work described herein. It shall include the complete technical description; complete operation, function and performance; , complete detailed servicing instructions and replacement parts list; and information regarding protection of the equipment. 6. An as-built drawing shall be furnished as specified in the section IIWater Distributionll of these specifications. -05. INSTALLATION: 1. LOCATION STAKING: Location staking will be the responsibility of the Contractor. The Contractor will stake out the location of each run of pipe and all sprinkler heads and/or sprinkler valve locations prior to ditching. The Contractor. shall locate and install the pipe and backfill the trench before leaving the area. 2. EXCAVATION: Where possible, all excavation shall be done by mechanical trench diggers of an approved type to cut smooth bottom trenches on uniform slopes. Trenches shall be no wider than necessary to lay pipe, except that extr~ working space shall be provided where necessary to make joints. Boulders, rocks, roots and other obstructions shall be removed or cut out to the width of the trench and to a depth of 6 inches below the trench bottom. Over-excavating shall be backfilled and carefully tamped to provide a smooth and firm bearing surface for laying pipe, Minimum cover of 12 ,inches will 'be required for all piping. The Contractor shall barricade and/or light the' excavated areas to prevent undue hazard to the public. . 3. PIPE FITIING AND ASSEMBLY: Shall be installed in the locations shown and be of the sizes indicated and of the materials herein specified. Parallel piping may be installed in the same trench. Piping shall be laid accurately' to the line and grade required, with full bearing on the trench bottom. No pipe shall be laid on soft fill or other unstable material. No direct contact between other pipes or structures will be permitted at crossings. The interior o~ the pipe shall be clear of foreign matter before installation and shall be kept clean by means of plugged or capped ends after lowering into the trench. All work shall ,be performed in strict accordance with the manufacturer's instructions for various types of pipe herein speci?ed. This shall include thrust blocking. All pipe lines shall be flushed out thoroughly to re~ove all debris and foreign matter. All pipe lines shall be inspected for leaks at the joints and fittings and repaired or replaced as required. All sprinkler valves and equipment shall be TS-13-2 I! I. I I I I I ,. Ii I I I I: I I I r- I,r Ir I r I (. i \ thoroughly cleaned, removing all debris and foreign matter. All sprinkler valves and equipment shall be inspected for operation and performance. 4. SPRINKLER HEADS: Shall be set plumb and level with established turf at the 10catio!1.s indicated on the drawings. Where shrub heads are required, they shall be set on risers high enough to clear the proposed shrubs. All pop-up as well as impact shrub heads shall be set on triple swing joints. Stake risers with galvanized pipe as neces~ary. 5. VALVES: All valves shall be 2 inch size and shall be connected directly to the zone lines in a plumb position with sufficient clearance for service operation. The valves shall be centrally located among the sprinklers as practical, in accordance with the plans. 6. PERFORMANCE TESTING: All sprinklers and valves shall be tested for operation and . performance. All necessary adjustments to the sprinkler equipment shall be made to assure " efficient operation. The system shall De operated through a complete cycle with the Engineer present before acceptance. 7. BACKFILLING: Shall be accomplished after installation, inspection, and' approval. All excavation shall be filled with fine earth material free from clods, rocks, or other unsuitable substances. Trench must be left flush with or slightly above adjacent finished grade~ after compacting. Backfilling shall be done when the pipe is .cool to avoid, excessive contraction' in cool weather. Any ditch settling shall be brought up to grade. All ditches to be tamped according to the requirements of the section "Water Distribution." 8. GUARANTEE: The Contractor shall insure and guarantee complete coverage of the area shown on the drawings to be irrigated. The system shall. operate satisfactorily and the workmanship and restoration of the area shall be the Contractor's responsibility. The entire system shall be guaranteed to be complete and perfect in detail for a period of one year from the date of its acceptance, and he must replace or repair any defect occurring within that year at the Contractor's expense. -06. MEASUREMENT AND PAYMENT: The irrigation system will be paid for at the lUIt:lP sum price therefor appearing in the Bid Schedule for each section delineated on the General Plan. The price shall include aU materials, labor, and tools to install the irrigation system, complete. TS-13-3 I' . SECTION TS-14 LANDSCAPING -01. GENERAL: The work required under this section shall consist of procurement of all sod, fertilizer, lime, mulch, plant material and/or any other materials required to install all items in accordance with the Landscape Plan and to furnish all labor, tools and equipment to effect installation in accordance with the specifications. , Approvals and rejections of materials and work: The selection of all materials and execution of all preparations required under the drawings and specifications shall be subject to the approval of the Engineer. The Engineer shall have the right to reject any and all materials, any and all work, which in his opinion does not meet with the requirements and intent of the specifications at any stage of the operations.. All rejected materials shall be removed from the site by the Contractor at his expense. -02. SITE CONDITIONS: Prior to bidding, the Contractor shall visit the site to familiarize himself with the location, topography, soil conditions or any other condition which may bear on work undertaken. Water is available at the site and will be furnished by the Owner; however, transportation to planting areas will be the responsibility of the Contractor. It will be the responsibility of the Contractor to exercise diligence and care not to injure natural woods, buildings, roads, walks or otller appurtenances. If injury is caused by the Contractor, such injury will be repaired to the satisfaction of the Engineer at no cost to the Owner; provided however, that no repair will be required more favorable than the condition existing prior to such injury. . -03. CLEANUP: At the conclusion of the work, the Contractor shall remove all materials and equipment from the site and will leave all working areas in a neat and orderly condition. -04. MEASUREMENT AND PAYMENT: Landscaping shall include all labor, materials, and equipment necessary to accomplish all seeding, sodding, plugging, mulching, planting, maintenance and other landscaping work depicted on the plans or covered by the specifications. Payment will be made at the lwnp sum price for landscaping for each Section delineated on the General Plan. . (\ unit ~rice ~reakdown shall be. subm!tted f?r each an.d every item ~f work and for tpe furmshll1g and ll1stalhng of each plant, ll1cludll1g SOli preparation and mulchll1g; however, final payment will be based on the lwnp swn bid. Unit prices are for the purpose of adding to or deleting from the contract, should the Owner so desire, and for awarding partial payments. r'" I I TS-14-1 I r II r" II I I I I r Ii 11 -, I' I I r I r I r I r I r- -r SECTION TS-15 PLANTING -01. GENERAL: The following cover soil preparation, furnishing and installing all plant material, and providing a one year warranty. -02. MATERIALS: I. ,Peat Moss shall be of a standard brand, consisting of partially decomposed vegetable matter of natural occurrence and may be either granulated or shredded. 2. Cricket Compost, similar to th.at processed by Bricko Farms, Augusta, Georgia. 3. Brick edging shall be specified and shall be solids. " , 4. Weed mat shall be "Geoscape" fabric 2.5 ozlsyd: as manufactured by Geotextiles Corp., P. O. Box 34221, Charlotte, NC 28234, or equal. 5. Plant Material shall be of top quality and shall be of sizes specified. It shall conform to the II American Standard for Nursery Stock," as published by the American Association of Nurserymen, 1986. No plant shall be further than one zone to the north or one zone to the south. A. All plants shall be freshly dug or containerized nursery grown material except for the Southern Wax Myrtle which shall be dug and "hardened off' for a period of six weeks prior to planting. This is to ensure against defoliation. All plants shall be free from disease, insect, insect egg and larvae. B. No plant will be accepted smaller in size than specified: C. No bare root stock will be accepted. It will be at the Contractor's discretion whether , to supply balled and burlapped plants or container grown plants if not otherwise specified. D. Substitutions, will not be permitted. Plants shall be arranged for delivery at the time of contract award, or shall be contract grown, if necessary. ' E. Any discrepancy in the quantities given on the Plant List and quantities listed on the drawings will not entitle the Contractor to additional remuneration. The drawings shall govern. F. The Contractor is encouraged to plant trees as early as possible, thereby executing the work in the proper planting season. G. The Contractor is cauti.oned to protect all existing trees. - r- ,I TS-15-1 I: I r I r I I I,r- I, If 1-. I I.:'i :: : I r I I r" I::! .". . Ir - r H. Rock and other obstruction below grade where encountered shall be removed from the site. -03. PLANTING: Excavate pits with vertical sides for all plants as designated by the planting details. Two parts soil and one part peat moss. 10 year old sawdust, or compost shall be incorporated in the backfill along with fertilizer according to the manufacturer's recommendation. All plants shall stand plumb after planting. A water holding saucer shall be formed around trees with excess soil. Apply a 1/2" to 3/4" layer of Cricket Compost over the top of the planting bed. All plants shall be watered in thoroughly immediately after planting. A 3 foot section of 6 inch corrugated P. V .C. pipe shall be placed over the trunk. of all trees planted between the access road and the river. ' -04. WEED CONTROL MATS: 1. WEED MAT:, Prior to planting on all slopes 1: 1 or less, the weed mat shall be spread over the entire planting bed; "X" cut in the mat. where plan is to be planted; fold corners back; plant, including soil preparation; fold corners back over' and apply mulch over mat. A weed mat is not required for annual beds. 2. PRE-EMERGENCE HERBICIDE: All plantings on. slopes steeper than 3:1 shall be treated with approved pre-emergence herbicide in lieu of weed mat. -05. MULCHING: 1. For trees, ground cover and shrubs, and other areas indicated on the drawings, 3" pine straw mulch shall be installed. 2. All mulching shall be accomplished upon completion of planting and watering. Mulched areas shall be free of weeds at time of acceptance and this shall be accomplished by use of approved herbicides. ' -06. MAINTENANCE: Maintenance shall begin immediately after each plant is planted and shall continue a planting review has been accomplished. Maintenance shall consist of watering and any other operation necessary to maintain a healthy condition of the plants. -07. PLANTING REVIEW: The Contractor shall request a planting review at least one week prior to that review and only then if all material is in place and ready for the review. Any items not acceptable will be noted and upon correction of same, the Contractor will be in a position to receive acceptance. -08. ACCEPT ANCE: = .;-- J TS-15-2 I I ~-- I I I I I r r' 1.1 II I r- I r- Ir If I r Ir Ir 1. FINAL ACCEPTANCE: The work of planting will be accepted by the Engineer upon completion 'of all' work including maintenance and cleanup, but exclusive of plant guarantee. 2. 'GUARANTEE: All plants shall be guaranteed for the duration of one year after the final acceptance. They shall be alive an~ in a healthy condition at the end of that period. 3. REPLACEMENT: Any plant not in a healthy condition after the guarantee period shall be replac~d at no expense to the Owner. ' . 4. COST OF REPLACEMENT: A sum of eight percent of the planting and grassing contract may be withheld at the discretion of the Owner until plant replacements have been made. -09. PAYMENT: Payment will be made under the landscaping section of these specifications. . r- ! f TS-15-3 110 II I r- I I If I I r I Ii I I I' II' I Ir If I '1 -01. -02. -03. I' . SECTION TS..16 ELECTRICAL REQUIREMENTS CONTRACT DOCUMENTS: A. All work of this section shall comply with the requirements of: 1. . General Conditions 2. Supplementary General Conditions 3. General Requirements .4. Specifications 5. Drawings 6. Modifications incorporated in the documents before their execution. WORK INCLUDED: A. All work shown on the drawings ,as specified herein providing all material, labor and equipment required to install the electrical, lighting and power systems complete and in operating condition. B. Include in the electrical work all the necessary supervision and the issuing of all coordinating information to any other trades who are supplying work to accommodate the electrical installations. DRAWINGS: A. The drawings for electrical work utilize symbols and schematic diagrams which have. no dimensional significance. The work shall therefore, be installed to fulfill the diagrammatic intent expressed on the electrical drawings. ' B. Do not scale drawings. Dimensions for layout of equipment shall be obtained from civil drawings unless specifically indicated on the electrical drawings. C. Discrepancies shown on different drawings, between drawings and specifications or between drawings and field conditions shall be promptly brought to the attention of the Engineer. D. Provide as used on the drawings and in the specifications shall mean, furnish, install, connect, adjust and test. E. The drawings and specifications are complimentary and any work or material shown in one and omitted in the other"or described in the one and not shown in the other, or which may ,be implied by both or either, shall be furnished as though shown on both, in order to give a complete and first class installation. F. Potential Contractors shall visit the project site'prior to bid date to satisfy themselves as to the existing conditions and di.stances. TS-16-1 I I r I. I" II I I I Ij I I Ii I I II II I I- I r I r -04. . B. -05. -06. .r =1 - I SHOP DRAWINGS: A. Submit for approval by the Engineer all materials and equipment to be incorporated in the electrical work. Submit only shop drawings which comply with the contract documents. Shop drawings shall be checked and corrected by the Contractor before they are submitted to the Engineer. . Shop drawings that are not corrected by the Contractor. shall be returned for correction without detailed notations by the Engineer as to the necessary corrections. C. Mark each individual submittal item to show specification section which pertains to the item. D. Submit information as required under SUBMIITALS, for each of the individual electrical sections of the specifications. .E. Data submitted shall contain all information required to indicate compliance,with equipment specified. F. Submit field information drawings to explain fully all procedures involved in erecting, mounting and cOlmecting all items of equipment which differ from that specified. G. . When Shop Drawings are reviewed, some errors may be detected but others may b~ overlooked. This does not grant the Contractor permission to proceed in error. Regardless of any information contained in the Shop Drawings, the requirements of the Drawings and Specifications shall be followed and are not waived or superseded in any way by the Shop Drawing review. RECORD DRAWINGS: A. One complete set of electrical drawings shall be reserved for as-built drawings. Any approved deviation from the contract drawings shall be recorded on these drawings., Drawings shall be checked monthly for completeness. B. Completed as-built drawings shall be presented to the. Engineer prior to final inspection. MAINTENANCE AND OPERATING INSTRUCTIONS: A. Provide at the time ,of final inspection three sets of maintenance and operating instruction for: 1. . Lighting fixtures, indading voltage, lamps and where applicable the ballast used in each fixture. B. Furnish a qualified and accredited factory trained technician to train personnel designated by the Owner in the proper operation and maintenance of specialized equipment. C. The issuing of operating instructions shall include the submission of the name, address, and telephone number of the manufacturer's representative and service company for each item of equipment so that service and spare parts can be readily obtained. TS-16-2 I (- r Ii II I I r I I I r I I I, I If If II - r r" -08. -09. -10. ..... ) -07. CODES AND PERMITS: A. All work shall meet or exceed the latest requirements of all National, State, County, Municipal and/or other authorities exercising jurisdict,ion over the electrical construction work and the project. " B. All required permits and inspection certificates shall be obtained, and made available at the completion of the work. Permits, inspections, and certification fees shall be paid for as a part of the electrical work. DEVIATIONS: A. No deviations from the plans and specifications shall be made without the full knowledge and consent of the Engineer or his authorized representative. B. Should the Contractor find at any time during progress of the work that, in his judgement, existing conditions make desirable a modification in requirements covering any particular item or items, he shall report such items promptly to,the Engineer for his decision and instruction. COOPERATION: A. This Contractor shall schedule his work and in every way possible cooperate with all other Contractors on the job to avoid delays, interferences, and unnecessary work. He shall notify them of all openings, hangers, excavations, etc., so that proper provisions shall be made for his work. This shall not relieve him of the cost of cutting, when such is required. B. This Contractor shall do aU cutting and excavating necessary for the complete installation of his work, but he shall not cut the work of any other Contractor without first consulting the Engineer. he shall repair any work damaged by him or Ius workmen, employing the services of the Contractor whose work is damaged. C. This Contractor shall by all means coordinate the location of ceiling lighting fixtures, both ' recessed and surface mounted, with the Ceiling Contractor so. that proper hangers and supports shall be provided. ' D. Any conflict between electrical and other trades shall be reported before construction starts. . No extra charges will be approved for work resulting from failure to coordinate wjth other trades. INSTALLATION: A. Raceways, fixtures, devices, and other electrical equipment shall be installed in a neat and workmanlike manner and in accordance with recognized good practice for a first class installation. ' TS-16-3 II Ir 1.1 I! B. The Engineer or his representative shall have the authority to reject any workmanship not complying with the contract documents. C. The Electrical Contractor shall personally or through an authorized licensed and competent electrician, constantly supervise the work from beginning to complete and final inspection. D. Electrical equipment shall be installed in accordance with manufacturer's recommendations. If E. Locations of proposed raceway, riser, location of structural elements, and type of construction etc., shall be verified before construction starts. 1\ I.~ I F. Consult owner and utility companies for underground lines before any underground work is started. Contractors shall be responsible for any damage. -11 EXCAVATION, TRENCmNG AND BACKFILLING: II A. General. The Contractor shall perform all excavation to .install conduit structures and equipment specified in this Division of the Specifications. During excavation; materials for backfilling shall be piled back from the banks of the trench to avoid over-loading and to prevent slides and cave-ins. All excavated materials not to be used for backfill shall be removed and disposed of by the Contractor. Grading shall be done to prevent surface water from flowing into trenches and other excavation~ and water accumulating therein shall be removed by pumping. All excavations shall be made by open cut. No tunneling shall be ' done. All requirements of OSHA shall be complied with. I) 11 I:; B. Trench Excavation. The bottom of the trenches shall be graded to provide uniform bearing and support for each section of the conduit on undisturbed soil at every point along its entire length. Overdepths shall be backfilled with loose, granular, moist earth, tamped. Removed unstable soil that is not capable of supporting the conduit and replace with specified material. Ii C. Backfilling. The trenches shall not be backfilled until it is reviewed by the Engineer or his representative. The trenches shall be backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, and gravel or soft shale, free from large clods of earth or stones, deposited in 6" layers and tamped until the conduit has a cover of not less than the adjacent existing ground but not greater than 2" above, existing ground. The' backfilling shall be carried on simultaneously on both sides of the trench so that conduit is not displaced. The compaction of the filled trench shall be at least equal to that of the surrounding undisturbed material, except that trenches occurring under paved ares or in ,areas to be filled shall be backfilled in 6" maximum layers and each layer compacted to 95% maximum density. Settling the backfill with water will not be permitted. Any trenches not meeting compaction requirements or where settlement occurs shall have backfill removed down to the top of the conduit then backfill with approved materials as specified hereinbefore. I! Ii r- I, D. Positively no tree roots are to be damaged, hand dig where required. Hand digging means no shovels or picks. Damaged trees or shrubbery, shall be replaced in kind and must be approved by Engineer. _r- _r- TS-16-4 II' Ir II II I; -12. MATERIALS: A. Materials specified by manufacturer's name. shall be used unless approval 'of other manufacturers are listed in addenda,to these specifications. B. Drawings indicating proposed layout of space, all equipment to be installed therein and clearance between equipment shall be submitted, where substitution of materials alter space requirements on the drawings. II C. All materials shall be new and in accordance with applicable standards, I.E., American Society for Testing and Materials (ASTM), Underwriters' Lab (UL), National Electrical . Manufacturers Association (NEMA), Insulated Power Cable Engineers Association (IPCEA), Edison Electric Institute (EEl), American National Standards Institute (ANSI), UL approved equipment shall bear UL label. I} D. Material of the same type shall be the product of one manufacturer. If II Il If I' I If 11-' Il Ir I r- I) ,'E. " Materials not readily available from local sources shall. be ordered immediately upon approval. F. The Engineer shall have authority to reject any materials, or equipmentt, not complying with these specifications and have the Contractor replace materials so rejected immediately upon notification of rejection. G. Any material or equipment so rejected shall be removed from the job within 24 hours of such rejection, otherwise the Engineer may have same removed at the Contractor's expense. -13. EQUIPMENT CONNECTIONS: A. All equipment requiring electrical'power connections shall be connected under this Division of these specifications. . B. Where electrical connections to equipment require specific locations, such locations shall be obtained from shop drawings. C. Drawings for location of conduit stub-up boxes mounted in wall or floor to serve specific equipment, shall not be scaled. D. Electrical circuits to equipment furnished under other sections of these specifications are based on design loads. If actual equipment furnished has loads other than design loads electrical circuits and protective devices shall be revised to be compatible with equipment furnished at no additional cost to the Owner. Any revisions must have prior approval by the Engineer. E. The Contractor's attention is invited to other Divisions of these specifications, ~here equipment requiring electrical service or electrically related work is specified to be~ome fully aware of the scope of work required for electrical service or related work. . I TS-16-5 .1" . II I: I: If II Il I} I) II If If" Ir If' If F. Where electricity utilizing equipment is supplied separate from the electrical work, and is , energized, controlled or otherwise made operative by electrical work, the testing to provide the proper functional performance, of such wiring systems shall be conducted by the trade responsible for the equipment. The electrical wQrk shall, however, include cooperation in . such testing and .the making available of any necessary testing or adjustments to the electrical equipment. -14. EQUIPMENT PROTECTION: A. Pack or crate the equipment and materials so they will not be damaged during shipping, storing and handling. B. Protect the painted surfaces with removable heavy craft paper or equal installed a the factory. C.' Store the equipment and. materials where they will have adequate dryness prior to installation. D.. Remove the protective coverings prior to the final inspections. -15. CLEANING AND PAINTING: A. Thoroughly vacuum clean all equipment immediately before testing and immediately before putting the equipment into service. B. Prior to the final inspection, wipe clean the interiors. and exteriors of the equipment. C. Repaint damaged surface on the equipment and materials with spray painting equipment and the same quality of paint and workmanship as used at the factory so the repainted areas will not be noticed. D. Panels, exposed conduit, boxes and other items shall be painted under P AlNTING SECTION of these specifications. -16. GUARANTEE: A. Generally lamps shall be replaced up-to-date of acceptance such that they shall have no more than 25 hours, use prior to this date. .1 B. All systems and component pa.'1s shall be guaranteed for one year from the date of final acceptance of the complete project. Defects found during this guarant~ed period shall be promptly corrected at no additional cost to the Owner. TS-16-6 It, If [" I' Ii II If I~ .- I' If' I) II I} I~ 11 Ir IC Ir 11 SECTION TS.:.'17 CONDUIT -01. SUBMITTALS: A. Submit manufacturer's literature for each type of conduit or tubing and fittings used in the project. ' -02. MANUFACTURERS: A. Acceptable manufacturers of conduit are: I. Allied Tube and Conduit Co. 2. Wheatland Tube Co. 3. Triangle 4. L.T.V. 5. American Brass 6. Carlon 7." Can-Tex 8. E.T.P. 9. Certain teed 10. Robroy I I. Georgia Pipe B. All conduit and fittings shall be manufactured in the United States. -03. MATERIALS: A. All metallic conduit and electric metallic tubing shall be steel, of standard pipe dimensions, smooth inside and out, and shall be galvanized. ' Where the word "conduit" is used "hereinafter it shall mean either rigid steel conduit, electric metallic tubing, flexible steel conduit, liquid tight flexible steel conduit or schedule 40 plastic conduit. B. Galvanized rigid steel conduit shall be used in all areas'where it will be exposed to physical damage. Schedule 40 plastic conduit shall be used underground and in slab-on-grade. In no case shall plastic conduit be exposed; switch to rigid steel conduit when turning up exposed. All other conduit, unless otherwise specified or called for on the plans, may be galvanized electric metallic tubing. TS-17-1 I' r I; II If I~ I! I: I.,~ I) Ii I! I; If II .r !!!!!. _r- --j i -, I - r- ! C. Plastic conduit shall be made from virgin polyvinyl chloride C-300 compound. Conduit and fittings shall' carry a UL label. Fitting and cement shall be produced by the same manufacturer as the conduit to assure system integrity. D. All conduit shall be concealed in building construction'except as noted or shown otherwise. In areas with no finished ceiling and where conduit is run exposed all runs down to switches, receptacles, etc. shall when possible be concealed in wall. It is the intent of these specifications that all conduit will be concealed whenever possible. E. EMT fittings shall be compression or tap-on type made of steel for sizes two inches or smaller, steel set screw type fittings may be used on sizes 2 1/2" or larger. Connectors and couplings shall be raintight and shall have a nylon insulated throat. All fittings shall be "UL" approved. Die cast, and indenter type fittings are not acceptable. Fittings for flexible steel conduits and liquid tight flexible conduit shall have nylon insulated throat. F. Rigid steel conduit and EMT shall be not less than 1/2 inch trade size, schedule 40 plastic conduit shall not be less than 3/4" trade size and not less than required by.the NEC or indicated. However, where permitted 'by the NEC, smaller size flexible metal conduit may be used only for individual lighting fixtures. Conduit runs with more than 5 #12 conductors shall not be less tllan 3/4". G. Conduit and EMT systems indicated on the drawings for communication and signaling systems are for typical systems. Install conduit and EMT systems for the system being installed. H. Connect individual recessed lighting fixtures to the conduit or EMT system with flexible, galvanized steel conduit, and use liquid-tight flexible jacketed metal conduit for final connection to all rotating equipment and transformers. The flexible conduits shall be long enough to permit the full range of required movements without strain and to prevent the transmission of vibration. Do not utilize flexible 'conduit to loop between fixtures and devices. 1. Galvanized rigid steel conduit couplings and connections: I. Install standard, conduit-threaded fittings. 2. Ream the ends of conduits after cutting and threading them. TS-17-2 : I I' If II I( Ii If I) Ii Ii If ~ r' I; I! II II II Ir If I!\ .i 3. For connection to sheet metal boxes, cabinets and other sheet metal enclosures, install locknuts on the inside and outside of the enclosure for each connection. See Section 16110 of these specifications. J. EMT couplings and connectors: I. Ream the ends of EMT after cutting them. 2. .Install the following threadless type fittings: a. Connectors: steel compression type with insulated throat or steel tap-on type with insulated throat. b. Couplings: steel compression or tap-on type. K: Installation of plastic conduit:. 1. Shall be'installed in complete accordance with manufacturer's recommendations. ' 2. Shall be a minimum of 2':'0" below finished grade when not covered .by concrete. 3. Shall have properly sized bond wire installed with all circuits. 4. Bends and turns shall be kept to a.bare minimum. ' 5. Extreme care shall be taken to avoid crushing or cracking conduit. "DO NOT" run vehicles over exposed conduit under any conditions. 6. All conduit and fittings shall be solvent welded. 7. . Plastic conduit maybe turned up in masonry walls only, and shall extend no further up the wall than 1'-4". 8. Do not.install conduit in slab. All conduit shall be installed a minimum of 6" below slab. Conduits shall not be bunched together. Maintain 1" clearance between conduits. L. Insulated bushings: 1. 2. 3. 4. Install nylon insulated bushings on the end of all rigid conduit. The insulating material shall be designed for rugged, long service. Bushings which consist of only insulating material will not be accepted. Fittings which incorporate insulated bushings Will be considered for approval in lieu of fittings with separate bushings. TS-17-3 r I, II Ii Ii If 11 I) If Ii I) Ii If If- Ir II. Ir I, .' -,- i -' M. All couplings and connections in location where water or other liquid or vapor might contact the conduit and EMT shall also be watertight. Close empty conduit and EMT as complete runs before pulling in the cables and wires. N. O. Install exposed conduit and EMf parallel to or at right angles with the lines of the building. Locate them so they will not obstruct headroom or walkways or cause tripping. P. A void bends or offsets where practicable: 1. Do not install more bends. offsets or equivalent in any conduit or EMT run than permitted by the NEC. 2. Make bends with standard conduit bending machines. . 3., . Conduit hickeys may be used for making slight offsets and for straightening conduits, stubbed out of concrete. 4. Conduit or EMT bent with a pipe tee or vise will not be accepted. 5. Do not install crushed,or deformed conduits or EMT. Q. Install conduit or EMT clamps: I. At intervals as required by the NEC. 2. Above suspended ceilings, metal supports may be installed as permitted by the NEC, except that conduit cannot be supported or secured to the T -bar grid or from the wire supporting the T -bar grid. 3. Trapeze, split ring, band or clevis hanger may.be installed as permitted by the NEC. Trapeze hangers shall be structural metal channels, angle irons or preformed metal channel shapes with the conduit and EMT runs held on specific center by U bolts, clips or clamps. Do not support conduit from ceiliI;lg suspension wire. 4. Chain, wire or perforated strap supports will not be acceptable. Nor are they acceptable as a means of securing the conduit. 5. Fasten the clamps and o1ter supports as follows: a. For new masonry or concrete structures, install threaded metal inserts prior to pouring the concrete. b. For existing solid masonry or reinforced concrete structures: (I) Install expansion anchors and bolts or approved power-set fasteners. (2) Expansion anchors and bolts shall be not less that 1/4 inch diameter and shall extend not less than 3 inches into the concrete or masonry. (3) Power-set fasteners shall be not less than 1/4.:inch diameter and shaIl extend not less than 1-1/4-inch into the concrete. c. For hollow masonry install toggle bolts. Bolts supported only by plaster will not be accepted. d. F or metal stlUctures install machine screws. TS-17-4 II r II ToO II 1/ I! I; II II' If- Ir Ir 1['- If- Ir- ., -I e; Attachments to wood plug, rawl plug, soft metal insert or wood " blocking will not be permitted. R. For vertical runs of conduit ofEMT: 1. Install supports for conduit, EMT, cables and wires at intervals as required' by the NEC and as indicated on the drawings. 2. Conduit and EMT supports shall be supported by framing for the floors. s. Conduits and EMT shall be kept 6" away from parallel runs of steam or hot water pipes. T. U. Clogged raceways shall be entirely free of obstructions or shall be replaced. Rigid steel conduit installed underground and in concrete shall be coated with scotchrap pipe primer and then wrapped with two layers of scotch rap 50 and 51 corrosion protection tape. v. All empty conduit shall'have nylon pull cord installed to provide for installation of cables, conductors or wiring. w. Do net combine conduit homeruns. Each homerun shall be separately routed directly to panel unless specifically noted otherwise. TS-17-5 [ - I, II' If II If f" I. If Ir 11- 11 II If-- If" 11'- If" Ir- Ir- .' -01. -02. -03. _r-- SECTION TS-~ CONDUCTORS SUBMITTALS: A. Shop drawings shall be submitted and shall consist of manufacturer's published literature. MANUFACTURERS: A. Acceptable manufacturers are: 1. 2. 3. 4. 5. General Okonite Senator Triangle Pirelli CypntS Rome Essex Carol Southwire American 6. 7. 8. 9. 10. B. All wiring shall be manufactured in the United States. MATERIALS: A. Ratings and sizes: 1. Shall be not less than ir.dicated on the drawings and not less than required by the NEC. 2. Minimum size shall be No. 12 AWG copper provided the maximum voltage drops in the control circuits'will not adversely affect the operation of the controls. 3. Conductor sizes indicated on the drawings are for copper conductors. B. Conductors and ground wires: 1. Shall be copper. 2. ' Size No.8 A WG and larger shall be stranded. 3. Size No. 10 A WG and smaller shall be solid. ' C. Conductor insulation: 1. Conductor insulation shall be the NEC type THHN. Under no circumstances shall asbestos insulation be used. D. Wire shall be factory color coded in size No. 10 and smaller. Color shall be by integral pigmentation with a separate color for each phase, neutral and grounding conductor. Color code per phase shall be continuous throughout the project. ' I Manufacturer's name and other'pertinent information shall be marked or molded clearly on the overall jacket's outside surface or incorporated on marker tapes within ,the cables w).d . wires at reasonable intervals along the cables and wires. ! E. TS-18-1 II If' If II If If If'. Ir II If If Ir Ir- II II Ir II -,.- F. All wiring shall be in conduit unless specifically noted otherwise. ': G. Every coil of wire shall be in the original wrapping and shall bear the Underwriters' Label of approval. H. Where wires are left for connection to any fixture or an apparatus, spare wire or cables shall ' be provided at the ends for connections. Fixture connections at the outlet box shall be made with insulated wire connectors. .' I. Outer jackets shall be color coded as follows: I. Single phase circuits, 120/208 volts: a. Phase A - Black b. Phase B - Red c. Phase C - Blue d. Neutral - White e. Insulated ground wire - Green 2. Only for large power, cables and wires which do not have color coded jackets: No.8 and larger. ' a. Install bands of adhesive non-fading colored tape or slip-on bands of colored plastic tubing over the cables and wires at their originating and terminations points and at all outlets of junction boxes. b. Color shall be permanent and shall withstand cleanings. J. No circuit. wiring shall be smaller than number' 12. Where the homerun exceeds 801-0'" in length, number 10 (minimum) wire shall be used even though all such circuits are not indicated on the plans. TS-18-2 Ii . I I. If" Ii If II I! If Ir- II I: If' I! II I: II If If- SECTION TS-12 LIGliTING FIXTURES AND LAMPS , I -01. SUBMITTALS: A. Lighting fixture submittals shall consist of manufacturer's literature including photometric data and shall note on the submittals any special requirements which have been specified. B. The Engineer reserves the right to require sample fixtures for approval. C. "Manufacturer's literature for all lamps. " -02. MANUFACTURERS: A., Lighting fixtures shall be selected from those fixtures included in the fixture schedule as noted on the drawings or in the specifications. B. Lamps: 1. 2. 3. 4. Sylvania Phillips General Electric E.Y.E. EQUIPMENT: -03. A. Fixtures shall be selected from the fixture schedule not only by catalog number but with consideration to mounting, number and types of lamps, and reference notes as contained in the fixture schedule and ,as noted on the drawings and in the specifications. B., Align, mount and level the lighting fixtures uniformly. c. Avoid interference with and provide clearance for equipment. D. Lighting fixtures shall be located as shown on the lighting plan. If for any reason this is impossible or impractical, the Engineer shall be notified immediately for a decision as to the best direction for the shift. E. Upon completion of installation, lighting fixtures and equipment shall be in first class operating order, in perfect- condition as to finish, free from defects. At final inspection:, fixtures shall be completely lamped, be complete with required diffusers, reflectors, sid~ panels, louvers or the other components necessary to complete fixtures. All fixtures an<;i equipment shall be clean and. free from dust, insects, plaster or paint spots. Any reflectors3 diffusers, side panels or other parts broken prior to final inspection shall be replaced by contractor. TS-19-1 _!O. .' ;;;;;; I r- I r- II I r- If- Ir Ir I f- Ir I r- Ir 11- II Ir Ir Ir If Ir I" F. Lamps shall be provided for all fixtures: 1. Metal halide lamps'shall be mogul base, 'of the wattage called for in the fixture schedule and shall be of the coated type. 2. High pressure sodium lamps shall be mogul base, of the wattage called for in the fixture schedule and shall be of the diffuse type. TS-19-2 II II I r- ," I. SECTION TS-20 GROUNDING -01. GENERAL: A. Grounding shall strictly conform to the requirements of the National Electrical Code and the National Electrical Safety Code. II 1[' II I' I f- Ie II' r-' I. I r- I r- Ir -,- -, - r- B. All non-current carrying parts of electrical equipment shall be grounded. Continuity of ground shall be maintained whether called for on the plans or not with a properly sized green .insulated grounding conductor installed in all raceway systems. . C. All screwed conduit connections shall be securely and firmly tightened with pipe wrenches. D. Bonding and grounding bushing with nylon insulated throat and screw lugs shall be installed on all feeder conduits and conduit 111 or larger for positive bonding to the enclosure. E. Nylon insulated steel bushing shall be installed on all 3/411 or smaller rigid conduits at aU enclosures. When bushing has been firmly and secw'ely tightened, a minimum of 3 threads shall be engaged. ' TS-20-1 - r- II Ii Ir II II' If - r - I, II I r- I! II" II' Ir- If II. Ir -r =r -01. -02. -03. -j SECTION TS-21 CONSTRUCTION REVIEWS INSPECTION AND TESTING GENERAL: A. Comply with Division 1 - General Requirements. CONSTRUCTION REVIEWS: A. The Engineer or his representative shall observe and review the installation of all electrical systems shown on the drawings ~md as specified herein. B. Before covering or concealing any conduit below grade or slab, in wall or above ceiling, the contractor shall notify the Engineer so that he can review the installation. CONTRACTOR'S FINAL INSPECTION: A. At the time of the Contractor's final inspection, all systems shall be checked and tested fo1' proper .installation and operation by the Contractor in the presence of the Engineer or his representative. B. The Contractor shall fumish the personnel, tools and equipment required to inspect and test all systems. C.. Following is a list of items that the contractor must demonstrate to the Engineer or his representative as complying with the plans and specifications. Please note that this list does not necessarily represent all items to be covered in the final inspection, but should give the Contractor an idea of what is to be reviewed. 1. Demonstrate that all conduits are supported as required by the National Electrical Code. 2. Demonstrate that all fixtures have specified lamps, ballast and lens, and that they are supported as required by the National Electrical Code or as called for on the drawings or in the specifications. TS-21-2