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HomeMy WebLinkAboutRae's Creek Channel Improvements Augusta Richmond GA DOCUMENT NAME: ~ C\ e S Lr?t/}Z C.htAnne.J I/'YI.- f rOi./~ ~.~ fs DOCUMENT TYPE: CoY7Ir-u.-Cf YEAR: / qO;u BOX NUMBER: :2 FILE NUMBER: ) 0- 6<6"0 NUMBER OF PAGES: , / :</ I I I I I I I I I I I I I I I I I. I I ~ IJ # I~ffi CONTRACT DOCUMENTS FOR RAE'S CREEK CHANNEL IMPROVEMENTS SECTION II WHEELER RD. TO BOY SCOUT RD. PROJECT. NO. 55-8384-324 I I I I I I I I I I I I I I I I I I I LIST OF PROJECT DOCUMENTS Rae's Creek Channel Improvements, section II Project Number: 55-8384-324 SECTION PAGES Instruction to Bidders IB-l thru IB-3 Georgia Prompt Pay Act PPA-l Minority and Economically Disadvantaged Business Support Special Conditions ME-l SP-l thru SP-3 SPP-l A-l thru A-4 1 thru 33 SC-l thru SC-2 P-l thru P-1O G-l thru G-13 Special provisions Agreement General Conditions Supplementary Conditions Proposal General Notes R/W Agreements Traffic Control TC-1 thruTC-23 Corps of Engineers Permit COE-l thru COE-ll Technical Specifications For Gabions TS-l thru TS-9 I I I I ,I I I I I I I I: I I I I I I I SECTION IB INSTRUCTION TO BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be ~reated in every respect as though filed' in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal "may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-1 I I I I I I I I I I I IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items ,may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "nobid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications.shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. , Ii I IB-05 BASIS OF AWARD I I I I I I I The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract,. and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of. the Contractor to check all items' of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-2 I I I I 'I I I I I I I I I I I I I I IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant' equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish ~o him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satiSfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. - IB-3 I I I I I I I I I I I I: I I' , Ii I I I I GEORGIA PRO:MPT PAY ACT This contract is intended by the parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, o. C. G. A. section 13-11-1, et seg., In the event any provision of this Contract is inconsistent with any provision of the Prompt Pay Act, the provision of this contract shall control. NOTICE All references in this document, which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to "Richmond County Board of Commissioners" shall be deemed to mean "Augusta-Richmond County Commission- Council and all references to "Chairman" shall be deemed to mean "Mayor". PPA-1 I .1 I I I I I I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County- council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time . with all other items being considered egual, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. ME-l I I I I I I I I I I I I I I' , I I I I I RAE'S CREEK CHANNEL IMPROVEMENTS, SECTION II Project Number: 55-8384-324 SPECIAL CONDmONS SCOPE: This project ,includes the widening and/or rip rapping of the existing Rae's Creek Channel in accordance with the specifications, plans, and the United States Army Corps of Engineers permit approved Julv 25, 1995 and the desiltihg of Lake Aumond and Hiers Pond. The Contractor shall supply all materials, equipment, labor and supervision necessary to properly complete this project. TERMINI AND LENGTH: This project begins at Wheeler Road and extends in a northwesterly direction to Boy Scout Road. The total length of this project is 2.3 miles. LUMP SUM CONSTRUCTION: Item Number 230-1000 Lump Sum Construction includes, but is not limited to, the following: traffic control, clear and grub, locating, maintaining and reclaiming disposal area(s), complying with the terms of the united States Army Corps of Engineers permit (copy included in contract documents), Construction staking, removals and relocations not covered by a separate pay item and any other work required by the contract documents that does not have a separate pay item. GENERAL: The Contractor shall give Richmond Countv and the Armv Corps of Enqineers (CaE) a 2-weeks notice prior to beqinninqwork on this pro;ect. The Contractor may remove and relay existing Rip Rap approved by the Engineer that meets contract requirements. Payment will be under Item Number 603- 1012. Only the existing Rip Rap that is relayed will be measured for payment. SEOUENCE OF OPERATIONS: During construction of the channel the Contractor shall coordinate his activities so that the maximum distance between the planted permanent grass and the channel widening (excavation) process is 1000 lineal feet. Also, the maximum distance between the channel widening and the rip rap placement shall be 1000 lineal feet. When permanent grass is not in season temporary grass shall be SP-1 I I I I I ,I I I I I I' I I I, I I I I I planted. All erosion shall consistently be corrected until all slopes and/or grassed areas are stabilized. If, in the Engineer's opinion, the Contractor is not putting forth a good faith effort to continuously control, or eliminate, erosion and/or siltation the Contractor may be assessed up to $500/Calendar Day until the situation is resolved. These assessments are in addition to the $500/Calendar Day for failure to complete the proj ect wi thin the allotted contract time. The contractor Shall, at all times, have on the project a qualified person, knowledgeable of, and responsible for, all erosion control until, in the opinion of the Engineer, such person is no longer require~ on a daily basis. RIGHT OF WAY CONSIDERATIONS: construction) (Costs to be included in Lump Sum 1) On the property of Mr. and Mrs. Privitera at 2303 Ramsgate Road a heating and air conditioning system is located within the temporary easement. The Contractor shall protect this system durinq construction and shall work around it. 2) The property of Mr. William E. Wallom at 3012 Skinner Mill Road is currently secured by cable to prevent unwanted entry or trespassing into the easement area. The Contractor shall maintain the security qf this area at all times when he is not physically working in this area. The Contractor can obtain a key from Pete Belvin, Richmond County Public Works at 796-5040. There is also an existing fence along the easement line on the property at 3012 Skinner Mill Road that, if in conflict, will have to be relocated temporarily to secure Mr. Wallom's dog. 3) On the property of MR. and Mrs. Martin at 3205 Ramsgate Road there is an existing PVC pipe that drains the underside of the Martin's house during heavy rains. This PVC pipe must be protected or replaced by the Contractor. 4) On the property of Mrs. Evelyn D. Nixon, 627 Scotts Way, the Contractor shall either drain or fill, as directed by the Engineer, all area's that hold storm water. All debris shall be cleared from easement areas a+ong the creek and rip rap placed in the areas to prevent further erosion. 5) On Mr. Martin's property at 3205 Ramsgate Road there is a pipe conveying water from under his house to the creek that is to be protected. Any damages shall be the Contractor's responsibility. The pipe shall be left in good working order. SP-2 I I I I I I I I I I' I I: 1 I; I' I I I I 6) On the property of Mr. John W. Trulock, he has a french drain near the outbuilding. The Contractor shall protect this drain and ensure that it is left in good working condition. 7) On the property of Mr. Paul Edward and Mary patricia Filpus-Luyckx at 606 Norwich Road the following shall apply. (a) During construction, if the existing fence has to be removed, a temporary fence will be installed for protection of the pool area. (b) No :trees or shrubs will be removed other than those that are definitely in conflict with the proposed construction. (c) If the sprinkler system, french drain, pump and swimming pool f il ter pump are removed they shall be replaced in-equal or better condition. (d) NOTE: The Contractor shall notify the owner when work will be performed on this property. 8) On the property of Mr. Anthony A. Prestifilippo at 601 Canterbury Drive the following shall apply: (a) The pump and piping for the sprinkler shall be removed and reinstalled. (b) The Contractor shall locate the 6" PVC pipe draining the yard and use caution not to disturb this 6" pipe. Any damage shall be the responsibility of the Contractor. (~) On this property the Contractor shall remove trees in. the streambed that may cause obstructions. All heal thy trees, 6" in diameter and larger, located within the slope area shall remain. TIME CONSTRAINTS: The desilting of Lake Aumond'and Hiers Pond shall be started and pursued to completion as one of the very first orders of busin~ss. The desilting work must be underway ~olater than 30 calendar days after the Notice to Proceed. Failure to comply with these conditions will result in Liquidating Damages in the amount of $300/Calendar Day being assessed the Contractor. This $300/Calendar Day is in addition to the $500/Calendar Day for not completing the project within the allotted contract time or any other specified liquidating damages assessment. . . Sp-] I I I I 1 1 I I I I I , It I: I I' I I I RAE'S CREER CHANNEL IMPROVEHE~S, SECTION II WHEELER ROAD TO BOY SCOOT ROAD PROJECT NUMBER: 55-8384-324 SPECIAL PROVISION CHANNEL EXCAVATION All waste material excavated within the project limits shall be wasted on upland, liighground sites. No waste shall be placed on any wetlands., The Contractor shall biq Item Number 204-0001 CHANNEL EXCAVATION on a Lump Sum basis. There is an estimated 30,075 cubic yards of channel excavation. This quantity is furnished for estimating purposes only. The Contractor shall furnish final cross sections on 100 feet stationing, to the Engineer, to verify the final configuration of the channel. with the Engineer's approval cross sections may be furnished at greater intervals. The Contractor shall furnish waste site(s) which have been approved by the Engineer prior to wasting any material. criteria for approval of waste site (s) include but are not limited to Archaeological and Environmental concerns. Stockpiling of the excavated material will not be permitted. Waste material shall be transported to the approved waste site(s) as it is excavated. The Contractor shall be responsible for archaeological survey(s) for proposed disposal sites. be included in the price bid for Channel Excavation. obtaining Payment will ENVIRONMENTAL CONCERNS All work performed during construction shall be done in a manner so as not to violate applicable water quality standards. The Contractor shall take extreme precautions to make certain no oils, grease or pollutants of any type are discharged from the construction activities on this project reach public waters. Equipment utilized in the 'dredging operations shall be maintained free of any petro chemical product (gasoline, oils, cleaners, etc.) leakage. In the event that any such leak develops, the equipment involved shall be removed immediately for repairs and any contaminants reaching the creek shall be skimmed and disposed of in a manner and at a location which has the approval, of the Engineer. - . The Contractor shall utilize only those storage areas for equipment and/or materials which have been approved by the Engineer. Above ground storage areas shall be diked areas. All disturbed areas shall be returned to the original profile, dressed and grassed. All costs for the work described herein will not be paid for separately but included in the overall price bid for this project. SPP-1 I I I I I I I I I 11 I I; 1 I: I! I I I 1-, I I RAE'S CREEK CHANNEL IMPROVEMENTS, SECTION II WHEELER ROAD 'TO BOY SCOOT ROAD PROJECT NUMBER: 55-8384-324 SPECIAL PROVISION U.S. ARMY CORPS OF ENGINEERS PERMIT A copy of the U.S. Army C.O.E. Permit has been included in this contract on pages COE-l through COE-ll. The contractor shall comply with the terms of this permit. All costs for such compliance shall be included in Lump Sum Construction. The contractor's attention is directed to page COE-4 that contains paragraph 6 of Special Conditions. It shall be the responsibility of the contractor to furnish a qualified archaeologist to monitor construction at all archaeological sites. The archaeologist shall halt construction if there is an imminent impact to the sites. We are including information on page SPP-3 pertaining to the availability of certified archaeologists. This is for information only and should be regarded as such. Any qualified archaeologist of the contractor's choosing will suffice but must have the approval of the Engineer. 5" P?- z. I I ~ I I I I I I I I I I I I I I I I I GEORGIA DEPARTMENT Or- TRANS,.ORTATlON OFFlC~ 0" ENVIRONMENT/LOCATION ~..... .' ',...... ..# t{j\'" "1-. .., 1 .j. ,,Jo , " \~~.. GEORGIA DEPARTMENT OF TRANSPORTA nON Or:",Cf; OF' ENVIRONMENT/LOCATION ERIC ANTHONY DUFF HICK H. HICHARDSON SPECIAL STUDIf:S !IF.CTfON ARCHAEOLOGICAL ASSESSMENTS SPECIAL STUDI~S S!:CT10N AnCHA!:OLOCJICAL ASSESSMENTS 3993 AVIATION CIRCLE (404/699-4437 ATLANTA, GA 30336- 1 593 GIST 229-4437 3993 AVIATION C.nCLE (404) 699.4436 ATLANTA, GEORG.A 30336.1593 GIST 229.4436 Re: ,I Archaeological Services Let us help you with your environmental planning needs. We specialize in archaeological compliance as required by state and federal regulations. These regulations can include compliance with Section 106 of the National Historic Preservation Act, Archaeological Resource Protection Act (ARPA) permit requirements, National Environmental Policy Act (NEPA) requirements, Georgia Environmental Policy Act (GEPA) requirements, as well as Georgia's "Abandoned Cemeteries and Burial Grounds Act" (OCGA 36-72) . As staff archaeologists with the Georgia Department of Transportation we actiyely work within the parameters of these laws. We have a good reputation with review agencies and can guarantee fast results. Our qualifications meet the Secretary of Lhe Interior's Standards and Guidelines for Professional Qualifications Standards and we have a combined 16 years of experience as Principal Investigators conducting archaeological investigations. In addition to our GDOT duties, we have provided archaeological services to private and municipal clients. These clients include Cherokee, Richmond, and Columbia Counties, Florida Rock Industries, Inc., and private engineering firms. We are availab1'e weekends and have annual leave flexibility for larger jobs or those requiring a quick response. . Because we are not associated with a consulting firm, we think you will find our rates very reasonable. Any consideration you may provide will be appreciated. If you wish to contact us, you may leave a message any time at (770)830-1883. Vitae and report samples available upon request. Thank you. ) ~ ')) Sincerely, ~,:~()~G~-rdson, M,A, /~/A~t'h:!1DUff' M,A, SPP-3 I I I I I I I I I I. I: I I: I I I I I :1 SECTION A AGREEMENT THIS AGREEMENT, made on the ~ day of ~, 191~ by and between Augusta-Richmond County Commission-Council party of the first part, hereinafter called the OWNER, and Mabus Construction Company, Incorporated party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Rae's Creek Channel Improvements, section II Project Number: 55-8384-324 and in accordance with the requirements and provisions of the Contract Documents as defined in the General and special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within ~ calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 325 calendar days with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof wi thin the time specified. It is expressly understood and agreed by and between the Contractor, and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. A-l I I I I ,I I I I I I I I Ii I Ii I I I Ii IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fIxing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of an work, the new time limit fixed by extension. shall be the essence of this contract. ARTICLE III - PAYMENT (a) The Contract Sum The Owner shall pay to the Contractor for the performance of the Contract the amount as stated in the Proposal and Schedule, of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Proqress Payment On no later than the fifth day every month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. I I I I On the vendor run following approval of-the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 I I I I I I I I I I I I I ! Ii I I Ii I I II I I I I I ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (a) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within 15 days after the date of said final certificate. - (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall 'also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without te;rminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A-3 I I I I I I I ! I I I I I, ! Ii IN WITNESS WHEREOF, the parties hereto have executed ,this Agreement in three (3) counterparts, each of which shall ~;'be de~1l!..~~~~ original, in the year and day first mentioned ..=, abo~ j},lCHMO,\,^ ~1l.h. 4-.<< ~,pi. 1"0 '4f:l -..,~ 000000"" ~o lo.ll, ""'~... ,," 00 "v ,#'/i? 000 0"0 ~_~.A j( '"' ,,'" ..... 0" '.,>, VA <4'::::>0 o~~ l "C " " "" \"; ~.i 1.~ ~ ~ g. " ~ ~ ~... 0 .', "t",' g " ~I t"" 0 ,.~. ",' ;" ~"""" - '-J' '.I 11 ~... 00 EST. ,,0 d' V'~ "0" 1996 .,00 01 __ 000800,11000 ",#, ,~ GEORG\1'- -4>-- SEAL \\1\.~'Il:I..'~~~~ AUGUSTA-RICHMOND COUNTY COMMISSIO COUNCIL (Owner A4f ~ .. 1/n ~ Se -re'ta!r ~ '--th.?:t /J '-jy;P'I~ witne . Richmond County Commission-Council By: SEAL Attest Address: 916 Molly Pond Road Augusta. Georqia 30906 Secretary I. I I I I I I witness A-4 I I I I I I I I I I I I I . . I: ; 11 I I I I GENERAL CONDITIONS I I I I I I I I I I I I, II , II .i I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title , DEFINITIONS. , .., ".... ,.......... ".... .... ........ . . ,....... , ,.. PRELIMINARY MAITERS ......,................................. CONTRACT DOCUMENTS: INTENT. AMENDING AND REUSE............................... AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS. , . . . . . . . . , . , ... ., . . . , . .. . . .. .. . . . . . . .. . . .. . .. BONDS AND INSURANCE...,. ........ ........ ................... CONTRACTOR'S RESPONSIBILITIES............................ OTHER WORK ..................................................... OWNER'S RESPONSIBILITIES.................................... ENGINEER'S STATUS DURI:'-IG CONSTRUCTION .............. CHANG ES IN THE WORK. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. . .. .. . . .. .. CHANGE OF CONTRACT PRICE....................,......,...... CHANGE OF CONTRACT TIME. ...... ........ ........ .. .... . . .. .. WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK........................... PA YMENTS TO CONTRACTOR AND COMPLETION ,........... SUSPENSION OF WORK AND TERMINATION....... .......... ARBITRATION,.,...... .............,... ............................ MISCELL\:-.IEOUS .....,. .-......................................... 3 4 5 6 7 8 9 10 II I::: 13 14 15 16 17 3 Paf(e 8 9 10 II 14 18 19 19 21 21 :::4 24 26 29 31 ,., J_ I I INDEX TO GENERAL CONDITIONS I Anicil! or Paragrapn Numbl!r I Acceptance of Insurance ........................,.... 5.13 Access to the Work ........."..,...,.,....,.......,. 13.2 Addenda~efinition of (see definition of Specifications) .............,.,.....,........",.,.",. I I Agreemenl~efinition of . .",. ,..... ..... ..".,.,.. ...,. 1 AU Risk Insur:mce .................:................... 5.6 Amendment. Written ............................. I. 3,1.1 Application for Payment~eiinition of ......",......... I I Application for Payment. Final ,................",.. 14.12 Application for Progress Payment .................... 14.2 Application for Progress Payment-review of .... 14.4-14.7 I Arbitration. . . . . . . , . . , . . . . . . . . . . . . , . . . . . . . . . . . . . , . . . . . ,. 16 Authorized Variation in Worle ........................, 9.5 A \'ailabiliey of Lands ......"".........".,."......., 4.1 A ward. N orice of --defined .............................. 1 I Before Starting Construction...................... :.5-2.7 Bid-:ieriniejon of ............,..................."..... I Bonds and Insurance-in general ........................ 5 I Bonds-detinition of . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . ,. I Bonds. Delivery of ............................. _, :.1. 5,1 Bonds, Performance and Other .................... 5.1-5.: I Cash Allowances ..................................... 11.8 Change Order-:iennition of ....................... .'...,. 1 Change Orders-to be executed ...................... 10.4 I Changes in the Work ................................... 10 Claims. Waiver of -on Final Payment ............... 14.16 Clarinc;uions and InterpreultJons ...................... 9.4 Cleaning ,........:.................................., 6.17 I Completion,..,..,............................. . . . . . . . .. 14 . Compie:Jon. Suostanciai ..,...................... 14.8-14.9 Conference. Pre::onstruc:Jon .........,.,.............. :.3 Connic:. ~:ior. Lliscrepancy~untractor I C~~S~~~~i~nM.~~h;~~~: 'E~'~i~~~~;.' ~;~:. ::::::::. .:.'~.' ~:~ Continumg Work ..,.................................. 6.:9 Ii' c~~:~~~eon~~:e~t~~~~~.i~.g. ~~.~............... 3.4-3.5 I Contract Documents-dennition of ....................,. 1 Contract Documents-Iment ...................... 3.1-3.3 I: Contract Documents-Reuse oj ....................... 3.6 Contract Price. Change oj .............................. 11 Contract Price--.:iennition ............................... I Contract Time. Change of .............................. I: I Contract Time, Cummencement oi ...............:. '. .. :,) Contract Time-.iennition oj ..,......................... 1 Contractor-:ierinition oj ................................ I I Contractor May SLOP Work. or Terminate ............. 15.5 Contractor's Continuing Obligation.................. 14.15 Contractor's Duty to Report Discrepancy in Documents .................................. :.5,3.: I Contnctor's F~~~ost Plus ... IU.5.6. 11.5.1. 11.6-11.~ Contractor's Liability Insurance..............,........ 5.3 Contractor's Responsibilities-in general ................ 6 I Contnlctor's Warranty of Tide ........................ 14,3 Contnlctors-other ....."".,...,..".,."....,."",.., 7 Contnlctual Liability Insurance. .".",.......,...,.... 5.4 Coordinating Contractor~etinition of .....""....... 7.4 Coordination .......................................... 7.4 Copies of Documents......"....... . ...."............. :,: Correction or Removal of Defective W orle .....,..,., 13.11 Correction Period. One Year ........................ \3,12 Correction, Removal or Acceptance of Defective Work-in general .................... ..-..... 13.11-13.14 Cost-net decrease ............,.................... 11.6.1 Cost of Wark .................................... 11. 4-11.5 Costs. Supplemental. . . .. . . . . , . . . . , .. . .... . , , . .. . , .. 11.4,5 Day--definition of ...............,......,...,...,....,... I Defl!crive~efinition of ..........,...,................,. I Defecrive Work, Acceptance of ...................... 13.13 Defl!crive Work. Correction or Removal of .,....".. 13.11' Dl!feclive Work-in general............... 13,14.7.14.11 Dl!fl!crive Work. Rejecting............. ........ .... ..., 9.6 Definitions ..,..."",..,.".".".....,.""...."...',. I Delivery of Bonds "..""."".,........,....,..,..." 1.1 . Determination for U nit Prices ......,................. 9.1 0 Disputes. Decisions by Engineer................. 9.11-9. J1 Documents, Copies of ...."",.......,...........,.... :.: Documents, Record ......,.",....,....."."",.,...6.19 Documents, Reuse .....".,......,.......,....,."..,. 3,6 Drawing~efinition of .......................,......,., I Easements .................,..,....................:.. 4.1 Effective date of Agreement-:iefinition of ...... ... ...... I Emergencies ......................................... 6.:: Engineer-<iefinition of ..,...,........................... I Engineer's Decisions............................ 9.10-9.11 Engineer's-Notice Work is Acceptable..... .'....... 14.13 Engineer's Recommendation of Payment ...... 14.4. 14.13 Engineer's Responsibilities, Limitations on ........;........ 6 . 6 , 9 . II , 9 . 13 - 9 . 16 , 18 . 2 Engineer's Status During ConstrUction-in general ...... 9 Equipment. ubor. Materials and.................. 6.3-6.6 Equivalent Materials and Equipment .................. 6,7 Explorations of physical conditions ................'... 4.2 Fee. Contractor's-Costs Plus........................ 11.6 Field Order-<iennition oj ............................... I Field Order-issued by Engineer ........,....... 3.5.1,9.5 Final Application for Payment ....................... 14.12 Finallnspecuon ..................................... 14.11 Final Payment and Acceptance ...................... 14.13 Final P3yment, Recommendation of ........... 14.13-14.14 General Provisions ...,.......................... 17.3-17.4 General Requiremenl~efinition of. . ... ......... .... '. .. I General Requiremenls-principal references 10 ................. 2.6,4.4.6.4.6.6-6.7. 6.:3 ~ I I Giving Notice........".".. ,.",.. ."",.",......:. 17.1 Guarantee of Work-by ContraCtor,...,......,....... 13.1 I Indemnification . . . . . , , , . , . , , , . ,. , . , , , , , , . , .. 6.3G-6,32. 7.5 Inspection. Final ......................,............., 14,)[ Inspection. Tests and . .. , . .. .. .. .. ~ .. ..... . ....... . ... 13.3 I Insurance. Bonds and-in genera! ........,.....,......., 5 Insurance. Certificates of ........................... 2.7. 5 Insurance-completed operations.,.,.."..".,...,.,.. 5.3 Insurance. Contractor's Liability ...,.,..".""..,,:., 5.3 I Insurance, Contra~tlJ~l L!~bility ......,....,........... 5.4. Insurance, Owner s LiabilIty ....................." ~.. 5,5 Insurance. Property ..:........................... 5,6-5,13 Insurance-Waiver of Rights ...................,..... 5.11 I Intent of Contract Documents ..........,........ 3.3.9.14 . Interpretations and Clarifications ...........,..,....". 9.4 Investigations of physical conditions......,.....",..,. 4.2 I Labor, Materials and Equipment ........,...,.,." 6.3-6.5 Laws and Regulations-<iefinition of ..,...."..,.......,. I Laws and Regulations-general......,...,.,...,.,.". 6.14 1 Liability Insurance-Contractor's ,.........,..,..,.... 5.3 Liability Insurance-Owner' s ............,..,.,.....,. 5,5 Liens-<iefinitions of ................................ 14.2 Limitations on Engineer's I Responsibilities....:................ 6.6.9.1 I. 9.13-9.16 Materials and equipment-fumished by Contractor ..,. 6.3 Materials and equipment-not I incorporated in Work .............................. 14.2 Materials or equipment-equivalent ......",..",.,.., 6,7 Miscellaneous Provisions ............................... 17 I Multi-prime contracts ..................."...",."",.. i Notice, Giving of ..................................... 17.1 Notice of Acceptability of Project................... 14.13 1 Notice of Award~efinition of .......................... I Notice to Proceed~efinition of ......................... I : Notice 10 Proceed-giving of .......................... 2.3 I "Or-,Equal"llems ..................................... 6.7 Other contractors ..................................... ... -; Other work .... . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . .. i Overtime Work-prohibition of . . ....,....."",...,.., 6.3 Owner-definition of ...............................,.... I Owner May Correct Defective Work................. 13.14 Owner May Stop Work.............................. 13.10 Owner May Suspend Work. Terminate.......... 15.1-15A Owner's Duty 10 Execule Change Orders ............. 11.8 Owner's Liability Insur.lnce ........................... 5.5 Owner's Representative-Engineer 10 serve as ........ 9.1 1 Owner's Responsibilities-in general ..............,..... S Owner's Separ:lte Representative at sile ............... 9.3 .11 I Ii I' ::~::: ~~:::~~~:~~~~rl'~i~;~~'~;"::::::::::::::::::::. .l.~..l~ Partial U lilizatiun-Property Insurance ............... 5.15 Patent Fees and Royalties ............................ 6.12 I Payments. Recommendatiunof ........... 14.4-14.7.1.U3 Payments to C0ntr.lctor-in general .................... 14 I Payments to Contractor-when due ,....,.,." 14.4, ,14,)3 Payments to ContraCtor-withholding ,......"",.,.. 14.7 Performance and other Bonds ....,........,....... 5,1-5,2 Permits,.. , . . , , . , , , , . , , , ,. . . , , ,. ,. . , .. " .... . . ,. .. .. ., 6.13 Physical Conditions ",.,..,....".,....".....,.".,.. 4.2 Physical Conditions-Engineer's review ............. 4.2.4 Physical Conditions--existing strUctures ..,.,.. , , , , ,. 4,2.2 Physical Conditions--explorations and reportS. .. , . .. 4,2,1 Physical Conditions-possible document change .,... 4,2,~ Physical Conditions-price and time adjustments .... .L2.5 Physical Conditions-report of differing .",....,.... 4.2.3 Physical Conditions-Underground Facilities..,....... 4.3 ?reconstruction Conference ",.,..,.'"."...",......, 2.8 Preliminary Matters ...............,.......,............. 2 Premises, Use of .........., ..................... 6,16-6,18 Price. Change of Contract .:............ "_" . .. , .. .. .. .. II Price.Contract-definition of .,."""."......."."..,' I Progress Payment. Applications for. . . , . .. .. , , . . . . . . .. 14.2 Progress Paymenl-retainage ,.......,..............,' 14.2 Progress schedule ............... 2.6. 1.9, 6,6. 6.29, 15,2.6 Project-definition of .....,.,.,.,..,.,..,......,......,., 1 Project Representation--provision for .........,...:.., 9.3 Project Representative, Resident-definition of .......... I Project. Starting the .........".,........,............. 2.4 Property Insurance............................... 5.6-5.13 Property Insurance-Partial Utilization .....,......... 5,15 Property Insurance-Receipt and Application of Proceeds .................................,. 5.12-5.13 Protection. Safety and ...................,......, 6,2G-6,21 .Punch list .........,.,...",."..,.",..,.,......,',. 14.11 Recommendation of Payment..... "........... 14.4. 14,13 Record Documenls ..................,................ 6.19 Reference Points ..."",.,.,..".."....,.".,.,.,.... 4.4 Regulations. Laws and ............................... 6,14 Rejecting Defective Work .,............".........,... 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not E.'tclusive ............................. 17.4 Removal or Correction of Defective Work ........... 13.11 Resident Project Representalive-definilion oi ......... .. 1 Resident Project Representative-provision ior ........ 9.3 Responsibilities. Conlractor's-in general ............... 6 Responsibilities. Engineer's-in general ................. 9 Responsibilities. Owner's-in general.................... 8 . Retainage ............................................ 14.2 Reuse oi Documents .................................. 3.5 Rights of Way .................,....................... 4.1 Royalties. Patent Fees and ........................... 6.12 Safety and Protection ... . . .. 6. 20 -6 . 21, 18. 1-18 . 2 Samples ,........................................ 6.23-6~28 Schedule of progress ........ 2.6.2.8-2.9.6.6.6.29. 15.2,6 Schedule of Shop Drawing submissions...................... 2.6,2.8.2.9.6.23, 14.1 Schedule of values ...................... 2.6,2.8-2,9. 14.1 Schedules. Finalizing. ............ .. ........ .. ,........ 2.9 Shop Drawings and Samples. .. .. .. ....... . .. .... 6.13-6.28 Shop Drawings-definilion of . .. . . .. .. .. .. .. . .. .. . .. .. . .. I Shop Drawings, use to approve subslitUlions ...................................... 6. i.3 5 I I lite. Visits to-by Engineer ........................... 9,2 pecifications-de~nition of .",.,..".",......,.,"",. 1 taJ"Ung Consuucuon. Before" , . . . . , ., ",..,.., .,. 2.5-2.8 Starting the Project ;.............;.. ~ .. .. . .. .. .. . .. .... 2.4 _topping Work-by Contractor....................... IS,S topping Work-by Owner .......................... 13,10 ubcontractor-definition of ,.,.."""..".,....,.,.,.,. 1 Subcontractors--in genera! ."....".....,."..... 6,8-6.11 fUbcontraCls--reqUired provisions .....".,.,.5.11,1.6,11 11.4,3 Substantial Completion-certification of ........,..". 14,8 Substantial Completion-definition of . . , . , , . . . . . . . , . , , . .. 1 ISUbStitute or "Or-Equal" Items ....................... 6,7 Subsurface Conditions. .. . . . ,.. .. ., , , . , " ., . .." , ,. 4,2-4.3 Supplemental costs ".....".,...,.,....,..,......,' 11,4.5 IsuPPlementarY Conditions-definition of ....,.",.".,.. I SupplementarY Conditions-principal ' references to .. 2,2.4,2.5.1.5.3.5.6-5,8.6,3,6,13.6,23. 7.4.9,3 I Supplementing Contract Documents ,.....,..,..... 3,4-3.5 Supplier-definition of . . . . . . . , , . , , . . . . , .. . . . ,. . , , . , .. , , .. I Supplier-principal references to ... 3.6,6.5,6.7-6.9,6.20, 6,24.9.13,9.16. 1l.8, 13.4, 14.12 I Surety-consent to payment.... . .. ........". 14,12. 14,14 Surety-Engineer has no duty to ...............,.... .9.13 Surety-notice to ..........................10,1.10.5.15,2 I Surety-qualification of ......,...,...,.",..,..,., 5,1-5.2 Suspending Work.. by Owner ......................... IS ,I Suspension of Work and Termination-in general.....,' IS Superintendent-Contractor's .....,..,."."..,.....,. 6,2 I Supervision and Superintendence. ., ............... 6.1-6,2 Taxes-Payment by Contractor.. .. .. . .. . .. .... .. .. ... 6.15 Tennination-by Contractor................,....".., 15.5 I Tennination-byOwner .................,.......15,2-15.4 Tennination, Suspension of Work and-in general...... 15 Tests and Inspections ,....,..................... 13.3-13.7 I Time. Change of Contract .............................. 12 I .1 I I I I I Time. Computation of ..,..".,.,..",.. _ . . , . . , , . . . . ,. 17.2 Time. Contract-definition of ".,.",.."",........,.,.. 1 Uncovering Work ............................... 13.8-13.9 Underground Facilities-definition of ...,.,..,.,.,.,..... I Underground Facilities-not shown or indicated..... 4,3,2 Underground Facilities-protection of .....".,.. 4.3.6.20 Underground Facilities-shown or indicated..,...... 4.3.1 Unit Price Work-definition of ...................,...... 1 Unit Price Work-genera! ................, 11.9. 14.1. 14.5 U nit Prices ;.,...,.,...".,.,.,.",.,',..,..,.,',.... I 1.3,1 Unit Prices. Determinations for... .................... 9.10 Use of Premises................................. 6.16-6.18 Utility owners .......................... 6,13. 6,20. 7.2-7.3 Values. Schedule of ......................... 2.6.2,9. 14.1 Variations in Work-Authorized.,........ ~. 6.25.6.27,9.5 Visits to Site-by Engineer ,.....",.,..,.,...,......,. 9.2 Waiver of CIaims-on Final Payment.....,.......... 14.16, Waiver of RiglJts by insured panies ..,......,... 5.10, 6.11 Warranty and Guaranlee-by Contractor............. 13.1 Warranty of Title. Contractor's ........,...,..,....... 14.3 Work. Access to .............................,....... 13.2 Work-by others ..................................,...,. 7 Work Continuing During Disputes ,.,...,..,....,..... 6,29 Work., Cost of ................................... 11.4-11.5 Work-definition of .,...",.,...."",."....".,......, I Work Directive Change-definition of ......,...,........ I Work Directive Change-principal . references to ............................ 3.4.3, 10.1-10,2 Work, Neglected by Contractor .....,.,............. 13.14 Work, Stopping by Contractor........................ 15.5 Work, Stopping by Owner....................... 15.1-15.4 Written Amendment-definition of ...................... I Written Amendment-principal references to ..................... 3.4.1. 10.1. 11.2, 12.1 6 I I GENERAL CONDITIONS IARTICLE I_DEFINITIONS 1 Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I.-\ddenda-Written or graphic i~struments issued prior to the opening of Bids which clarify. correct or change the bidding documents or the Contract Documents. ' IA,l!reemell/- The written agreement between OWN ER and CONTRACTOR covering the Work to be performed: other 1 Contract Documents are attached to the Agreement and made a pan thereof as provided therein. Applica/ioll .fill' P(/\'I11elfl- The form accepted by ENGI- I ?-lEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- poning Jo~umentation as is required by the Contract Documents. I Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be I performed. Bonds-Bid. performance and payment bonds and, other instruments of security. I, Change Order-A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and autho- rizes an addition. deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time. issued on or after the Effective Date oi the Agreement. 1 I COIl1/'{/('/ Doeulllell/s- The Agreement. .\ddenda I which per- tain to the Contract Documents). CONTRACTOR's Bid (including documentation accompanying the Bid and any post- Bid documentation submitted prior to the Notice of Award) when allached as an exhibit to the Agreement. the Bonds, these General Conditions. the Supplementary Conditions. the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement, together with all amend- ments. modifications and supplements issued pursuant to paragraphs 3,4 and 3.:' ,)n or after the Effective Date of the Agreement. I 1 1 C Ulltrt/e/ Pr;ee- The moneys payable by OWN ER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in' the case of Unit Price Work). I COl/t/'{/ct Ti/lll'- The number of days (computed as provided in paragraph 17.~) or (he date stated in the Agreement for the compktion of the Worl.:, I CONTRACTOR-The person, tirm or corporation with whllm OWN ER has entered into the Agreemenl. I Jefectil'e-An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. or does not conform to the Contract Documents, or does not meet the requirements of any inspection. reference standard, test or approval referred to in the Contract Documents, or ha5 been'damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10), , Drall'ill,l!s- The drawings which show the character and scope of the Work to be pert'ormed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. Effectil'e Date of the Agreemellt- The date Indicated in the Agreement on which it becomes effective. but if no such date is indicated it means the' date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. E.vGIN EER- The person, firm or corporation named as such in the Agreement. Field Order-A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requiremellfs-Sections of Division I of the Speci- fications. Lall's and Regulations: Lall's or Regulations-Laws. rules, regulations, ordinances, codes and/or orders. Notice of .-\ lI'ard- The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified, OWNER will sign and deii\er the ,\greemenl. .Voriee (() Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fi:'(ing the date on which the Contract Time will commence to run and on which CONTRACTOR shall stan to flerform CONTRAC- TOR'S obligations under the Contract Documents. OWNER-The public body or authoritv., corporation. asso- ciation. firm or person with whom CONTRACTOR has entered into the Agreement :lOd for whom the Work is to be provided. Partilll Litili.:arioll-Placing a portion oi the Work in service ior the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. PrcJ;ect- The total construction of which the Work to be provided under the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents. R.'Jidelft Pr,~;('('/ Rcpre,H'll/llIil'e-The authorizeu represen- tative of ENGIN EER who is assigned to the site or any part thereof. 7 I I I Shop Drawings-All drawings. diagrams, illustrations. schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations. brochures. standard schedules, perfor- I mance charts. instructions.-diagnuns and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate 'material or equipment for some portion of the Work, I Spuificarions-Those portions of the ContraCt Documents consisting of written technical descriptions of materials. equipment. const!''Uction systems, standards and workman,- I ship as applied to the Work and certain administrative details applicable thereto,' Ii Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site, I Substantial Completion- The Work (ora specified part thereof) has progressed to the point where. in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion. it is sufficiently complete. in I accordance with the ContraCt Documents. so that the, Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued. when final payment is due in accordance with paragraph 14.13, The terms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comple- tion thereof. I Ii Supplementary Conditions-The part of the Contract Docu- ments which amends or supplements these General Condi- tions. I; Supplier-A manufacturer, fabricator, supplier. distributor, materialman or vendor. I Underground FaciliTies-All pipelines. conduits. duelS, cables, ' wires. manholes, vaults. tanks. tunnels or other such facilities or attachments, 'and any encasements containing such facil~ ities which have been installed underground to furnish any of the following services or materials: electricity. gases. steam. liquid petroleum products. telephone or other communica- tions, cable television, sewage and drainage removal.. traffic or other control systems or water. II I I Unit Price Work-Work to be paid for on the basis of unit prices. Work-The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished I under the Contract Documents. Work is the result of per- " forming services, furnishing labor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contract Documents. I Work Direcrive Change-A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, I ordering an addition. deletion or revision in the Work. or responding to differing or unforeseen physical conditions UDder which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6,22. A Work Directive Change may not change the Contract Price or the Contract Time. but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be inco!1)orated in a subsequently issued Change Order following negotiations by the parties as to its effect. if . any. on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendmenr-A written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nonccchnical rather than strictly Work-related aspects of the Contract Documents, ARTICLE 2-PRELIMINARY MAITERS Delivery of Bonds: 1,1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5,1. Copies of Docume1llS: 1,1. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the SupplementarY Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished, upon request. at the cost of reproduction. Commencemeru of Contract Time: l'ioti.t:e 10 Proceed: ~.3. The Contract Time, will commence to run on the thirtieth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement. whichever date is earlier. . Suuring the Project: 1.4. CONTRACTOR shall stan to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Suuring Construction: 1,5. Before undertaking each pan of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and veriiy pertinent figures shown 8 I I I thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict. error or discrepancy which CONTRACTOR may discover and shall obtain a wrinen interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby: however. CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to report any conflict. error or discrepancy in the Contract Documents. unless CONTR.-\CTOR had actual knowledge thereof or should reasonably have known thereof. I I I :!.6. Within ten days after the Effective Date of the Agree- ment I unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for revIew: I :!.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: I :!.6.2. a preliminary schedule oi Shop Drawing sub- missions: and I 2.6.3. a preliminary schedule of values for all.of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and proth applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. I I I :!.7. Before any Work at the site is started. CONTRAC- TOR shall deliver to OWNER, with a copy to ENGINEER. certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in 3.:cordance with paral?raohs 5.3 and SA, and OWNER shall deliver to CONTRACTOR cerllrlcates land other <=vidence of insurance requested bv CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7, I I Preconsrruclion Conference: 2.8. Within twenty days after the Effective Date of the Agreement. but before CONTRACTOR startS th.: Work at the site. a conl.:rence attended by CONTRACTOR. ENGI- NEER and ,'thers as appropriate will be held to discuss the sch.:duks r.:t'.:rred to in paragraph :!.6. to discuss procedures for handling Shop Drawings and oth.:r submittals and for processing :\pplications lor Payment. and to establish a working. understanding among the parties as to the Work. ' I I I I Finali:.ing Schedules: 2.9, A.r 1c:;I~[ [en da\s befor.: submission of the tirst .-\pr1i- cation for Pa \"ment a .:onference attend.:d by CO NTR.-\C- TOR, ENGINEER and others as appropriate will b.: h.:ld to finaliu [he ~.:hedules submitted in accordance \\'i[h para- I graph :!.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but 'such acceptance will neither impose,on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a, workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as [0 form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE - I nlent: 3.1. The Cont1-act Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. ' 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereon to be con- structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for.' When words which have a well-known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals orcodes of any technical society. organization or association, or to the Laws or Regulations of anv governmerJlal authority. whether such refere-nce be specifi~ or by implication. shall mean the latest standard specification. manual. code or Laws or Regulations in effect at the time of opening of Bids lor. on the Effective Date of th<= Agreement if there were no Bids). except as may be otherwise specifically stated. However. no provision of any referenced standard specification. manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consuitants, agents or employ- ees from those set forth in the Contract Documents. nor shall it be effective to ~ssign to ENGINEER, or any of ENGI. NEER's consultants. agents or employees. any duty or authoritv to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to th.: provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents "hall be issued by ENGINEER as provided in paragraph 9A. 3.3. If. during the performance of the Work. CONTRAC- TOR finds a conflict. error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work all'ected th.:reby shall obtain a written interpretation or c\aritication 9 ,I I E ENGINEER: however, CONTRACTOR shall not be Ie to OWNER or ENGINEER for failure to report any , ict. error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should rOnablY have'lrnown thereof, AmetUiing and Sllpplemenling Conl11U:t Docwnerw: .3.4. The Contract Documents may be amended to pro- llie for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of r following ways: 3.4,1. a formal Written Amendment. I 3.4.2. a Change Order (pursuant to paragraph 10.4), or 3.4,3, a Work Directive Change (pursuant to para- I graph IO.\). As indicated in paragraphs 11.2 and 12.1, Contract Price and a?ntract Time may only be changed by a Change Order or a . ritten Amendment. 3.5. in addition, the requirements of the Contract. Docu- ~ents may be supplemented. and minor variations and devia- ions in the Work may be authorized, in one or more of the ollowing ways: I, 3.5,1. a Field Order (pursuant to paragraph 9.5), I~ 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to-paragraphs 6,26 and 6.:m, or 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4), IReuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or I Supplier or other person or organization performing or fur- . nishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other docu- I ments lor copies of any thereof) prepared by or bearing the seal of ENGINEER: and they shall not reuse any of them on extensions of the Project or any other project without written I consent of OWNER and ENGiNEER and specific written verification or adaptation by ENGINEER. I ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL , CONDITIONS: REFERENCE POINTS I A vaiUlbiliry of lAnds: 4.1. OWNER shall furnish. as indicated in the Contract Documents, the lands upon which the Work is to be per- I fotmed, rights-of-way and easements for access thereto, and 10 . . such other lands which are designated for the use of CON- TRACTOR, Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands. rights-of-way or case- ments entitles CONTRACTOR to an extension of the Con- tract Time. CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall,provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment, Physical Conditions: 4,2.1. Explorations and Reports: Reference is made to the SupplementarY Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpreta-' tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2, Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.:.6. CONTRACTOR shall have rull respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2,3. t. any technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.2.1 . and 4.:!.:! is inaccurate, or 4.:!,3.2. any physical condition uncovered or revealed at the site differs materially from that indi. cated, reflected or referred to in the Contract Docu- ments. CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by para- graph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference. I I I 4,1.4. ENGINEER's Rel';I!\\': ENGINEER will promptly review the pertinent conditions. determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWN ER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con- c1usions, I 4.2.5. Possihle Document Chanrte: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the,Contract Documents is reqilired, a Work Directive Change or a Change Order will be issued as provided in Article ) 0 to reflect and document the consequences of the inaccuracy or difference. .1 I 4,2.6. PO'uihle Price and TimE' Adjustmellls: In each such case. an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof. will be allowable to the extent that they are attributable to any such inaccuracy or difference. . '[fOWNER and CONTRACTOR are unable to agree as to [he amount or length thereof. a claim may be made therefor as provided in Articles i I and 12. I Physical Conditions-Cllderground Facilities: 4.3.1. Shown VI' Indicated: The information and data I shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER I or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: I I I .U.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. I .U.l.:. CONTRACTOR shall have full responsi- , bility for reviewing and checking ail such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents, for coordina- tion of the Work with the owners of such Underground Facilities during construction, for the safety and pro- tection thereof as provided in paragraph 6.10 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in the Contract Price. Ii I I 4,3.2. :Yor Sholl'lI or Indicated. If an Underground Facilitv is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall. promptly after becoming aware thereof and before performing any Work affected thereby lexcept in an emer- gency as permitted tw paragraph 6.~~1. identify the owner of such UmkrgrounJ Facility and give written notice therel)r' to that owner and [ll OWNER and ENGINEER. ENGI- ~ EER will rromptl\' review the LIOlh:rgrounJ Facilit\' [0 I I I determine the extent to which the Contract Documents should be modified to reflect and document the conse- 'quences of the existence of the Underground Facility, and the Contract Documents will be amendedor supplemented to the extent necessary. During such time, CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.10. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time. or both. to the extent that they are attributable to the t''(istence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles II and) 2. Reference Points: 4.4. OWN ER shall provide engineering surveys toestab- lish reference points for construction which in ENG INEER' s judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds. each in an amount at least equallO the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due. except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "C om- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Accepiable Reinsuring Com- panies" as published in Circular 570 (amended) by the :\'udit Staff Bureau of Accounts. U.S. Treasury Department. All Bonds signed by an agent mUSl be accompanied by a certified copy of the authority 10 act. 5.~. If the surety on any Bond furnished by CONTR.-\C- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminateJ in any state where any part of 11 I I [Project is located or it ceases to meet the requirements paragraph 5.1, ~ONTRACTOR shall within five days ereafter substitute another Bond and Surety. both of which must be acceptable to OWNER. ' 'OntnzelOr'S Liab~ Insurance: 15,3, CONTRACTOR shall purchase and maintain such mprehensive general liability and other insurance as is propriate for the Work being performed and furnished and as wiU provide protection from claims set forth below which t1y arise out of or result from CONTRACTOR's perfor- ance and furnishing of the Work and CONTRACTOR's ther obligations under the ContraCt Documents. whether it is to be penormed or furnished by CONTRACTOR, by any .ubconrractor, by anyone directly or indirectly employed by .y of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: I 5.3.1. Claims under workers' or workmen's compen- sation. disability benefits and other similar employee ben- efit acts: I 5.3 .2. Claims for damages because of bodily injury. occupational sickness or disease, or death of CONTRAC- TOR's employees; I 5.3,3. Claims for damages because of bodily injury. sickness or disease, or death of any person other than CONTRACTOR's employees: I 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained la) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or (bl by any other person for any other reason: II I 5.3.5. Claims ior damages. other than to the Work ilself. because of injury 10 or destruction qf tangible prop- erty wherever located. inCluding loss of use resulting thereirom: I , II I 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property: and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. I The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the I limits of liability and coverages provided in the Supplemen- tary Conditions. or required by law. whichever is greater. The comprehensive general liability insurance shall include I completed operations insurance. All of the policies of insur- ance so required to be purchased and maintained (or the certificates or other evidence thereoO shall contain a provi- sion or endorsement that the coverage afforded will not be I cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail, All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or , replacing defeclive Work in accordance with paragraph 13.12, In addition. CONTRACTOR shall maintain such completed operations insurance for at least twO years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. ContnzeauU Liability Insruance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31, Owrur'S Li4bility Insul'tlllCe: 5.5, OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and. at OWNER's option. may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5,6, Unless otherwise provided in the Supplementary Conditions. OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations l. This insurance shall include the interests of OWNER. CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work. all of whom shall be listed as insureds or additional insured parties, shall insure against the perils oi fire and extended coverage and shaH include "a11 risk" insurance for physical loss and damage including theft, vandalism and malicious mischief. collapse and water damage, and such other perils as may be provided in the Supplementary Conditions. and shall include damages. losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for ,Payment, 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER AND ENGINEER's consultants in the Work, all of whom shall be listed as insured or additional insured panies. 12 I I I 5.8. All the policies of insurance lor the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days . prior written notice has been given to CONTRACTOR by certified mail and will, contain waiver provisions in accordance with paragraph 5.11.2. I I 5.9. OWNER shall not be responsible for purchasing and, maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR, Sub. contractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's own expense. I I I 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance pol- icy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. I I II I Waiver of Rights: 5.11.1. . OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGI- :'-lEER. ENGINEER's consultants and all other'parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER. CONTRACTOR, ENGINEER, ENGI- NEER's consultants and all other panies named as insureds. None of the above waivers shall extend to the rights that any of the insured panies may have to the proceeds l,)f insurance held by OWNER as trustee l,)r otherwise pay- able under any policy so issued. I 11 , I I 5.1 I.2. OWNER and, CONTRACTOR intend that any policies pro\'ided in response to paragraphs 5.6 and 5.7 shall protect alll,)f the panies insured and provide primary Cl,)verage for all losses and damages caused by the perils co\ered thereby. Accordingly. all such policies shall con- tain provisions to the effect that in the event l,)( payment l,)f any loss or damage the insurer will have nl,) rights ,11' reco\'ery a!,:ainst any l,)(the parties named as insureds ,lr aJditional insureds. and if the insurers require separ;lle waiver forms to be signed by ENGINEER l,)r ENGI- ~EER's cl1nsultant OW~ER will'lbtain the same. and if I I - - such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. Receipt and Application of Proceeds: 5.12, Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in, accordance with such agreement as the panies in interest may reach. If no other special agreement is reached the dama~ed Work shall be repaired or replaced. the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the panies in interest shall object in writing within fifteen days after the occurrence of loss to OWNF;R's exercise of this power. If such objection be made. OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the panies in interest may reach, If required in writing by any party in interest. OWNER as trustee shall. upon the occurrence of an insured loss, give bond for the proper per- formance of such duties. Acceptance of Insurance: , 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance req\:ired to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5,4 on the basis of its not complying with the Contract Documents, OWNER shall notify CON- TRACTOR in writing thereof within ten days of the date of delivery of such cenificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage alTorded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not. complying with the Contract Documents. CON- TRACTOR shall notify OWNER in writing thereof within ten days 0( the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the othe.r may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Paniai L'tiii:.otion-Propeny Insurance: ),15. If OWNER tinds it necessary 10 occupy or use a ponion l,)r portions of the Work prior to Substanlial Comple- tion of all the Work. such use or occupancy may be al:com- plished in accordance wilh paragraph 14.10: provided that no 13 I I I such use or occupancy shall commence before the insurers providing the propeny insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the propeny insur- ance shall consent 'by endorsement on the policy or poliCies. but, the propeny insurance shall not be cancelled or lapse on account of any such panial use or occupancy. I I ARTICLE o.-:.cONTRACTOR'S RESPONSIBILITIES I Supervision and SuperinuruUnce: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expenise as may be necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the' means, methods. techniques. sequences and procedures of construction. but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents, CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. I I I I 6.2, CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances, The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. I Ii I I 11 lAbor. .Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and per- form construction as required by'the Contract Documents, CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or propeny at the site or adjacent thereto. and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours. and CONTRACTOR will not permit ovenime work or the performance of Work on Sat- urday. Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. I' I I' I 6.4. Unless otherwise specified in the General Require- . mems. CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment. labor. transpoitation. construction equipment and machinery. tools, appliances. fuel. power, light, heat. telephone, water. sanitary facilities, temporary facilir'ies and all other facilities and incidentals necessary for the furnishing. performance. testing, stan-up and, completion of the Work, I I 6.5. AU materials and equipment shall be of good quality and new. except as otherwise provided in the Comract Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including repons of required tests) as to the' kind and quality of materials and equipment, All materials and equipment shall be applied. installed. con- nected. erected. used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will be effective to assign to ENGINEER. or any of ENGINEER's consultants, agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or author- ity to undenake responsibility contrary tO'the provisions of paragraph 9.15 or 9,16. Adjusting Prognss Scheduu: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9\ adjust- ments in the progress schedule to reflect the impact thereon of new developments: these win conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substiluzes or "Or-EqlUll" Items: 6,7,1, Whenever materials or equipment are specified or described in the Comract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type. function and quality required. Unless the name is followed by words indicating that no substitution is permitted. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements, Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof. cenifying that the proposed substitute will perform ade- quately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement, of Substantial Comple- tion on time. whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design'to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment oi any ilcense iee or 14 I I royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance. repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the'proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expe.nse additional data about the proposed substitute. I I I I 6.7.2. If a specific means, method. technique. sequence or procedure of construction is indicated in or required by [he Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. sequence. technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that orovided in paragraph 6.7, I as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. I I I 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability. and no substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in eva:uating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned therebv. \Vhether or not ENGINEER accepts a proposed substitute. coN- TRACTOR shall reimburse OWNER for Ihe charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. I I II I Ii Conceming Subcontracrors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ an~' Subcon- tractor, Supplier or other person or organization I including' those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.2). whether inilially or as a substi- tute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required [0 employ any Subcontractor. Supplier or other person l'r organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objectil'n. 6.8.2. If the Supplementary Conditions require the identity of certam Subcontractors. Suppliers or other per- sons or llrganizatil1ns f including rhose who are to furnish the principal items of materials and equipment 110 be sutl- mitted to OWNER in advance 0'1' the specified date pril)r 10 the Efkctive Dall: of the Agreement for acc.:ptance t'l\' I I I' I I OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance (either in writing or by, failing to make written objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR shall submit an acceptable substitute. the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiverofany right of OWNER or ENGI- NEER to reject defecril'e Work. .6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to payor to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.1 i. ,-\11 Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Patem Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in [he perfor- mance of the Workor the incorporation in the Work of any invention. design. process, product or device which is the sutlject of ratent rights or copyrights held hy lllhers. If a particular invention. design, process. product or device is specified in the Cllntract Documents for use in the pert'or- mance of the Work and iftlllhe actual knowledge of OWN ER 15 I I or ENGINEER its use is subject to patent rights or copyrights 1 calling for the payment of any license fee or royalty to others. the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and .ENGINEER and anyone I directly or indirectly employed by either of them from and against all claims, damages. losses and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to I the use in the perfonnance of the Work or resulting from the incorporation in the Work of any invention, design. process. product or device not specified in the Contract Documents, I and shall defend all such claims in connection with any alleged infringement of such rightS. 1 P~rmils: 6,13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- I struction permits and licenses, OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. I which are applicable at the time of opening of Bids. or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections to the Work. and OWNER shall pay all charges of I such utility owners for capital costs related thereto such as plant investment fees. I: U1WS and Regul.alions: , 6.14.1. CON~CTOR shall give all notices and Ill' comply with all Laws and Regulations applicable to fur- nishing and performance of the Work, Except where oth. I erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- I sible for monitoring CONT~ACTOR's compliance with any Laws or Regulations. 11 6.14,2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is.cont~ to such Laws or Regulations" and without. such notice to ENGINEER. CONTRACTOR shall bear all costs arising therefrom: however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. I I I Tcu:es: I 6.15. CONTRACTOR shall pay all sales. consumer. use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the I place of the Project which are applicable during the perfor- mance of the Work. Un of Pn"wn: 6.16. CONTRACTOR shall confine construction equip- ment. the storage of materials and equipment and theoper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights- of-way. permits and easements. and shall not unreasonably encumber the premises with construction equipment or other materials or equipment, CONTRACTOR shall assume full responsibility for any damage to any such land or area. or to the owner or occupant thereof or of any land or areas contig- uous thereto. resulting from the performance of the Work, Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work. CONTRACTORshallpromptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages. losses and expenses (including, but not limited to. fees of engineers. architects. attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action. legal or equi- table. brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances. construction equip- ment and machinery. and surplus materials. and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documellls: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Written Amendments, Change Orders, Work Directive Changes. Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during con- struction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon com- 16 - I pletion of the Work, these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER. I I Safery and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage, injury' or loss to: ,I I 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby: I 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site: and I 6.20.3. other property at the site or adjacent thereto. including trees. shrubs, lawns, walks. pavements. road- ways, structures, utilities and Underground Facilities not designated for removal. relocation or replacement in the course of construction. I 1 CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injur~': or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them. and shall cooperate with them in the pro- tection. removal. relocation and replacement of their prop- erty. A.II damage. injury or loss to any property referred to in paragraph 6.':::0.'::: or 6.20.3 caused. directly or indirectl\', in whole or in part. by CONTR.-\CTOR. any Subcontractor, Supplier or an~' other person or organization directly or indi- rectly employed by any of [hem [0 perform or furnish any of the Work or an~'one for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWN ER or ENG IN EER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable. dirc::ctly or indi- rectly. in whole or in part. to the fault or negligence of CO;-.;- TRA,CTORl. CONTRACTOR's duties and responsibilities for the safet\' and protection of the Work shall continue until such time as all the Work is completed and ENGI:-.IEER has issued a notice to OWNER and CONTRACTOR in acconj- ance with paragraph 14.13 that the Work is acceptable le,xcept as Olherwise expressly provided in connection withSubstan- tial Completion I, I I I Ii , I Ii I' I, I 0.: l. CONTRACTOR shall designate a respllnsible n:p- resenrJt\ve al the "ite whose uut\" "h:,dl be the rre\"en'tion ,If acciJents. This person shall tie CONTRACTOR's superin- tendent unlt:ss otherwise designated in writing by CO~- TR.-\CTOR to OWNER, I Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER. is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGI- NEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6.23, After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements. CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para- graph 2.9). or for other appropriate action if so indicated in the Supplementary Conditions. five copies lunless otherwise specified in the General Requirements} of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria. materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work. all samples required by the Contr:lct Doc- uments. All samples will have been checked bv and accom- panied by a specific written indication lhat CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material. S4Pplier. pertinent data such as catalog numbers and the use for which intended. 6.25.1, Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities. dimensions. specified performance cri- teria. installation requirements. materials. catalog. num- bers and similar data \\'ith respect thereto an~ reviewed or coordinated each Shop Drawing'or si1mple with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time llf each submission. CONTRAC- TOR shall give E:--JG IN E ER specific wrilten nOlice of each variation that [he Shop Drawings or samples ma~' have from the requirements of the CllOtract Documents. and, in additilln. shall cause ;1 sDecinc notution 10 he made un 17 I I I each Shop Drawing submitted to ENGINEER for review and approval of each such variation, I 6,26, ENGINEER will review and approve with reason- able promptness Shop Drawings and samples.' but ENGI- NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means. methods. techniques. sequences or procedures of construction (except where a specific means,' method, technique. sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto, The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER. and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. I I I I I 6,27, ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.15,1 and ENGINEER has given written approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval: nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.15.1. I I I I I 6.28. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGI- N EER' s review and approval of the 'pertinent submission will be the sole expense and responsibility o(CONTRACTOR, I I: I Ii Continuing th~ Work: 6,29. CONTRACTOR shall carry on the Work and adhere to [he progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise'agree in writing. I I I ndemnijKalion: 6.30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless, OWNER and ENGINEER and their consultants, agents and employees from and,against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers. architects, attorneys and other professionals and co un and arbitration costs) aris- ing out oi or resulting irom the performance of the Work, I I provided that any such claim. damage. loss or expense (a) is attributable to bodily injury, sickness. disease or death. or to injury to or destruction of tangible propeny (other than the Work itselO including the loss of use resulting therefrom and (b) is caused in whole or in pan by any negligent act or omission of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. regardless of whether or not it is caused in pan by a pany indemnified hereunder or arises by or is imposed, by Law and Regulations regardless of the negligence of any such pany. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultants. agents or employees, by any employee of CONTRACTOR. any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or tYpe of damages. compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts, 6,32. The obligations of CONTRACTOR under para- graph 6,30 shall not extend to the liability of ENGINEER. ENGINEER's consultants. agents or employees arising out of the preparation or approval of maps. drawings. opinions. repons. surveys, Change Orders. designs or specifications, ARTICLE 7-OTHER WORK Rtl4ltd Work at Sue: i .1. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces. have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to stamng any such other work: and, if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the panies are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Anicles 11 and 12, 7.1. CONTRACTOR shall afford each utility owner and other contractor who is a pany to such a direct contract (or OWNER. if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opponunity for the introduction and storage of materials and equipment and the execution of such work. and shall properly connect and coordinate the Work with theirs, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several pans come together properly and integrate with such other work. CON- 18 I I TRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities'of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisiol)s for the benefit of CONTRACTOR in said direct contracts between OWN ER and such utility owners and other contractors. 1 I I 7.3. If any part of CONTRACTOR's Work de"pends for proper execution or results upon the work of any such other contractor or utility owner (or OWNERl. CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays. defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. I I I Coordination: I 7.4. If OWN ER contracts with others for the perfor- mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. I I' I! ARTICLE 8-0WNER"S RESPONSIBILITIES I 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. Ij I I: 8.:. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta- tus under the Contract Documents shall be that of the fonner ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. Ii 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are, due as provided in paragraphs 14.4 and 14.13. I 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4,1 and4.4. Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of SUbSl111:1ce cl1nditions :II the site and in existing strllc- I I lures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth , in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in re,spect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8.. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 andl:U. Paragraph 15.~ deals with OWNER's right to terminate services of CON- TRACTOR under cert;1in circumstances. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Own~r's Representative: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in [he Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe [he progress and quality of the executed Work and to deter- mine. in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's dforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will confonn to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design, profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the perfonnance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent 10 represent OWNER at the site who is not ENGINEER's agent or employee. the duties. responsibilities and limitations of authority of such other person will be as provided in the Supplementarv Conditions, 19 I I I CUzrificlZlions and IIIU'7'reUJlUJns: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contr.lCt Documents, If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to. the . amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Anicle I I or Article 12. I I I A Ulhoriud VarilJrlons in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contr.lCt Price or an elCt~nsion of the Contract Time and the panies are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article II or 12. I I I I Rejecting Defective Work: 9.6, ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective. and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. I I' I I I II I I I' Shop Drawings, ClUlnge Orders and Payments: 9.7. In connection with ENGINEER's responsibilitv for Shop Drawings and samples. see paragraphs 6,23 thr~ugh 6.29.inclusive. 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Anicles la, I I and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc.. see Article 14. I Determinalions for Unit Pri&es: 9.10. ENGINEER will determine the actual quanuues and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR EN G IN EER' s preliminary determinations on such: matters before rendering a written decision thereon (by recommen- dation of an Application for Payment or otherwise). ENGI- NEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless. within ten days after the date of any such decision. either OWNER or CON- TRACTOR delivers to the other party to the Agreement and I I I to ENGINEER written notice of intention to appeal from such a decision. DecisiDns on DispllUs: 9,11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims. disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Anicles II and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time, Written notice of each such claim. dispute and other matter will be delivered by the claimant to ENGINEER and the other pany to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto. and written supponing data will be submitted to ENGINEER and the other pany within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim, 9,12, When functioning as interpreter and judge under paragraphs 9,10 and 9.11. ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9,11 with respect to any such claim. dispute or other matter lexcept any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other matter. LinUlIuions on ENGINEER's Responsibililies: 9.13, Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise [0 any duty or responsibility of ENGINEER to CONTRACTOR, any Sub- contractor, any Supplier. or any other person or organization performing any of the Work, or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms "as ordered", "as directed", .. as required". .. as allowed". "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or '.satisfac[ory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wisel. The use of any such term or adjective shall not be 20 I I effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance oithe Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. I I 9.15. ENGINEER will not be responsible for CON- TRACTOR's means. methods, techniques, sequences or pro- cedures of construction, or the safety precautions and pro- grams incident thereto, and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. I I 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization pert"orming or furnishing any of the Work. I I ARTICLE IO-CHANGES IN THE WORK I 10. I, Without invalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work: these will be authorized by a Written Amendment. a Change Order. or a Work Directive Change. Upon receipt of any such document. CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise. specifically provided). I I I I I Ii .i . .1 10.2. If OWNER and CONTRACTOR are unabl.e to agree as to the extent. if any. of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a resull of a Work Directive Change. a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect 10 any Work performed that is not required by the Contract Documents as amended. modified and supple- mented as provided in paragraphs 3.4 and 3.5. except in the case of an emergency as provided in paragraph 6.22 and eXl:ept in the case of uncovering Work as provided in para- graph 1~.9, 10.... OWNER and CONTRACTOR shallexel:ute appro- priate Change Orders lOr Written Amendments) covering: I 10.4.1. .:hanges in the Work which are ordered by OWN ER pursuant to paragraph 10. I . are required because 01 a.:ceptan.:e of Jeji!cti1'e Work under paragraph 13. L~ llr .:orrecting ci,:ti!cril'e Work under paragraph 13,14. or are agreed to b\' the parties: I 10....2. .:hanges in the Contract Price or Contract Time which are agreed to lw the parties: anll I 10.4.3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11: provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CON- TRACTOR shall carryon the Work and adhere to the prog- ress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of a!ly Bond to be given to a surety. the giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after ,such occurrence f unless ENGINEER allows an additional period of time [0 ascertain more accurate d'ata in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct. indirect and con- sequential) to which the claimant is entitled as a resull of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment i~ the Contract Price will be valid if nOl submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered bv unit prices contained in the Contract Documents. bv applica- tion of unit prict:s to the quantities of the ilems involved (subject to the provisions of paragraphs 11.9,1. through 11.9.3. inclusive!. 21 I I I 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2,1). I 11,3.3, On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and II,S) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7), I Cost of the Work: I 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be I in amounts no higher than those prevailing in the localitY of the Project. shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: I II .4. I. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work, Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taXes. workers' or workmen's compensation. health and retirement benefits. bonuses, sick leave. vacation andhol- iday pay applicable thereto, Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours. on Satur- day, Sunday or legal holidays. shall be included' in the above to the extent authorized by OWNER. I I I I I 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans- portation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER, All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. I I I 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who. will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee. the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost oi the Work. All subcontracts shall be subject I I I to the other provisions of the Contract Documents insofar as applicable. 11.4.4, Costs of special consultants (including but nOl limited to 'engineers. architects. testing laboratories. sur- veyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transporta- tion. travel and subsistence expenses of CONTRAC. TOR's employees incurred in discharge of duties con- nected with the Work, 11.4,5,2. Cost. including transportation and main- tenance. of all materials. supplies. equipment. machin- ery. appliances. office and temporary facilities at the site and hand tools nol owned by the workers. wllich are consumed in tile performance of the Work, and cost less market value of such items used but not consumed wllich remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental , agreements approved by OWNER with the advice of ENGINEER. and the costs of transportation. loading. unloading. installation, dismantling and removal thereof-all in accordance with. terms of said rental agreements, The rental of any such equipment. machin- ery or pans shall cease when the use thereof is no longer necessary for the Work, 11.4.5.4. Sales. consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable. and royalty payments and fees for permits and licenses. 11.4,5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses sllall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for tile purpose of determining CONTRAC- TOR's Fee. If. however. any such loss or damage 22 I 1 I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2, I 11.4.5.7. The cost of utilities. fuel and sanitary facilities at the site. ,I II A.5 .8. Minor expenses such as telegrams. long distance telephone calls, telephone service at the site. expressage and, similar petty cash items in connection with the Work. I' 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. I I 11.5. The term Cost of the Work shall not include any of the following: 11 11,5. I. Payroll costs and other compensation of CON . TRACTOR's officers. executives. principals (ot' partner- ship and sole proprietorshipsl. general managers, engi- neers. architects, estimators. attorneys. auditors. accoun- tants. purchasing and contracting agents. expeditors. timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph ,11.4. I or specifically covered by paragraph 11.4.4- all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. I I I 11.5.2. Expenses \,f CONTRACTOR's principal and branch offices other than CONTRACTOR's office at (he ~ite. Ii 11.5.3. .-\ny part ofCONTRACTOR's capital expense~. including interest on CONTRACTOR'S capital employed' for the Work and charges against CONTRACTOR for delinquent payments. I 11.5.4, Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sub- paragraph 11.4.5.9 above). I I 1/.5.5. Costs due to the negligence of CONTRAC- TOR. any Subcontr:K(or. or anyone directly or indirectly employed bv any of l:t.:m or for who~e acts any of them may bc liable, ;r..:/oidin!; but not limiteJ 10. the correction of c!t!f('( ;", '.' (Irk. Jispos,d \'[' mu[criah or equipment wronglv ~u."! ,: ""ak:r.!; good any damage to prop- erty. I I 11.5.6. Other o\'erhead or general expense costs of an~' kind and the costs of any item not specifically and noresslv induded in paragraph 11.4, I CONTRACTOR's Fee: 11.6. 'The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1 ~, a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred' under paragraphs 11.4.1 and 11.4.2. the CONTRACTOR's Fee shall be fifteen percent: 11.6.2.2. for costs incurred under paragraph 11,4.3. the CONTRACTOR's Fee shall be f.ve percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee. the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs II.4A. 11.4.5 and 11.5: 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's 'Fee by a~ amount equal to ten percent of the net decrease: and 11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11,6.2.1 through 11.6.2.4. inclusive. 11. i. Whenever the cost of any Work is to be determined pursuant to' paragraph 11,4 or 11.5. CONTRACTOR will submit in form acceptable 10 ENGINEER an i[emized cost breakdown together with supporting dala. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered (0 be done by such Subcontractors or Suppliers and for such sums within the limit of Ihe allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the .cost to CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv- ered at the site. and all applicable taxes: and ,II.lC, CONTRACTOR's wsts fur unloading and handling on the site. lahor, installation costs. overhead. profit and Other expenses contemplated for the allowances have heen included in lhe Contract Price and not in the 23 I I I allowances. No demand for additional paYment on account of any thereof will be valid. I Prior to final payment. an appropriate Change Order wiU be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR. on account of Work covered by allowances: and the Contract Price shall be correspond- ingly adjusted. I Unit Pme Worlc: 11.9,1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of U nit Price, Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10, Ii I' I I I 11.9,2. Each unit price will be deemed to include an amount considered by COz...1RACTOR to be adequate to cover CONTRACTOR' s overhead and profit for each sep- arately identified item, 1\ 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with ATticle II if the parties are unable [0 agree as [0 the amount of any such increase. II I , I II t I ARTICLE 12-CHANGE OF CONTRACT TIME 12,1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim, Notice of the extent of the claim with supporting data shall be deliv- ered within sixty days after such occurrence (unless' ENGI- NEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accom- parued by the claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time I I I I shall be determined by ENGINEER in accordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract TlII1e will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time willbc extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include. but not be limited to. aCts or neglect by OWNER or others performing additional work as contemplated by Article 7. or to fires, floods. labor disputes. epidemics'. abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement, The provisions of this Anicle 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects. anorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE I3-W ARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WCI7TCI1ll}' and GlUU'tUlUe: 13,1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work, whether or nor in place, may be rejected. corrected or accepted as provided in this Article 13. Accas to Work: 13,2. ENGINEER and ENGINEER's representatives. other representatives of OWNER. testing agencies and gov- ernmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation. inspecting and testing, CONTRACTOR shall provide proper and safe conditions for such access. rests and Inspections: 13,), CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections. tests or approvals. 13.4., If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected. tested or approved, CONTRACTOR shall , assume full responsibility therefor. pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also 24 I I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereof for incorporation in. the Work. The cost of all inspections. tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specifiedl. I I I 13.5. All inspections. tests or approvals other .than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specifiedl. I 1 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested bv ENGI- NEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 1 1 I 13.7. Neither observations by ENGINEER nor inspec- tions. tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. I I: .i Uncovering Work: I) ,8. If any Work is covered contrary 10 the written request of E~GINEER. it must. if requested by E;-.IGI:-<EER. be unco\'ered for ENG IN EER's observation and reolaced at CONTRACTOR's expense, ' 1 13,9. If E:'oJGINEER conSiders it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER's request. shall uncover. expose or otherwise make available for observation. inspection ~r testing as ENGI~ EER may require. that ponion of the Work in question. furnishing all necessary labor. material and equipment. If it is found that such \Vork is dt/,feeth'/', CONTRACTOR shall bear all direct. indirect and .:onsequential costs of such uncovering. expo- sure, observation. inspection and testing and of ~atisfactory reconstruction. (including but not limited to fees and charges of engineers. architects. attorneys and other professionalsl. and OWN ER ~hall be entitled to an appropriate de.:rease in the Contract Price. and. if the parties are unable tl) agree as to the amountt hereof. Olav make a claim therefor ;IS provided in ,-\rticle: II, If. hl)\\ c:\ c:r. such \Vurk is not fl'und to t-e de,tl-l'r/n', C<Y\TR.-\CT()R shall be alloweu an tn.:rease in the C,'ntract Pri<'_ .: ,..i c\;~nsil)n of the Contra.:t Time. l'r both. directl\' .\tliwutablc tv such uncovering. exposure. observation. inspection. testing and reconstructillO: and, if the parties are unable: to agree as to the amount l)r extent I I I I I thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. Owner May Stop the Work: 13.10. If the Work is defectil'e. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR to stop the Work. or any portion thereof. until the cause for such order has been eliminated: however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly. as directed, either correct all defectil'e Work, whether or not fabricated. installed or completed. or. if the Work has been rejected by ENGINEER. remove it from the site and replace it with nondefectj)'e Work. CONTRACTOR shaH bear all direct. indirec! and consequential costs of such correction or removal (including but not limited to fees and charges of engineers. architects. attorneys and other profes- sionals) made necessary thereby. One Year Co"ection Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre. scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defectil'e. CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions. either correct such defect/\'e Work. or. if it has been rejected by OWNER. remove it from the site and replace it with nondefecr;)'e Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defectil'e Work cor- rected or the rejected Work removed and replaced. and all direct: indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers. architects, attorneys and other professionals) will be paid by CONTRACTOR, In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that item may sIan to run from an earlier date if so provided in the Specilications or by Written Amendment. ..h'ceptance of Defective Work: 13,13. If. instead of requiring correction or removal and replacement of "dect;\'(' Work. OWNER land. prior to ENGIN EER's recommend.llion ot' tinal p,lymenl. also ENGINEER) prefers 10 accept it. OWNER maydo so. CON- TRACTOR ,hall hear all direct. indirect and consequential ~5 --I I costs attributable to OWNER's evaluation of and determi- nation to accept such defectiv~ Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers. architects. attor- neys and other professionals), If any such acceptance occurs I prior to ENGINEER's recommendation of final payment..a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work: and OWNER shaH be entitled to an appropriate decrease in the Conlnlct Price. and. if the panies are unable to agree as ' to the amount thereof, OWNER may make a claim therefor as provided in Anicle 11, If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER, I I I I OWNER May Correct Defecti'H Work: I 13,14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Conlnlct Documents, or if CON. TRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days'writ- ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously, To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or pan of the site, take possession of all or pan of the Work, and suspend CON- TRACTOR's services related thereto, take possession of CONTRACTOR's tools. appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's represen- tatives'. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph, All direct. indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER. and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price" and. if the panies are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such' direct, indirect and consequen- tial costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and , replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. I I II II I I II I I I' I I I ARTICLE I~PA YMENTS TO CONTRACTOR AND COMPLETION SCMduU of Values: 14,1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Pay- ment acceptable to ENGINEER, Progress payments on account of Unit Price Work will be based on the number of units complet,ed, Appliaui.on for P1T1gnss Paymelll: 14.2, At least twenty days before each progress payment is scheduled (but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date ofthe Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that O~ER has received . the materials and equipment free and clear of all liens, charges. , security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate propeny insurance and other arrangements to protect OWNER's interest therein. all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty ofTiJh: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not. will pass to OWNER no later than the time of payment free and clear of all Liens, Rel1iew of ApplU:tzlions for Progn:r:r Paymelll: 14.4, ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation. the amount rec- ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR, . 14.5, ENGINEER's recommendation of any payment requested in an Application for Payment will consiitute a 26 I I representation by ENGINEER to OWNER. based on ENGI- NEER's on-site observations of the Work in progress as an experienced and qualified design prolessional and on ENGI- N EER' s review of the Application for Payment and the accompanying data and schedules that the Work has pro- gressed to the point indicated: that. to the best of ENGI- NEER's knowledge, information and belief. the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion. to the results of any ,subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10. and to any other qualifi- cations stated in the recommendation): and that CONTRAC- TOR is entitled to payment of the amount recommended. However. by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus- tive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other maners or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 1 I I I I I I 14,6. ENGINE).::R's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. I I, 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment. or. because of subsequently discovered evidence or the results of subsequent inspections or tests. nullify any such payment previously recommended. to such extent as may be necessary in ENGINEER's opinion [0 protect OWNER from loss because: I' I I! I Ii ! I' 14.7.1. the Work is defecri1'e. or completed Work has been damage~ requiring correction or replacement. 14.7.2. the Contract Price has been reduced bv Wri[- ten Amendment or Change Order. . 14,7.3, OWNER has been required to correct de,ft'C- rh'e Work or comple[e Work in accordance with paragraph 13.14. or I 14.7A. of ENGINEER's actual knowledge of the occurrence,of any of the events enumerated in paragraphs 15,~, 1 throughI5,~.9 inclusive. I .y I OWNER may rduse to make payment of the full amount recommended by ENGIN EER because claims have been made against O\VNER on accollnt ofCONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection with the Work or [here are other items entitling I OWNER to a set-off against the amount recommended. but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. SubstDntiDJ Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACfOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall. make an inspection-of the Work to deter- mine the status of completion. If EN GIN EER does not con- sider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objec- tions. ENGINEER concludes that the Work is not substan- tially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. after consideration of OWNER's objections. ENGINEER considers the Work substantially complete. ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. Atthe time of delivery of the tentative certificate of Substar:,tial Completion ENGI- NEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety. maintenance, heat, utilities. insurance and warranties, Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion. ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right to exClude CON- TRACTOR from the Work after the d'ate of Substantial Com- pletion, but OWNER shall allow CONTRACTOR reasonat>le access to complete or correct items on the tentative list. Partial Uliii:alion: 14.10. Use by OWNER of any finished part of the Work. which has specifically be!:n identified in the Contract Do.:u- 27 I I I ments. or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's performance of the'remainder of the Work. may be accomplished prior to Substantial Completion of all the Work subject to the follow- Ing: I I 14.10.1. OWNER at any time may request CON. TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for- its intended use and substantially complete, If CON- TRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine its Siams of completion, If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor, If ENGINEER considers that part of the Work to be substantially complete. the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. I I I I I I: II .1 14.10.1. OWNER may at any time request CON- TRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and. within a reasonable time there- after OWNER. CONTRACTOR and ENGINEER shall make an inspection of that pan of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does nOI object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation. safety. maintenance. utilities, insur- ance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEER). During such operation and prior to Substantial Completion of such pan of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. I 1 I I I I 14.10,3, No Occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5,15 in respect of propeny insurance, FinDllnspcction: 14,) I. Upon written notice fromCONTRACTORthat the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all paniculars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. FinDlApp~n~rP~mem: 14.12, After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instrUctions. schedules. guaran- tees. Bonds. certificates of inspection. marked-up record documents (as provided in paragraph 6,19) and other docu- ments--all as required by the Contract Documents. and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14,16). CONTRACTOR may make application for final payment following the pro- cedure for progress payments, The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish receipts or releases in full: an affidavit ,of CON- TRACTOR that the releases and receipts include all labor, services, materilil and equipment for which a Lien could be filed. and that all payrolls. material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any' way be respon- sible, have been paid or otherwise satisfied: and consent of the surety, if any, to final payment, If any Subcontractor or Supplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. Fi1Uli P~ment and AccepUUlce: 14.13. If. on the basis of ENGINEER's observation of the Work during constrUction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation-all as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGI- NEER will. within ten days after receipt of the final Appli- cation for Payment. indicate in writing ENGINEER's rec- ommendation of payment and present the Application to o.WNER for payment. Thereupon ENGINEER will give wrinen notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. 28 I I Otherwise. ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment., in which case CO?:lTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty. days after presentation to OWNER of the Application and accompanying documentation, in appropri- ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGIN EER will become due and will be paid by OWNER to CONTRACTOR, 1 I I I 14.14. If. through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall, upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER, and without terminating the Agree. ment, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment. and if Bonds have been furnished as required in para- graph 5. I. the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGIN EER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment. except that it shall not constitute a waiver of claims. I I I I Ii Contractor's Continuing Obligation: 14. IS. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER. nor the issuance of a cer- tificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor an\' use or occupancy of [he Work or any part thereat by OWNER. nor any act of acceptance by OWNER nor any failure to do so. nor any review and approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13. nor any correction of Jefectil'e Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents lexcept as provided in paragraph 14.161. I I I I I Wai~'er of Claims: 1~,16, The making and acceptance or' tinal pa\ment will constllute: I 1~,16.1. a waiver of all claims D\' OWNER against CO:"JTRACTOR, except claims arising from unsettled Liens. from "(~,,.ctin' Work .Ippeanng after tinal inspec- ti\'n pursuant 10 paragraph I~,II or from failure h' compl\' \\ ith tht: Cont~al.:t DllCUmenlS ur the terms of any special guarantees specified therein: however. it will OlH consti- lUte a waiver hy OWN ER of an\' rights in respect \,1' I I CONTRACTOR's continuing obligations und~r the Con- tract Documents: and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writ- ing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINA TION Owner May Suspend Work: 15.1. OWNER may. at any time an~ without cause, sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. Owner May TermilUlle: 15.2. Upon the occurrence of anyone or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency: 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing. or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency,: 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors: 15.2A. if a trustee. receiver. custodian or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's I:reditors: 15.2.5. if CONTRACTOR admits in writing an inabil- ity to pay its debts generally as they becume due; 15.2.6. if CONTRACTOR persistently fails to perform the Work 10 aCl.:ordance with the Contract Documents ~9 I I I (including. but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as ~evised from time to time): I; I .] I Ii . 15,2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body 'having jurisdiction: 15,2.8. if CONTRACTOR disregards the authority of ENGINEER: or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments: I OWNER may. after giving CONTRACTOR (and the, surety. if there be one) seven days' written Iiotice and to the extent permitted by Laws and Regulations. terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools. appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished, If the unpaid baJan,ce of the Contract Price exceeds the direct. indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects. attor- neys and other professionals and coun and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order. but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. II I I: i I! ! I .1 I! I; I 11 I I I I Ii 15,3. Where CONTRACTOR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue, Any retention or payment of ,moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability, 15.4, Upon seven days' written notice to CONTRAC- TOR and ENGINEER. OWNER may. without cause and without prejudice to any other right or remedy. elect to aban. don the Work and terminate the Agreement. In such case. CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. which will include. but riot be limited to. direct. indirect and con- sequential costs (including. but not limited fo. fees and charges of engineers. architects, attorneys and other professionals and coun and arbitration costs). ConlnlCtDr May Stop Work or Termi1ulu: 15.5, If. through no act or fault of CONTRACTOR. the Work is 'iu.spended for a period of more than ninety days by OWNER or under an order of coun or other public authority. or ENGINEER fails to act on any Application for Payment within thiny days after it is submitted. or OWNER fails for thiny days to pay CONTRACTOR any sum finally deter- mined to be due. then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER. terminate the 'Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses, In addition and in lieu of terminating the Agreement. if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay. ment as aforesaid. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes , and disagreements with OWNER. . [The remainder of this page was left blank intentionally.] I I 30 I I 1 I I Ii I I I I I I I: I I I 1\ I, I I ARTICLE l6--ARBITRATION 16.1 All claims, disputes and other matters in question between OWNER and qONTRACTOR arising out of, or relating to, the Contract Docu- ments or the breach thereof shall be decided under Georgia Law' in the Superior Court of Richmond County, Georgia. (The remainder of this page was left blank intentionally.) 3l I I I I Ii I: I I I I II II I: II I I I I I (This page was left blank intentionally.) 32 ,I 1 I I 1 I I I 1 I I: I II I , I. 1 I I I 1 I ARTICLE I7-MISCELLANEOUS Giving NotKe: 17.1. Whenever any provIsIon of the Contract Docu- ments requires the giving of written notice. it will be deemed to have been validly given if delivered in pel'$on to the indi- vidual or to a member of the firm or to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or cenified mail. postage prepaid. to the last business address known to the giver of the notice, ' ConipUllUion of Time: 17.2,1. When an y period of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period, If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computa- tion, 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or propeny because of any error. omis- sion or act of the other pany or of any of the other pany' s employees or agents or others for whose acts the other pany is legally liable, claim will be made in writing to the other pany within a reasonable time of the first observance of such injury or damage, The provisions of this paragraph 17.3 shall ,nol,be construed,as a substitu~e for or a waiver of the pro- visions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the panies hereto. and. in panicular but without limitation. the warranties. guarantees and obligations imposed upon CONTRACTOR by paragraphs 6,30, 13.1. 13.12.13.14, 14,3 and 15,2 and all of the rights and remedies available to OWNER and ENGINEER thereunder. are in addition to. and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents. and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each panicular duty, obliga- tion. right and remedy to which they apply. All representa- tions, warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement, 33 I I I 1 I I I' 1 I I: I~ I I 1 1 I I 1 I SUPPLEMENTARY CONDITIONS 1.1 OWNER'S LIABILITY & PROPERTY INSURANCE: section 5.~, 5.6, 5.7, 5.8, 5.9, 5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by Augusta~Richmond County for this, project. Current insurance coverages will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY: As indicated under Section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than $500,000 on acco~nt of one accident, and Contractor's Property Damage Insurance in an amount not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the type' and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.3 SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work wi~hin the right-of-ways of the Augusta-Richmond County Road System. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and,private structures contiguous to the job site. SC-l I I 1 I ,I I I' I I I 1.4 TESTING LABORATORY: All testing and laboratory work in connection therewith shall be performed by an independent firm and paid for by the Contractor. Copies of all test reports shall be forwarded to Augusta-Richmond County Public Works. There will be no separate payment for this work. 1.5 SURVEYS: The Contractor will provide surveying for construction staking, horizontal control and vertical control as necessary. 1.6 PROGRESS PAYMENT: section 14.2 of the General Conditions shall be amended as follows: The contractor may submit monthly estimate for work completed and materials properly stored as approved by the Engineer. When an estimate includes materials stored, a bill of sale, invoice or other documentation warranting that the Owner is receiving the material free and clear of all liens, charges, security interest and other encumbrances shall be attached to the payment request. 1.7 ENGINEER: Ii All references to "Engineer" shall be interpreted to mean the Augusta-Richmond County Engineer, or his official designee. I Ii I I! I 1 I I I 1.8 UNDERGROUND UTILITIES: (References 4.3, 1.4, 3.2) The Contractor shall coordinate with all utility companies through the "one call" method or other appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the Contractor's work. 1.9 SAFETY: (Reference -6.20) The Contractor shall use certified flagmen, barricades and signs as necessary to notify the public, in particular those persons driving in the vicinity of the project, of the construction and its affect on traffic. SC-2 I: II .., :'1 \ ;1 . .; , ..' .: 111 .I.'.i ., rl~ " , -- f , IJ~ , .. ,I. ',,, SECTION P PROPOSAL Date: v4-~uJ ILl I 1991:> Gentlemen: ~ In compliance with your invitation for bids dated , , 19~G, the undersigned hereby proposes to furnish all labor, equipment', and materials, and to perform all work for the installation of streets, and appurtenances referred to herein as: :.::.s Rae's Creek Channel Improvements, section II Project Number: 55-8384-324 in strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached hereto and totaling: ALTERNATE "A" (Gabion Walls) (1')Lt nu tflOvL Jrvlli ~ Q ,'()IJ ltLL:x.d/w.~ -h.J o.,.J-t-t ,(Uu.2-...'" dO llo.. '\.-0 [; r..w ~~J ""iU-'''-'<- CL,j/.) '-:Jf I.- , . DOL.LAR~($ I i,3C,1 ~ ~~'l. ~0 ). d ~~ .)..l.JL \Yl~r\J.!..d ,~~~~ ~ inf -- d Con' ete The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receip~ of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within 10. calendar days after the date of written notice to proceed, and that he will complete the work within 325 calendar days. The undersigned acknowledges receipt of the following adgenda: J~ddL~r\(\ .::B::\ _~ \ Add 9-/\LC'~ '~~ Respectfully Submitted (hCl nus tons -h-u-C-h On CD. ~ C (Name of Firm) q/ft, rYl [1 11 u Po (lei f&i Auj u.s+(~ I G A (Busi SSI dress) , By: I Tit: P-1 ,~ ~ ~ .tI II .aI. .... , j . j: ~ " I.' iii !!!!!! . J.I II: ~l I.:, - ..... -I 1_, ~: .I .~, ~ I I ;!III .. I I - To remain progressive in this computer oriented age Richmond County is making the blank spreadsheet of bid items and quantlties available via diskette. It is necessary to have a Lotus based spreadsheet program with the WYSIWYG application to access this tool. In order to obtain a co~y, proof of ~urchase of the bid ~ackage must be provided and elther a 3.5 lnch or 5.25 inch dlskette supplied. The spreadsheet will then be copied onto YOUR diskette at no additional charge by Cheryl Nelson in the Finance Department, Room 211 of the Municipal Building. A hard copy of all bid document pages must be turned in for bid as before along with proper bonding. The diskette- is NOT a substitute for the bid quote and is NOT to be turned in for the bid guot;. P-2 I I I RAE'S CREEK CHANNEL IMPROVEMENTS, SECTION II ALTERNATE "A" - GABION WALLS PROJECT NUMBER: 55-8384-324 DETAILED ESTIMATE I 6(18.'96 0:2:45 P:-'f UNIT I ITEM NO. DESCRIPTION UNIT QTY PRICE AMOUNT SUBURBAN SERVICE DISTRICT PORTION CONST,MAfNT AND REMOVAL BALED 163-2051 I 166-x.x.xA STRA W EROSION CHECK LNFT 1,500 2,25 3,375,00 RESTORA TION OF POND #1 (DESlL TfNG I 166-xxx-B LAKE ALlMOND) ESTIMATED: 8,550 CY LUMP 1 38,475,00 38,475,00 RESTORATION OF POND #2 (DESIL TING HIERS POND) ESTIMATED:3,200 CY LUMP 1 11,200,00 11,200,00 1170-2000 STAKED SILT RETENTION BARRlER LN FT 1,000 2,50 2,500,00 1 7 1-00 I 0 TEMPORARY SILT FENCE, TYPE A LN FT 8,000 1.50 12,000,00 I ~04-000 1 CHANNEL EXCA V A TION (30,075CU YD ESTIMATED) LUMP 1 135,350,00 135,350,00 I ~07-0203 FOUND BKFILL MA TL, TP II CUYD 50 13,50 675,00 (2'08-0100 IN PLACE EMBANKMENT(7,l77 CU YD i I 1 ESTIMA TED) LUMP 1 35,885,00 35,885,00 12:~ LUMP SUM CONSTRUCTION LUMP 1 280,378,79 280,378,79 '-,0-1000 303-0108 TPSL,SD-CL,OR CHERT BASE CRS,CL A, I , 8IN SQYD 350 12,75 4,462.50 i ; a.,i .... AGGR SURF CRS TON 4,050 10.75 43,537.50 -,:18--,000 I I 1402-0116* RECYCLED AS PH CONC H,GP 1 OR 2,INCL j BITUM MA TL & H LIME TON 500 43,00 21,500,00 I 402-0113 RECYCLED ASPH CONC E,GP 1 OR 2, INCL BlTUM MA TL & H LIME TON 70 43,00 3,010.00 402-1802* RECYCLED ASPH CONC PATCHING, TNCL I BlTUM MA TL & H LIME TON 75 43,00 3,225,00 402-1812* RECYCLED ASPH GONC LEVELING, INCL I ~13-1 000* BlTUM MA TL & H LIME TON 150 43,00 6,450,00 BITUM TACK COAT GAL 750 1.50 1,125,00 I 433-1100 REINF CONC APPROACH SLAB, INCL q CURB SQYD 175 100,00 17,500,00 441-6012 CONC CURB & GUITER, 6 IN x 24 IN, TP 2 LNFT 300 8,25 2,475,00 I I P-3 I I I I RAE'S CREEK CHANNEL IMPROVEMENTS, SECTION II ALTERNATE" A" - GABION WALLS PROJECT NUMBER: 55-8384-324 DETAILED ESTIMATE I-t 6/18;96 02:45 P\I UNIT ITEM NO, DESCRIPTION UNIT QTY PRICE AMOUNT I ~00-3800 CLASS A CONCRETE INCL REINF STEEL CUYD 170 425,00 72,250,00 540-1101 REMOV AL OF EXISTING BRJDGE LUMP I 15,000,00 15,000,00 ; 143-9000 CONSTRUCTION OF BRJDGE COMPLETE - BRIDGE NO, 1 LUMP 1 90,000.00 90,000,00 550-1150 ,STORM DRAIN PIPE, 15 IN, H 1-10 LN IT 5 25,94 129,70 150-1240 STORM DRAIN PIPE, 24 IN, H 1-10 LNFT 305 37,99 11,586,95 I 03-2018 STN DUMPED RJP-RAP, TP 1,18 IN SQYD 7,100 21. 75 154,425,00 603-2036 STN DUMPED RJP-RAP, TP 1,36 IN SQ '\1) 300 22,75 6,825.00 (03-2997 FIL TER BLANKET, 6 IN SQYD 7,400 7,25 53,650.00 03-9xxxA GABION WALLS,TYPE A,INCL FILTER - F ABRJC CUYD 850 81.80 69,530,00 103-9xxxB GABION WALLS,TYPE B,INCL FILTER FABRJC CUYD 550 80.44 44,242,00 103-9XXXC GABION WALLS,TYPE C,INCL FILTER FABRIC CUYD 160 ' 71.72 11,475,20 i,0-0300 REM FENCE, ALL TYPES LNFT 650 2,50 1,625,00 ! 1-4002 RECONSTRUCT MISC DRAIN OUTLET . , STRUCTURE (LAKE AUMOND OUTLET ; STRUCTURE) LUNfP I 2,200,00 2,200,00 Ii 1-4890 RESET FENCE, ALL T'{PES LNFT 560 4,75 2,660,00 641-11 00 GUARDRAIL, TYPE T LNFT 85 53,00 4,505.00 ~}-1200 GUARDRAIL, TYPE W LN FT ISO 15,37 2,305.50 1-5001 GUARDRAIL ANCHORAGE, TP I EACH 2 699,60 1,399,20 641-5011 GUARDRAIL ANCHORAGE, TP II ' EACH 2 1,272.00 2,544,00 1t3-l152 CH LK FENCE, ZC COAT, 6 FT, 9 GA LN FT 1,600 7.50 12,000.00 043-8010 GATE, CHAIN LINK, ZC COAT (6 FT lo-sooo X 12 FD 9 GA EACH 2 530,00 1,060,00 GRASSING COMPL~TE (8,5 ACRES ESTIMA TED) LUMP 1 20,000,00 20,000,00 I I I I P-4 , ;,jc ,~ Dupllce'e ~j A.I.A ier", AJ!I 'eo, 1570 EO;lIon c:_, WASHINGTON I).. TIRS.-\ nO~AL l"SL'R.-\. 'l"E Ct)~IT',-\."" PERFORMANCE BOND KNOW All MEN BY THESE PRESENTS: Thet MABUS CONSTRUCTION CO., INC., 916 Molly Pond Road, AUg1,!sta. Geo~gia 30901 I Here ;n.ert ~ull ne",. ~nd addre.. Dr I.gel ",Ie of ConlleClor) as Pri:1Cipal. hereinafter called CO:1trac:or, ann HASHINGTON INTE&~ATIONALINSURA.L~CE COMPA.L~Y . (Hero 'Mert 1~1I neme und addre.. or legel IIlle 01 Surely) . 1930 Thoreau Dr., Schaumburq, IL 6017~ as Surety, hereinefter colled Surety, ere held and firmly bour-d unto IAUGUSTA-RICHMONC O~ COMMISSION. -COUNCIL, , Augusta, Georgia (Here Inser! lull n~::le ana address ~r ItI'c;oJ IIl1e 01 Owner) UN.t; LVllLLlUN 'l'H.Kl:ili HUNDRlill NINETY-SEVEN THOUSAIDEf~Jfbligee, hereinafte~c~lled O\ln3r9~n kh2t29unt of ,IIUNDRED 'I%Dffi' SEVEl~ J.ND 29/100 __ _______________________ oars ($' ,. ). I for the payment ......hereof Contr::ctor end Surety bi:1d themselves, their heirs, executors. admir.:strators, successors and , assigns. jointly and severally, firmly by these presents, WHEREAS. Contractor has by written agreement dated entered into a contract with Owner for Rae I s Creek Channel Improvements, Section II, Project Number: 55-8384-324 in accordance with drawings ailc specificct:ons prepared by AUGUSTA-RICHMOND COUNTY PUBLIC V>X)RKS DEPT. . (He~e lnsert 1\.:.1;' nc~e .and address or le~=l title of Arcb,ect) which ccntract is b';' reference made a part hereof. and is hereinaiier referred to as the Contrcct.' NOW, THEREFORE, THE CO~IDITICN CF' THIS OBLIGATION is such thet. if Cont:cctor sholl pro~ptly C:1::! lailhl~ly periorn said CO:1::ec:, then this obEc;;:::ion she:: be :1di e:1d "0:::: otherwise it shall rer::::ln in fuil force end eileet. The Surely hereby :,veives nOlice o! en y alter;::tion, or extension of time r::.e::e by lhe Owner. Whenever Con!rec:::: shall be, a:-:= decl=ed bv Owner to be in dele....!! un::e: the Contrect, Ihe Owner hev!ng peri:::::\ec. Owner's 0::lig::1io:-.s Ihere'..!nder, Ihe S'~relY ney ;:r'Jmptly remedy th.. defeult, or sr.::!, ;:romptly I) C::.nplate :~.e Cor-.::::c: ::1 e::c:::d::nce wilh its ler::\s end conditi'J:1s, or 2) O::.ta:n e b;d or bids 10: cora;:leting Ihe Contrec: I:: accord::mce WIth its te:ms er-.d condlt!o::s, end upon determincrti:::1 by Surety .:>f Ihe lowest responsible i:"d'::N, or. if the Owner elects, ....pon jeterr.lination by the Owner end the Surely joi:llly of the lowest respO:l- slole ojd.:~r, ere:lge for c contract between such bi::::!e: e:ld Owner. c::1= r::::'xe crveileble as Work. j:lrogresses (even though there shvui::! oe e .::.ele-.:it 0: a succession ell de!eults under the CO:1trect or conlr::c:s of com;::letio:l c:-:e:lgeo u::der this p<::rcc;rc;:h) suEieier:! lunes to pcy Ihe cost oi co:n;:letion less the bdc::1ce cf the contrect price: '::'..1: not exceedi:'1g. including other costs and d=::ges lor whIch the Su:ely :7lay be liable hereunder, the anOU:'1t set forth in the lirst ';:c.:ac;:eph hereo!. The tern "belanee oj the con!rcct j:lrice," os used in this pcragr::p)" shell ::1ee:'1 the total c,::'lount pey61e by Owner to Contractor under the Cor-.t:cct and C:'1y =endments thereto. less the C::1ount pro;:erly pe:o. by Owner to Contractor. Any suit ....:-.der this bond nust be instituted belere the expiration of two (2) yea:s from the dC1e on which linal pcrymer,t under the Contrect fe:ls due. , No'right of eclion sheil accrue on this bond 1<> or for Ihe use of eny person or co.poration other then the Owner named herein or the heirs. executors,' administ:C1ors or successors 01 Owner. Signed and sealed this day of '. ~ ' , ~i)\[)~ ,(Wllnes.) , _D-~lQ (6, ~( I \NI1:'\f'SS~ : . sc r, 0 [) :2 () ~ ::: e '.' . 1 / 8 ~ ...... ::--.. .: .' ; - -; ':/'r ...". -' ..........' 0 A;P,:-19.",~. ~_ : ;,....; -roo.. - "~ ~(- = .: ... -. M' '""'"".... -' - .. ,...'-r .......... . ...' '(Seal),"-" .... :--'" .J>.,,-~......' ___......_,r,.,-....- MABUS CONSTRUCTION CO. INC. {(Principal) By WASHINGTON INTERNATIONAL {B~m~;;:" J e ,oy I , ' -,.' ~':..~r~..._" /.......... /::.:_ INSURAN'd; CO~fP A.J.~y \ /; .~ ,.~:: ",.& ~c (S~e-d1 :~.. ~ ~~ : ~ r~..l' <~ ; ~ ~ :_ ,>F_,~.. ~,-"'" ~ ::- "/' ~ - .. r......... f!:.: --...... :: \~ ":/~:~i:>,~"- .:;.:- _~ ..: '-,' ;. Attorney.-i:l,tc::: ,_.' .... 'r _.. .~. '~.."'..'\.... ~ {,: .. Bond Number LABOR & MATERIAL..PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE .' OWNER CONDITIONED ON THE FULL, AND FAITHFUL PERFORMANCE OF THE CONTRACT :NOW ALL MEN BY THESE PRESENTS: :hat MABUS CONSTRUCTION CO., INC., 916',Mol1y Pond Road, Augusta, Georqia 30901 as, Principal, hereinafter called Principal, "-Ild W'ASHINGTON INTERNATIONAL INSURANCE COMPANY, 1930 Thoreau Drive, Suite 101, 3chaumburg, Illinois as Surety, hereinafter called Surety, are :eld, anp;, ,f,in,niy-bound unto AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL, ," ,..'~:_ ~___'.V ,", "~..,~. -\ugusta, Georqia.. ". as Obligee, :~re~~~~te~~allep~owner, for, ~he use and benefit of claimants hereinbelow defined, in the ,".;iount:. ofO~,~MILLION THREE . HUNDRED NINETY-SEVEN THOUSAND EIGI-IT HUNDRED TWENTY-SEVEN AND ~ -\ ~~. '-., . 291J06~~~--~__~-~---------------------------~-------------- Dollars ($ 1,397,827.29 ) ,for :he'-r,"payment, whereof Principal and Surety bind themselves, their heirs, executors, ::.dmini'str-C3.,to-r~, _ ,successors and assigns, jointly and severally, firmly be. these presents. ',offiEREAS:'_ priI;icipal has by written agreement dated entered into a ,/.r/' :;. "..:. ,\ Rae I s Creek Charmel Improverrents, Sect'on II I proJ'ect Number.. =oni~s:t~wi~tn;:.Ownet:.for ... ~ : o?~ .-- 55':83.8:4-324~ ~ 5" r.. . ~, -- ~ r- _'~- ,n ae:cS~r.aanc:e wi"t:h drawings and specifications prepared by AUGUSTA-RICHMOND COUNTY PUBLIC ( ~. ~ . :VORKS DEPARTMENT which contract is by reference made a part hereof ~~d is ~ereinafter refe=red to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably reauired for use in the perfonnance of the Contract, then this obligation shall be void; ot.herwise is shall remain in full force and effect, subj ect, however, to the following =6nditions: I . 1)1 A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract; labor and material being construed 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 Principal 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 full 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 judgment 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. 3) No suit of action shall be commenc~d hereunder by any claimant: . a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, 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 being made, stating with substantial accuracy 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 Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or serviced 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 Principal 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 Dis,trict Court for the district in which the proj ect, 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 for the amount of such'lien be presented under and against this bond. Signed and sealed this day of A.D" 19 ~cfl{>>W , ,(Witness) ~ (3. Cct<2y. (Witness) . .......... ....:-- " " ...(Sea,l) . ~~.,' -.;:,:-~ INTERNATIONAL INSURANcE"'COM.PANY (Surety) (Seal) ~-me~ B . e McCoy '. - :..;:.; ~ , ~ ,:. - AUo~ey:- ~- F?-9!:: PMT 600200 B f' .;.' r.. WASHINGTON INTERNA T10NAL INSURANCE COMPANY , PO WER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having its principal ~ffice in the Village of Schaumburg, Illinois does hereby constitute and appoint DERELLE E. BIGBY, DELLA B. CASE, WESLEY V. DASHER, JR., FRANK W. HAFNER, JR., A. T. JOHNSON ROBERT J. LA VISKY, JANE MCCOY AN/) CAROL YN D. OWENS EACH iN THEIR SEPARA TE CAPACITY its true and lawful attorney(sHn-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument{s} in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This P6w'er of Attorney shall be limited in amount to $2,500,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in pa,rt, as follows: ". The Chairman of the Board, President, Vice President, ,Assistant Secretary, Treasurer and Secretary may designate A ttorneys-in- Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. ~\\\\I""!llr!1 IN TESTIMONY WHERE~\'~M'1~yhj?~{.c~ International Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its a~Qtt~~~'affi~~,'W?/,16th day of July, 1996. ' ~ ~~.... ~.'.~~;i; ...~.. , ff If.... r.P'??C.1..:!r....'.'.:;"fI ON I ERNATIONAL INSURANCE COMPANY ~ ~ f S 1;~; t ~ ; ~ ~ - en . n\ ,'.., l:' _ . '- ~ ~.... ~4'6 ~ .: L~. ~?-' ... ... ~. .:;,.,. ~ .......') } ~ ... ..' "t--' ~ 51' ATE OF ILLINOIS} ~""II,~,RizON; ,\,\"......,...... COUNTY OF COOK) "(II/IIUIII\\' On this 16th day of July, 1996, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and _authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said comyany; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed m ~~~......""""",."...,..,..~ ,,1 .-;.".~..,.,~ 7-"':';;;'-x..~~~""'I"': ' ~~ "OFFICI,\L 51:: ~ "..' M'CH:::L' E . '0" ~fYI helle ,< I ~ L r-: v';cfi$11f{bb ~~ Notary Public, State C:f iiiinois m ~ ~....lv1y C::,m~SSion Expi:es 09/07/99 ~~. STATE OF ILLINOIS) ~~...,..~~~~ COUNTY OF COOK) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Sign,d ,nd "",d in th, County of Conk. :t...:-?)if ~'.'9 ._. , Lewis M. Moeller, Secretary . 1999 " , ~ .,./.. CERTIFICATE ,.... ',,- -- ':"::"~ -,.:--:; ~ ..; ~ " ", I I I RAE'S CREEK CHANNEL IlVIPROVEMENTS, SECTION II ALTERNATE "A" - GAB ION WALLS PROJECT NUMBER: 55-8384-324 'DETAILED ESTIMATE ft 6; I 8:96 02:45 P\[ UNIT I DESCRIPTION UNIT QTY PRICE AMOUNT :ITEM NO, I f02-0030 ACER RUBRUM (RED MAPLE) 2" - 2 1/2" CAL EACH 6 200,00 1,200,00 1[02-0138 CELTIS LAEVIGA T A (SUGARBERRY) 2" - 2 1/2" CAL EACH 6 200,00 ] ,200.00 702-0279 FRfuXlNUS PENNSYL V ANICA (GREEN 102-0575 ASH) 2" :;'2 1/2" CAL EACH 6 200,00 1,20000 LIRlODERNRUM TULIPIFERA (YELLOW 1 POPULAR) 2" - 2 1/2" CAL EACH 6 200.00 1,20000 [02-0895 QUERCUS NIGRA (WATER OAK) 2" - 2-112" CAL EACH 6 200.00 1,20000 102-08XX PRUNUS SERA TINA (BLACK CHERRY) 2" - 2-112" CAL EACH 6 200.00 1,200,00 I SUB-TOTAL SUBURBAN SERVICE DISTRICT PORTION: 1,209,736.34 (00-3101 URBAN SERVICE DISTRICT PORTION CLASS A CONCRETE (S EWER LINE ENCASEMENT) CUYD 20 120,00 2,400.00 I 10-0318 SAN SEWER PIPE, 18 IN, PVC LNFT 60 45,57 2,734.20 ~0-0330 SAN SEWER PIPE, 30 IN, PVC LN FT 840 76,78 64,495,20 660-0348 SAN SEWER PIPE, 48 IN, PYC LNFT 250 ]38,50 34,625,00 mt0808 SAN SEWER PIPE, 8 IN, DUCTILE IRON LNFT 365 32,38 11,81870 0-0818 SAN SEWER PIPE, 18 TN, DUCTILE IRON LNFT 105 56,51 5,933,55 10-0830 SAN SEWER PIPE, 30 IN, DUCTILE IRON LNFT' 130 89,18 11,593.40 0-0848 SAN SEWER PIPE, 48 IN, DUCTILE IRON LNFT 150 148,27 22,240,50 68-3300 SAN SEWER MANHOLE, TP I EACH 10 1,538.80 15,388,00 18-3311 SAN SEWER MANHOLE, TP T, ADDL DEPTH, CL I LNFT ] I 154,80 1,702,80 I I I I P-5 I I I RAE'S CREE.K ClLL\NNEL IlVIPROVEMENTS, SECTION II AL TERNA TE "A" - GABION WALLS PROJECT NUMBER: 55-8384-324 DETAILED ESTIMA TE 6118 '96 02 4~ P'.l I : UNIT ITEM NO. DESCRIPTION UNIT' QTY PRICE AMOUNT I SUBURBAN SERVICE DISTRICT PORTION I ~68-3312 SAN SEWER MANHOLE, TP I, ADDL DEPTI-I CL 2 LNFT 8 154.80 1,238.40 I t?-68-3400 SAN SEWER MANHOLE, TP 2 EACH 4 2,992.80 11,971.20 p68-3411 SAN SEWER MANHOLE, TP 2, ADDL DEPTH II CLI -:;. LNFT 6 325.00 1,950,00 II SUB-TOTAL URBAN SERVICE DISTRICT PORTION: 188,090.95 I~ ~. I I, II I I I: TOTAL CONTRACT PRICE: 1,397,827.29 j " NOTE: All bids must include both Alternate "A" ami Altc:mate "S" '" NOTE: Haul Rood Restoration. Any road or street to ~ used as a haul route MUST have prior approval of the Engineer. I: I I' I I I ~~~ (5 TR.{CT ," P-6 I I I RAE'S CREEK CHANNEL IMPROVElVIENTS, SECTION II AL TERNA TE "B" - REINFORCED CONCRETE WALLS PROJECT NUMBER: 55-8384-324 DETAILED ESTIl\'L<\ TE DESCRIPTION UNIT QTY SUBURBAN SERVICE DISTRICT PORTION ST,MAINT AND REMOVAL BALED ST W EROSION CHECK REST ' TION OF POND #1 (DESIL TING LAKE A aND) ESTIMATED:8,550 CY . RESTO RAT OF POND #2 (DESILTING HIERS POND) MATED:3,200,CY STAKED SILT RE TION BARRIER TEMPORARY SILT F E, TYPE A CHAl'-rNEL EXCA v A TIO ,075 CU YO ESTIMATED} FOUND BKFILL MA TL, TP II IN PLACE EMBANKMENT(7, 177 C ESTIMA TED) LUMP SU1\tl CONSTRUCTION TPSL,SD-CL,OR CHERT BASE CR 8IN AGGR SURF CRS RECYCLED ASPH CONC /.' ~ P 1 OR 2,INCL BlTUM MA TL & H LI RECYCLED ASPH " C E,GP 1 OR 2, INCL BITUM M ,7, & H LIME RECYCLED H CONe PATCHING,INCL BlTUM M & H LIME I RECye ASPH CONC LEvlELING, INCL BIT ,1ATL & H-LIME I ' B v. TACK COAT ,iNF CONC APPROACH SLAB, INCL ~ . ~ 'I CURB /' CONC CURB & GUTIER, 6 fN' x 24 IN, TP 2 6i18/96 02:45 P\l LN FT LUMP TON TON TON GAL SQ 'I'D LNFT I I I P-7 1,500 350 4,050 150 750 175 300 UNIT PRICE AMOUNT 1 50 38,475,00 11,200.00 11,200,00 2,50 2,500,00 1.50 12,000.00 135,3 5000 135,350,00 13.50 675,00 35,885,00 35,885.00 280;378.79 280,378,79 12,75 4,462,50 10,75 43,537,50 43,00 21,500,00 43.00 3,010,00 3,225,00 6,450,00 1,125,00 17,500,00 2,475,00 I I I ~50-1150 50-1240 03-2018 03-2036 03-2997 610-0300 11-4002 11-4890 ,4 1-11 00 ,41-1200 IlI-SOOl 641-5011 I I I RAE'S CREEK CHANNEL IMPROVEMENTS, SECTION II AL TERNA TE "B" - REINFORCED CONCRETE WALLS PROJECT NUMBER: 55-8384-324 DETAILED ESTIMATE 20,000,00 '~ 20,000,00 200.00 '" 1,200,00 6il8;96 02:45 P~( DESCRIPT~ON CLASS A COl RETE, RETAINING WALL, CHANNEL WAL (AL TERt'\iA TE) INCL FILTER FABRIC CLASS A CONCRET CL REINF STEEL REMOVAL OF EXISTIN RIDGE CONSTRUCTION OF BRID BRIDGE NO, 1 STORM DRAIN PIPE, 15 IN, H 1-1 STORM DRAIN PIPE, 24 IN, H 1-10 , STN DUMPED RIP-RAP, TP 1,18 IN STN DUMPED RIP-R.A.P, TP 1, 36 IN FILTER BLANKET, 6 IN REM FENCE, ALL TYPES .: RECONSTRUCT MISC DRAIN OUT. ,1 ~ STRUCTURE (LAKE AUI\10ND ," LET STRUCTURE) '17- RESET FENCE, ALL TYPES (I GUARDRAIL, TYPE T GU.ARDRAIL, TYPE W ~ GUARDRAIL Ai'\JCHO / GE, TP I GUARDRAIL At~C t GE, tp II CH LK FENCE, Z ~ ' OAT, 6 Fif, 9 GA GATE, CHAIN ," K, ZC COAT (6 FT X 12 FT) 9 G GRASSIN ,/OMPLETE (8.5 ACRES ESTIMA i) ~CERr BRUM (RED MAPLE) 2" ~ 2 1/2" C ~/IS LAEVlGATA (SUGARBERRY) l2 1/2" CAL ,'I UNIT QTY 550,00 425,00 15,000,00 1 5 90,000,00 15,94 37,99 21. 75 22,75 7,25 2,50 305 7,100 300 7,400 650 LUMP LNFT LN FT LNFT EACH EACH LNFT 2,200.00 4,75 53,00 15,37 699,60 "'),272,00 7,50 EACH 2 LlJIYIP EACH 6 EACH 6 200,00 1,200,00 P-8 AMOUNT 302,500.00 72,250,00 15,000,00 90,000,00 129,70 11,58695 154,425,00 6,825,00 53,650,00 1,625,00 2,200,00 2,660,00 4,505.00 2,305.50 1,399,20 2,544,00 12,000,00 1,060,00 DESCRIPTION 02-0279 FRAXIN PENNSYL VANICA (GREEN ASH) 2" - 2 " C AI. LIRIODERNR TULIPIFERA (YELLOW POPULAR) 2" - 2 " CAL QUERCUS NIGRA ER OAK) 2" - 2-1/2" CAL PRUNUSSERATINA(BLA 2" - 2-1/2" CAL I I I 60-0318 6.60-0330 :60-0348 60-0808 60-0818 ~0-0830 660-0848 68-3300 68-3311 I I I I R~E'S CREE'K CHANNEL IMPROVEMENTS, SECTION II AL TERNA TE "B" - REINFORCED CONCRETE WALLS PROJECT NUMBER: 55-8384-324 DETAILED ESTIMATE 6; 18/96 0::45 P:Vl UNIT QTY AMOUNT EACH 6 1,200,00 EACH 200,00 1,200,00 200.00 1,200,00 6 200,00 1,200,00 SUB-TOTAL SUBURBAN SERVICt~ ' 1,386,989,14 URBAN SERVICE D CLASS A CONCRETE (SEWER LINE ENCASEMENT) SAN SEWER PIPE, 18 IN, PVC SAN SEWER PIPE, 30 IN, PVC SAN SE'W'ER PIPE, 48 IN, PVC SAN SEWER PIPE, 8 IN, DUC, IRON SAN SEWER PIPE, 18 IN, D ILE IRON . SAN SEWER PIPE, 30 IN :< CTILE IRON SAN SEWER PIPE, 48 ? DUCTILE IRON SAN SE\VER M,.:\N ,LE, TP I SAN SE\VER M. '(/ zOLE, TP [, ADDL DEPTH, CL 1 SAN SEWE CL 2 SAN S ER MANHOLE, TP 2 SA WER MANHOLE, TP 2, ADDL DEPTH 20 .120,00 2,400,00 60 ' 45,57 2,734,20 840 76,78 64,495.20 250 138,50 34,625,00 365 32,38 11,818.70 56.51 5,933.55 89,18 11,593.40 148,27 22,240.50 1,538,80 15,388,00 LNFT 11 1,702.80 LNFT 8 15', 80 1,238.40 EACH 4 2,992,8". 11,971.20 LNFT 6 325,00 ., 1,950,00 P-9 I I I TOTAL CONTRACT PRICE: RAE'S CREEK CHANNEL Il\rIPROVEl\rIENTS, SECTION II AL TERNA TE "B" - REINFORCED CONCRETE WALLS PROJECT NUMBER: 55-8384-324 DETAILED ESTIMATE 6/18/96 02:45 P~1 , ITEM NO. UNIT AMOUNT RYlCE DISTRICT PORTION: 188,090.95 1,575,080.09 I I I I I II I I: I: I, I I I I I NOTE: All bids must i.nclude both Alternate .. · NOTE: Haul Road Restoration, An\' road or et to bt: used as a haul ro prior' appr , ~- the Engineer. P-10 I I I I I I I I I I I I I I I I Ii .1 I: I , I I ~:NERAL NOTES RAE'S CREEK CHANNEL IMPROVEMENTS, SECTION II ADJUSTING MINOR STRUCTURES TO GRADE: This item consists ofraisirig or lowering the upper portion of existing manholes, water valve boxes, gas valve boxes or any other miscellaneous structures within the area of construction. There will be no separate payment for this work unless shown as a separate pay item. ADJUSTING MINOR STRUCTURES TO GRADE: This item consists of raising or lowering the upper portion of existing manholes, water valve boxes, gas valve boxes or any other miscellaneous structures within the - area of construction. Adjusting spall not be done until the top finished layer of asphalt is cured as determined by the Engineer. AGGREGATE SURFACE COURSE: Toe item aggregate surface course is for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, Section 318, Georgia Standard Specifications, is modified to permit truck dumping . on unprepared and muddy subgrade. section 318 is further modified to permit the use of crusher run stone as described 'in Subsection 806.02. The Contractor will have the choice of the following materials. Graded Aggregate Coarse Aggregate Size 467 stabilizer Aggregate Type 1 or 2 Crushed Stone Subsection 815.01 Subsection 800.01 section 803 Subsection 806.02 All materials to be used as directed by the Engineer. AS-BUILT PLANS: The Contractor shall furnish a legible set of "as-built" plans, in good condition, to the Project Inspector no later than the date of the Final Inspection. Such plans shall have all significant changes marked in red. The Project Inspector shall review the marked plans for accuracy, legibility and completeness. As-built plans, approved by the Project Inspector, must have the Inspector's signature on the cover sheet. No "as-built" plans will be accepted without the approval of the Project Inspector. G-1 I I m I .1 I I 1 I I I I I I I I 1 I I I I: I I. I I CASINGS: All steel casings being installed across any roadway and/or right-of-way shall have the joints continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when welds are ready for inspection. Welded casings backfilled without the Engineer's approval shall be uncovered for inspection at ,the Engineer's request. COMPACTION: All compaction shall be as defined in the current edition of Ge9rgia Department of Transportation Specifications. Special attention shall be given to the backfill or minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using approved tamps and soil layers of approximately 6 inches (loose measure) and in accordance with Georgia Department of Transportation Standards 1030-0 and 1401. Backfilling operations of this nature shall not begin until the Contractor has on hand all equipment in good working condition, and competent operators. CONCRETE: The Contractor shall have a slump cone on the project at all times when concrete is being placed. He shall, in the 'Engineer's presence, perform slump tests as directed by the Engineer. Tests shall be performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 lbs. cement per cubic yard. Class "B" concrete shall have a minimum of 470 lbs. cement per cubic yard. Concrete not meeting these requirements will be rejected by the Engineer. CONSTRUCTION: The Contractor shall provide borrow and/or waste pits for this proj ect. All pits acquired for use on this proj ect shall be reclaimed in accordance with Subsection 107.23 and section 160 of the Standard Specifications. All storm drain pipe, side drain pipe, pipe culvert wingwalls, steps, retaining walls, curbs and gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as a removal pay item will be removed as Clearing and Grubbing, Grading Complete, Grading Per Mile or Lump Sum Construction. CONSTRUCTION LAYOUT: Construction layout work shall be performed by the Contractor. See section 149 of the Standard Specifications. The survey for this proj ect. was made by Cranston. Robertson. & Whitehurst (706-722-1588). G-2 I I I I I I I I I I I I I I I, I' I I I, I I DESIGN ALTERATIONS: The County recognizes that various changes in design may be made as the project progresses. Any requests for additional payment will be processed based on actual work in place and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced separately and no work . shall be done on these items until approved, in writing, by the Engineer. DRIVEWAYS: The item aggregate surface course is for use as surface for unpaved drives and for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress, and egress at drives. When ~sed for this purpose, Section 318, Georgia Standard Specifications is modif ied to permi t truck dumping on unprepared and muddy subgrade. section 318 is further modified to permit the use of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the following materials: Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type 1 or 2 Crushed Stone Subsection 815.01 Subsection 800.01 section 803 Subsection 806.02 All materials to be used as directed by the Engineer. All driveways that are to be reconstructed shall be replaced in kind i.e., asphalt for asphalt, concrete for concrete, and aggregate surface courses for earth. The driveway locations indicated on the plans are from the best available data. The Contractor shall obtain the approval of the Engineer prior to making any revisions such as to location, width, and/or number of drives to be constructed where required. The drives shall be paved as follows: Asphalt Drives Residential: 1 1/2" Asphaltic Concrete "E" 3" Asphaltic Concrete Base commercial: 1 1/2" Asphaltic Concrete "E" 2" Asphaltic Concrete "B" 3" Asphaltic Concrete Base Concrete Drives Residential: 6" Valley Gutter commercial: 8" valley Gutter Earth Drives 2" Aggregate Surface Course (Spread on the surface and not mixed in.) Ingress and egress shall be maintained at all times to adjacent properties, unless otherwise noted in the plans. G-3 I I I I I I I I I I I I; i I: I II I II I I, I I EROSION AND SEDIMENT CONTROL: The Contractor shall be responsible for all soil erosion and sediment control practices. All on-site erosion control shall comply with local County erosion and sediment control ordinances. The cost of this work shall be included'in the cost of the project unless shown as a separate pay item. EXCESS MATERIAL: All excess material is to be disposed of as directed by the Engineer, or as noted in Subsection 107.23 of the Specifications. FENCE: - All new fence called for on the plans and/or contract documents shall meet the requirements of section 643 of the Georgia Department of Transportation Standard Specifications, current edition. New fence not meeting these Specs will be rejected. In contracts where remove and reset fence items are invol ved (either as pay items or as Lump Sum Construction) all replacement fence shall be equal to or better than the, existing fence as approved by the Engineer. This means equal to or better than the original fence at the time of it's installation. In accordance with Subsection 643.030 the Contractor must furnish positive locking devices, padlocks and keys with all gate assemblies. FINISHING AND DRESSING: All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre- existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. FLAGGING: Flaggers shall be provided as required to handle traffic, as specified in the Plans or Spec~al Provisions, and as required by the Engineer. All flaggers shall meet the requirement of part 6F of the MUTCD and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provide certified flaggers as required above shall be reason. for the Engineer suspending work involving the f lagger (s) until the Contractor provides the certified flagger(s). Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket, and shall use a Stop/Slow paddle meeting the requirements of section 6F-2 of the MUTCD for controlling traffic. The Stop/Slow paddle shall G-4 I I I I I I I I I I I: have a shaft length of six (6) feet minimum. the flag as an additional 'device to attract night work, the vest shall have reflectorized and back. In addition to attention. For stripes on front Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTCD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the presence of the flagger shall be placed beyond the point where traff ic can reasonably be expected to stop under the most severe conditions for that day's work. FOUNDATION BACKFILL MATERIAL, TYPE I: Foundation Backfill Material Type I shall conform to Georgia Standard 1030-0 and section 207 of the Standard specifications. No separate payment will be made for this material or its placement. FOUNDATION BACKFILL MATERIAL, TYPE II: Foundation Backfill Material, Type II shall conform to Georgia standard 1030-0 and section 207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the Engineer. It shall also be used beneath all storm Drain Pipe with an inside diameter of 36 inches or greater and beneath all concrete box culverts. Quantities shall be measured for payment in accordance with Georgia Standard 1030- C or as directed by the Engineer. Payment shall be per cubic yard unless otherwise specified in the contract. GRADING: I I: i In contracts where grading, including excavation for drainage structures, is accomplished under section 210 (Grading Complete or Grading Per Mile) or section 230 (Lump Sum Construction) the Lump Sum amount bid will include all work necessary to obtain the line, grade and compaction in accordance with the Specifications and other contract documents. There will be no separate payment for any work of this nature including borrow and the removal of unsuitable and/or unstable material. However, the Contractor shall make whatever investigations he deems necessary to determine the extent of any borrow or removal necessary to meet contract requirements. If it develops that removal of unsuitable/unstable materials quantities could not have been predicted by the Contractor from a reasonably thorough investigation of project conditions, the Contractor may request negotiation for payment for excavation of this nature in areas where the depth exceeds three (3) feet below subgrade. The Owner will consider negotiation only when this type of removal is excessi ve and the Contractor provides evidence that he thoroughly investigated project conditions prior to entering his bid. Only those quantities in excess of three (3) feet ,below finished subgrade and/or normal excavation for drainage structures, ordered by the Engineer, will be considered for payment. I; I I: I' I, I I G-5 I I .1 I I I I I I I I I I I I I I I I I I I I I I" I I GRASSING AND EROSION CONTROL: The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to determine the actual area to be grassed. No claims will be considered for extra compensation if the Contractor relies on plan information to prepare his bid. All slope areas are to be grassed unless shown otherwise on plans. Temporary grass is required if permanent grass season is out. The Contractor shall be responsible for all soil erosion and sediment control practices including Temporary Grassing, Temporary Mulch and other temporary measures. All on-site erosion control shall comply with local County_ erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre- existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. Discontinued roads or other areas inside or outside the project construction. limits, but within the existing or required right-of-way, shall be obliterated and restored as nearly as possible to the original contour of the ground (See Section 205 of the Standard Specifications}. No separate payment will be made for this work. . Where item number 700-6001 is shown as a pay item Georgia Department of Transportation Specifications are modified to provide that the lump sum price bid shall be full payment for all fertilizer, lime and nitrogen. No separate measurement for payment will be made for any work or materials required to accomplish a stan~ of permanent grass. INFESTATION: The entire project is considered to be within the limits of an insect infested area. The Contractor's attention is called to the following sections of the Standard Specifications: (A) 155 Insect Control (B) 893 Miscellaneous Planting Materials. INSPECTION: This project will be inspected by the Engineer or his Representative. LANDSCAPING: All the requirements of Section 702 of the Georgia Department of Transportation Specifications, current edition, are applicable to this project except as follows: The~e will be G-6 I I I I I I I I I I I; no separate pay for staking, including Perimeter Staking and for Spring Application of Fertilizer ~ All costs shall be included in prices bid for Landscape Items. Bag grown plants are not acceptable. MISCELLANEOUS DRAINAGE STRUCTURES: All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc. whether standard or special design shall be paid for Per Each. There will be no separate payment for additional depth unless specifically shown as a, pay item. NOTE: All Catch Basins, Drop Inlets, Manholes, exposed Junction Boxes, etc. with concrete topslabs shall include manhole rings and covers. PATCHING AND REPAIR OF MINOR DEFECTS: Where necessary, the Contractor is required to patch and repair existing potholes, minor pavement defects and base failures in accordance with the Specifications. PAYMENT FOR PIPE CULVERT INSTALLATION: 1. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 140l. 2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete (See Georgia Standard 9031-L) . 3. Payment for pipe culvert includes any required concrete collars (See Georgia Standard 9031-U). Ii I Ii PIPE CULVERTS: Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete. All required pipe culverts shall be in accordance with Standard 1030-D. I I I I, I' I Foundation Backfill Material Type I shall conform to Georgia Standard 1030-0 and section 207 of the Standard Specifications. No separate pay item will be made for this material or its placement. The Contractor shall include in his price bid for pipe, the additional cost of bends, tees, fasteners, appropriate gaskets (see section 848 of the Standard Specifications), and structure excavation. PIPE CULVERTS: Unless otherwise noted, all cross drain, longitudinal and stub pipe are to be reinforced concrete. G-7 I I I I I I , .1 I I I I I I I I 1 I I I I I I I I' I I All required pipe culverts shall be in accordance with standard 1030-0. Foundation Backfill Material Type I shall conform to Georgia standard 1030-D. No separate pay item will be made for this material or its placement. Payment -for pipe culvert or utility installation includes sawing and/ or cutting and removing existing pavement and replacing the pavement as specified in accordance with standard 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete and for constructing concrete collars. The Contractor shall include in his price bid for pipe, the addi tional cost of bends, tees, fasteners, appropriate gaskets (see section 848 of the Standard Specifications), and structure excavation. PRECAST CONCRETE UNITS: Precast Concrete Units, other than those specifically allowed by Georgia Department of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc shall not be installed without written permission from the Engineer. Any such units installed without such written permission shall be removed from the project. REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD: It shall be the Contractor's responsibility to remove and reset any and all existing ornamental shrubs and bushes and sod in conflict with proposed construction. Coordination with the property owners is essential in this endeavor. The Contractor will not be held responsible for care and maintenance after removing and resetting these plants and sod except in cases where the Contractor's equipment causes irreparable damage or where plants and\or sod dies as the result of negligence on the Contractor's part. In which cases, the Contractor will be held responsible for replacement. Sod' shall be reset with ground preparation in accordance with Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall remove the sod in a manner that will be conducive to insuring that the, reset sod will live. At the Contractor's option he may replace any sod he removes with new sod of the same type. No separate payment will be made for this work or replacements unless specifically shown as a pay item. REMOVING AND RESETTING OF OBSTRUCTIONS: It shall be the Contractor's responsibility to remove and reset any and all obstructions such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns, etc. which are in conflict with construction and are responsible for the security of pets and/or personal property through the use of temporary fence if necessary. No separate G-8 I I I I I I I I I I i I I I I II .1 , II I I I payment will be made for this work except when shown as a separate pay item: RIGHT-OF-WAY AND EASEMENTS: The Contractor shall not perform any work outside the limits of the right-of~way or easements. In addition, no equipment or material shall be placed outside these areas without written permission of both the property owner and the Engineer. In the event that the ,Contractor elects to utilize private property for any purpose connected with the project such as, but not limited to, staging areas~ equipment and/or material storage or simply as a convenience, he shall submit a writtenU agreement to the Engineer containing vital information such as limits of both area and time the property is to be utilized and a description of the intended use. The agreement must be signed by both the property owner and the Contractor and will be reviewed and recorded by the Engineer. Such agreements must be submitted prior to the Contractor's use of the property. SALVAGEABLE MATERIALS: As directed by the Engineer or his Representative, all salvageable materials, such as drainage pipe, which require removing but are not to be used on this project, are to be cleaned and stored within the right-of-way by the Contractor. These materials shall be picked up and transported by Richmond County forces. The Contractor is responsible and shall make restitution to Richmond County for materials damaged through his negligence. SPECIFICATIONS: This project is based upon, and shall be constructed in accordance with, the State of Georgia Department of Transportation Standard Specifications for Construction of Roads and 'Bridges, current Edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the Engineer shall control the situation. SPECIFICATIONS, STANDARDS AND OTHER,DATA: All references in this document, which includes all papers, writings, documents, drawings, or photographs used, or to be used in connection with this document, to State Highway of Georgia, State Highway Department, Highway Department, or Department 'when the context thereof means the Georgia Department of Transportation mean, and shall be deemed to mean, Augusta-Richmond County, Augusta-Richmond County Commission-Council Department of Engineering Services. G-9 I, I I I I I I I I I I The date, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, are not guaranteed, and do not bind Richmond County, Georgia in any way. Only the actual quanti ties completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract~ This project is, based on and shall be constructed in accordance with the State of Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, current Edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the Engineer shall control the situation. This project shall be constructed in accordance with current Georgia Department of Transportation Roadway Standards. SUBCONTRACTORS: I II i. The Contractor shall furnish the official name of all firms he proposes to use as Subcontractors in the work. This information should be furnished at the Preconstruct ion Conference. However, no work shall be done on this project by a Subcontractor until the Contractor receive written approval of his Subcontractor(s) from the Engineer. The Engineer shall notify the Contractor, in writing within 10 calendar days whether or not approval of the Subcontractor(s) is granted. TESTING OF THE WORK: I I I' I I The Contractor shall employ' a qualified materials testing laboratory to monitor more fully the quality of materials and work and to perform such tests as may be required under the contract documents as conditions for acceptance of materials and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL: THE QUALITY OF THE WORK. Concrete compressive strength project (see Section 500 of Transportation Specifications). where necessary. tests are required on this the Georgia Department of Other tests may be required All test results are to be submitted to the Engineer. No separate payment, will be made for employing the testing laboratory or any required tests. G-10 I I I I Ii 1\ I I' I I TRAFFIC CONTROL: The Contractor shall provide construction signs in accordance with requirements of "Manual on Uniform Traffic "Control Devices for streets and Highways", current edition with added supplements and special provisions. The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard Specifications regarding barricades, danger, warning, and detour signs. All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction of this project shall'meet all requirements of the M.U.T.C.D., current edition, as directed by the Engineer and furnished by the Contractor with payment in accordance with section 150. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic on the travelway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the manual on Uniform Traffic Control Devices, current edition and Georgia standard 9102. UTILITIES: I; II f II The Contractor's attention is directed to the probability of encountering private utility installations, consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas underground telephone cables, etc. that either are obstructions to the prosecution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work., Public utili tie!? of this nature will be handled by the utility owner. THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED ,BEFORE WORK BEGINS: II 1 Georgia Power Company Post Office Box 488 Augusta, Georgia 30904 Telephone (706)724-0892, Georgia Natural Gas Company Post Office Box 1426 Augusta, Georgia 30913 Telephone (706)722-7791 I I I I I Southern Bell Telephone 440 Walker Street Augusta, Georgia 30901 Telephone (706)828-8500 Jones Intercable, Inc. 1424 Monte Sano Avenue Augusta, Georgia 30904 Telephone (706)736-6515 City of Augusta Water & Sewer 530 Greene Street Augusta, Georgia 30901 Telephone (706)821-1706 Mr. Max HiCks, General Superintendent City of Augusta, Water Works 2822 Central Avenue Augusta, Georgia 30909 G-11 I I I I I I: I 1 , I' I I I' I: I; I: I I I I I UTILITIES: All utility facilities which are in conflict with construction, not covered as specific items in the detailed estimate, are to be removed and relocated to clear construction by the respective owners, unless added later to the contract as a supplemental item. All "above ground" utility structures will be located as near as possible to the right-of-way line. The Contractor will not be paid for expense caused by utility facilities, other items not being removed or construction in advance of his work. any delays or extra obstructions or any relocated to clear All known utility facilities are shown schematically on highway plans, and not necessarily accurate in location as to plan or elevation. Utility facilities such as service lines or unknown facilities not sho~"on the plans will not relieve the Contractor of his responsibility under this requirement except as noted below. "Existing Utility Facilities" means any utility facility that exists on the highway project in its original, relocated or newly installed position. other than service lines from street mains to the abutting property the Contractor will not be held responsible for the cost of repairs to damaged underground utility facilities when such facilities are not shown on the plans and their existence, is unknown to the Contractor prior to the damage occurring, providing the Engineer determines the Contractor has otherwise fully complied with the Specifications. The following utility owners have facilities which may conflict with construction of this project: NAME OF UTILITY OWNER TYPE OF FACILITY Georgia Power Company Georgia Natural Gas company City of Augusta Jones Cable T.V. Southern Bell Telephone Power Gas ,Sewer, Water Cable Telephone The Contractor shall use the one-call center telephone number 1-800-:-282-7411 for the purposes of coordinating the marking of underground utilities. The Contractor's attention is directed to the probability of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and underground telephone cables that either are obstructions to the prosecution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature will be handled by the utility owner. - . G-12 I I I I , I I UTILITY ACCOMMODATION POLICY: In so far as possible work shall be scheduled so that open excavations will not be left overnight. Where trenches, pits or other excavations are within the clear roadside areas and cannot be backfilled before leaving the job site, they shall be covered by timbers or metal plates and protected by reflectorized and/or lighted barricades as appropriate and as directed by the Engineer. Barricades sufficient to prevent a person from falling into an excavated or work area must be erected in areas where these conditions exist. I ~ I' 1 I I; Ii I, II I I; I G-13 I , I, I I I, I I. I I. I: i 11: I ,I! I, I:: i i I: Ii , I' I: I ~ . - - S~ptember 13, 1991 April 7, .April 5, 1993 First Usel May 28. 1993 First use 1993 DBP:ARDmHT OF TRANSPORTATIbN' Jul Y 1, 1993 State of Georgia. 1992 , SPECnL PROVISION )l)DIF!C!fiQll OF ~ 150.:- "!'RAFFle CONTROL 150.01 I>E5CRIPTION. Delete second sentence and substitute: Activities shall consist of furnishing, install1ng, maintaining, and removing necessary traffic signs, barricades, lights. signals, cones, pavement markings and other traffic control divices and shall include flagging and other means for guidance and protection of vehicular and ~estrian traffic through the Work Zone. 150.02 N. Add: N. All existiilg pedestrian walkaways shall be maintained. Whenever changes to the worksite necessitate changel to existing walkways, temporary walkways shall be provided ,and maintained, with appropriate signs as necessary, to allow safe passage of pedestrian traffic. 150.03 B. SIGNS: Retain as written and add: All construction warning signs shall bl removed within seven calendar days after time charges are stopped or pay items are complet~. Subsequent punch-list or other work to be performed shall be accomplis bed utilizing temporary construction warning signs that shall be removed daily. 150 .04 A. PAVEMENT M1UUaNGS: . Delete first sentence and substitute; Generally, full pattern pavement markings in accordance with Section 652 and in confomance with Section 3A and 3B, except 3B-3 and 3B-S, of the MU+'Ci> are required on all courses before the roadway is opened to traffic.. No passing tones shall be marked to confor.m to Section 150.04 E. ' rc-/ I f. I I t I I I: I I; , I~ I: I I Ij I I I': I' I 1 Ii I I I . .. .. . 150.04 D.l-b. NO PASSING .BARRIERS Delete first sentence and substitute: Full no...passing zone markings ~hall be marked daily and conform to Section 652 and in accordance with Sections 3A and 3B, except 3B-3 and 3B-5. of the MUTCD. No passing zon's'shall be marked to conform to Section lS0.04E." lSO.04.D.l.c. Delete AS written and add: C.. EDGELINES: (1) Bituminous Surface TreabDent Paving: Edgelines will not be required on intermediate surfaces (including asphaltic concrete leveling for bituminous surtace treatment paving) that are in use for a period of less than sixty (60) calendar days except at bridge approaches, on, lane transitions, lane shifts, and in such other areas as detennined by the Engineer. on the final surface edgelines must bt placed within thirty (30) calendar days of the time that the surface was placed. (2) All Other Types of Pavement: Edgelinet will not be required on intermediate surfaces that are in uSe for a period of less than thirty (30) calendar days except at bridge approaches, on lane transitions, lane shifts, and in such other areas as dete~ned by the Engineer. On the final surface edgelines must be placed within fourteen (14) calendar days of the time that the surface was placed. ' 150.04 E. Delete 'APPLICATION OF TRAFFIC STRIPES' in heading of Paragraph E. and add: APPLICATION. OF PAVEMENT MARKINGS Delete second paragraph and substitutt: Pavement markings shall re-establish fto-passing zones in the locations and configuration that. existed prior to construction. Existing no-passing tones shall be clearly identified as to location prior to construction by ,staking or erection of - DO NO'!' PASS - and. - PASSi WITH CARE- signs. On new location projects and on ptojects where eitber horizontal or vertical alignments have been modified. the location of no-passing zones will be identified by the Engineer. 150.05 - FIGURE lSO.B: Delete -Note- and substitute: 'Note: Vertical panels or striped d~ required for this location. spaced at 50 ft. intervals.' TC-Z I I I . i I ,I II ,I 'I ;. I: I j II I: I' I:: I , II I! .. T . !lev _ February 25, ~991 rirst use: May 24. 1991 0EPARlMENl' OF' ~OO . ' State of Georgia . ' . SOPP.I..EMENrAL SP~ICATI~ . sa-'f'I~ 150 - ~ aJt1'H:I, II II I' I I, I iiiii -1- rC-$ I I ,I 'I :1 , , J I , I I I I ! I , I I I I I I I , I I I I ! I. I I' I I' o6/i7/93 'i' 11: 37 t'll 4U4' 1):),1 oa'lU .&IV"' ""'''''''''.A..''' ,~......... I}re Wn:s shall supervise ~ initial i.nStall.ttion of traffic centrol _ devices which will be reviewed by 'the Engineat' prior to the beqinning of con:;truetion. Modifications to traffic control deVic;:es as required by sequence of cperaticns or staged CQnStIUCt1cn JIUst be reriewed by the WIeS. -r11e W!CS shall regularly perfOIIn iPSpeC'tions to ensure 'that traffic ca'lUol is jnaintained. B.- All traffic control devices used &.1rin~ the consU\)Ction of ~ project 5hAll aeet the St,an&srds uHH.,.M in the MlJ'l'CD, mld shall cali>ly with 'the requirementS. of 'these ~ifi...aticns, Project Plans, and Spec:ial Provisicns.' JU!ference is made to SUb-sectioos 104.05, . 107.07, ana 107.09. C. All reflectcrization for traffic control devices shall ueet the requirenents of 5ed:icn 913, 'l'ype 1, lmle5S otherWise specif5-ed. D. No ~k shall be started CD any ptoject phaSe until the ~~te traffic cmt:rel devices haVe been placed :in eccordance with Project r~. Changes to traffic flClW shall not camenc:e unless ~l labOr, lDCl'tetials, and equipten~ necessary to make tbe changes are ~able 00 'the Project. E. "l11e ~ shall secure the Engineer's llIPPl"oval of the Contracter's prcp6seC! plan of ~cn, sequence of ~k m1d net:hods of providing for the safe passage of traffiC: before it is plaeecl jn cperation. 'n1e prcposed plan of cperati~ should svpplement 'the approved traffic c:cntrOl plml. Arry major changes to the apprcnecl traffic: control plan, proposed ~ 'the Contractor, are to be sul:nitted to the ~ far ~roval in acc=rdance \iith suo-sectiC%1l04.03 of the Standard Speci:ficaticns. sane addi:ticn.a1 traffic ~lt..rol detailS will be required prior to arrj major shifts of traffic. '!he traffic ccnucl detalls shall incluae, bI;rt not be limiteO to, 'the follo.lin9= 1. A detailed dra\tlin9' showing trafficS lccaticn and 1~age far each step of the change,! 2. 'Ihe loea'ticn, size, and uessage of, aJ.I signs requireo by.the MtJ'1a>, Plans, SpeCial PrcviSiccs, and Other signs as required to fit Q:lndi ticms. 3. 'n1e trethod to be used in, and the limits of, the cbliteraticn of ~ lineS and JMrki.n9S. 4. Type, lc:ca'ticn, end extent of'new lines and~. 5. Hori%CJrl'tal andvertic:al aliqnnen~ and superelevation rates for de~S, including crOSS sectioo ana profile grades along each edge of ecisting paveaent. 6. Drainage Qetails for tenperary anc! pennanent eligrments. 7. ID:::atien, length, and/or spacing of channelizing and prc:r...ective devices (~ary barrifr, SUardrail, barric:ades, etc. ) . -2- TC-'1- I I I 1 ~ I ;1 I I I I I I " Ii I! I Ii i I: I I:, ,I: :1, .. . i . B. Starting ~, duration end date of planned cb.ange. 9: }'Qr each ~ic shiIt, a paving plan, erection plan, or '-'Crk site plan, as apprQpriate, detaUing pen and equiptent necessarY to aceazplisn. the prcpo5eO work. 'Ihis will be the m:UWm.:m resource allc:cation all~d 1:0 start. t:he work. "lhe al:;ove det.ai.l.s shall be subnitted to 1Ule' Engineer for zspproval at least 14 C!ays prior to the anticipated traffic shift. '!be COntractOr shall have traffic C01'lttQl details for a traffic shift lltU.cll has been approved by the Enqineer in his possession prior 'to cc:rmencement of the physical shift. All preparatorY \IllOt'k rti1~tive 'to the traffic shift which ~ not interfere with traffic ~l be acccJIFlished a min:inUn of t1olO hours prior 1;0 the designated starting tilre. '!be Engineer and the ~'s represenUtive will verify that all conditions have been JDet prior 'to the CQn.~ c:btai.nJng materlals for tre actUal traffic: shift. . F. 'lraffic control Oevices shall be in aeeeptable condition ~ first erected on the project and shall be maintained in ac:cord.3nce with Sub-Section 104. OS througho1Jt the consUueticn period. All mmccept.able traffic contrcl devices shall be replaced within 24 haJrs. When not jn use, all traffic c;gntrol c.ievices shall be rem::sved, placeO or c:ove.red SO as not to be visible to traffic. If traffic ccmtrOl devices are left in place for DCre than 10 Qays after ~letia1 of the ~k, 'the ~ shall have the right.to rem;:lVe such devices, claim possession thereof, and deduct the ccst of such rem:sval frc:m any peni.es c3ue, or which may beccm: due, the C~:tractor. G. ~ Depar1:ment reserves 'the ri9bt to resttict. constr\Jcticn ~at.ions when, in the qli:nicm of the En~, the continuance of the Work w:Wd seriously hinder traffic: flOll an days izmedi~te1y before, on, or after holidays or other c3ays in which 1mUSU~ traffic canditicns exist, including threatening or iIlr;;l~t. weather. .150.02 ~ zaES;. :.. A., 'traffic control shall be provideci' using the fpllCMing materials: 1. portable advance warning signs ,as required by the contraCt or neeting the requi.raten1::s of ~ wrc:o and SUb--Sectian 150.03. . 2. Po:riable sequential or flashin~ anew panels ~ sho.m in 'the Plans or Specific:aticns fer use on Intersta~ or nulti-lane highWay lane closure ally, shall be a rnininum size of 48" high by 96" llr'ide with not less t:han 15 laatps used fer the arrr:M. "lhe arrow wiU a::cIJfTi virtUally the entire size of the ~CM panel and shall have a m.iniJrun leqibility distance of cne mile. '1be mini:nJJm legibility disumce is that di~ at. which the arrC1ll1 panel can be carprehendeQ by an ooserver on a sunny day, or clear night. Ane:Jt1 panels shall ~ equipped with autanatic dimning features far use during' hoUrS of Qarkness. '!be arrOil panels shall also IIBet. the :requirements as shalom in the cutrent editiro of the Mt1ICD. ~ sequential or flashing arr~ panels shall not be used for lane closures on 'bQ-lane, two-Way highweys when traffic is restric:ted to one-lane c:perations in whic;:l1 case, appropriate sigrU,ns, -3. TC'-S- I"" " , I I ! I ~ :l I I I I i I .. I I i I I I , I I , ; I I: ,I I ,I: [I " . f1~ggers -and 'When %eqDired. pU6t -vehicles will be ~ed su:ffi.cient. 3. Portable variable --age signs Dieeting 'the ~ts of section 632. . . . 4. c:h.a:nneli%inr; &rrlces ~ 'the starlaards' 'of the K1l'CD m1d SUb-sec:ticn 150.05. s. Precast ccnaete ba:c:ier meeting 'the ~ of sEacti~ 622. 6. ~ traffic signals ~ the requir~ts of SecticI1 647. ~ ready to start the work aeti "Iity, the police vehicle will pull into the traWl lanes and act as a pilat vehicle slOtling -the traffic, thereby pro\7idin9 IS ~ in traffic all0win9 the Cootrac:tor to perf ODD the Work. hty ranps between the pace and the jcb site shall be blcx:ked durih9 pacing of traffic, with a flagger properly dreSsed and equipped with a Stop/51"" paddle. Each ratrp shecld be cpe.nec1 after the police vehicle haS passed. pilot vehicles 'are to travel at ~. pace speed of not less than 20 1tPh interstate end 10 Jrph non-interstate. '!he contractar shall. provide. IS vehicle to proceed in front of the police vehicle and behind the other uaffic in 'order ~ infom the ContractOr' s ~ :force tot1en _all vehicles have elearecl the area. "4- TC-~ I I : I I I .1 , I I I I I ! I I I I, .1 I I I' I,. I.; I: I . ~aHie will not be perudtted to ~ during pacing' ~&JL in extrene cases as approveQ by ~ ~. 2. ME"IHCDS OF ~GNm; FOR ~C p~: At a point not less 'than 1,000 feet .in advanoe of the beginning point of the pace, the Contractor shall erect and cover a 'W ~al sign (72 inch x 72 inch) with a Type -an flashing light, with the legend -Traffic ~ Ahead Short Delay" (see Detail ~5o-A). variable zressage sign rrzy be used in lieu of W specia.1 sign. Q1 divided highways tlri.s sign shall be double indicated. A worker with a 'bolo-Way radio shall be posteli at the sign" and upon notice ~ the traffic is to be paced shall tm:n en tb: fl~hin9 light mld reveal the sign. 'When traffic is net. bein~ paced, the flashing light shall be turned off and the sign maskeli or rem:wed. w-special signs are reflectorized orange zmQ biack, series "e". letterS and tlol:'aer of the si1:e ~i-fied. D. On DIJ.l tilane highwayS 1rolhere ttz!ffie hat; been shi:fteQ to the inSide lanes for ovemight use, the entrance ahd exist raztFS ~ have channelization devices \tIith steady bum lights placed on both sides of the ran;? '!he ~rary r~ taper length shall be greater than, or equal to, the ecistinC3 taper length. 'l'erpOrary 1:XIT gore signs shall be placed at the ranp divergence. Channelizatign device spacing in the first 100 feet Of the tertpo.raJ:Y gore shall be 25 feet. 1:. ~ tranSition to na:mal or full wiath highway at the end of a lane closure shall be a m;:rvi m1111l cf 150 feet.. F. To prc:m.de the greateSt possible c;:r:tIvenience 1:0 the public in accordance with SUb-seetion 107.07, the Cont:rac:tor shall reamte all signs, lane closure markings, and Qevices :iJmediately when lane closure wcrk is cctq?let.ed or ~y suspended for any length of tiJre or as Qire;t.ed by the E:n;ineer. G. 1be Contractor's truckS and ether Whicles shall ttavel in 1:he direction of nonnal roadway traffic unless separated by a positive barrier, or \!/hen construction, a.::ti.vity hecessitates otherWise, and shall not reverse direeti.m ~~L at int2rsections, interchanges, or approved ~ary crossin9s. B. '!he contractor shall ensure that aust. nud, ana other debris fraXJ his operation' do net interfere with ~, traffic cperations, or adj acent prc::perties. ~. Exi.sti.n9 street lighting shall remain lighted as long as practical ana until ren:wal is approved by the D19~. J. .Adequate taTpOrary lighting shall 1:16 provideO at all nightti%!e ~k sites lIhere '-lOtkers will be irmediately adjacent to traffic. K. For their CMn protecticn, lI<lOrkers in br alijacent 1:0 traffic- Coring nighttineoperaticn shall ~ reflector:i%ed vests. L. '!be' parking of cont.raeterts and/or ~kers personal vehicles within the 'tIOrK area or csdjacent to traffic is prohibited. -5.. 7C-7 I' I ! I : i I I : I I ,I I :1 I I ., I I I , I I I I I I I I I I I:. I I: ',I' 'II ~ ,- ~.ifRAFFI C ~SmL"," IO"} n. 10. fr ,,_ SLO WED ::SmL~ -~.1 a- j-~. ~ . ." ~HEAD ~-~. . . SHOR]..Q.ELAY ~-~ - 1~1 ii: -=- -; ~4 · ,rclr"."IT 1 . Y1.~ $teu U'QU fd,:lvIllJ' . St~H $KA~ J(&.VE BL":1C ,-"END AUD em::l!1I c.... ~t.,.:;t ~~1:l:10R'UD U.Cd~ t- IWOCU 1112.- ~ ~'! ~lUS ~ -rr f\ASHDIG u:KT eN ~ SIDt "'-.-11/. ' : ~. 1 as' I fIGURE . lSD-A -6- ie-a I I I I i I I I ., :1 I I I :1 " I I I I I I I I I I , I I I I I -: ; M. 'The lolOrksite traffic coutrol supervisor shall DOnitOr' the \oCrk W ensure 'that all the roc;:ks, l:x:u1ders, eanst:.tuetion debris, stcckpiled materials, equiprent, ~ls and ather potential hazards are kept clear of 'the uavelway. ~ iteDIS shall be sterad ;in a lc:x:ation, in so far as p~, 1Ilbere -they will not be subject to a vehicle running off the read and sttikinq them. ~ 150.03 SIGNS: A. ~ required for ~ traffic CCIl'1tto1 during c:onstru.etion of the project, ill existing guide, wanring, mld requlat;ety signs shall be l11ai.ntained by the Contractor in accordance \lith these Specifications. Existing street Mme signs shall.~ maintained ~ street intersecticns. All exi.sting illuminateCl signs $ball remain lighteC! i1nd be maintained by the Contractor. B. 'When not in use, all inappropriate uaffie signs or partialS thereof shall be rencved, placed or covered l;o as nQt. to be visible to 'traffic. c. ".Iba COntractor shall not reacve any existing signs and suppans without approval of the Engineer. All ecisting signs am~ SlJppOl"tS \r4Uch are to be renoved shall be stared and protected ~ d.iJ:'ected by the Engineer, and ~ 'the property Cf the Department m'lle5S otherwise ~ f"ied in the ccntract ~. D. Tenp::lrary guide, warning, or .regul~ signs required to direct tra:ffie shall be .fUI:n:i.sheQ, ins1:a.l1ed, reused and znaint.a.i.ned by the Contractor in ~da.noe witil the MU1Q:), the Plans, Special Provisions, or as directed by the Engineer. '.lhese sigma shall remain the prcparty of the CclntractQr. "!be bottau of all ~ signs shall be at least 7 feet above the level of paverrent et%Je. E. fXisting special guide signs m the Pt'oject shall be maintained -until Cl;lndi tiens requiIe a change in 19;atil:*:1 or legena C::cntent. ~ change is required, existing signs shall bit ucdified ana continued in use if the required nodification can be aade within existing sign borders using deSign requirerrents (legencl, letter size, spaeing, bord2r, etc.) equal to that of the existini signs, or of SUb-Seetian lSO.03.E.S.. Differinq legend designs my nct he mixed in the sane sign. ~. Special guide siqns are t:hose dpressway or freeway guide signs that are designed with a JreSsege content (legend) 'that applies to Ii particular roa~ loaaticn. 50hm lm existing special guide sign is in conflict with W%k to be perlooreQ, the Contrac:tar shall renove the conflict.ibg sign and reset it in a new, non-canflicting lccatim weh has been approved by 't:1E ~sineer . 2. ~ ..SPEJ:I1IL GtJIm: S!QG: l4hen' it is not FOSsible 'to utilize exist;n9 signs, either in place or reloeated., the Contractor shall furnish, erect, IJaintain, m::xiify, relocate, and rerrove new te:rporary special guide signs in accordance with the Plans or as directed by the Engineer. ...7'" TL-f I, 1 I I Ij Ii ! I' .) I; II I I:: ,/ d 1:/ I I:: I I'; 1.1 I'. I:, I I: ~ . 3. All ~ overhead special guide siCJn strUCtUreS shall be lighted a5SOClll as erected Bnd shall ranain, lighted, during the hoUrs of darkneSS, until the ~ sign is no looger requi.red~ 'n1e 0;JrxtractCJ:'. shall notify 'the PcMer ~y at ~ thirty (30) days prior to desiring ccxmectic:n to tile ~ souree. 4. '1t1e installatian of ~new pemanent. spe"'i ~ guide signs and the pe.manent JrOdj fi cation or resetting of existing special guide signs, when included in 'the ccntraC%, shall be ecccrtPJ.isheQ as soon as practical to ~e the us.. of ~ary special guide signs. All new permanent ~ special guiee signs shall be lighted as soon as ere:ted. s. ~ary special: ~de signs 'that 1MY he required in addition to, or II replaeesrent far, existi.n9 expressway Mld freeway (interstate), signs !rUSt be designed And fabrie4ted in c:arpliance with the minimum requirenent:s" for guitie signing contained in Part 2E -Guide Signs Expressways" and Part 2F "Guide Signs Freewaysft of the MIJ'l'CD, except that the 1Ilini.1l'AD size of all letterS and nurrerals in the names of places, str~ and highways en all signs shall be 16 .incheS Series~" initial upper-case and 12 incheS lcwer-ease. All interState shields en theSe signs shall be 48 incheS and 60 inches fer ~al and ~al rcm.es. respeetive1y. Adaiticnally, the exit. road MJD2 or route shield shall be plaeed a1 the exit gore sign. F. Posts fer all tenporary (guide, warning, regulatory or 'special guitle) sign installations shall be so ~ to yield upa1 iJq?act to Jtlinim:i2e hazards 1:0 1lQtCristS or he prot:ec:ted Dy t~rary 'traffic barrier or inpaet at:t.enUatOr. G. All ensting, ~, and new permanent signs shall be installed so as to l;le caI{Jletely visible far ml adv'ance c:1istm'ICe of at least SOD feet. Limbs, l1rush. calSuuctiQn equipreot mld wrterials shall be kept clear of the driver's line of sight to the signs. H. ;.11 c:onst:r1Jetion warning signs sha11 have t'WO 18 inch x 18 inch fluorescent xed~ange or grange-red warn!ns flags mounted ~ ead1. ~ Qisp1a:yed during daylight hc1Jrs M1d a single direction '1'ype -An ye1lCM flashing light when displayed at ni~, including the project c:onstrUcticm Signs (G2o-l and <;20-2). ~ signs shall be placed iV1ead of construetion in accordance with Part VI of the ftl1ltD. All ean.st:'UC:tion warning signs en Qivided highways shall be O::luble indicated (i.e., en the left and right sit1es of the roadway). 1:. 'Jhe sequential, or flashi.ng arrc::r-7 panels shall be placed en the shOUlQer at or near the point where the lane closing transition begins. '!he panels shall be IrOUI'lted an It vehic;:l., trailer. or other sui table suwort. vehicle JrCUnted panels shall tle provided with rfJ1J:Jte controls. MiniJrum ~g height shall be 7 feet aboVe the roac:May to the bottan of the panel, except. en vehicle uounted panels which shcW.c1 l:e as high as practical. J. 1be porta1:l1e variable 1TeSsage si~, Wen specified, shall be pla.ced ahead of constrUCtion activities bnd will ueet. the reguiIenents of Section 632. -8- TC-/~ I I~ ,I t . :1. , . 06/17/93 :I[ I 1\ I 1 1 I' I Ii I I: Ii II I I: - - - 11:42 FAX 404 651 6540 llu1' CONTR ADMIN ~ 012/013 R. '.lbe :flashing' be~ asseubly, when spe::i;fied, .is used in . 'c::a1junctial with ~cn warning signs, xegulatory, or c;uide signs 'to ;ini:~ tr~e of srecial road conditions .which require additional Qriver attention and ~Cln. ?he flashing beaCCfl assembly shall be installed in a=oraance 'with the ~ of section 647. . 150.04 p~ ~ A. Generally, full pattern pavaoent marldhqs in accoreanee with Se:tiCXl 652 and in eonfor:mance with Secticns 1A anc1 3B of the KJItD are reqW.reO on all courses before the roaaway is q:ened to tnffic. Duri.nq eonsUuctic:n and. maintenanCe activities d1 all highways cpen to trafiie, both existing markings and JNU:kings IIpplied under this Section shall be :fully maintaineCl until Final~. If the povc::il'2l'lt JDa,rkings are, or becate, unsatisf~ ib 'the judgement of 'the Engineer due to wear , weat:her~9' cr construeticm ~ vities, they shall 1Je restOred ilmediate1y. Cb resurfcscing projects pavenent Jnarkings shall be provided en all surf~ that are pl~ over existing markings. ~ wiQenin9, reecnstrueticn, and new c:cnstmCtiOn projectS, paverent tnarldngs will be as ~ by the Plans or the Engineer . B. ~: All traffic striping applieA under this section shall be a m.iniJnum four inches in width end shall ccnfotm to the r~ts of Sec:tilXl 652, e:xeept as JIOdified herein. Raised pavenent markers shall ~ the r~errents of Seetian 654. Markin;S al the final surface r;:cnJrSe wch nust be ren:gved shall be a rarovable type. 100 Contractor will be pePDitted to use paint, the,moplastie, or tape al pavettent \llhich is w be overlaid AS part. of rlle project, unless otherwi.Se diIect.eQ ~ the Engineer. partiBl (skip) refleetorizatiCll (i.e., refleetOriring only a portion of a stripe) 'will !'lOt be allOoled. c. USJlQ:: 'lbe Contractor shall seguence his ~k in such 11 manner as to a110N the installation of ~gs in ~ final lane c:anfiguratim at the earliest possitlle stage. In~~ or. conflicting ex:isting pavenent markings sMll be renoved. Except for :final surface, marldngA CX1 asphalt.U: eancrete may 1:le ebliterated by an overlay cogrse, ~ a#lProVed by the ~. . ~en an asphaltic con.c;rete overlay is plaeed for the sole purpose of e1iminatins conflicting markinss and the in place asphaltic con=ete secticn will allo.l, saia c:r.rerl~. will be eligible for paytrent only if ~ignateO. in the plans. Overlays to ebli~ate lines will be paid for only alee and further traffic shifts .iJ1 the smre area will tle accc:npllshed with rerrcvable markings. Only the tni.nilnLml asphaltic con.c:rete thickneSS required to caver lines (generally 60 lbs./sq. yd. Asphaltic: concrete "H") will be allowed. EXcessive buill3.up will not be pennitted. ~ an overlay for the sole pU%pOSe of eliminating ccn:f1i.c::ting markings is b:lt illOoleC1, the mukings no longer applicable shall be rengved in accordance with SUb-Sectian 656.02. ~ elimination of conflicting pavene.nt marki1'1~ by guerpainting with paint or liquid asphalt is not accept:.able. For highways c::pen to traffie, marking renoval E!qI1iprent shall be present en the project for use iJmediate1y before any change in traffic -9- TC-/I :1" -. I I I Ii j ; lane(s) aligrment. lbm shi.ftinq of traffic necet!:cdt;8teS rerrrmU of centerli.nes, lane" lines, or edge lines, all ~ tineS shall be rdPJ.1ed prior m, duritlg, or iJmediately after any change so as to present. tile least interference with. traffic. If JDBrlcing .~...va1 eqLJi.pl'ent tailures cx:cgr, the equiprent shall be repai.reCl or 1'eplaced (including leasing equi;prent i;f neceSsary), so 'that 'the retcnl can be accxJ!Pl.i.shed wit:ho1t c5elay. ~ Raised ~v=uc;uL JDi!l%'kerS (ltt'Ms) are requ.i.:ed as follCWS: 1. en ~ and In1:erSt.ate type l'lighWay5 under c:alStr1JCtion, excluding projects ccn.si..sting prilnarilY of' asphalt resurfacing items, ret.ro-ref1ective raised ~ markers (~) shall 1:le placed and/or mai,ntained en int~te pa'"=:tll="t. surfaces q:ened to traffic as follows: Ii I , :1 I! I I: I It Ij I I, I: , t ) Ii" I, 8. ~1ANET.~: 80 foot Centers at sldp 1inds, with curva~ less than 'three 0eg'ree5. 40 foot centerS a1 solid :Lines and all lineS with c:u:rvature between 'three degrees and six degrees. 20 foot centerS en ~ 0I7dr six dt=gree3. 20 feot c::enterS a\ lane uanjitions or shifts. b. ~!tAMP G:JRE LINES: 20 fQOt eenterS, ~ each, p1.aced side t:IJ side. c. amER I.INES: As ~ dl the plans or diIeeted by 'the Engineer. 2. Q1 ether highways under constnx:ticn RPM5 shall be used ~or JDaintained en int~diate pavement surfaces as follOiiS: a. SOPpUMf1.1I!'OO LANE LINES AN[) SCLID LINES: 40 foot centerS ~t Qn lAne shifts. (When required in the Plans or prqosals.) 20 fcxrt;. centers c:c lane shifts. (ReqUired in ill cases.) b. Stl?~ txXlBLE scx.m iINES: 40 feet centers (one each besicZ each line) except en lane shifts. (~requi.rel! in the Plans or pr~"c:.) 20 foot centerS m lane shiftS. (Required in all cases.) RPMs are not alloed on right edge lineS. - -10" TC-/2 I~ I I I' ,It I : I Ii j Ii : j I I Ii I II I~ ; . ~ o. ~CNS ~ SHCRT"'lERH~: Safe ~-eptions: to the tine of placement and pattern of JDarkings are pemitted as rioted be1~, however. full pattern p.sy~w,..ut. marki.ngs era required for the eaJpleted prgject:- 1. ~~, ~~ a. SKIP LINES: All shcrt-teI:m skip (broken) stripe shall conf~ 1:0 Section 652 exx::ept thfst .stripes shall be at least. four feet long wi1:h IS maxirrurn ~ cf 36 :eet. ~ curves greater than six degrees, e. tw:t-foot strit:e with a rnaxinun 9~ Of 18 feet shall be used. Itllane shift areas skip lines will not' be allCM!d. Solid lines will be required. Short t.enn skip lines ~ be pemitteS for a period not. to ~ 14 ca1enaar days. Short-te.m ~ lines mISt be repllSCed wi-th markings in full catpliance with SeCtion 652 prier to expiratioo of'~ 14 ,calendar cia}' peri.cXl. Tenporary raised ~ marker&may be substituted for the short tem skip (broken) stripes. 'If raised pavarent markers are Substituted for the four foot. short teJ:m skip stripe, five markers spaced at. one foot intervals will be requi.reli. No separate payment will be made if t:he tenporary raised pavanent markers are substituted. for short tetm skip lines. Ii ~j Tel::rporary raised paverr=ut JnUksrs shall be retro-refleetive, shall be the sane coler as tl1e pavatent markers for which they are substituted, and shall be visible auring daytime. '!be ~ of ~a:ry marker ana nethod of attadlmerit to the ~ DUSt be ~gved by 'the Office of Materials and Research Wt in no case will 'the markers be attached by the use of nailS. '!be t:e:rtporary raised paverrent markers nlSt be maintained until the full pavarent markings are applieci. At the tiJEe f1.11l pavarent markings are applied 'the tenporary raisec1 Illarkers shall be retIl:lVed in a JtIanner that will not interfere with applieation of the full pilVeJent markings. b. NJ PASSIN:; BARRn:R: Full ho-passin9 :zone markings shall be marked aauy and ccnfa:m to Section 652 and in accortlance with Sections 3A anQ 3B of -the Mtm:D. ~, CD. blo-lane, two-WaY roadvlays for periods hOt to exceed three calen&r days where skip centerlines are in place, no-passing :zooes rr:ay be identified by using t=O*t or portable ucunteC -00 !Dl' PASS'" rf!9Ulatory signs (R4-1 2." x 30") at the ~ and at. intervals not to' exceec 1!:Z mile within each no-passing zone, with a post cr port.al:ale rrounted "PASS WI'lH CARE" mgu1i1l~ sign (R4-2 24. :I: JD" ) at the end of each nO""'paSsing zone. Post DC;llJnted signs shall be placed in accorQanl::e wii:b the K1I'CO. Port.able signs rcust have a I1'Ii.nizmJfn vertical height of three feet above the pavement surface 1:0 the Cot'taD of the tign and l:le sec:ured in such a manner as to not be easily blcMl over or misaligned. ..11. Tt'-/3 I I I I . , I' II II . , I I' , . , Ii I I I I I Ii , . I I: ; c. ~ :~: Ed;ellnes will not be reqcired al intP1"tnQdj,at.e surfac:es 'that are in use for a period of less than 30 c:al.endar days except. at J:iridge approaches, an lane transitions, .,l~ shifts, and .in such' CJther areas as, det.ennined bY the Engineer. CI1:final surfaces, edgelines willnct. '.be required Cl'l a daily basis, but they shall be pl~ within 14 calendar Cays of the tilre that the surface was pl~Q. ' d. ~ PA~~: School zones, railroads, :;t.cpbars, syni::cl.s, w:ard* and etc. shall ):)e placed en finalsurfal:eS eonfOII$lq tc section 652 within 14 calendar days of carpletial of the final surface. en inte:ctedi.ate surfaces these. markibgs will generally not be ~ unless specified by 'the DJgineer ~auSe of special c::cnditicns or W'hen the ~P~; ate sw:fllCe wiJ.J. be in use for lD:)J:e 'than 45 calendar days. 2. KLTI-LANE HI~ a. Centerlines ana. No-Passing ~ier - Full pattem c:enterlines and no--passinq barriem shall tie restored befct'e nightfall. b. Lanelines - Short-t.erJD skip (broken) stripe as Oesc::ribed in Sub-Sec:ticn 150.04.D.1..a. ImIY l:le used far periods net 'to ~d three c:alendar days. c. EOgelines - Ed;"" i1"lP~ shall tie placed al inte%mediat.e and final surfaces within three calendm" days of obliteration. do. Miseellaneous Paveslent. MarldJ\gs - same as SUb-Secticn 150.. 04 .D.1.d. 3. LIMrm> ~~s ~ AND ~S wrm PAVID SHCXJLOE:P.s GREMER mAN roaR FEC' a. .sane as SUb-Sectial 150.04.D.2. b. Ed9elines - Edgelines shall be placed on intermediate and final surf~ prior to qeninq to traffic. E. APPLICAnCN OF ~ smIPES: ~ Contractor shall fur:ni.sh layout, clean as necessary, and pre1i.ne tile surface for the placement of pavement markinqs applie4 lmCer 'this Seetion. All existing tnarking' 'tape en final surl'aces shall, be, resn:md prior to placerent.. of final markings. ' Existing No-PassiJ'1g ZoneS JmSt be clearly QesignateO OS 'to loeatic:c priQr to cansttu::ticn :in order that ~ may be reestablished. for marking purposes. Cl'1 projects 1.ilere ei~ horizart,al or vertical alignzrsnts have been m:X1ified, the loeatiat of No-Passing Zones will be identified by 1:he Engineer. , .. -12- TC'-/~ I .. . I .6 I I I: , , , I Ii , Ii I I I I: I: I ! I' II , I I .1 'When traffic Stripes (centerli:ne.s ,lane lines, ana edge lines) are applied in catti.nuous operation by m::wiriq vehicles and equiprent, the following minimJm warning devices shall be re;u.ized. 1. ~ lead. 11ehicle shall have an approved sequential or flashing Brrr;J.l panel DCI.Znted .sa Cd ~~ be easily visible to oncaning traffic. (Required for centerline acijacent to cpposinq traffic. ) , 2. ~ vehicle applying the stripe shall have a sequenti.a1 or flashing anew panel ana shall folldw Cli.rectly, behind the lead vehicle. 1S0.OS 3. 'll1e vehicle' putting aIt the ecnes shall follow clirectly behind the stripe applying vehicle ana shall-have an approved sequential or flashinq arrCM panel. In addition, for 1m1ltilane highways, the vehicle shall also dispiay a prcminent. 'sign with the legend -PASS 00 un (RIGBT)". 4. All vehicles shall be equipped with the official slOll'DDVing vehicle synix:ll sign. ~~ A. For this Section, 1:he teIzn batticads shall be dearee. 'to DSarl. a Type I or Type :c: barricade or vertical ~el that has a mi.niD:um of 270 square .incl1es of reflective area facing traffic or striped drum as .specified by the MImJ). Except as noted in the contract. ci::::ctJrtents, the Contra=tcr has1:he cpticn to select;. the ~ barricade used provided tilat. barricades of the sane type are used within ead1 individual line of eha.nneli%aticn. Metal ~ will not be allowed as chanrv"Hz~iOl'l devices. Channelization devices with plaee:lre!'lt u specified in SUb-Sections 150.05 ana 150.06 or plans, or precast c~ barrier, if spec:i.fieQ, shall delineate the fW.l length of is lane closure, shift, or enaoadment. Barricades are required fer nighttine lane closures" shifts, or ener~ and shall have steady burninq lights. ~ conditions wan-zmt and the contract.cr c:hooses to cease barricade lighting, i:t. .is unac::s;eptable to allow any barrieaCe.s within a line cf delineaticn to ranain lighted. For longitudinal ch.annelizatiat clOly, fluc:lrescent arange traffic canes (28 inches 1!Ii.ni.m:m height) Will be allCW'ed. for daylight closures ar shifts. Sawever barricaQes, as specified, will be iequired for all tapers. When the appropriate signs ~ posted a.cWising of con4iticns such as soft or 1011' shoulders, channelization devices nay be rencved after shoulders are to typical section ana srassed aIle. ~ter guardrail C2t' other safety devices have teen installed.. 13. Channelization devices shall be spaced as listed below for various r0at3side ~k concll.tions or as JIQQified by SUb-Se<::ti.cn 150.06. sr-:--d,ng shall te used for situaticas JDeeting any of the conditicns listed as follows: 1. SO FOOl' SP~~: Requires steady bum lights if conditions exist overnight. -13- TC-/~ I ~ I I I Ii :1 II I I Ii ~I I I I : ~ .i I , j ,I, . a. For di:fferenee :in elevatic:n ~9 two inches. b. For healed seetions no st:~r than ":1 as shewn in SUb--Section ~O. 06, Figure J.5o-c. 2. 100 RXn'. SPACm; MAXJM[]M: f(equ:i.res st~dy burn lights if . c:onditia1S exfst cvemi.ght. a. For aifference in elevatial oJ. t"-'O incbes er less. b. Flush, areas ~ equi.p1lent or wcrlcers are within ten. feet of the t:raWllane~ 3. 200 FCX11' SP~~: Rlerti equi~t or ~kers are 1IQr8 than 10, feet fran travel lane. Lateral offset clearance to be four feet :fran'the traVel lane and ctces not require steaQy b.m1 lights . a. Fer paved areas eight feet ct greater in width 'that are paved flush with a standard width travel lane. b. For disturbed shoulder areas vat carpleted to typi.eal secti.cn that are flush to the travel lane and considered a ~able Shoulc3er. ,If .: 4 . TRANSI'1'IOO TAPERS AND LANt ctDS01\ES: '!he miniJm.ml length of the cspproad1 ttansi tion taper for a lane closure, shift, or ericroac:hfrent for highways with p:sted speed of 45 ll'ph or greater shall be equal to 'the lane width of lateral shift (Ft.) x 'the posted speed limit (Mph) I (L= WS), ~ not less than 150 feet. Fer ttIUltiple lane closures, only CI1e lame nay be closed per ~ with a mi.ni.rnum tim;ent length of 2L ~ 12perS. '!be lenqth of a closed lane, excluding the 'tranSitid1 taper, will tie 1imit.ed to 'bllo miles, unless otheMse appraveO ex directed by the ~9i.neer. Barricades shall :be placeCl the full lettgth of the taper spaced at 'maxi;mI.lrn interVals in feet eqc.al 1:0 the numerical. speed limit (EXAMi?LE:.- 5S ~ Speed Limit :; S5 feet m:ocimurn Spacinq). lIarrlcades with steat3y b.nning lights are" requi:red if the condition exists into the night. For taper lengths on mban, residential or other streets where the posted speed is 40 nph or less, ti)e mini.Jm.mllength of the ~ transitic:n taper rray be cc:xrpl.Jted using the forDUla L EO is /60. Greater taper length shall be used ~ required fer indivi.clUal situatials . I I. I:" I : I s. PRE'CAST ~ BA.~: When precast concrete barrier is used, steady burning lights at 5o-f~ spacing shall be pla.cec3 en 1:q) of the barrier when the ba%rieritl lo:ated eight .feet cr less fran a travel lane. R1en precast ccIlcrete banier is \Wed .in a lredian or other area which is inaceessihle for maintenance withcat interferenc::e to traffic flaw. 12- x 36" ~cal panels ~ be used :in lieu of steady burni.ng li~. ~en the barrier wall is lccateO fran eight to 20 feet fran the travel lane. U" x 36D vertical panels shall be placed at SO"'foot JnaXi,num intervals.. -14. TC-/~ I I I I I I : 1 , I - I i I , ' , I I I I j I , I I, , I I I I , I I .. . J Approat=:h end' of preeast ccr........~t.e bart'ier shall tie fl~ed or prctec:ted by ml inpaet attenuator (t:raSh cushion) or other .-pproved treatment.in 8CCOrCance with cia. Std. 4960, ~ Details and ~aard ~;fiCB:ticms. . On interState or other ~trolleo ~ss highways \tlere lane :shift.s or crossovers cause qposin9 tRfiic to }:e separated by less 'than .40, ft., precast concrete batrier shall be used as a separator . 150.06 DCCAVATICN ~ m A'mAVEL 'U.NE: ~ llOrk involving treru::hinq adjacent to a travel way shall not begin until the Contractor is able to ccntinuously place 'the required typical secti.al to within twc inI:hes of the existing' ~verent elevatitm, or heal the remaining aifferenc:e :in e1En1ation to the i:raVliled way As shgwm. :in Detail 1.50<. ' - ' O1annelizaticn devices and pl~t CbJring 'the coostr=tial pericd shall canfom to the requireaettS of Sub-Section 150. OS and Details ISo-B, l.SD-C, end 150-D shown herein. In addition to t:hesigns specified in secticil150 and the K11'CD, a W-20 sign with the legend "CLEFI') (RIGB!') LANE ~. with ~ flags shall be kept just eff, the paving edge and SOD ft. upstream of ~ point .Wlere channelizatioo' &rrices ere erecteCl ClI'1 the pavinq eCge. A. S"ltNE ~,g)lL ~ 2A$ES, AND SOIL BASES: OJ:op--offs in elevation of =re than ~ incheS be~ surfaces carrying , or adjacent to, traffic will not be all~ far D'Cre than 24 hcw:s. ~, llihere the Cart.ractcr, has dem:t'1stratea t:he ebUitY to continuously excavate and backfill in a ptQficient. manner, A single length of excavated area net 'to exceec1 1000 ft.. may be left cpm as a ' start up area forperi.ods not 1:0 exceed 48 b::m's. s. ASPBALT BASES,IBImERS: nrcp-offs in 6levatim of DCre than 'tW:) inehes be~ surlaces cattying, or adjacdnt. to tnffi.c will not ge' allcrwed for JICre than, 46 hours. c. ~ CEMEm' ~ AND ~ STABlLIZED ~: eonsuuction llOrk adjacent to the traveled way which invclves 'theSe types of bases '1Jill net be healecl provi~ the Contractor pursues plac:ing the pavesrent as SCXIO as the c;:uring period is carplet:ed. D\Jring the placarw;mt pericx1, traffic: caltrol devic;:es will be in accoraanc:e with Sub-Sectic:n ],50.05 and tle1:ail 15D-B. o. MISCE:LLANEDOS ~VJaIrns at. DRCJP-OF&"S ~ ~ ~~: Work such as drainage str\,X:tUres, utility facilities, or any other WQrk which results in a drcp-Qff adjacent t4l tile t.ravelway shall be perfODreO expeditiously so as to minimize the exposure to the ha~ard. As soon as pra.ctic:al, 'the elCCavation shall ):)e backfilled to 'the miJWm.D requirements of, Detail lSo...c. In no case will the drop-off. be allo.ed to exist -rrore than five calendar days. 'lhis tray require stage coostrUcticn, sueb as plating and backfillihg t:J'e i:ncatplete w::dt. -15- TC-/7 I I I I , I I' i! I I~ I I: , , 1 I: I: , I II .. Lacltion of barrieade while dra~.off exceeds 4 inches NOTE: Vertical Panels reouired for ~h,s locat'ion, spiced at $0 ft. intervals. ---------1 --------.--1 --4 HEY eOflSTRUCTIOll I 'tRAVEL LA/It . ...' . ... IIil ;-... 1 Ii I I, I' 1 DROP. OFF GREATER THAN A.INCHES FIGURE 150-8 -16- TC'-/8 I ~ I I I ,i I '1 ! ,I " '~ I - I :1 I I I I .1 il I I .1, I 'I Compacted vaded Iggregate, lubbase uterial or dirt. 8 tml COHSTRUCTlON ' ..-j LocatiDn of barricade i~ed1ate'y after c~letion of healed section. s~aced It. 50 ft. intervals. . ~ ~ -. ... -... -...... ~ - - ...... ----,------~ 'TRAVEL LAN[ . --r-+- HtALED SECT! ON FIGURE lSD-C Location ."of barricade while. drcp.off is 4 inches or less spiced at 50 ft. intervals. 8 Hell CONSTRUCTIOn NOTE: After paving to within ~ inches of the travel lane e'evation, mDve barric'des to I point 4 feet from the edge of the travel ~y. Steady burn lights may be removed and 5pacing increasea to 100 ft. intervals. ----~--~ ---L ---------4 . TRAviL LAN! I " DROP-OFF OF 4 INCHES ot LESS FIGURE 150-D . , , . -17. TC'-/? I -- . .. I I I I I I : I I , I I I o I I I ,1 , i I i , I I ./ I I I. I I . , . J.SO.07 ~ ~ PIIDl' CARS: .A. Flaggeno shall be providet3. OS reqUired to hmclle traffic, as specified in, 'the pl.ezis or Speeial Provi.sicms. and OS required by the Ens) 00f'l'T' . ~ ~ B. All f1&ggers shall meet the rec;uirerl\mt' of Part 6F of the MC'Ial and DUSt have ~ veQ traini.nq ~ & esrtificate 1.JPOn carpletial of 'the training fran a Depart:mmt ~d training program. Failure to previae certified flaggers as required ~ shall he reasa'1 fer the Engineer suspenaiJ1cJ \Ilerk involving, the :fltlggerCs) until the Ca1tractcr prcviees the certified flagger( s) · . c. Fl&ggers shall ~ e fluorescent orange Cap cr hat, and ~ fll.lOrescent orange vest. shirt. ar jbQket. and shall use ~ stcp/Slew- paddle ~ the z:equi.zenents of sec:tion. Q'-2 of 'the Mt.J'Ia) 'for ccntrolllng traffic. ~ Stop/Slew paddl* shall have a shaft length of six (6) feet mi..n.i.mlJm.' In addit.ian 'to tl* stcp/S10ll paddle, ~ fl&~ may use a 24 indl square red/oran;e flai as ml ~tional device to attract attlmticn. Fer night tf.1Ork, the ~ shall have refl~ stripes on :front ~ ~. P. Pllot vehicles shall be proviCled it specified in 'the Plm1S Dr SpeC:ifica'tions mlO neet. 'the requiranents bf part. Q'-9 of the MOTC>. E. Signs fer flagger traffic c:ontrcl shall be placea in ad\.1a.n:e of the flagging operatial in accordance witb the MIJIa). In addition to the signs rec]Uirea by the MO'ltD, signs at re;ula:r in~, wa.rning of the presenee of tbe fl&gger shall be placed beygnd the point M1ere 'tnfiic cm1 reas~ly b3 ~d to 5tq) unaer the JrDSt severe eonditicns for 'that aay's work. ISO .08 ~: '!he safe passage of uaffic through and around 'the work zene, while minimizinq con:Eusion ~d .disruption 1:0. traffic flow, shall have pri6ri-ey ever all other Contractor ecti~ties. CO'ltinued failure of 'the o:nuactQr to c:atpiy Wi'th the requirmrents of Section loSO (TRAFfiC c:cNmCJI,,) will result in ngn-ref\mdable deductions of zrcni.es frcm the Contta...-t as s~ :in this SlJbo.Sectia'l fot na'10e0petf0IIDanCe of ~k. Failure of the Ccnt::rac:t<< to carply ,with this Specification shill be reason' fQt' the Engineer suspending all ether \tIOrX em the Project, ~ erosion control end traffic ccnt:nll, ta:king corrective action lIS speciIied in Sub-Sectic:a'l 105.,15, Andler withhol~ pa,ytrent of m:znies Que the Contra.etOr for lIZrJ work en 'the Project until tnffi.c: emtrol deficiencies e.re coaected. ~ othet aetia1S shall be in additicn 'to the deCucticcs for ncn.pedc:cnance of traffic c:gntrol. -18- -rc-zo I .., . I : I I I I , , , I ! I I " . i I I I I I I I I ; I I I I I , I I I I I ~,:') t1f.F. CF l~ -,r.u.as RE E1CE CM..ENlAR W CE IJEFICIEN:IES CF . ~~ ~ 1BJ1t:B.~ cmx;nm" mrAL CXNlWCl' >>JXNr ftCID M::Ire ~ lfo and ~ndi:bg . Daily tbarge $ 0 100,000 1,000,000 5,000,000 20,000,000 40,000,000 . $ 100,000 1,000,000 5,000,000 20,000,000 40,000,000 $ 100 250 500 750 1,000 1,500 150.09 ~: A. ~C aNmOL.; ~ listed as a pay item in the ~~, payment will be made at the L\mp SUZn price bid, lldUch will include all ttaffic conttol ~ paid for separately, ahd will be paid as fol1OG: - Rlen the first Coostruc;:tia'l Report is su1:m:i.tted, a ~t: of 'ten , (10) percent of the L~ SlD prid will be made. Far each progress paynent thereafter, t:he Projeet. percent c:atplete shcw1 en the last pay statement plus ten (10) percent will be paid (less previous paynents) not 'to exceed ~ hundred (l00) percent and' subjec:t to nomal retainage. n1len no paynent iten for ~ie Catt.m1 ~ SUm is sho.m in the Prqx>sal, all of 'the requirarents of gectic:n 150 and the 'lnffi.c Control Plan shall k:e in full force and effect. "l'he cost of catplying with these rec;uiretents will not be paid for separately, but shall be ineluded ;in the overall !:lid sWDitte4. B. SIGNS: ~ sho-m as a pay item in the Proposal, tenporary special guide signs will be paid for IS listed below. All other regulatory, wa%ning, and guide signs, as s-ecauired by the Contract, will be paid for under Traffic COntrol Llmp Q2m or included in the averall bid subtlitted. 1. 1erporary ground IICI.1I'1tecl or tent:orary overhead special guida signs will be neasured for payment by the square fClOt. 1his pa.yne.nt shall be f1.1ll cacpensatiat for furnishing the, signs, including ~ as required, eracting, illuminating overhead signs, maintaining, reaD\Ting, re-eret:ti.ng, and final remnal fran the Project. pa~ will be JDaCe only one tim:t'regardless of the nunb:r of noves required. 2. Rarove and reset existing special guicE signs, ground JIO.mt ex overhead, catplete, in place, will be neasured for payment per each. payrrent will be made only ale time regardless of the number of IroVes required. -rc-z/ -19- I' I I I . I I , I : I : I I I I I I I : i . I I j - , , I I , ' I I I I, I' I I i 3. M:xiifySpecial gui~ signs, gtOl.inI!! JrQunt or cnerhead, \iill be lIea.SUred for pa~ by the"square feet. 'n1e area ueasured for ~ shall :incluOe cnly "that pQrtion of 'the sign ~ied. p~ shall inClude materials, remnill :fran posts or supports lIr'hen neoessm:y,_ and ~ as required. c. PmI:AS1' MmD\N B1tRRm: ~ PreCast ~ ~ will be DeaSUred as sr-; 'Fied in Sect.:icm 622. D. 'W\RIABLE MESS1tGE SIGN, PC:IRTABLE:: variattle MaSsage Sign, Portable will be neasureCl ~,spe:ified in Seetic:n 632. E. ~ GOA1UmAIL ~, ~ 91 '.l'enp:)rary Guardrail AnChcrage, ~ 9 will be JDSaSUrSd as specified in 5e:tia1 641. F. ~'""'FIC SIGNM, IN~ -~: ~c Signal lnstallation - ~ary will be masured 4s spe:ifiec3. in section 647. G.. ~ B!'ACXN ASSa-BLY: Flashing BeaCOn Asseuelies will tie ueasured as specified in Secticn 647. H. ~, ~ LOADED ATmmMOR KDtJu:s; 1'eaporary Sand loaded Attenutcr ~es will be zreasured u spec:i.fied in Seetion J.SO. ~. PAVFMEN'r~: ~ mark1ngs w:Ul be measured as specuied . in Seeticn 150. 150.10 P.A>>ENr ib!n shI:'Mn in the Sc:hedule cf ItemS :in the Ptcposal, the folla.dn; itemS will be paid for separately. item NO. 150. 1%affie ~......................................Lump SUm Item No. 150. Traffie cart:rol, SoliQ !JXaffic Stripe Inch, (Color) .. ............................... ............. ..per I..inear Mile ltan NO. 150. Traffic 'Control, Skip -:r:raffic kri.pe Inch, (Coler) . . ... . . . .. . . . . .. . .. . . .. .. . . . . . . . . . . . 4 .. . . . . . . .". . . . ..ter Lin.eat:' Mi.l.e \ Item NQ. 150. "lraffic c:ontrol, Solid Traffic Strit:e, ~lastic ~, (Coler) ........ ...........4...... ... -.....per IJ.near M).l.e Itan Nc:l. 1.50. Traffic Control, Skip Traffic stripe, ~lastic Inen, (~ar).................................per Linear ~ Ittml No. 150. 'Xraffic c.ont:rcl, paveaent Markings, woras and ~ls........................~...........~..~ Square Foot Itan NO. 150. 'traffic Ccnt.rol, pavexent ArrDi with . bi ~ Refl~~...........................................per EaCh :rten No. ISO. Traffic Contrel. Raised Paveaent MarKers-All Types...per Each ..20.. TC-ZZ I ~ ~' o I ,!j I I . ;t : I I j I I I I I I . ! I j .. I I . I I I I, I I lVhen required for traffic centrol the following itemS shall be paid for separately under their respeeti va pay item. Item No. 150. Tenp Gramd lbJnted Special Cuide Signs.......per Square Feat Item No. 150. 'l'eDD overhead Special Guide Signs..............per SqUare Foot . . -, Item No. 150. ~ & :asset E:ld.sti.ng ~ial ~de Signs. G%1:::Rmd ftkn1nt. ~lete in Plaee... _..................-per .Each. Item No. 150. ~ & Reset !Xistinq Special <bide Signs, ~, Coa.plete in Place..........................per Each Item No. 150. ~e Ccni:rol. '1erporary Sand loaded AttenUatcr ~es.........._...................................per EacP Item No. 1.50. n-affic COntrol, Pavenent HarkerS, W;)rds and SyrIi:cl.s......... ..............................~...............per ~e Foot Item No. 150. 'traffic Control, pavezrent Ah'ow(Painted) With Fr'I;c:p.d. Reflectcrs...........................................per Each Item No. 150. I'b:!ify Special Guide Sign, GtOlnti M::lunt.......per Square Foot. Ium No. 150. M:X!ify Special Guide Sign, OI1erl*ad...........per SqlJare Foot Item No. 622. Precast Conc:rete ~an Barrier............. ..per ~ Foot Item No. 632. variable Message Sign, Port.able......................per Each Ita!! No. 641. Tenporary Guardrail Anc::horaqe, ~ 9'................per Each Item No. 647. ~e Signal Installation, ~....................Luap Sum IUm No. 647. Flashing Beacon Assembly, StructUre !t;lunted...........per Each Item No. 647.. Flashing fieacon Asserrbly, Cable Supported.............per Each ...21- TC-Z-3 I' I I I I i ! I ! I I I I I I , I I I I I I I I I I rtWiI Thi~noi'h:e'>~f authorizatibn--must '.e ~ cons'Pic~bi.i~~IY displayed lat th.!sl_t of work. United States Army Corps of Engineers 19 95 A permit to widen portions of Rae's Creek and Crane Creek at the Boy Scout Rd., to Wheeler Rd., Richmond Co., Georgia. has been issued to Richmond Co., Public Worlffil 25 JulY19 95 Address of Permittee 1815 Marvin Griffin Rd., Augusta, GA 30906 Permit Number I 940000011 I ENG FORM 4336 , Jul 81 33 CF R 320,330, EDITION OF JUL 70 MA Y BE USED P'OPOP~": CECW P C'pc-/ I I I I ! .1 j I , , I I 1 I I I I I I I I I I I I I I I I I I DEPARTMENT OF THE ARMY PERMIT Permittee: Richmond County Public Works Permit Number: 940000011 ISSUING 'OFFICE: Savannah District U,S. Army Corps of Engineers Post Office Box 889 Savannah, GA 31402-0889 NOTE: The term l'yoU" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U,S. Army Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. PROJECT DESCRIPTION: The project will result in the widening of a 4,500 foot section of.Rae's Creek by 7 to 40 feet within the 9,059 foot stretch to be modified. Riprap will be placed for erosion control totalling 5,400 square yards. An access road will be constructed between Boy Scout Pond and the adjacent hill. Seven ditches entering the creek will be relocated. An upgrade of the existing easement of the sanitary sewer line will function as an access maintenance road. An area will be filled at the confluence of Crane and Rae's Creek which will be a decrease to the area of impact to the residential property from the original proposal. The dike along Boy Scout Lake will be maintained and in some parts relocated. The Crane Creek portion of the project will consist of widening by 12 feet approximately 300 feet of the 3,483 foot stretch. The project will result in the excavation of 27,481 cubic yards of material. The excavation will create an additional 2.13 acres of riverine habitat. PROJECT LOCATION: The site is on Rae's Creek from Boy Scout Road to Wheeler Road and Crane Creek, Richmond County, Georgia. PERMIT CONDITIONS: General Conditions: 1, The time limit for completing the work authorized ends on July 9, 1998. If you find that you need more time to complete CO~~ I I I I I I I I I I I I I , . I I , I I I I the authorized activity, submit your request for a time extension to'this office for, consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you aba~don the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish,to ~ease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5, If a conditioned water quality certification has been issued for your project, you must comply with conditions specified in the certification as special conditions to this permit. For your convenience, a copy of_ the certification is attached if it contains such conditions. 6, You must allow representatives from this office to inspect the authorized activity at any ,time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of ,your permit. Special Conditions: 1. That the fill/riprap material shall be obtained from a high ground borrow,area that is free of contaminants and pollutants. 2. That the fill/riprap material shall not be taken from an' area that contains buried cultural resources. 3. That the fill area shall be seeded for appropriate vegetative cover to prevent erosion. -2- cat=' -.3 I I I I I I I I I I , I I I I I I I . I I I I I I I, I I 4. That only a 5 foot width will be clea~ed from the bank's top (i.e. north bank) and vegetation on the south bank will be retained except where widening is required. 5. That the 5 foot area cleared at the top of the new channel bank will be planted to improve fishery habitat and provide food for other wildlife. Mast producing canopy species that provide h~gh quality wildlife forage will be selected from the list which was provided to the applicant from Fish and Wildlife Service on February 1, 1995,. Tree species NOT to be planted are red maple, green ash and yellow poplar. ' 6. The applicant will provide an archaeologist to monitor construction at all archaeological sites. The archaeologist will halt construction if there is an imminent impact to the sites. 7. That the work be accomplished in accordance with the plans and drawings (Rae's Creek Channel Improvements, ,Section II, sheets 1 through 64, November 24, 1993 with revisions and additions made on February 17, 1995 and March 10, 1995, Job No. 91-293) as well as the drawings which are incorporated in and made a part of this permit. FURTHER INFORMATION: 1, Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403) , (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this author~zation. a. This permit does not obviate the need to obtain other federal, state, or local authorizations required by law. b. This permit does 'not grant any property rights or exclusive privileges. c.This permit does not authorize any injury to the property or rights of others. ' d, This permit does not authorize interference with any existing or proposed federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: -3- CtJc-4- I I I I i I ! I I . I I I I , I I I I I I - I I I I ,I a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the'United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.' d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see' 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. -4- c f!)~.S I I I I I I I I 1 I I I I I , I I I I I I I I I 6. Extensions. General tondition 1 establishes a time limit for the 'completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the u.s. Army Corps of Engineers will normally give favorable consideration to a request for an extension of this time l-imit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. v' ((j}f >4~t~' (PERMITT E) . 7- / 1- 1=~ (DATE r This permit becomes effective when the federal official, designated to act for the Secretary of the Army, has signed below. ,y~~ ehalf of: Boy U. S. Army Engineer When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and' conditions, of this permit wi~l continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) -5- C. ()&- ~ I fl. 011 ,-,~ ....=--__ ,'0' 'I~ :.--=~~.~ i: ;i "'11 '--'-:::, ;! if::::. 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'C-;'~:,:~~;:.::::::/ \ ~:' /,)/ , , ~. ~ "'\" . ,~ ;\ ~:~~ /.~~;::=:~~~;G ,,'t\ - , ~ GENERAL PROJECT MAP A ~ I SUMMARY OF YiEiLANDS FlLL IN Vv[TLANDS ...,ETLANDS CREA TED IMPACTS 0.65 AC. 2.34 AC. I LEGEND I (j) FlLl IN WE:TLANDS I j I I I I I I II i I I I I I I I FOR RAE'S CREEK DRAINAGE IMPROVEMENTS SECTION 2 I I SCALE: 1" = 1000' FEBRUARY 14, 1994 REV. MARCH 24, 1995 PREPARED BY CRANSTON, ROBERTSON ,& WHITEHURST, P .C. I '452 ELUS STREET ENGINEERS P.O. DRAWER 2546 PLANNERS AUGUSTA, GA .30901 SURVEYORS ,91-293M-A -7 I I I I I' I .. I i I I I I I I I I I I I I I f\.o'fl -"" \"=---- ,....' --..-:::;;.-=,~. ;' ;;....t.l-.~, I :'::> I', '=~. '::-.. ,I ,i 8 I" " \ E :; Iii!... . /. /~,;....,\\~~ .. .' .)... ~ " .(....; ~. .. ,i c::l i:1l Ii...' ~.,. :', \.", ~ 1lJ~ .; '.' L- ,', ..'~, :i ~ ~ t U ..... ;':,~ j: '~" =;;. /.' -:;.-:~"~; C( U ~ ,; ~,. :'~. ):~':: ~(..,,:.~ : \ r- '\.<~:..'_- :; \,':, ~~\~./ .;.-s...._:,;....';frr=rr-YJ... ;.:~ :', \~, '9 ~: r-'\\~. c . 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",' /; -~, '-. '':--'_. ,/' ,_ ;'~'I // '...>, , ~~ = /._,';' /.-' :f~.:~,'t::~;:~:::::-.:.-_,~-:>~:~>5 c/:;':// '\~\ ..\ ~"':''"~-:~o,:,~~~~< :t~/' . . I '~"I.~:.:/.. ~-...1" ..~.~;~~.-~~~;.. ,//'{~;~'.)":~':::~i~'>\:.\~:, ~"""'='= :. /' " /. ...."/./ ~..i~::.::::" cJ'\'.\ '\':~';'" \~~_..' 1/ "~~/ .~:~. ~\ ': . ~;~. % .~i.~, // .....,;..,::~._~~:';', '\~::_..,i')' ~. ,h \_ , . , ,;:;:;;..:.j:'" \ j' /!-'>"~~l~\ ,/ ~ ~ I # \\ :. . ::t;,/ \,;--==:~;,~;FTl~ /.:' .. "\ ~ GENERAL PROJECT MAP A SUMMARY OF \VETLANDS IMPACTS FILL IN WETLANDS ~[TLANDS CREATED 0.65 AC. 2.34 AC. LEGEND (1) FILL IN 'M:TLANDS FOR RAE'S CREEK DRAINAGE IMPROVEMENTS SECTION 2 SCALE: 1" = 1000' FEBRUARY 14, 1994 REV. MARCH 24, 1995 PREPARED BY CRANSTON~ ROBERTSON & WHITEHURST, P.C. 452 ELLIS S1REET ENGINEERS P.O. DRAWER 2546 PLANNERS AUGUSTA. GA .30901 SURVEYORS 91-29.3M-A I f1.0-,o/ 'r:~--t~f~~. :;' . ~ ,~.. 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Z ...... -~ ...... ~O nw ... I-- 01-- 0:::0.... 1-0 0 00 OJ W -l W a::: ~ (/) 1-1--:) N <0 0 >0 <(lL. W U 0::: XI.!) (j) WN <( ~ ~~~~\ .'/,V/, ..(<T.-:t.~.. :~<{:<-:~ ~~::::~>; ;..........:...... ~<~:i.~. ;j;ff~1tflfi~) ,~~~:~;. ;:~)~; J...."....,. ;~~>~.~ ,.,;<" '>.~'>": '/~"/ . ::......:~::. ,.,~.~/ ~.:/'..' ~ ....,>1 ,",'. II CD I 1 I"') OJ N I ,.... OJ ~ ~ ~ ~N '''It 0'1 - 0'1 j~ . '''It CD U~ W lL. ~ ~ ~ U \S\ CD J z 0 - t- w -l U <( LaJ u (j) tf') (/l 0 N I- --J I-- <( 0 Z U - ~ ~ ~f)e-I / I I I I: , Ii 1 I II I I I I II SECTION TS-8 GABIONS -01. SCOPE: This Work shall consist of furnishing, assembling and filling of open wire mesh baskets with aggregate to form Box, Sack or Mattress Gabions as specified herein and as shown on the Plans, -02. MATERIALS: All materials shall meet the requirements of the following Specifications. 1. Aggregate - Aggregates shall conform to the requirements of Section 800,01 of the Georgia Department Department of Transportation Standard Speicifications Construction of Road and Bridges, Latest Edition. Aggregate sizes shall also conform to the following requirements: Gabion Type Minimum Aggregate Size Maximum Aggregate Size , I , I Ii Mattress Box or Sack 3 inch 4 inch 5 in'ch 8 inch , I: ~ 11 I I I 2. Filter Fabric - Filter Fabric shall conform to the requirements of Section 881.06 of the Georgia Department of Transportation Standard Specifications. 3. Gabion Baskets - Box, Sack or Mattress The Box, Sack or Mattress Gabion shall be a flexible zinc coated (galvanized) gab ion of the type and sizes specified herein and on the Plans and shall be made of wire mesh of the type and size and selvedges as specified in the following paragraphs. Box Gabions shall be divided by diaphragms into cells whose length shall not be greater than one and one-half times the width of the gabion. Box or Sack Gabions shall be fabricated so as to be of a single unit construction. Base, lids and sides shall be woven into a single unit and the ends connected to the base section' in such a manner that strength and flexibility of the point of connection is at least equal to that of the mesh. . TS-8-1 I I I 1 I: Ii II , I: I' I I; I I' I' Ii I: I I For niattress Gabions, the base, sides and two ends of the mattress shall be made of a single sheet of wire mesh (main sheet). Partition panels, made of the same type of wire mesh, shall be attached to the base of the main sheet to form pockets of approximately 3 feet in length into which the mattress is divided; The lid is formed by a single sheet. ' Sack Gabions shall be made up of a single sheet of mesh supplied with top and bottom steel bars inserted during the production phase to facilitate closing during' field installation procedures. A. Dimensions - Gabions shall have the following Dimensions: 1) Box Gabion Nominal Length = 6 feet, 9 feet or 12 feet Nominal Width = 3 feet Nominal height = 1 foot, 1 foot 6 inches or 3 feet 2) Sack Gabion Nominal Length = 6 feet or 9 feet Nominal Diameter = 2 feet or 3 feet 3) Mattress Gabion Nominal Width =' 6 feet Nominal Length = 9 feet or 12 feet Nominal Thickness = 6 inches or 9 inches Due to the nature of construction, a plus or minus 3% variation in these dimensions will be allowed, B, Mesh The mesh shall be hexagonal woven with the joints formed by twisting each pair of wires through three half turns and shall conform to the following nominal sizes: Gabion Type Nominal Mesh Size Box Sack Mattress 3-1/4 x 4-112 inches 2-112 x 3-114 inches 2-112 x 3-114 inches TS-8-2 I I I I. I Ii I .i :. Ii I I. I: .1 I 11 I I: I I I - c. 2) Wire 1) Zinc Coatings and Nominal Diameter The Zinc coating and tensile strength requirements for all wire used in the fabricatiOIi' of the gabions and in the wiring operations during construction shall be in accordance with the requirements of ASTM A 641-89, Standard Specification for Zinc-Coated (Galvanized) Carbon Steel Wire, for galvanized wire, class 3, finish 5, soft temper, as measured before fabrication of the netting. The nominal diameter of the wire used in the fabrication of the netting shall be 0.1180 inches for zinc coated gabions and 0.1063 inches for PVC coated gabions. The nominal diameter of the wire used in the fabrication of the netting, lacing wire and selvedges and the minimum weight of zinc coating, (when tested in accordance with ASTM A90-81) shall be'as follows: a. Box Gabions Nominal Diameter of Wire Minimum Weight of Coating 0.0866 inches ..... lacing wire .. 0.70 ozs./sq. ft. 0.120 inches ;..... mesh ...... 0.85 ozs./sq. ft. 0.1535 inches ..... selvedge 0.90 ozs./sq. ft. b. Sack or Mattress Gabions Nominal Diameter of Wire Minimum Weight of Coating . 0.0866 inches 0.1063 inches lacing wire. . . . 0.70 ozs./sq. ft. selvedge ..... 0.80 ozs./sq. ft. The adhesion of the zinc coating to all wire shall be such that, when wrapped around a mandrel in accordance with ASTM A 641-89, the zinc coating will not crack or flake to such an extent that any zinc can be removed by rubbing with the bare fingers. Elongation of Wire Elongation tests shall be made on the wire before fabrication of the gabions. The sample size shall be at least twelve inches long. TS-8-3 I I I I I , I: i I: I' I I I: I I I Ii I I I I Elongation shall not be less than 12%, in accordance with the requirements of ASTM A 370-92, Standard Test methods and Definitions for Mechanical Testing of Steel Products. D. Lacing Wire Sufficient lacing and connecting wire shall be supplied with the gabions for all wiring operations carried out in the construction of the gabion work. The nominal diameter of lacing wire shall be 0.0866 inches. it shall be PVC coated when used with PVC coated gabions and shall comply to the same specification as the wire used in the mesh. E. Fasteners Rings may be used for initial -assembly of gabions. Rings shall be supplied with the same zinc coating as the mesp and the wire diameter of the rings shall be the same as the mesh. The wire used for the rings shall be coated in accordance with ASTM A 641-89. The Coating weight shall be per ASTM A 90-81, also ASTM A 764, Oass II, Typ~ III. Tensile strength to be determined as per ASTM E 8/MTP 2004. Spacing of the fasteners shall not exceed six (6) inches for Box Gabions and four (4) inches for Sack or mattress Gabions. Rings utilized in conjunction with PVC coated gabions shall be stainless steel. F. Selvedges All edges of the gabions including end-panels and diaphragms, shall be mechanically selvedged in such a way as to prevent unraveling of the mesh and to develop the full strength of the mesh. The wire used for the selvedge shall have a diameter greater than that of the wire to form the mesh. G. P.V.c. Coating Where PVC coated gabions are called for all wire used in the fabrication and in the wiring operations during construction shall, after zinc coating have extruded onto it a coating of poly vinyl chloride, otherwise referred to as "P.V.C.". The coating shall be grey in color of nominal thickness 0.02165 inches and shall nowhere be less than 0.015 inches in thickness. It shall be capable of resisting deleterious effects of natural weather exposure, immersion in salt water and shall not show any material difference in its initial characteristics which are: TS-8-4 I I I 1 I' i ! I: I I I: I 1 I: 1 I: I If I 11 I: 1 I 1) Initial Properties of PVC Used in Coating a. Specific. Gravity Shall be 1.30 to 1.35 kgIDm3, in accordance with ASTM D 2287-81, Table 1 when tested as specified in ASTM D 792-66 (79). b. Durometer Hardness Shall be 50 to 60 Shore D, in accordance with ASTM D 2287- 81, Table 1 when tested as specified in ASTM D 2240-81 (ISO 868 1976). c. Volatile Loss At 1050C for 24 hours = shall not be higher than 2% At 1050C for 240 hours = shall not be higher than 6% in accordance with ASTM D 2287-81 when tested as specified in ASTM D 1203-67 (81) (ISO 176-1976). d. Tensile Strength Shall not be less than 210 Kg/cm2 in accordance with ASTM D 412-83. e. Elongation Shall not be less than 200% nor higher than 2800 in accordance with ASTM D2287-81 when tested as specified in ASTM D412- 83. f. Modulus of Elasticity at 100% of Elongation Shall not be less than 190 KG/cm2 when tested as specified in ASTM D 412-83 g. Resistance to Abrasion The loss of weight shall not be more than 0.19 g in accordance with ASTM D 1242-56 (81). TS-8-5 I I 1 I I I I I 1 I I I I I I I' .1 I' 1 1 I I h. Brittleness Temperature Cold bend temperature = shall not be higher than -300e in accordance with BSS 2782-104A (1970). Cold flex temperature = shall not be higher than + 150C in accordance with BSS 2782-150B (1976). 1. Cr~eping Corrosion Maximum penetration of corrosion of the wire core from a square cut end shall be 25 mm when the specimen has been immersed for 2000 hours in a 50% SOLUTION He1 (hydrochloric acid 12 Be). 2) Variation. of the initial properties will be allowed, as specified hereunder, when the specimen is submitted to the following accelerated aging tests: a. Salt Spray Test According to ASTM B 117-73 (79) Period test - 1500 hours. b. Exposure to Ultraviolet Rays According to ASTM D 1499-64 (77) and ASTM G 23-81 using apparatus type E or as otherwise approved. Period of test = 2000 hours at 630e or as otherwise agreed c. Exposure at High Temperature According to ASTM D 1203-67 (81), (ISO 176-1976), and ASTM D 2287-81. Period of test = 240 hours at 1050e TS-8-6 I I , I - . I I , I 1 I I I I , i I I , I I , I I I I I I 3) After the above tests have been perforined the P.V.C. compound shall show the following properties: a. Appearance of Coated Mesh The vinyl coating shall not crack, blister or split and shall not sh<?w any remarkable change in color. b. Specific Gravity Shall not show change higher than 6% of its initial value. c. Durometer Hardness Shall not show change higher than 10% of its initial value. d. Tensile Strength Shall not show change higher than 25% of its initial value. e. Elongation Shall not show change higher than 25% of its initial value. f. Modulus of Elasticity Shall not show change higher than 25% of its initial value. g. Resistance to Abrasion Shall not show change of more than 10% of its initial value. h. Brittleness Temperature Cold Bend Temperature = Shall not be higher than -200C. Cold Flex Temperature = Shall not be higher than + 180C. TS-8- 7 I I I I I I I i I I I I I I I I I I I I I I I -03. CONSTRUCTION: The work shall be constructed ill accordance with the Plans and the followingrequirements: 1. Excavation. Excavate as required to place the baskets. Remove unsuitable material below the bottom of baskets and replace with acceptable material. Thoroughly compact the entire foundation and finish to a firm, even surface, free of vegetation, large stones, and other debris, with depressions filled. Dispose of unsuitable or exCess material. 2. Placement of Plastic Filter Fabric. The woven plastic filter fabric shall be placed in the manner and at the locations indicated on the Plans. The surface to receive fabric shall be' prepared to a relatively smooth condition free from obstructions, depressions, and debris. The fabric shall be placed with the long dimension running up the slope and shall be placed to provide a minimum number of overlaps. The strips shall be placed to provide a minimum width of 1 foot of overlap for each joint. The filter fabric shall be anchored in place with securing pins of the type recommended by the fabric manufacturer. Pins shall be placed on or within 3 inches of the centerline of the overlap. The fabric shall be placed so that the upstream strip will overlap the downstream strip. The fabric shall be placed loosely so as to give and therefore avoid stretching and tearing during placement of the stones. The fabric shall be protected at all times during construction from clogging due to clay, silts, chemicals, or other contaminants. Any contaminated fabric shall be removed and replaced with uncontaminated fabric at no expense to the Owner. Any fabric damaged during its installation or during placement of gabions shall be replaced by the Contractor at no additional cost. 3. Gabions. Assemble each gabion by binding the vertical edges together with lacing wire or ring fasteners. The lacing wire procedure consists of cutting a length of lacing wire approximately 1-112 times the distance to be laced, securing one end of the wire at the corner by looping and twisting, alternately lacing with single and double loops every other mesh opening at intervals of not more than six (6) inches for Box Gabions and four (4) inches for Sack and Mattress Gabions, and securing the other, end of the wire to selvedges by looping and twisting. Fill the gabion with the specified aggregate. When filling baskets, use a standard fence stretcher, chain fall, tie wires, or iron rod to stretch the baskets and to maintain alignment. Carefully place aggregates in the baskets, making sure the sheathing is not broken or damaged. After a basket has been filled, bend the lid over until it meets the sides and eqges. Secure the lid to the sides, ends and diaphragms, using lacing wire or fasteners in the manner specified for assembling. TS-8-8 I I. I I .1 I I I I I I I 1 I , I I I I I I I -04. MEASUREMENT: 1. Box or Sack Gabions - Box or Sack Gabions will be measured by the cubic yard in place and accepted. 2. Mattress Gabions - Mattress Gabions will be measured by the square yard 'for the ~ckness specified on the Plans, in place and accepted. 3. Aggregate - Aggregate used in constructing the gabions will not be measured separately for payment. -05 P A Yl\1ENT: 1. Box or Sack Gabions -Box or Sack Gabions, complete, in place and accepted, will be paid for at the lump sum price bid for Box or Sack Gabions which payment shall be full compensation for all materials, labor, equipment, and incidentals necessary to complete the work. 2. Mattress Gabions - Mattress Gabions, complete, in place and accepted, will be paid for at the lump sum price bid for Mattress Gabions which payment shall be full compensation for all materials, labor, equipment, and incidentals necessary to complete the work. TS-8-9