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Home My WebLink AboutS.R.56 @ Phinizy Road Intersection Improvement Augusta Richmond GA DOCUMENT N~ME S ~ . 5G> ~Th\ n\-z-L\ ~aod ,:C n-\-eY"'Sec.-\-l on ~rnvyo Y-eYY'sif)\"-S DOCUMENT TYPE: ~orr\-r-ac..t YEAR: I~ 10] <c- BOX NUMBER: ~ FILE NUMBER: '13i 8' 0 NUMBER OF PAGES: /2') , I I I ' I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS FOR S.R. 56 @ PHINIZY ROAD' Ir~TERSECTION IMPROVEMENTS PROJECT NO. 55-8692-096 GA. D.O.T. PROJECT #: PRLOP-8530-53(245) I I I I I I I I I I I I I I I I I I I LIST OF PROJECT DOCUMENTS S. R. 56 @ Phinizy Road Intersection Improvements Project Number: 55-8p92-096 SECTION PAGES Instruction to Bidders IB-l thru IB-3 Ge,orgia Prompt Pay Act PPA-l Minority and Economically Disadvantaged Business Support Special Conditions ME-l SP-l A-l thru A-4 1 thru 33 SC-l thru SC-2 P-l thru P-3 G-l thru G-13 TC-l thru TC-23 CC-l thru CC-33 1 thru 6 Ag:reement General Conditions Supplementary Conditions Proposal General Notes Traffic Control County Contract Specs. Plans I I I I I I I I I I I I I I I I I I I SECTION IB INSTRUCTION TO BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time 'stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of t:ne 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 lprior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-1 I I I I I I I I I I I I I I I I I I I IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must he 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 I' 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 (~otations on all items are not required, bidders shall inser1: the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submi1:ted 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 SE!Cretary thereof who will affix the corporate seal to the propoHal. NOTE: A 10% Bid Bond is required in all cases. IB-OS BASIS OF AWARD The bids will be compared on the basis of unit pricef;, 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 dE~scribed 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 nClt guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extemdon of prices in a proposal, unit bid prices shall govern. IB-2 I I I I I I I I I I I I I I I I I I I IB-06 BIDDER'S OUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by 'the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working I capital- available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as arle deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to compl,ete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-O? PERFORMANCE BOND At the time of entering into the contract, the Contr,actor 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 contr,act, 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 lnay accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-OS REJECTION OF BIDS These proposals are asked for in good faith, and award:s will be made as soon as practicable, provided satis:factory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all propo:sals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-3 I I I I I I I I I I I I I I I I I I I GEORGIA PROMPT PAY ACT This contract is intended by the parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O. C. G. A. Section 13-11-1, et seg. In the event any provision of this Contract is inconsistent with any provision of the Prompt Pay Act, the provision of this contract shall control. NOTICE All rE~ferences 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". DISPOSALS Prior .to any material from this project being wasted or otherwise disposed of outside the proj ect limits the Contractor shall furnish the Engineer a copy of written permission, signed by the property owner (or his authorized agent) describing the estimated amount and type of material to be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other such materials are to be wasted on the property, a copy of the owner's inert landfill permit, issued by the Environmental Protection Division shall be furnished to the Engineer prior to any such waste being removed from the project. In all cases, regardless of the material being wasted, a grading permit issued by Augusta-Richmond County must be furnished to the Engineer. PPA-1 I I I I I I I I I I I I I I I I I I I MIllORITY 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 equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders shall include with their bid a stab~ment of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the :Eirm does not fall into this category, no information is nece:;sary. ME-l I I I I I I I I I I I I I I I I I I I S. R. 56 @ PHINIZY ROAD INTERSECTION IMPROVEMENTS Project Number: 55-8692-096 SPECIAL CONDmONS SCOPE: This project includes decel, accel and turn lanes, and traffic signal installation in accordance with the specifications and plans. The Contractor, shall supply all materials, equipment, labor and supervision necessary to properly complete this project. TERMINI AND LENGTH: (See Plans) LUMP srn~ CONSTRUCTION: Item Number 230-1000 Lump Sum Construction includes, but is not limited to, the following: Remove brick columns/wall, transition tie-ins, clearing and grubbing, locating, maintaining and reclaiming disposal and/ or borrow areas, construction staking, removals and relocations not covered by a separate pay item, excavation, borrow, sawing pavement, removing and resetting of other work obstructions, and any other work not covered by a specific pay item. TRAFFIC SIGNAL INSTALLATION: The Contractor shall bid on Item Number 647-1000 and said bid price shall include all required materials, labor and supervision necessary to accomplish the traffic signal installation. It is the Contractor's responsibility to coordinate all phases of the Traffic Signal installation with Augusta-Richmond County Traffic Engineering and Augusta-Richmond County's Construction Inspector. SP-1 I I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT THIS P..GREEMENT, made on the _ day of 19_ by and betwee!n Auqusta-Richmond County Commission-Council party of the first part, hereinafter called the OWNER, and Beam's Pavement Maintenance Company. Inc party of the second part, hereinafter called the CONTRACTOR. WITNES:SETH, 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: S. R. 56 @ Phinizy Road Intersection Improvements Project Number: 55-8692-096 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 125 calendar days with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. A-1 I I I I I I I I I I I I I I I I I I I IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contrac t for c()mpleting the work. The said amount is fixed and agreed upon by and betwel~n the Contractor and the Owner because of the imprac::ticability and extreme difficulty of fixing and ascer1:aining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by thl~ 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 essenc::e 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 Propo:;al and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached heret(). (b) Proqress Payment On no later than the fifth day every month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 I I I I I I I I I I I I I I I I I I I ARTICI~E 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 accep1:able under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signa1:ure, stating that the work required by this Contract has been completed and is accepted by him under the terms and condi1:ions 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 indeb1:edness of liens of evidenc.e of payment of all such dispu1:ed 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 unset't:led. (d) If after the work has been substantially compIE!ted, full completion thereof is materially delayed throu9h no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balanc:e due for that portion of the work fully completed and accept:ed. Each payment shall be made under the terms and condit:ions governing final payment, except that it shall not constitute a waiver of claims. A-3 .. (' Gt&\T iWERlC-\N INSURANCE COMPANY Bond No.3 97 34 20 OHIO CAUTION: You should use an original AlA document which has this caution printed in red, An original assures that changes will not be obscured as may occur when documents are reproduced, PERFORMANCE BOND The American Institute of Architects, A,I.A, Document No, A311 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Beam's Pavement Maintenance Company, Inc. P.O. Box 398, Beech Island, South Carolina 29841 as Principal, hereinafter called Contractor, and, (Here insert full name and addrass or legal title of Surety) GREAT AMERICAN INSURANCE COMPANY 580 Walnut Street, Cincinnati, Ohio 45202 as Surety, hereinafter called ~iurety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Augusta-Richmond County Commission-Council 530 Greene Street, Augusta, Georgia 30911 as Obligee, hereinafter called Owner, in the amount of Two Hundred Sixty six Thousand Six Hundred Fifty Nine and no/lOO---------------------------------------------------------------- Dollars ($266,659.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for S. C. 56 @ Phinizy Road Intersection Improvements Project Number 55-8692-096 in accordance with Drawings and Specifications prepared by (Hare insert full name and address or legal title of Architect) which contract is by refarence made a part hereof, and is hareinaftar raferred to as the Contract. AttornW;-in-Fact (Title), 5B 5715b ~ Performance Bond. n,ls bond Is Issued slmultaneo'C&unter signed by 11 ~. with Labor and Material Bond F.9635 - (3/82). LJ_ t;!.., _ Georgia Resident Agent Atlanta, Georgia NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor s1all promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performad Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids fc,r completing the Contract In accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointl\, of the lowest responsible bidder, arrange for Signed and sealed this day of ~fJ(,l2~ It' ii. cI-~ Revised to February. ;.970 F,9633F (11/92) a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be Instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs executors, administrators or successors of the Owner. ' 19 Inc. (Seal) GREAT AMERICAN INSURANCE COMPANY (Seal) '( Gt&\T AlVERlC-\N INSURMICE COMPANY Bond No. 3 97 34 20 OHIO CAUTION: You should use an original AlA document which has this caution printed in red, An original assures that changes will not be obscured as may occur when documents are reproduced. LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects, AlA Document No, A311 (February, 1970 Edition) THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITH FULL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESI: PRESENTS: that (Here insert full name and address or legal title of Contractor) Beam's Pavement Maintenance Company, In~. p.O. Rox 3Q8, Rpech Island, South Carol1,na 29841 as P"rincipal,nereinafter callecf Prmcipal, and, rHere insert full name and address or legal title of Surety) GREAT AMERICAN INSURANCE COMPANY 580 Walnut Building, Cincinnati, Ohio 45202 as Surety, hereinafter called ~;urety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Augusta-Richmond County Commission-Council 530 Greene Stre,=t, Augusta, Georgia 30911 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Two Hundred Sixty Six Thousand Six Hundred Fifty Nine and no/100-------------------------------------------- Dollars ($266,659.00 ), (here Insert a sum equal to at least one-half of the contract price) f!lr the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, flfTnly by these presents. WHEREAS, Principal has by written lIlimement dated 19, entered into a contract with Owner for S.C. 56 @ Phin1;~y Road Intersection Improvements Project Number 55-8692-096 in accordance with Drawing~; and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably r'lquired for use in the performance of the Contract, labor and materiel 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 Prin:ipal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been peid in full before the e:cpiration 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 nct be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: al 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 :;urety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or Signed and sealed this ~ () -I}~ (Witness) f!!.,;/~ Labor and Material Payment Bond. This bond Is Issued simultaneously with Performl.-nce Bond F.9633E - (3/82). Revised to February. 1970 " <lR~!iA ", /<17\ furnished the last of the materials for which said claim is 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 served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. bl 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 Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond, day of 19 Maintenance Inc. (Seal) (Title) (Seal) Agent GtEt\T ANERlC~ INSURMICE CDMPJ\NY"" 580 WALNUT STREET. CINCINNATI. OHIO 45202.513-369-5000. FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 015943 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attomey-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability ofthe said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power BARBARA H. REGIS'IER ALVIN T. MILLER THOMAS M. ALBUS This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMP ANY has caused these presents to be signed and attested by its appropriate officers lLnd its corporate seal hereunto affixed this 5th day of February , 1998 Attest GREAT AMERICAN INSURANCE COMPANY ALL OF COLUMBIA, SOurn: CAROLINA ALL UNLIMITED STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 5th day of February, 1998 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Ce.mpany, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FUR THER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract 0," suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the on.,!inal signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect 8.!: though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and se,aled this day of 510295 (11/97) .. 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'......",.... ,'....,.........,.....,.,.........................".................,..:..................:..:.":....,..", ,................:....{.:.:.....:': ,.','". ,', .." ..", '.'., ..', .... ::,....:..' 6 /23 / 9 B ",: "mJ~ V C;tt~ g-l(t6 ~ F~SR~SW8D R(G~tS M~:J~R FJE CER',.'iFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPANIES AFFORDING CO VERAGE INC, PR'ODUCER' DAV I S-GARV I N AGENCY, P. 0, BOX 21627 COLUMBIA, SC 292~1 903-732-0060 INSURED COMPANY A CAPITAL CITY INSURANCE CO, COMPANY Beam's Pavement Maintenance Co , I nc p, 0, Bo x 399 Beech Island, SC 29941 I :CPV~R~9t;~:..n .'. . " ."...;Hi......,:..H '.' .... .'...... . '. ," ... , THISIS I OCERTIFY T HA T THE POllCIESOF INSURANCE LIS T EDBELOWHA VE BEEN ISSuED TO T HE INSURED NAMED ABOVE FOR T HE POLICY PERIOD INDICA TED,NOTWITHST ANDINGANYREOUIREMENT, TERMORCONDITIONOF ANYCONTRACT OROTHERDOCUIv1ENT WITHRESPEC IT OWHICHT HIS CER IIFICA T E MA Y BE ISSuED ORMA Y PERT AIN, T HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE IERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS 8 THE HARTFORD INSURANCE GROUP COMPANY c COWPANY D CO LTA TYPE Of INSUR ANCE POLICY NUMBER POLICY EffECTIVE POLICY EXPIRATION OATE (MMIDDIYY) DATE (MMIDD/YY) LIMITS GENERAL AGGREGA IE S 2000000 4/01/99 4/01/99 PRooucrS,COMP/OP AGG S 1000000 PERSONAL 8. ADV lli.WY S 1000000 EACH OCClJ1RENCE S 1000000 FIRE DAMAGE (Anyone lire) S 300000 MED EXP (Anyone pe,son) S 10000 COM8H~ED SINGLE L1MIl S 4/01/99 4/01/99 1000000 800IL Y I NJURV S (Per person) 800IL Y INJURY S (Per accidenl) PROPERlY DAMAGE S AUIO ONLY EA ACCIDENT S OIHER THAN AUIO ONLY.. I::": EACH ACCIDENT S AGGREGATE S EACH OCCURRENCE S 5000000 4/01/99 4/01/99 AGGREGA TE S 5000000 s X I SIATUIORY L110111S I.......,... 4/01/99 4/01/99 EACH ACCIDENT S 500000 DISEASE, POliCY L1MIl S 500000 DISEASE ' EACH EMPLOYEE S 500000 4/01/99 4/01/99 S200,OOO, L i m it $500 Deduct ible GENERAL LIABILITY f--- B X COMMERCIALGENERALl.IA81L1!Y 22UUNBD7364 pO CLAIMS MADE~] OCClJ'l OWNER'S 8. CONIRACIO~.S PROI I-- f--- AUTOMOBILE LIABILITY f--- B ~ ANY AurO 22UENBD7441 '-- ALL OwNED Auros SCHEDULED AUIOS HIRED AUIOS NON,OWNED AUIOS - Ji. Ji. - GARAGE LIABILITY - ANY AUro - - I!:XCESS LIABILITY B Xl UMBRELLA FORM I 01l-i:R IHAN uMBRELL.I FORM WORKERS COMPENSATION ,IND EMPLOYERS' LIABILITY Tt-€ PROPRIEIORI ~~ PARJNERS/EXECUIIVE INCL eFFICERS ARE.. EXCL OTHER 22XHUBE 0 9 53 A WC05035 B Leased/Rented Equipment 22MSBE 1529 DESCRIPTION Of OPERATIONSILIlCATlONS VEHICLESISPECIAL ITEMS Re: S,R, 56 @ Phinizy Road Intersection Improvements Project Number: 55-9692-096 :.cE~Jlf'.cArl;::HHp.f0~~"":.' ....... ..' .. ..'.......... ,... :>\:..'::%~,NPg@/ff:l9:W:."i ,."...... ',: ..'.'...~ SHOULD ^NY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEfORE THE EXPIRATION DATE THEREor, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIfiCATE HOLDER NAMED TO THE LEfT, AU9usta-Richmond County Commission-Counci I 530 Greene Street Augusta, Geor9ia 30911 I :Aqq8.9~g~l~I~~) .'. BUT fAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AZ2~NT:TJ/fl~ 500122000 ..'r ..,....,\.....,., . .,..,....,.',...'~.r:s;A~~ffp:QQ6.NMAn!=\HJU!? .. ,'.,:....:. I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be dee,med an original, in the year and day first mentioned above. AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL (Owner) tJJt:, ~'~ SEAL ~tet~... 7 ~ retar. . YJr1A.(Y t.J 'fnfh~ Witne:f) Richmond County Commission-Council By: s Pavement Maintenance any, Inc SEAL t~L~ ecretary ~~ (j~ Witnes:; Address: 'l> D &<0'1- ~q1? ~~cu..h 'I..~\O..J, Sl ~9~H~ A-4 I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title ., DEFINITIONS. '. .. '......,.. ".,."..............'.... , '........... PRELI~lIN AR Y MA TIERS ..".....".......".....,.............. 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 ..,........... CHANGES IN THE WORK................... .......... ...........' CHANG E OF CONTRACT PRICE, , , , . .. , , . , , . , , ., . , , , , . . . . , . . . . . . . CHANGE OF CONTRACT TIME ,..".,.,...........,.....,.....,., WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK. . . . . . . . ., . . , . . . . , , . . . . . . . . PA YMENTS TO CONTRACTOR AN D COMPLETION ,'.......... SUSPENSION OF WORK AND TERMINATION,...... .......... ARBITRATION.".,...,............,....... ............,..,........ ~lISCELLAN EOUS . . . . , . , . , , , . , . , . . . . . . . . . , .. . . .. . . . .. . . . . . .. , " . .. 3 4 5 6 7 8 9 10 II I:! 13 14 15 16 17 3 Page 8 9 10 II 14 18 19 19 21 21 24 24 26 29 31 32 I I INDEX TO GENERAL CONDITIONS I Anide or Paragraph Number Acceptance of Insurance ............................. 5.13 Access to the Work .,................................ 13.2 Addenda-4efinition of (see definition of Specifications) ....,............................,...... 1 Agreement~efinition of ................................ 1 -All Risk Insurance... , . . :: . .. .. . . . . .. .. . . . . ...... . .. ... 5.6 Amendment. Written '............................ 1. 3.1.1 Application for Payment~efinition of ."............... 1 Application for Payment. Final ...................... 14,12 Application for Progress Payment .................... 14.2 Application for Progress Payment-review of .... 14.4-14.7 Arbitration ..........".................................. 16 Authorized Variation in Work ......................... 9.5 Availability of Lands ,...............................,. 4.1 Award. Notice of --:lei in cd .............................. 1 I I I I I Before Staning Construction ...................... :.5-2. i Bid--Jefinition of ....................................... I Bonds and Insurance--in general ........................ 5 Bonds-definition of , . .. . .. . .. . .. . . . . .. . . . .. . . . .. .. . . .. .. 1 .Bonds. Delivery of ............................. _. 1.1. 5.1 Bonds. Performance and Other .................... 5.1-5.1 I I Cash Allowances ....,............,.....,............. 11.8 Change Order--:lefinitl.on of ............................. I Change OrdeTS-{o be executed ...................... 10.4 Changes in the Work ................................... 10 Claims. Waiver of -on Final Payment ............... 14.16 Clarifications and Interpretations ...................... 9,4 Cleaning ...............,..............,.,............ 6.1 j Completion . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ] 4 Compietion. Substanti.ll ..................... .... 14.8-14,9 Conference. Pre::onstnlction ..,..........',........... :.8 Connic:. Error. Dlscrel'ancy-Contractor to Repon ".'"....."...............'......... ~.5. 3..3 Construction Machinery. Equipment. etc. .....,....... 6A Continumg WorK ..................................... 6.19 Contract Documents-amending and supplementing ".......... ....................... 3.4-3.5 Contract Documents-definition of ,...................,. I Contract Documents-Intent ,..................... .3 .1-3,3 Contract Documents-Reuse of ....................... 3.6 Contract Price. Change of '............................. 11 Contract Price-iefinit ion ............................... I Contract Time. Change ot" .............................. 1: Contract Time. Commc:ncement of .................... :.3 Contract Time-iefinil.ion of ............................ 1 Contractor~erinition of ....................,........... I Contractor May SLOp Work or Terminate ............. 15.5 Contractor's Continuing Obligation.... ,............. 14.15 Contrtlctor's Duty to R:pon Discrepancy in Documents .................................. :.5. 3.: Contrtlctor's F~~-Cost Plus ... 11..1.5.6. 11.5.1. 11.6-11.:- Contr:lctor's Liability Insurance ....................... 5.3 Contr:lctor's Responsibilities--in general ................ 6 I I I I I I I I I Contractor's Warranty of Title. .. .. .. . .. .. . . ... ... .... 14.3 Contractors--omer ... . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . .. 7 Contractual Liability Insurance ........................ 5.4 Coordinating Conuactor~efinition of ................ 7.4 Coordination ..,........................,....,......... 7.4 Copies of Documents .................................. :.: Correction or Removal of Defective Work ........... 13 .11 Correction Period. One Year.. .. .. .. . .. .. . .. .. .. . ... 13.12 Correction. Removal or Acceptance of Defective Work-in general ........................... 13.11-13.14 Cost-net decrease ................................. 11.6.2 Cost of Work .................. . . . .. . .. .. . .. . .. .. 11. 4-11.5 Costs. Supplemental. . . . . . . .. . . . . . . .. ..... .. . . .. . . .. 11.4.5 Day~efinition of ..... ... ....... .......... .... .......... 1 Defecriv~efinition of .............'..........,........ 1 Defecrive Work. Acceptance of ............... ....... 13.13 DefeCTive Work. Correction or Removal of .......... 13.11' Defecrive Work-in general ............... 13. 14.7. 14.11 Defecrive Work. Rejecting..... ........ ........ ........ 9.6 Definitions .............................................. I Delivery of Bonds ..................................... 2.1 Determination for U nit Prices ........................ 9.10 Disputes. Decisions by Engineer.. . .. . . .. .. .. . ... 9.11-9.12 Documents. Copies of ................................. 2.2 Documents. Record .......,.......................... 6.19 Documents. Reuse ..............,.....................3,6 Drawlngs--definition ot" ................................. 1 Easements ............................................ 4.1 Effective date of Agreemenl~efinition of . . . . . . . . . . . . . .. 1 Emergencies ......................................... 6.11 Engineer~efinition of ,...........,'.........."........ J Engineer's Decisions ,........................... 9. 10-9. 1:2 Engineer's-Notice Work is Acceptable............. 14,13 Engineer's Recommendation of Payment ...... 14.4. 14.13 Engineer's Responsibilities. Limitations on ................. 6.6,9.11,9.13-9.16,18.2 Engineer's Slatus During Conslruction-in general ...... 9 Equipment. Labor. Materials and.,................ 6.3-6.6 Equivalent Materials and Equipment .................. 6.7 Explorations of physical conditions.. ... .., ....... .'... 4.2 Fee. Contractor's-CoSlS Plus.....................:.. 11.6 Field Order~efinition of ............................... I Field Order-issued by Engineer ................ 3..~.1. 9,5 Final Applicalion for Payment ....................... 14.1:2 Final Inspection ..................................... 14.11 Final Payment and Acceptance ...................... ]4.13 Final Paymenl. Recommendation of ........... 14.13-14.14 General Provisions .............................. 17.3-1 i.4 Gener:ll Requiremenls-definition of . . . .. . . . . . . . . . . . . . . .' I Gener:ll Requiremenls-pnncipal references to ,'.'"."........ :.6.4.4.6.4.6.6-6.7.6.:3 ~ I I Giving Notice ........,................,.............. 17.1 Guarantee of Work-bll ContraCtor................... 13.1 Indemnification . . . . . . . , . . , . . . . . . . . . . . . . . . . .. 6.30-6.32. 7.5 I Inspection. Final ...... .............................. 14.11 Inspection. Tests and ........... '...................... 13.3 Insurance. Bonds and--in general ....................... 5 Insurance. Certificates t)f ........................... 2.7. 5 I Insurance.-:ompleted operations...................... 5.3 Insurance. Contractor's Liability ...................... 5.3 Insurance. Contractual Liability ....................... 5.4 I Insurance. Owner's Liability .......................... 5.5 Insurance. Property .. ,............................ 5.6-5.13 Insurance-Waiver of Rights .............,........... 5.11 Intent of Contract Documents ................... 3.3.9.14 I Interpretations and ClaJifications ...................... 9.4 Investigations of physical conditions. . . . . .. .. . . .. . . . , .. 4.2 I Labor. Materials and E~uipment .................. 6.3-6.5 Laws and Regulations-~efinition of .,................... 1 Laws and Reguiations--general . . . . . . . . . . . . .. . . ., . . . .. 6.14 Liability Insurance-CClntractor's ..................... 5.3 Liability Insurance-Owner's ......................... 5.5 Liens-definitions of ................................ 14.2 Limitations on Engineer's Responsibilities....,.... ............ 6.6.9.11.9.13-9.16 I I Materials and equipmem-fumished by Contractor .... 6.3 Materials and equipmem-not incorporated in Work, .............................. 14.2 Materials or equipment,-equivalent ........,.......... 6.7 Miscellaneous ProvisiollS ............................... 17 Multi-prime contracts ........ . . . . . . . . . . . . . . . . . . . . . . . . . .. i I I Notice. Giving of ............ ......... .... ............ 17.1 Notice of Acceptability of Project .........,......... 14.13 Notice of A ward~efirtition of .......................... I Notice to Proceed~etinition of ......................... I Notice to Proceed-giving of .,........................ 2.3 I I .. Or- Equal" Items ....,................................ 6. i Other contractors ..,....................................-; Other work .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- . . . . . . . .. i Overtime Work-prohi"bition of .......... ........,..... 6.3 Owner~efinition 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 to Execl;lte Change Orders............. 11.8 Owner's Liability Insurance........................... 5.5 Owner's Representativ.:-Engineer to serve as ........ 9,1 Owner's Responsibilitic:s-in general .................... 8 Owner's Separate Representative at site ,.,............ 9,3 I I I I Partial Utilization ......................,........... 14.10 Partial Utilization-.lelinition ot' ......................... 1 Partial Utilization-PfClperty Insurance............... 5.15 Patent Fees and Royall ies ..,......................... 6.12 Payments, Recommendation of ........... 14.4-1~. '7. 14.13 Payments to Cmtraclor-in general .................... 14 I I Payments to Contractor-when due ........... 14.4, 14.13 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-:Cxisting strUctures.. . , . .. . ... .. 4.2.2 Physical Condition.s-explorations and reportS ....... 4.2.1 Physical Conditions-possible document change ..... 4.2.i Physical Conditions-price and time adjustments .... 4.2.5 Physical Conditions-repon 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~efinition of ............................ I Progress Payment. Applications for. . . . . .. .. . . . . . . . . .. 14.2 Progress Payment-retainage ......................... 14.2 Progress schedule ............... 2.6.2.9,6.6.6.29. 15.2.6 Project~efinition of .......... _ . . . . . . . . . . . . . . . . . . . . . . . .. I Project Representation-provision for .........,...".. 9.3 Project RePTesentative. Resident~efinition of ,......... I Project. Starting the ................................... 2.4 Property Insurance ............................... 5.6-5.13 Property Insurance-Partial Utilization ............... 5.15 Property Insurance-Receipt and Application of Proceeds ..............,........,........... 5.12-5.13 Protection. Safety and ........................... 6.20-6.21 Punch list ........................................... 14.11 Recommendation of Payment.................. 14.4. 14.13 Record Documents ................................... 6.19 Reference Points ...................................... 4.4 Regulations. Laws and ............................... 6.14 Rejecting Defective Work ............................. 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not Exclusive ............................. 17 A Removal or Correction of Defective Work ........... 13.11 Resident Project Representative~efinition of ,........ .. 1 Resident Project Representative-provision for........ 9.3 Responsibilities. Contraclor's-in general ............... 6 Responsibilities. Engineer's--in general ................. 9 Responsibilities. Owner's-in general..............,..... 8 Retainage ............................................ 14.2 Reuse of Documents .................................. 3.5 Rights of Way ......................................... 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...................... 2.6.2.8-1.9.6.23. 14.1 Schedule of values ...................... 2.6.2.8-2.9. I.U Schedules. Finalizing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.9 Shop Drawings and Samples. ............ .. . . .. .. 6.23-6.28 Shop Drawings-Jefinition of , . .. . .. . .. .. ' . .. . . .. . .. .. . .. I Shop Drawings, use to approve substitutions ...................................... 6.7.3 5 I I Site. Visits to--by Enginc:er ........................... 9.2 Spccifications-definition of ,..............,............. I I Starting ConstrUction. Before..... ~ . ..... . . .. ... . ., 2.5-2.8 Starting the Project ~...."........;.............,....... 2.4 Stopping Work-by Contractor....................... 15.5 I Stopping Work-by Ownl:r .......................... 13.10 SubcoDtractor-definitio[l of ...,......................... 1 Subcontractors-in general ....................... 6.8-6.11 Subcontracts-requircci previsions .,.......... 5.11.1. 6.11 I 11.4.3 Substantial Completion-.cenification of .............. 14.8 Substantial Completion--definition of .. . . . . . . . . . . . . . . . . .. 1 Substitute or . 'Or- Equal" Items ~...................... 6,7 I Subsurface Conditions. . . . . . . . .,. .. . . . .... ..... .... 4.2-4.3 Supplemental costs ................................. 11.4.5 SupplementarY Conditions-definition of ................ 1 SupplementarY Conditions-principal I references to .. 2.2.4.2.5.1.5.3.5,6-5.8.6.3.6.13.6.23. 7.4.9.3 Supplementing Contract Documents ............... 3.4-3,5 I Supplier-definition of . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . .. 1 Supplier-principal references to .,. 3.6.6.5.6.7-6.9. 6.20. 6.24.9.13.9.16. 11.8. 13.4. 14.12 Surety-consent to payment.................. 14.12. 14.14 I Surety-Engineer has nc, duty to ..................... 9.13 Surety-notice to ....... ...................10.1.10.5.15.2 SuretY-<lualification of ........................... 5.1-5.2 Suspending Work.. by Owner ......................... 15.1 I Suspension of Work and Tennination-in general ....... 15 Superintcndent-Contra:tor's ......................... 6.2 Supervision and Superintendence.................. 6.1-6.2 I Taxes-Payment by ContraCtor....................... 6.15 Tennination-bv Contractor..........,............... 15.5 Termination-b~ Owner...........,............. 15.2-15.4 I Termination. S~spensioll of Work and-in general ...... 15 Tests and Inspections ........................... 13.3-13.7 Time. Change of Contra:t .............................. 12 I I I I I I I Time. Computation of ................................ 1 i.2 Time. Contract-definition of ............................ 1 Uncovering Work .... ............................ 13.8-13.9 Underground Facilities-definition of ........,........... 1 Underground Facilities-oot shown or indicated..... 4.3.2 Underground Facilities-pretection of ........... 4.3.6.20 Underground Facilities-shown or indicated......... 4.3.1 Unit Price Work-definition of ,......................... 1 Unit Price Work-general ................. 11.9. 14.1. 14.5 Unit Prices....................................,.... 11.3.1 Unit Prices. Detenninations for....................... 9.10 Use of Premises................................. 6.16-6.18 Utility owners .......................,.. 6. \3. 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 C1auns-on Final Payment................ 14.16 Waiver of Rights by insured panies ............. 5.10.6.11 Warranty and Guarantee-by Contractor............. 13.1 Warrantv of Title. Contractor's ....................... 14.3 Work.. Access to .........................,........... 13.2 Work-byothers ........................".....,......., 7 Work. Continuing During Disputes .....,.............. 6.29 Work. Cost of ................................... 11.4-11.5 Work--definition of ...............................,..... 1 Work Directive Change-definition of ................... 1 Work Directive Change-principal , references to ............................ 3.4.3, 10.1-10.2 Work. Neglected by Contractor ..................... 13.14 Work. Slopping by Contractor........................ 15.5 Work. Stopping by Owner....................... 15.1-15.4 Written Amendment-definition of .......,.............. 1 Written Amendment-principal references to ..................... 3.4.1. 10.1. 11.2. 12.1 6 I I GENERAL CONDITIONS I,-\RTICLE I-DEFINITIONS Wherever used in these General Conditions or in the other Conlracl Documents Ihe following terms have the meanings I indicated which are applicable to bOlh the singular and plural thereof: I AJdenJa-Wrillen or graphic)nstruments issued prior to the opening of Bids which clarify. correct or change the bidding documents or Ihe Conlract Documents. IA1!reemt'lIf- The wrillen agreement between OWN ER and CONTRACTOR covering: Ihe Work to be performed: other Contract Documents are attached to the Agreement and made a part Ihereof as provided therein, I Applic(/rioll flJr Paymem- The form accepted by ENGI- NEER which is to be used by CONTRACTOR in requesting I progress or final payments and which is to include such sup- porting documentation as is required by the Conlract Documents, I Bid-The otTer or propo:;al of Ihe bidder submilled on the prescribed form selling forth the prices for the Work to be performed, I Bonds-Bid. performanc:e and payment bonds and other instruments of securit y. Change Order-A docurr,ent recommended by ENGINEER. I which is signed by CONTRACTOR and OWNER and autho- rizes an addition. deletion or revision in the Work. or an adjustment in the Contral:t Price or the Contract Time. issued I on or after the Effecti\"e Date of the Agreement. I COllrrt/cr DOCUlllt'llrs- The Agreement. .-\ddenda I which per- tain to the Contract Documentsl. CONTRACTOR's Bid I including documentation accompanying the Bid and any post- Bid documentation submitted prior to the Notice 'of Award) when allached as an eX,libit to the Agreement. Ihe Bonds. these General Conditiom,. the Supplementary Conditions. the Specifications and the Drawings as the same are more spe- cifically identified in the .,-\greement. together with all amend- ments. modifications atld supplements issued pursuant to paragraphs 3A and 3.5 llO or after the Effective Date of the Agreement. I I I C Vlllwel Priet'- The moneys payable by OWN ER to CON- TRACTOR under the Contract Documents as stated in the Agreemenl lsubject 10 the provisiuns of paragraph 11.9.1 in Ihe case of Unit Price Work). I COlllraer Tillie-The number of Jays (computed as provided in paragraph 17.2) or Ihe: dale staled in the Agreement for the completion of (he Work. I CONTRACTUR- The rerson. firm or corporation with whllm OWNER has enten:d ino the A~reement. I d/!fecri\'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 10 in the Contract Documents. or has been damaged prior"to ENGINEER's recommendation of final payment I unless responsibililY for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10), Drall"illgs- The drawings which show Ihe: character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are refe:rred to in the Con- tract Documents. E!fecri\'/! Date of rlre A.s:reemellf- The date indicated in the Agreement on which it becomes effective:. but if no such date is indicated it means the date on which Ihe Agreement is signed and delivered by the last of the two parties 10 sign and deliver. E.VGINEER~ The person. firm or corporation named as such in the Agreement. Field Order-A wrillen order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does nOI involve a change in the Contract Price or the Contract Time. Gl!lIeral Requiremellfs-Sections of Division I of Ihe Speci- fications. LOII's and Regulations: Lall's or Regulations-Laws. rules. regulations. ordinances. codes and/or orders. Nvrice of A lI'ard- The wrillen 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 dc:iiver the: Agreeme:nt. ,\ivliee to Proceed-A wrillen notice given by OWNER to CONTRACTORtwith a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start 10 perform CONTRAC- TOR'S obligations under the Contract Documents. OWNER-The: public body or authority. corporation. asso- ciation. firm or person with whom CONTRACTOR has entered into the Agreement ond for whom the Work is to be provided. Parrilli vrili:lIrivlI-Placing a portion of the Work in se:n'ice for the purpose for which it is intended (or a related purpose) be:fore reaching Substantial Completion for all the Work. Pn~ieCf- The lotal construction of which the Work to be provided under the Contract Documents may be the whole. ora part as indicaled elsewhere in the Contract Documents. R.'sidellf Pr"je("( Repre.H'IIft/ri\'e- The authorized represen- tative of E;..lGIN EER who is assigne:d to the site: or any part t he:reof. 7 I I Shop Drawings-All d.rawings. diagrams. illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR tll illustrate some portion of the Work and all illustrations, brochures, standard schedules. pcrfor- mance charts, instnlcti<lns,-diagrams and other information prepared by a Supplier and submitted by CONTRAcrOR to illustrate material or equipment for some portion of the Work. I I I Sp~cifications-Those ponions of the Contract Documents consisting of written tl:chnica1 descriptions of materials, equipment. conStnlcUotl systems. standards and workman- ship as applied to the WClrk and cenain administrative details applicable thereto. I Subcontractor-An individual. firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a pan of the Work at the site. I Substantial Compi~tion-.The Work (or a specified pan thereot) has progressed to the point where, in thc opinion of ENGI- NEER as evidenced by ENGINEER's definitive cenificate of Substantial Completion, it is sufficiently complete. in accordance with the Contract Documents. so that the Work (or specified pan) can be: utilized for the purposes for which it is intended; or if there be no such certificatc issucd. when final payment is due in al:cordance with paragraph 14.13. The terms "substantially completc" and "substantially com- pleted" as applied to anJ Work refcr to Substantial Comple- tion thereof. I I I I Supplem~ntary Conditions-The pan of the Contract Docu- ments which amends or supplements these General Condi- tions. I Supplier-A manufacturcr. fabricator. supplier. distributor. materialman or vendor. I Vnd~rgrollnd Facilities--AJ} pipelines. conduits. ducts. cables. wires. manholcs. vaults. tanks, tunnels or other such facilitics or attachments. and an~ encasements containing such facil- ities which havc becn in!;talled underground to furnish any of the following services or matcrials: clectricity, gascs. steam. liquid petroleum produc:ts, telcphonc or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or water. I I Unit Price Work-Wod: to be paid for on thc basis of unit prices. I W ork- Thc entire completed construction or the various sep- arately identifiable pans thereof required to bc furnishcd under the Contract Da<:umcnts. Work is thc result of per- forming scrviccs. fumis t\ing labor and furnishing and incor- porating materials and c:quipment into the construction. all as required by the Contract Documents. I I Work Dir~ctiv~ Change--A writtcn directive to CONTRAC- TOR. issued on or after the Effective Date of the Agrcement and signcd by OWNER and rccommcnaed by ENGINEER. I ordering an addition. dclction or revision in the Work, or responding to differing or unforeseen physical canditions UDder which thc Work is to bc performed as provid~d in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directivc Change may 'not changc thc Contract Price or thc Contract Time, but is cvidence that the panies expect that the changc directed or documentcd by a Work Directivc Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect. if any. on thc Contract Pricc or Contract Timc as provided in paragraph 10.2. Wrill~n Am~ndm~nr-A writtcn amendment of thc Contract Documents, signed by OWNER and CONTRAcrOR on or after the Effectivc Date of the Agreement and normally deal. ing with the nonengineering or nontechnical rathcr than strict1y Work-related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MAITERS D6livery of Bonds: 2.1. When CONTRAcrOR delivers the executed Agree- ments to OWNER, CONTRAcrOR shall also deliver to OWNER such Bonds as CONTRAcrOR may be required to furnish in accordance with paragraph 5.1. Copies of DocumelllS: !.!. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably ncc- essary for the execution of the Work. Additional copies will be furnished. upon request. at the cost of reproduction. Commencement of Contract Time: l"iotice 10 Proceed: 1.3. Thc Contract Timc will commence to run on the thirtieth day after the Effective Date of thc Agreemcnt. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thiny days after thc Effectivc 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 thinieth day after the Effective Date of thc Agreement. whichever date is earlier. Suuting the Project: 2.4. CONTRACTOR shall stan to perform thc Work on the date when the Contract Time commences to run, but no Work shall be done at the sitc prior to the date on which the Contract Time commences to run. Befort Starting Construction: 2.5. Beforc undenaking cach pan of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and veriiy peninenl figures shown 8 I I thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict. error or di!;crepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGIN EER 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 di:icrepancy in the Contract Documents. unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. I I I 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for review: I I 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: I 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and I 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include: an appropriate amount of overhead and profit applicable 10 each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. I I 2.7. Before any Work at the site is slarted. CONTRAC- TOR shall deliver to OWNER. with a copy to ENGINEER. certificates land other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accord2,nce with para~raDhs 5.3 and 5,~. and OWNER shall deliver to CONTRACTOR certificates land other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7. I I I Preconsrruclion Conference: 2.8. Within twelllY days after the Effective Dale of the Agreement. but bef.Jre CONTRACTOR starts the Work at the site. a conferenc:e attended by CONTRACTOR. ENGI- NEER and lllhers as appropriale will be held 10 discuss Ihe schedules re[erred to in paragr.lph 2.6. to discuss procedures for handling Shop Drawings and other submittals and for processing .-\pplicatiuns for Payment. and to establish a working understanding among Ihe parties as to the Work. I I I FinaJi:ing Schedules: 2.9. At Ic:asllen days before submission of the first .-\pr1i- cation for Pa\'ment a conference allended by CONTRAC- TOR. ENGI~EER and others as appropriate will be held 10 finaliu :hc '.:~edu,es submilled in :l\:wrdance \\'ith para- I I graph 2.6. The finalized progress schedule will be acceptable 10 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 10 ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE / nlenl: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning Ihe Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereon to be con- structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association. or to the Laws or Regulations of any governmenlal authority. whether such reference be specific or by implicalion. 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 the Agreement if there were no Bids l. except as may be otherwise specifically stated. However. no provision of any referenced standard specification. manual orcode (whether or not specifically incorporated by reference in the Contract Documenls) 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 il be effective to ~ssign to ENGINEER. or any of ENGI- NEER's consultants. agents or employees. any dUlY or authority to supervise or direct the furnishing or performanct: of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of paragraph 9.15 or 1.).16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph I.) A , 3.3. If. during tht: pcri'ormance of the Work. CONTRAC- TOR nnds a conrtict. error or discrepancy in the Contract Documents. CONTRACTOR shall so repurt 10 ENGINEER in writing al once and befort: proceeding with the Work atfected thereby shall obtain :l \\rillen interpret:ltion or c1aritication 9 I 'om ENGINEER: however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any 8>nftict. error or discrepancy in the. ContraCt Documents ~ess CONTRACTOR had a:tuaJ knowledge thereof or should reasonably have'known thereof. lnunding and Supplenunlin~' Conl1'tZCt DoclUM1W: 3.4. The Contract Documents may be amended to pro- I'de for additions. deletions and revisions in the Work or to odify the terms and conditions thereof in one or more of e following ways: I 3.4.1. a formal Wrinl:n Amendment. 3.4.2. a Change Ord,~r (pursuant to paragraph 10.4). or I 3.4.3. a Work Directive Change (pursuant to para- graph 10.11. Is indicated in paragraphs 11.1 and 12.1. Contract Price and ontract Time may only be changed by a Change Order or a Written Amendment. I 3.5. In addition. the requirements of the Contract. Docu- ments may be supplemented. and minor variations and devia. tions in the Work may be authorized. in one or more of the fOllOwing ways: 3.5.1. a field Order (pursuant to paragraph 9.5). I 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27). or I 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paI<lgraph 9.41. I Reuse of Documents: 3.6. Neither CONTRA.CTOR nor any Subconuactor or Supplier or other person (lr organization performing or fur- I n~hing any of the Work Linder a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings. Specifications or other docu. ments (or copies of any thereoO prepared by or bearing the I seal of ENGINEER: and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation 'JY ENGINEER. I I ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL CONDITIONS: REfERENCE POINTS A IIa.iUJbilily of lAMs: I 4.1. OWNER shall furnish. as indicated in the Contract Documents. the lands upon which the Work is to be per- formed. rights-of.way and easements for access thereto. and I . . such other lands which are designated for the use of CON. TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the Contract Documents. If. CONTRAcrOR 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. Explorarions 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 Slructures: 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 full respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.2.1 and 4.:.: is inaccurate. or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated. reflected or referred to in the Contract Docu- ments. CONTRACTOR shall. promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by para- graph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference. 10 I I -1,1.4. ENGINEER'J Rel'jell": E~GINEER will promptly review the pertinent condilions. determine the necessity of obtainin'~,additional explorations or lests with respect thereto and a,jvise OWN ER in writing t with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. I I 4.2.5. Possihle Document Chanf!e: If ENGINEER concludes Ihat there: is a material error in Ihe Contract Documents or that oecause of newly discovered condi- tions a change in th,: Cbntract Documents is required. a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and documenl Ihe consequences of the inaccuracy or difference. I I 4,2.6. Possible Price and Tillie Adjl/srlll/!/Ifs: In each such case. an increa,se or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereoi. will be allowable to the extent Ihat they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof. a claim may be made therefor as provided in Artic:es i I and 12. I I I Physical Conditions-CI/derground Facilities: 4.3.1. Shown or IlldicQred: The information and data shown or indicated in the Contract Documents with respcct to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENG IN EER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: I I 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or compleleness of any such information or data: and. I I 4.3.1.2. COf\ITRACTOR shall have full responsi- bility for reviewing and checking all such information and data. for locming all Underground Facilities shown or indicated in Ihe Contract Documents. for coordina- tion of Ihe Work with the owners of such Underground Facilities during construction. for the safety and pro- lection thereof as provided in paragraph 6.10 and repairing any damage Iherelo resulting from the Work. the COSI of all O!:' which will be considered as having been included in the Conlract Price. I I I 4.3.1. 'vOl Sholl'lI or ll/diccued. If an Underground FacililY is uncoverf'd or revealed at or contiguous 10 the sile which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ablv have bc:en exp,:cted to be aware of. CONTRACTOR shall. promptly after becoming aware Ihereof and before performing any Work affected Ihereby (except in an c:mer- gency as permitted tw paragraph 0.221. idenlify the owner of such Underground Facility and give written notice Ihereof to that owner and III OWNER and ENGINEER. ENGI- ~ EER will rrompl!\' review lhe L: nJergrounJ Facililv 10 I I I determine the extent 10 which the Contract Documenls should be modified 10 reflect and document Ihe conse- " quences of the existence of the Underground Facility. and the Contract Documents will be amended or supplemented to the extent necessary. During such lime. 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 Ihe Con- tract Price or an extension of the Contract Time. or both. to the extent that they are attributable 10 the e,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 10 the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4. OWN ER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary 10 enable CONTRACTOR 10 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 Orher Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds. each in an amount at least equal 10 the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under Ihe 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- lract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Fc:deral Bonds and as Acceptable Rc:insuring Com- panies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U ,5. Treasury Department. All Bonds signed by an agent mUSl be accompanied by a certified ~opy of the authority 10 act. 5.1. If the surety on any Bond furnished by CONTR.-\C- TOR is declared a bankrupt or becomes insolvenl or its righl to do business is Ic:rminaled in any state whc:re any part of 11 I Ithe Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five days tereafter substitute anothcr Bond an~ Surety. both of which ust be acceptable to OWNER. . fOnl7'tU:tDr'S Li4biJiJy lnsllrtzrlce: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is rppropriate for the Work bl:ing-pcrformcd and furnished and r will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's perfor- mance and furnishing of the Work and CONTRACTOR's lother obligations under the ContraCt Documents. whether it is to.be performcd or furnished by CONTRACTOR. by any Subcontractor. by anyone directly or indirectly employcd by lany of them to perform 01' furnish any of the Work. or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen' s compen- I sation. disability benefits and other similar employee ben- efit acts: I 5.3.2. Claims for damages because of bodily injury, occupational sickness 0 r diseasc. 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 emp.loyees: I 5.3.4. Oaims for damages insured by personal injury liability coverage which are sustaincd (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or (b) by any other person for any other reason: I 5.3.5. Claims for damages. other than to the Work itself. because of injury to or destruction of tangible prop- erty wherever located. including loss of use resulting therefrom: I I 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages bl:cause of bodily injury or death of any person or for dama,ge 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. maintenam:e or use of any motor vehicle. I The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and covc:rages provided in the Supplemen- I tary Conditions. or required by law. whichever is greater. The comprehensive genel'ai liability insurance shall include completed operations insurance. All of the policies of insur- ance so required to be purchased and maintained lor the I certificates or other evidc:nce thereoO shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled. materially changed or renewal refused until at least I I thirty days' prior written notice has been ~ven to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR lJIay be correcting. removing or replaclngdefecrive 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. CotllTactluJi Li4biJiJy I nsllrtUlCe: 5.4. The comprehensive generailiability 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 LiDbili!Y lnsruance: 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. ProJMI'fy lnsllrtlllce: 5.6. Unless otherwise provided in the SupplementarY Conditions. OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests 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 of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft. vandalism and malicious mIschief. collapse and water damage. and such other perils as may be provided in the Supplementary Conditions. and shall include damages. losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers. architects. attorneys and other professionalsl. If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar 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 parties. 12 I I 5.8. All the policies of insurance lor the certificates or other evidence thereofl required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provis:lon 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 aCI:ordance with paragraph 5.11.2. I I I 5.9. OWNER shallllot be responsible for purchasing and maintaining any property tnsurance to protect the interests of CONTRACTOR. Subcontractors or others in the Work to the extent of any deduc.tible 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 suf.fering any such loss and ifany of them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's own expense. I I I 5.10. If CONTRACTOR requests in writing that other special insurance be induded in the property insurance pol- icy. OWNER shall. if possible. include such insurance. and the cost thereof will be (:harged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Wor:( at the site. OWNER shall in writing advise CONTRACTOF~ whether or not such other insurance has been procured by OWNER. I I Waiver of Rights: 5 .11.1. OWNEF~ 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 respom,e to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. E:-JGI- :--l EER. E:--l G I}.I EER' s consultants and all other parties named as insureds ill 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 wai\'er provisions by the Subcontractor in favor of OWNER. CONTRACTOR. E:-JGINEER. ENGI- NEER's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise pay- able under any polil:y so issued. I I I I I I 5.11.2. OWNER and CONTRACTOR intend that any policies provided ill response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils co\'ered thereby. Accordingly. all such policies shall con- tain provisions 10 I he effect Ihat in the event of payment of any loss or dami\ge the insurer will have no rights llf reco\"ery against allY of the parties named as insureds llf auditional insureds. and if the insurers require separate wai\"er forms to b: signed by ENGINEER or ENGI- :--l E ER' S cllnsullan: OW'J ER willllbtain the same. and if I I I such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same. Receipt and Applicalion 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 parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced. the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as trustee shall have power to adjust and settle any toss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made. OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest. OWNER as trustee shall. upon the occurrence of an insured loss. give bond for the proper per- formance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reqcired 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 wilhin ten days of the date of delivery of such certificales to OWNER in accordance with paragraph :'.7. If CONTRACTOR has any objection to the coverage atTorded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their no~ complying with the Contract Documents. CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- lional informalion in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within Ihe time provided shall constitute acceplance of such insur- ance purchased by the other as complying with the Contract Documents. Partiill L'tili:.ation-Property Insurance: 5.15. If OWNER finds it necessary 10 m;cupy or use a portion or purtions of the Work prior to Substantial Cumple- lion of all the Work. such use or occupancy may be accom- rlisheLl in accurdance with paragraph 14.10: provided Ihat no 13 - -.. -- 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 partial use or occupancy. II II II III 11 . 11 , , , I I I I I I ARTICLE 6-CONTR~CTOR'S RESPONSIBILITIES Supervision and Sll/HrinuntUlIce: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficic:ntly. devoting such attention thereto and applying such skills and expenise as may be necessary to perform the Work ill 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 (Ithers in the design or selection of a specific means. metho,i. 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. 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. lAbor. MaJeriDls and E~'uipment: 6.3. CONTRACTOR shall provide compete~lI_ suitably qualified personnel to !,urvey and layout the Work and per- form construction as n:quired by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. E:tcept in connection with the safety or protection of persons (Ir the Work or propeny at the site or adjacent thereto. and t:xcept 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. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor. transponation. construction equipmerlt and machinery. tools. appliances. fuel. power. light. heat. telephone. water. sanitary facilities. temporary facilities 3I1.d all other facilities and incidentals necessary for the furnishing. performance. testing. start-up and completion of the Work. 6.5. All materials and equipment shall be of good quality and new. except as otherwise provided in the Contract Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including repons of required tests) as to the kind ~d 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 efTectiveto 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 or9.16. AdjllSting Prognss Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance-Ito 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. SubstilUle$ or "Or.EqlUll" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type. function and quality required. Unless the name is followed by words indicating that no substitution is permined. materials or equipment of other Suppliers ma If 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 of any license fee or 14 I I royalty. All varialions oflhe proposed substitute from that specified will be identified in Ihe application and available maintenance. repair and replacement service will be indi- cated. The application will also contain an itemized eSli- mate of all costs that will result directly or indirectly from acceptance of sue h subslitute. including COSIS of redesign and claims of other conlractors affected by the resulting change. all of which shall be considered by ENGINEER in evaluating the. proposed substilute. ENGINEER may require CONTRACTOR 10 furnish at CONTRACTOR's expense additional data about the proposed subslitute. I I I 6.7."1. If a spec:ific means. method. technique. sequence or procedure of construction is indicated in or required by Ihe Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. sequence. technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submils sufficient information 10 allow ENGINEER to d,~termine that the substilute proposed is equivalent to thai indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to Ihat orovided in paragraph 6.7. I as applied by ENGINEER and as may be supplemented in the Gen- eral Requirement~;. I 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 ENG IN EER' s prior wrillen 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 othe:: surety with respect to any substitule. ENGINEER will record time required by ENGINEER and ENGINEER',; consultants in eva:uating substitutions proposed by CONTRACTOR dnd in making changes in the Contract Docl:,ments occasioned thereby, Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultan~s for evaluat- ing each proposed substitute. I I I I I Concert/ing Subconlra,~rors, Suppliers and Olhers: 6.8.1. CONTRACTOR shall not employ an~' Subcon- tractor. Supplier OJ' other person or organization I including those acceptable 10 OWNER and ENGINEER as indi- cated in paragraph 6.8."1). whether initially or as a substi- lute. against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall nOI be required 10 employ any Subcontractor. Supplier or other person l'r organizalion 10 fumish or perform any of the Wurk against whom CONTRACTOR has reasonable objectillO. 6.S."1. If the Supplemenlary Conditions require the identity of certain :iubconlraclOrs, Suppliers or other per- sons or organizations (including those who are to furnish Ihe principal items lIf materials and equipment IlO be sui>- mined to OWNER in advance of the specified date prillr to the EfTective D~ltc of Ihe Agreemenl fur acccptance r\ I I I I I OWNER and ENGINEER and if CONTRACTOR has submilled a lisl Ihereof in accordance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance (either in writing or by failing to make wrillen objec- tion thereto by toe date indicaled for acceplance or objec- lion 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 waiver of any right of OWNER or ENGI- NEER to reject defecliI'e Work. 6.9. CONTRACTOR shall be fully responsible 10 OWNER and ENGINEER for all acts and omissions of the Subcon- tractors. 'Suppliers and other persons and organizations per- forming or furnishing any of Ihe 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 Subconlractor. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to payor to see to Ihe payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may Olherwise be required by Laws and Regulations. 6. 10. The divisions and sections of the Specifications and the identifications of any Drawings shall nOI control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be pert'ormed by any specific trade. 6. II. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds Ihe Subcontractor to the applicable terms and conditions of the Contracl Documents for Ihe 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 pursuanlto par.lgraphs 5.6 and 5.7. Palent Fees and Royalties: 6,1"1. CONTRACTOR shall pay all license fees and roy- allies and assume all costs incident 10 Ihe use in the perfor- mance uf Ihe Work or the incorporation in the Work lIf any invenlion. design. process. product or uevice which is Ihe suhject of patent rights Ilr copyrights held hy lllhers. If a particular invention. design. process. product ur device is specified in the Contract Documents for use in the perfor- mance of!he Work and if to the actual knowledge of OWNER 15 I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment cf any license fee or royalty to others. the existence of such rights shall be disclosed by OWNER in the ContraCt Documents. CONTRACTOR shall indemnify and hold harmless OWNER and .ENGINEER and anyone directly or indirectJy eDlployed 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 ~e use in the performaJl.ce 9f the Work or resulting from the incorporation in the WOI~ of any invention. design. process. product or device not specified in the Contract Documents. and shall defend all such claims in connection with any alleged infringement of such rights. I I I I I Pemrils: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- strUction pennits and lil:enses. OWNER shall assist CON- TRACTOR. when nece~:sary, in obtaining such penn its and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable at dIe time of opening of Bids. or if there are no Bids on the Efi'el:tive 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 such utility owners for c:apital costs related thereto such as plant investment fees. I I I I LAws aNi Regultu:ions: 6.14.1. CONTRACTOR shall give all notices and comply with all Law:; and Regulations applicable to fur- nishing and perfonnarlce of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. I I 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR perfonns any Work knowing or having reason to know that it is contrary to such Laws or Regulations.. and without such notice to ENGINEER. CONTRACTOR shall bear all costs arising therefrom: however. it shall not be CONTRACTOR's pri- mary responsibility to make cenain that the Specifications and Drawings are in accordance with such Laws and Regulations. I I I I Taxes: 6.15. CONTRACTOR shall pay all sales. consumer. use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the I I place of the Project which are applicable during the perfor- mance of the Work. Vft of Pnmises: 6.16. CONTRACTOR shall confine construction equip- ment. the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and pennitted by the Contract Documents and other land and areas pennined by Laws and Regulations. rights- of-way. pennits and easements. and shall not unreasonably encumber the premises with constrUction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area. or to the owner or occupant thereof or of any land or areas contig- uous thereto. resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the perfonnance of the Work. CONTRACTOR shall promptly attempt to settle with such other pany by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall. to the fullest extent pennined by Laws and Regulations. indemnify and hold OWNER and ENGINEER harmless from and against all claims. damages. losses and expenses (including. but not limited to. fees of engineers. architects. attorneys and other professionals and coun and arbitration costs) arising directly, indirectly or consequentially out of any action. legal or equi- table. brought by any such other pany 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 propeny not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor pennit any pan of any structure to be loaded in any mannerthat will endanger the structure. nor shall CONTRACTOR subject any pan of the Work or adjacent property to stresses or pressures that will endanger it. Record Docume1llS: 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 10 show all changes made during con- struction. These record documents together with all approved samples and a counterpan of all approved Shop Drawings will be available 10 ENGINEER for reference. Upon com- 16 I I pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER. I Safery and Protection: 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supelvising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary pn:cautions for Ihe safety of. and shall . provide the necessary protection to prevent damage. injury or loss to: I I I 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby: I 6.20.2. all the Work and materials and equipment to be incorporated tht:rein. 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 remJval. relocation or replacement in the course of construction. I CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary safeguards for such sHfety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may atTect them. and shall cooperate with them in the pro- tection. removal. relocation and replacement of their prop- erty. .-\11 damage. injury or loss to any property referred to in par::!graph 6.20.2 or 6.20.3 caused. directly or indirectly. in whole or in part. by CONTRACTOR. any Subcontractor. Supplier or any other person or organization directly or indi- rectly employed by any of them to pen'orm or furnish any of the Work or anyone for whose acts any of them may be liable:. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specificalions or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts eilher of them mav be liable. and not altributable. directly or indi- rectl\'. in whole or in part. to the fault or negligence of CO,,",- TRA'CTORI. CONTRACTOR's duties and responsibililies for the safety and protection of the Work shall continue until such time as i.Ill the Work is compleled and ENGI~EER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 1~,.13 that the Work is acceptable texcept as otherwise expressly provided in connection with Substan- tial Completionl. I I I I I I I I 0.: I. CONTRACTOR sh.lIl designate a respl1nsible rep- resent:llive al Ihe ,ile whose JUlv shall be Ihe rre\'ention lIt" accidents. This person shall be CONTRACTOR's superin- tendent unless other,\'ise designaled in writing by CO!\j- TR.-\CTOR 10 OW'\iER. I I Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or authorization from ENGINEER or OWNER. is obligated to act to prevent threatened damage. injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGI- NEER determines that a change in the Contract Documents is required because of Ihe 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 t see para-' graph 2.9), or for other appropriate action if so indicated in Ihe Supplementary Conditions. five copies (unless otherwise specified in Ihe 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 10 review the infor- mation as required. 6.24. CONTRACTOR shall also submit 10 ENGI;'-IEER for review and approval with such promptness as to cause no delay in Work. all samples required by the Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as 10 malerial. 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. installalion requirements. materials. catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of Ihe Work and the Contract Documents. 6.25.2. .-\t Ihe lime lIt" each submission. CONTRAC- TOR shalleive E~GINEER spe~iric wrilten notice ot"each variation thaI Ihe Shop Drawin!;s or samples may have from the requirements llf the CllOtract Documents. and. in addition. shall cause a slJecifi~ notatiun to he made on 17 I I each Shop Drawing :iubmitted to ENGINEER for review and approval of eacl'.1 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 infonnation given in the Contract Documents and shall not extend to m~lI1s. methods. techniques. sequences or procedures of constnlction (except where a specific means. method. technique. seqllence 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 sep:uate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make l:orrecUons 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';. review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any v,ariation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's aJ:tention to each such variation at the time of submission as required by paragraph 6.15.2 and ENGINEER has given wrinen approval of each such varia- tion by a specific wrinen notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for c:rrors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.:~.1. I I I I 6.28. Where a Shop Drawing or sample is required by the Specifications. any rela.ted Work pen'ormed prior to ENGI- NEER's review and approval of the peninent submission will be the sole expense ancl responsibility oi CONTRACTOR. I I ConlinuUrg the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedul.: during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements. except as pennitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwlseagree in writing. I I I niUmnifictlliDn: 6.30. To the fullest extent pennitted 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. indirc:ct or consequential (including but not limited to fees and charges of engineers. architects. attorneys and other professional!, and court and arbitration costs) aris- ing out oi or resulIing from the performance of the Work, I I I provided that any such claim. damage. loss or expense (a) is attributable to bodily injury. sickness. disease or death. or to injury to or destruction of tangible propeny (other than the Work itselO including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultants. agents or employees. by any employee of CONTRACTOR, any Subcontractor. any person or organization directly or indirectly employed by any of them to perfonn orfurnish any of the Work or anyone for whose acts any of them may be liable. the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages. compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER, ENGINEER's consultants. agents or employees arising out of the preparation or approval of maps, drawings. opinions, reports, surveys. Change Orders. designs or specifications. ARTICLE 7-OTHER WORK Rel4ud Work al Sue: 7.1. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces. have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be perfonned was not noted in the Contract Documents, wrinen notice thereof will be given to CONTRACTOR prior to starting any such other work: and. if CONTRACTOR believes that such perfor- mance wiII involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER. if OWNER is perfonning the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work. and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fining and patching of the Work that may be required to make its several parts come together properiy and integrate with such other work. CON- 18 1 I TRACTOR shall not endanger any work of others by cutting. excavallng or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the olhers whose: work will be affected. The duties and responsibilities'of CONTRACTOR under Ihis paragraph are for the benefit of sUI:h utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWN ER and such utility owners and other contractors. 1 '1 1 7.3. If any part (If C-ONTRACTOR's Work depends for proper execution or ::esults upon the work of any such other contractor or utility owner (or OWNER). CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays. defects or deficiencies in such work that render it unavailable or un~iuitable for such proper execution and results. CONTRACTOR's failure so 10 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 1 I C oordinalion: 7.4. If OWNER contracts with others for the perfor- mance of other work on Ihe Project at the site. the person or organization who will have authority and responsibility for coordination of the ~Icti\'ities among the various prime con- tractors will be idenl.ified 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 responsibilitic's 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 I ARTICLE 8-0WNER'S RESPONSIBILITIES I 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. I 8.:. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR mal.es no reasonable objection. whose sta- Ius under the Contrac:t Documents shall be that of the former ENGINEER. Any di spute in connection with such appoint- ment shall be subject 10 arbitration. I I 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promplly and shall make pay- ments 10 CONTRACTOR promplly after Ihey are due as provided in paragraphs 14.4 and 14.13. I 8.4, OWNER's c.uties in respect of providing lands and easements and providing engineering surveys to establish reference points are ~iet forth in paragraphs 4.1 and 4.4. Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of 'iub'iur1':lce conditions :lIthe site and in existing strtlC- I I tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections. lests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13.10 and 1:i.I. Paragraph IS.:! deals with OWNER's right to terminale services of CON- TRACTOR under certain circumstances. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Owner's RepresenUllive: 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 Ihe Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Sile: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe Ihe progress and quality of the executed Work and to deter- mine. in general. if the Work is proceeding in accordance with the Contract Documents. E~GINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's dforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design. profes- sional. ENGINEER will keep OWNER informed oflhe prog- ress of the Work and will endeavorto guard OWNER against defects and deficiencies in the Work. Project Represenrarion: 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in Ihe Supplementary Condilions. If OWNER designates another agent 10 represenl OWN ER at the site who is not ENGINEER's agent or employee. the duties. responsibilities and limitations of authority of such other person will he as provided in the Supplementarv Conditions. 19 I I ClDrificlZlioru cuui llltU}rreuuiDru: 9.4. ENGINEER will issue with reasonable promptness such wrinen clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGnolEER may determine necessary. which shaH be consistent W,lth or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a wrinen clarification or interpretation justifies an increase in the C'IOtract Price or an extension of the - Contract Time and the parties are unable to agree to the amount or extent therelJf. CONTRACTOR may maJce a claim therefor as provided in Anicle 11 or Article 12. I I I I AUlhoriud YarUuioru UI Wort: 9.5. ENGINEER [[lay authorize minor variations in the Work from the requirclJlents of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and arc consistent with the overall intent of the Contract Documel1ts. These may be accomplished by a Field Order and will he 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 Contract Price or an extension of the ContraCt Time and the panies are unable to agree as to the amount or extent ltlereof. CONTRACTOR may maJce a claim therefor as provided in Anicle 11 or 12. I I I I Rejecting Defective Wont: 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 orresting of the Work as providt:d in paragraph 13.9. whether or not the Work is fabricated. installed or completed. I I Shop Drawings. CJumge Onhn cuui PaymelllS: 9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive. . I I 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Articles 10. 11 and 12. I 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment. etc.. see Article 14. I DeurmilUUu,ru for Unit jrJrices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGlNEER's preliminary determinations on such matters before rendering a wrinen decision thereon (by recommen- dation of an Applicatioll for Payment or otherwise). ENGl- N EER' s written decisions thereon will be final and binding upon OWNER and CONTRACTOR. unless. within ten days after the date of any suc:h decision. either OWNER or CON- TRACTOR delivers to the other party to the Agre:ment and I I I to ENGINEER wrinen notice of intention to appeal from such a decision. DedsUJru on Dispuus: 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 perfonnance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. which ENGINEER will render in writing within a reasonable time. Wrinen notice of each such claim. dispute and other maner will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other party 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 (except any which have been waived by the maJcing 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. Li.milarioru on ENGINEER's Resporuibililies: 9.13. Neither ENGINEER's authority to aCI under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith eitherro exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor. any Supplier. or any other person or organization performing any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms "as ordered". "as directed". "as required". "as allowed". "as approved" or terms of like effect or impon are used. or the adjectives "reasonable". "suitable". "acceptable". "proper" or "satisfactory" or adjectives of like effect or impon are used to describe a requirement. direction. review or judgment of ENGINEER as to the Work. it is intended that such requirement. direction. review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). The use of any such term or adjective shall not be 20 I I effective to assign to ENGINEER any duty or authority to supervise or direct th,~ furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. I 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 nOI be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor. any Supplier. or of any ol:her person or organization performing or furnishing any of the Work. I I ARTICLE IO-CHANGES IN THE WORK I 10.1. Without inval idating the Agreement and without notice to any surety. OWN ER may. at any time or from time to time. order additions. deletions or revisions in the Work: these will be authoriZI~d 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 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent. if a:lY. of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change. a claim may he made Iherefor as provided in Article II or Article 12. I I 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by Ihe Contract Documems as amended. modified and supple- mented as provided in paragraphs 3.4 and 3.5. excepl in the case of an emergenc:1 as provided in paragraph 6,22 and except in the case of uncovering Work as provided in para- graph 13.9. I I lOA. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: I lOA. I. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1. are required because of acceptance of Jefecril'e W urk under paragrapn 13. I.~ llr correcting tit/eo;"" Work under paragraph 13. I~. or :Ire :.lgreed 10 by [he panies: I I IOA.2. changes in Ihe Contract Price or Contracl Time which are agreed t(llw [he parties: and I 10.4.3. changes in the Contract Price or Contract Time which embody the substance of any wrinen 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 Ihe provisions of the Contract Documents and applicable Laws and Regulations. but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to Ihe 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 any Bond to be given to a surety. the giving of any such notice will be CONTRAC- TOR's responsibility. and the amount of each applicable Bond will be adjusted accordingly. ARTICLE ll-CHANGE OF CONTRACT PRICE II. I. 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 Ihe 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 Ihe claim with supporting data shall be delivered within sixty days after such occurrence l unless ENGINEER allows an additional period of lime to ascenain more accurate data in suppon of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct. indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in Ihe Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise acree on the amount involved. No claim for an adjustment i~ the Contract Price will be valid if not sub mined in accordance with this paragraph 11.2. 11.3. The value of anv Work covered by a Change Order or of any claim for an in~rease or decrease in Ihe Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unil prices contained in Ihe Contract Documents. by applica- lion of unit prices 10 Ihe quantities 01 the ilems involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3. inclusive\. 21 I I 11.3.2. By mutuai 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 ill paragraphs 11.4 and 11.5) plus a CONTRACTOR's F,:e for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7). I I Cost of th~ Work: 11.4. The term Cost of the Work means Ihe sum of all costs necessarily incurred and paid by CONTRACTOR in the proper ~erfonnance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the locality of the Project. shall includ,: only the following items and shall not include any of the CClsts itemized in paragraph 11.5: I I I 11.4.1. Payroll co~;ts for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job clas:sifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time 0:11 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 fringl: benefits which shall include social security contribution~i. unemployment. excise and payroll taXes. workers' or w.orlcmen's compensation. health and retirement benefits. bonuses. sick leave. vacation and hol- iday pay applicable U:lereto, Such employees shall include superintendents and foremen at the site. The expenses of performing Work aftl:r regular working hours. on Satur- day, Sundar or legaJ, holidays. shall be included in the above to the extent a'Jthorized by OWNER. I I I I 11.4.2. Cost of ar. materials and equipment furnished and incorporated in ~;he Work. including costs of trans- ponation and storage thereof. and Suppliers' field services required in connectiol1 therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOF~ with which to make payments. in which case the cash discounts shall accrue to OWNER. All trade discounts. :iebates 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 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 not 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: I 1.4.5. I. The proportion of necessary transporta- tion, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. 11.4.5.2. Cost. including transportation and main- tenance. of all materials. supplies. equipment. machin- ery, appliances. office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all constrUction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation. loading, unloading, installation, dismantling and removal thereof-aJ1 in accordance with terms of said rental agreements. The rental of any such equipment. machin- ery or parts 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. I \.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 shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee. If. however. any such loss or damage 22 I I requires reconilruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that staled in paragraph 11.6.2. I 11.4.5.7. The cost of ulililies. fuel and sanitary facilities at the site. I 11.4.5.8. Minor expenses such as telegrams. long dislance lelephone calls. telephone service at the site. expressage and similar pelly cash items in connection with the Work, I I 11.4.5.9. CJst of premiums for additional Bonds and insurance required because of changes in Ihe Work and premiums for property insurance coverage within the limits of I.~e deductible amounts established by OWNER in aCI:ordance with paragraph 5.9. I 11.5. The term Co)st of the Work shall not include any of the following: I 11.5.1. Payrol: costs and other compensation of CON- TRACTOR's officers. executives. principals lof partner- ship and sole proprietorships). general managers. engi- neers. architects. estimators. allomeys. auditors. accoun- tants. purchasing and contracting agents. expeditors. timekeepers. c1eri~s and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- lion of the Work and not specifically included in Ihe agreed upon schedule of job classifications referred 10 in para- graph 11.4. I or spc:cifically covered by paragraph 11.4.4- all of which are [0 be considered administralive COSIS covered by the CONTRACTOR's Fee. I I I I 11.5.2. Expemes (I! CONTRACTOR's principal and branch offices oth,er than CONTRACTOR's office at Ihe site. I 11.5.3. Any part ofCONTRACTOR's capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. I 11.5.4. Cost 01:' premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract DoclJments to purchase and maintain the same (except for the cost of premiums covered by sub- paragraph 11.4,5.9 above). I I 11.5.5. Costs due to Ihe negligence of CONTRAC- TOR. any Subcontr:l~lor. or anyone directly or indirectly employed by any of i;,.:m or for \Vho~e aCls any of them may be liable ;rh:I'ldin!; but not limiled to. the correction of dt'li'( ;:, '.. '\lrl;. Jispos<ll l'f m:Hcrials or equipment wrongly ~L1. ..! ;~. ~ "1akir.g goou any damage to prop- erty. I I 11.5.6. Other o\"erhead or general expense custs of any kind and the ~osts of any item nOI specifically and expressl\" 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 COSI of Ihe Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. Ihe 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 11.4,4. 11.4.5 and 11,5: 11.6.2.4. the amount of credit 10 be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease: and 11.6.2.5. when both additions and credits are involved in anyone change. Ihe adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs t 1.6.2.1 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 to ENGINEER an itemized cost breakdown logether with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contracl Documents and shall cause the Work so covered 10 be done by such Subcontractors or Suppliers and for such sums within the limit of Ihe allowances as may be acceplable 10 ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost 10 CON- TRACTOR /less any applicable trade discounts I of mate- rials and equipment required by the allowances to be deliv- aed at the site. and all applicable laxes: and 11.8.2. CONTRACTOR's costs fur unloading and handling un the site. lahor. installation costs. overhead. profit and other l:xpenscs contemplated for the allowances have bel:n incluLled in rhe Conlract Price and no! in (he 23 I I allowances. No demand for additional payment on account of any thereof will be valid. I Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances. and the Contract Price shall be correspond- ingJy adjusted. I I Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Worle is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amowlt equal to the sum of the established unit prices for each sc:par8tely 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 2.re 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 classificaticlns of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. I I I I 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTGR' s overhead and profit for each sep- arately identified item. I I 11.9.3. Where th~ quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly frOnl 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 bc:lieves that CONTRACTOR has incurred additional I:xpense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Anic1e I] if the panies are unable to agree as to the amount of any such increase. I I I ARTICLE 12-CHANGE OF CONTRACT TIME I 12.1. The Contract Time may only be changed by a Change Order or a Written Ame:ndment. Any claim for an extension or shortening of the Contract Time shall be based on wrinen 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 oc:currence of the event giving rise to the claim and stating th,~ general nawn of the claim. Notice of the extent of the claim with supporting data shall be deliv- ered within sixty days Hfter such occurrence (unless ENGI- NEER allows an additional period of time to ascenain more accurate data in SUPPOl1 of the claim) and shall be accom- panied by the claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claim:, for adjustment in the Contract Time I I I I shall be determined by ENGINEER in accordance with para- graph 9.11 if OWN ER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submin~d in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include. but not be limited to. acts or negJect by OWNER or others performing additional work as contemplated by Article 7. or to fires. floods. labor disputes. epidemics. abnormal weather conditions or acts of God. 12.3. All time limits stated in the ContraCt Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers. architects. attorneys and other professionals and coun and arbitration costs) for delay by either party. ARTICLE 13-W ARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Wamwy tUUI Gu.tU'tUIUe: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work. whether or not in place. may be rejected. corrected or accepted as provided in this Article 13. Aec:as 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. Tens and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections. tests or approvals. 13.4.. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereot) to specifically be inspected. lested 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 wilh any inspection or le!iling required in connection with OWN- ER's or ENGINEEE's acceptance of a Supplier of malerials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereoffor incorporation in Ihe Work. The cost of all inspec:tions. tests and approvals in addition to Ihe above which an: required by the Contract Documents shall be paid by OW:\lER (unless olherwise specifiedl. I I I 13.5. All inspections. tests or approvals other than those required by Laws or Regulations of any public bodv haviOlz jurisdiction shall be performed by organizations ac~eptabl~ to OWNER and CONTRACTOR (or by ENGIl'iEER if so specified). I I 13.6. If any Work (including the work of others} that is to be inspected. tested or approved is covered without wrillen concurrence of ENCiINEER. it must. if requested by ENGI- NEER. be uncovered for observation. Such unco\"ering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice ofCONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. I I 13.7. Neither observations by ENGINEER nor inspec- lions. lests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. I I Uncovering Work: 13.8. If any Work is covered contrary to the wrillen request of E~GINEER. it must. if requesled by ENGI;-;EER. be uncovered for ENG I;-.IEER's observation and reolaced at CONTRACTOR's e:<pc:nse. ' I I 13.9. If ENGINEER considers it necessary or advisable that covered Work b,~ observed by ENGINEER or inspected or tested by other.i. CONTRACTOR. at ENGINEER's request. shall uncov:r. expose or otherwise make available for observation. inspection ~r lestinl! as ENGI~EER mal' require. Ihat portion ot Ihe Work in question. furnishing ail necessary labor. material and equipment. If it is found Ihat such Work is "<'.titeril'('. CONTRACTOR shall bear all direcl. indirecl and ~onseqllential COSlS of such unco\"enng. e.\po- sure. observation. inspection and tesling and of satisfactory reconstruction. (includinl! but not limited to fees and charl!es of engineers. architects. ;lIornc:ys and olher prufessionaisl. and OWN ER shall be entitled to an appropriate decrease: in the Contract Price. ami. if Ihe parties ure unable tll agree us to the amuunt thereo~". may make a claim therefor as provide:d in Article II. If. hl1\\ e\ er. "lIcn \\'-"1"1\ is not f,'und to t-e: de/i'erin'. C(Y\TR.-\CTOR ,hall be allowe:d an in~reuse: in lhe C'lOlract Pr;,', . " ...1 ~\~<=n,illn of the: Contra.:t Time. \'r both. Jir~ctly atll"Jl1l1labk h) such uncovering. <,:.\puslIre. obsen'ation. inspection. testing and reconstrucli,'n: and. if Ihe parties are: unar Ie: to agree as III lhe amuunl llr extent I I I I I I thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles 11 and 12. Owner May Stop the Work: 13.10. If the Work is defecr;I'e. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment. or fails to furnish or pert'orm the Work in such a way that the completed Work will conform 10 Ihe Contract Documents. OWNER may order CONTRACTOR 10 stop the Work. or any portion thereof. until the cause for such order has been eliminated: however, Ihis right of OWNER to stop the Work shall not give rise to any duty on the part otOWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11. Ifrequired 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 nondefecril'e Work. CONTRACTOR shall 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 Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the lerms 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 defecri\'e, CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written inslructions. either correct such ddecr;I'e Work. or. if it has been rejected by OWNER. remove it from the site and replace it with nonde/ecri\'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 defecri\'e Work cor- rected or Ihe 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. allorneys and other professionals} will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in conlinuous service before Substantial Completion of all the Work. the correction period for that item may start to run from an earlier date if so provided in the Specirications or by Written Amendment. .4cceplance of Defeclil'e Work: 13.13. If. inSlead of requiring correction or removal and replacemenl of dd(!eri\'l' Work. O\V~ER land. prior to ENGINEER's recommendation of final payment. also ENGINEERI prefers lOuccept it. OWNER may do 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 J:ea5onableness and to include but not be limited to fees and c:harges of engineers. architects. attor- neys and other profess:ionais). if any such acceptance occurs prior to ENGINEER'~, 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 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 Anicle II. If the acceptance occurs after such recommendation. an appropriate amount will be paid by CONTRACTOR to m~ER. I I I I I OWNER May Cornet llefectiw: Wort: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct deft!clive Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11. or if CO r-iTRACTO R fails to perform the Work in accordance with tlle Contract Documents. or if CON- TRACTOR fails to comply with any other provision of the Contract Documents. OWNER may. after seven days' writ- ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER sruill proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER may exclude CONTR.A.CTORfrom all or pan oCthe site, take possession of all or part of the Work. and suspend CON- TRACTOR's services related thereto, take possession of CONTRACTOR's tools. appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's represen- tatives. agents and employees such access to the site as may be necessary to enabh: OWNER to exercise the rights and remedies under this pctragraph. All direct. indirect and con- sequential costs of O';vNER in exercising such rights and remedies will be charged apinst CONTRACTOR in an amount approved as to reasonableness by ENGINEER. and a Change Order will be issued inl:orporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entilled 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 I I I I I I I I I I ARTICLE I~PA YMENTS TO CONTRACTOR AND COMPLETION Sch.tblU ofYablu: . 14,1, The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Appliauum for Prognss Paymenl: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month). CON- TRACfOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as oCthe date of the Application and ac:coq1panicd 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. chlU'iCS, security interests and encumbrances (which are hereinafter in these Genera! Conditions referred to as "Liens") and evidence that the materials and equipment arc covered by appropriate property insurance and other arrangements to protect OWNER's interest therein. all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's WGn1IIIty ofTidt!: 14.3. CONTRACfOR 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. R,view of Appliauions for Progress Paymlnl: ]4.4. ENGINEER will. within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation. the amount rec- ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a 26 I I representation by ENGINEER to OWNER. based on ENGI- NEER's on-site ob:iervalions of the Work in progress as an experienced and qualified design prolessional and on ENGI- NEER's review of the Application for Payment and the accompanying data and schedules Ihat the Work has pro- gressed 10 Ihe poinl indicated: Ihal. 10 the best of ENGI- NEER's knowledg(:. information and belief. the quality of Ihe Work is in act:ordance with the Contract Documents (subject to an evalu,ation of Ihe Work as a functioning whole prior to or upon Sut'stantial Completion. 10 Ihe results of any subsequent tests called for in the Contract Documents. to a final determination of quantities and classifications for Unil Price Work under paragraph 9.10. and to any other qualifi- calions stated in Ihe recommendalionl: and that CONTRAC- TOR is entitled to payment of Ihe amount recommended. However. by recommending any such payment ENGINEER will not thereby be deemed 10 have represented that exhaus- tive or continuous on-site inspections have been made to check Ihe quality or Ihe quantity of the Work beyond the responsibilities spel:itically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the panies that might entitle CONTRAC- TOR 10 be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. I I I I I I I 14.6. ENGINEER's recommendation of final payment will constitute an additional representalion by ENGINEER to OWNER Ihat the conditions precedent to CONTRAC- TOR's being entitled to final payment as set fonh in paragraph 14.13 have been ful/i1led. I I 14.7. ENGINEER may refuse to recommend Ihe 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 Ihe results of subsequent inspections or tests. nullify any such payment previously recommended. 10 such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: I I 14.7.1. the Work is defecri\'e. or completed Work has been damage? requiring correction or replacement. I 14.7.:!. the Contract Price has been reduced by Writ- len Amendment .x Change Order. I 14.7.3. OWNER has been required to correCl det(>(". ril'e Work or complele Work in accordance wilh paragraph 13.14. or I 14.7.4. Ul ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 1~:.2.9 inclusive. I OWNER may refwie to makt: payment of the full amount recommendcd by ENGIN EER because claims have been made :lgainst OWNER on account ut'CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection with l'.1e Work or Ihere are other items entitling I I OWNER to a set-off against the amount recommended. but OWNER must give CONTRACTOR immediate wrilten no lice (with a copy 10 ENGINEER) stating the reasons for such action. SubsUlntiDJ Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) ana 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 ENGIN EER does not con- sider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons Iherefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative cenificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be allached 10 the cenificate 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 cenificate or attached list. If. after considering such objec- lions. ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within founeen days after submission of the tentative cenificate 10 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. At the time of delivery of the tentative certificate of Substantial Completion ENGI- NEER will deliver 10 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 warranlies. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Subslantial Completion. ENGINEER's alore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right 10 exclude CON- TRACTOR from Ihe Work after the date of Substantial Com- pletion. but OWN ER shall allow CONTRACTOR reasonable access to complele or corrcct items on the tentative list. Partial L'li/i:.alion: 14.10. Use by OWNER of any finished part of the Work. which has specifically bt:!:n identified in the Conlracl Docu- 27 I I ments. or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable pan of the Work that (:an be used by OWNER without sig- nificant interference with CONTRACTOR's performance of the remainder of the Work. rriay 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 pan 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 reque:lt ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any lime may notify OWNER and ENGI- NEER in writing ttu~t CONTRACTOR considers any such pan 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 1 ime after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine its s;atus of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that pan of the Work to be substanlially complete. the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that pan of the Work and the division of respom.ibility in respect thereof and access thereto. I I I I I I I 14.10.:2. OWNER may at any time request CON- TRACTOR in writJ:ng to permit OWNER to take over operation of any su:h pan of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time there- after OWNER. CONTRACTOR and ENGINEER shall make an inspection of that pan of the Work to determine its status of completion and will prepare a list .of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation.. safety. maintenance. utilities. insur- ance. warranties and guarantees for that part of the Work which will becomc: 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 ENGINEERl. During such operation and prior to Substantial Completion of such part of the Work. OWNER shall allow CONTRACTOR reasonable access to completc: or correct items on said list and to complete other related Work. I I I I I I I I 14.10.3. No occupancy or separate operation of pan of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of propeny insurance. FinDl lnsp<<lion: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. F inDl App/iauio" for Paymelll: 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. material 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 orOWNER'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. FilUll Payment 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 Ihe 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- ciuion' for Payment. indicate in writing ENGlNEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. 28 I I Otherwise. ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application andaccompanyjng documentation, in appropri- ate form and substanc:e. and with ENGINEER's recommen. dation and notice of al:ceptability. the amount recommended by ENGINEER will become due and will be paid by OWNER 10 CONTRACTOR. I I I 14.14. If. through no fault of CONTRACTOR. final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms. OWNER shall. upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER. and without lerminating the Agree- ment. make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment. and if Bonds have been furnished as required in para- graph 5.1. Ihe written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted :ihall be submitted by CONTRACTOR 10 ENGINEER with I he Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment, except that it shall not constitute a waiver of claims. I I I I I Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER. nor the issuance of a cer- tificate of Substantial Completion. nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor any use or oCCUp,IOCY of the Work or any part thereof by OWNER. nor any al:t 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 defeclh'e Work b~' 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 Ihe Work in accordance with the Contract Documents lexCept a:i provided in paragraph 14.161. I I I I I Wa;~'er of Claims: 14.16, The making and acceptance or" tinal payment will consl1lute: I I 14.16.1. a wai'ler of all claims 1;1\' OWNER againsl CONTRACTOR. except claims arising from uns.:ukd Liens. from ",,-kerin' Wurk appeanng after final inspec- lillO pursuant to paragraph 14. t I or from failure II) compl\ \\ ith the Contract Dllcumenls ur the lerms of any special guarantees specilil:d therein: however. it will mH consti- tute a waiver hy OWN ER of any righls in respect l)f I I CONTRACTOR's continuing obligations under the Con- tract Documents; and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than Ihose previously made in writ- ing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may. at any time and wilhout 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 bolh. directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. Owner May Terminate: 15.2. Upon the occurrence of anyone or more of the foUowing 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 slate 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 bankruplcy or insolvency.; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors: 15.2A. if a lrustee. 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 (he purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors: 15.2.5. if CONTRACTOR admits in wriling an inabil- ity 10 pay its debts generally as they become due; 15.2.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contr.1ct Documenls 29 I I (including. but not limited to. failure to supply sufficient skilled workers or suitable malerials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as rev'ised from time to time): I I 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public: body 'having jurisdiction: 15.2.8. if CON1RACTOR disregards the authority of ENGINEER: or I 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments: I OWNER may. after gi'~ing CONTRACTOR (and the surety. if there be one) seven days' written notice and to the extent permitted by Laws and Regulations. terminate the services of CONTRACTOR. e;,cJude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools. appliances. COD!.truction equipment and machinery at the site and use the sanle 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 Worle as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contrac~: Price exceeds the direct. indirect and consequential costs of completing the Work (including but not limited to fees and ,:harges of engineers. architects. attor- neys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid bHlance. 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 10 obtain the lowest price for the Work performed. I I I I I I I I I I 15.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination 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' wriuen notice to CONTRAC- TOR and ENGINEER. OWNER may. without cause and without prejudice to any other right or remedy. elect to aban- don the Worle and terminate the Agreement. In such case. CONTRACTOR shall be paid for all Worle executed and any expense sustained plus reasonable termination expenses. which will include. but not be limited to. direct. indirect and con- sequential costs (including. but not limited to. fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs). Collll'actDr May Stop Wort or TerminlJU: 15.5. If. through no act or fault of CONTRACTOR. the Worle is ~uspended for a period of more than ninety days by OWNER or under an order of court or other public authority. or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted. or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due. then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER. terminate the Agreement and recover from OWNER payment for all Worle 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 Worle 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.J I I I 30 I I I I I I I I I I I I I I I I I I I ARTICLE 16--ARBITRATION 16.1 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu- ments or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. (The ..remainder of this page was left blank intentionally.) 31 I I I I I I I I I I I I I I I I I I I (This page was left blank. intentionally.) 32 I I ARTICLE 17-MISCELLANEOUS '1 Giving Notice: 17.1. Whenever any provIsIon of the Contract Docu- ments requires.the giving of written notice. it will be deemed eo have been validly given if delivered in person to the indi- vidual or to a member of the firm or to an officer of the corporation for wholm it is intended. or if delivered at or sent by registered or certified mail. postage prepaid. to the lase business address known to the giver of the notice. I I ComplllDlion of Time,~ 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computa- tion. I I 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. I General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or propeny because of any error. omis- I I I I I I I I I I I sion or act of the other pany or of any of the other party's employees or agents or others for whose acts the other pany is legally liable. claim will be made in writing to the other pany within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall .not. be construed. as a substitute for or a waiver of the pro- visions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to ehe 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 1 I 1 I I I I I I I 1 I 1 I I I I SUPPLEMENTARY CONDITIONS 1.1 9WNER'S LIABILITY & PROPERTY INSURANCE: Section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by Augusta-Richmond County for this project. Current insurance coverages will remain in effect for 1:he life of this Contract. 1. 2 ~~ONTRACTOR' S LIABILITY: l~s indicated under Section 5.3 of the General Conditions, the Ccmtractor's Liability Insurance shall be in an amount not less t:han $200,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and C,::mtractor' s Property Damage Insurance in an amount not less t:han $100,000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less t:han $200,000 for any such damage sustained by two or more persons in anyone accident. ~rhe 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 l;PECIAL HAZARDS: 'J~he Contractor's and his Subcontractor's Liability and property Damage Insurance shall provide adequate protection agaim;t the following special hazards: (a) Work within the right-of-ways of the Augusta-Richmond County Road System. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. SC-1 I I I 1 1 1 I I I I I I I I I I I I 1 1. 4 ~~ESTING LABORATORY: l~ll testing and laboratory work in connection therewith shall be performed by an independent fi~ and paid for by the Contractor. Copies of all test reports shall be forwarded to Augus1:a-Richmond County Public Works. There will be no separate payment for this work. 1.5 l;URVEYS: ~['he 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 follo~l1s : ~rhe contractor may submit monthly estimate for work Gompleted 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, :;ecurity interest and other encumbrances shall be attached to the payment request. 1. 7 ;E:NGINEER: All references to "Engineer" shall be interpreted to mean the Augusta-Richmond County Engineer, or his official designee. 1.8 :UNDERGROUND UTILITIES: (References 4.3, 1.4, 3.2) 'rhe Contractor shall coordinate with all utility companies through the "one call" method or other appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the Contractor's work. 1 . 9 ,SAFETY: (Reference 6.20) The Contractor shall use certified flagmen, barricades and signs as necessary to notify the public, in particular those persons driving in the vicinity of the project, of the construction and its affect on traffic. SC-2 I I I I I I 1 I I I I I I I I I I I I SECTIONP PROPOSAL Date: May 28, 1998 Gentlemen: May 26 In gsompliance with your invitation for bids dated , 19___, the undersigned hereby proposes to furnish all labor, equipment, and materials, and to perform all work for the installation of streets, and appurtenances referred to herein as: S. R. 56 @ Phinizy Road Intersection Improvements Project Number: 55-8692-096 in st:rict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached hereto and totaling: Two Hundred Sixty Six Thousand, Six Hundred Fiftv Nine and No Cents -------------------------------- DOLLARS ($ 266,659.00 The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Documents. The undersigned hereby agrees that, if 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 125 calendar days. The undersigned acknowledges receipt of the follawing addenda: Respectfully Submitted Beam's Pavement Maintenance Company, (Name of Firm) POBox 398 2335 Atomic Rd. Inc. By: Title: Greg Beam, President P-1 I I 1 I I I I I I I I I I 1 I I I I I S. R. 56 @ PHINIZY ROAD INTERSECTION IMPROVEMENTS PROJECT NUMBER: 55-8692-096 DETAIL ESTIMATE . liTEM NO. I~ -. - ... ' IIUN UNIT QTY UNll "'1<1~t: AMOUNT 150-1000 TRAFFIC CONTROL LUMP 1 5000.00 5,000.00 CONST & MAIN BALED STRAW 2.00 163-2051 EROSION CHECK LF 100 200.00 171-0010 TEMPORARY SIL T FENCE, TYPE A LF 500 1,500.00 3.00 230-1000 l.UMP SUM CONSTRUCTION LUMP 1 62100.00 62,100.00 310-5060 GR AGGR BASE CRS, 6", INCL MATL SY 1300 8.25 10,725.00 318-3000 AGGR SURF CRS TON 100 17.50 1,750.00 HECY ASPH CONC B, GP 1 OR 2, INCL 42.00 22,260.00 402-0111 ElITUM MATL. & H LIME TON 530 HECY ASPH CONC H, GP 1 OR 2, INCL 402-0136 EIITUM MA TL, & H LIME TON 550 38.25 21,037.50 FlECY ASPH CONC LEVELING, INCL 402-1812 E;ITUM MATL. & H LIME TON 250 43.00 10,750.00 413-1000 E./TUM TACK COAT GAL 400 - .90 360.00 500-3800 CL A CONC INCL REINF STEEL CY 3 675.00 2,025.00 550-1150 STORM DRAIN PIPE, 15 IN, H 1-10 LF 50 1,050.00 21 .00 550-1180 STORM DRAIN PIPE, 18 IN, H 1-10 LF 120 3,540.00 29.50 FLARED END SECTION 15 IN, STORM 1520.00 3,040.00 550-4215 DRAIN EACH 2 610-1055 REM GUARDRAIL LF 25 8.00 200.00 610-1074 REM GUARDRAIL, ANCH, TP 9 EACH 1 350.00 350.00 611-8050 ADJUST MH TO GRAQE EACH 1 700.00 700.00 634-1200 RIGHT OF WAY MARKER EACH 10 75.00 750.00 641-5012 GUARDRAIL ANCHORAGE. TP 12 EACH 1 3110.00 3,110.00 647-1000 TRAFFIC SIGNAL INSTALLATION NO.1 lUMP 1 49000.00 49,000.00 THERMOPLASTIC PVMT MARKING, 70.00 140.00 653-0110 AI~ROW. TP 1 EACH 2 THERMOPOASTIC PVMT MARKING. 653-0120 AI~ROW, TP 2 EACH 10 70.00 700.00 I ....., "..~ ..A::i lie t-'VM I .. , 105.00 653-0210 WORD, TP 1 EACH 1 101:).00 P-2 I I 1 I I I I I I I I I I I I I I I I ITEM NO. 'IIUN ... . . UNIT QTY UNIT--PRICE AMOUNT THERMOPLASTIC SOLID TRAFFIC 653-1501 STRIPE 5 IN, WHITE LF 4000 .37 1,480.00 THERMOPLASTIC SOLID TRAFFIC 653-1502 STRIPE 5 IN, YELLOW LF 3500 .37 1,295.00 THERMOPLASTIC SOLID TRAFFIC 653-1604 STRIPE, 18 IN, WHITE LF 100 3.75 375.00 THERMOPLASTIC SKIP TRAFFIC 472.50 653-3501 STRIPE 5 IN, WH ITE GR LF 1750 .27 . THERMOPLASTIC TRAFFIC STRIPING, 324.00 653-6004 WHITE SY 60 5.40 THERMOPLASTIC TRAFFIC STRIPING, 653-6006 YELLOW SY 25 5.40 135.00 RAISED PAVEMENT MARKERS, TYPE 1, 390.00 654-1001 YELLOW EACH 60 6.50 RAISED PAVEMENT MARKERS, TYPE 3, 260.00 654-1003 CLEAR/RED EACH 40 6.50 668-5020 JUNCTION BOX, MODIFIED EACH 1 1175.00 1,175.00 668-8014 SAFETY GRATE. TP 4 . sa FT 3.0 30.00 900.00 670-1120 WATER MAIN, 12 IN LF 550 40.00 22,000.00 670-1140 WATER MAIN, 14 IN LF 700 31,500.00 45.00 670-2120 GATE VALVE, 12 IN EACH 1 2000.00 2,000.00 700-0200 GRASSING LUMP 1 3960.00 3,960.00 TOTAL 266,659.00 230.1000 1__.... ~UM ITt:M~ . UNIT' QTY REM BRICK COLUMNS/WALL LUMP LUMP TRANSITION TIE-INS LUMP LUMP CLEARING & GRUBBING ACRE 1.76 EXCAVATION CY 4,100 BORROW CY 925 NOTES: LUMP SUM CONSTRUCTION INCLUDES, BUT IS NOT LIMITED TO, THE ABOVE ITEMS. QUANTITIES ARE TO BE USED FOR ESTIMATING PURPOSES ONLY. P-3 I I 1 I I I I I 1 I I I I I I I I I I S.R. 56 @ PHINIZY ROAD INTERSECTION IMPROVEMENTS GENERAL NOTES ADJUSTING MINOR STRUCTURES TO GRADE: This item consists of raising or lowering the upper portion of existing manholes, water valve boxes, gas valve boxes or any other miscellaneous structures within the area of construction. There will be no separate payment for this work unless shown as a separate pay item. AGGREGA'J~E SURFACE COURSE: ThH 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 thH 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-BUIL~[, PLANS: Thl~ 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 InBpector, must have the Inspector's signature on the cover shl~et. No "as-built" plans will be accepted without the approval of the Project Inspector. COMPACTION: All compaction shall be as defined in the current edition of Georgia Department of Transportation Specifications. Special at1:ention shall be given to the backfill or minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etf=.). Compaction shall be achieved using approved tamps and soil layers of approximately 6 inches (loose measure) and in aCl=ordance with Georgia Department of Transportation Standards 10:30-0 and 1401. Backfilling operations of this nature shall G-1 I I 1 1 1 I I I I I I I I I I I I I I not begin until the Contractor has on hand all equipment in good working condition, and competent operators. The backfilling of pipe and other minor structures shall be in accordance with Georgia Department of Transportation standard Spe:cifications, Current Edition. Backfilling with sand using jet,ting and/or flooding will not be allowed in any case without the wri.tten permission of the Engineer. . CONCRETE:: The Contractor shall have a slump cone on the project at all times when concrete is being placed. He shall, in the En9ineer's presence, perform slump tests as directed by the En9ineer. Tests shall be performed by qualified personnel wi t:h a properly cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 lbs. cement per cubic yard. Class "B" concrete shall have a minimum of 470 lbs. cement per cubic yard. Concrete not meeting these requirements will be rejected by thE~ Engineer. CONSTRUCTION: Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header curb, etc.) shall be paid for in the unit price bid for curb and gutter. At locations where new pavement is to be placed adjacent to ex:Lsting pavement without an overlay or where curbing is to be placed across paved parking lots, a joint shall be sawed on a line to ensure pavement removal to be neat. Only those joints sa~.,ed in concrete pavement will be paid for under the pay i tf~m-Sawed Joints... Per Linear Foot. Wht~re curb and gutter is used and the shoulder elevations are hiq-her than adjacent ground, the actual direction of drainage runoff shall be determined by the Contractor. He shall make suc:h provisions as necessary to ensure that no ponding is caused by the new construction. He may place additional fill to provide drain inlets. Compensation will be under the price bid for the appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope down outside the bac:k of the curb line not to exceed an algebraic difference of 0.07. This should be used primarily on the high side of superelevated curves. The Contractor should use caution with standard variance and place special emphasis on hydraulic co:nsiderations. Wh,ere curb and gutter is to be built on the high side of superelevated curves the gutter slope shall match the roadway slope or superelevation rate. The Contractor shall provide borrow and/or waste pits for this project. All pits acquired for use on this project shall be reclaimed in accordance with Subsection 107.23 and section 160 of the Standard Specifications. G-2 I I 1 I 1 I I 1 I 1 I I 1 I I I I I I All storm drain pipe, side drain pipe, pipe culvert wingwalls, ste!ps, 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 CIE~aring and Grubbing, Grading Complete, Grading Per Mile or LUDlp Sum Construction. cut and fill slopes outside of ,clear iones may be adjusted on construction where necessary to remain within the right of way. curb cuts ramps in accordance with standard 9031-W are to be uSf~d- at all street intersections on this project. CONSTRUCTION LAYOUT: Construction layout work shall be performed by the Contractor. SeB section 149 of the Standard Specifications. The survey for this project was made by ZEL Enqineers (706)724-5627. DESIGN ALTERATIONS: Thl~ Commission-Council recognizes that various changes in de:;ign may be made as the proj ect progresses. Any requests fo:r additional payment will be processed based on actual work in place and the unit prices submitted as a part of this bid. Itlams not covered in this bid shall be priced separately and no work shall be done on these items until approved, in writing, by the Engineer. DRIVEWAYS: The item aggregate surface course is for use as surface for unpaved drives and for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, Section 318, Georgia Standard Specifications is 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. 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 in.dicated on the plans are from the best available data. The CClntractor shall obtain the approval of the Engineer prior to ma.king any revisions such as to location, width, and/ or number of drives to be constructed where required. G-3 I I I I 1 I I I 1 1 I I 1 I I I I I I Ingress -and egress shall be maintained at all times to adjacent properties, unless otherwise noted in the plans. All valley gutter drives shall conform to Standard 6050 or 9031-J. EROSION AND SEDIMENT CONTROL: The Contractor shall be responsible for all soil erosion and sediment control practices. All on-site erosion control shall comply with local Augusta-Richmond County erosion and sediment control ordinances. The cost of this work shall be included in t:he cost of the project unless shown as a separate pay item. . EXCESS MA.TERIAL: 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 c.ontracts where remove and reset fence items are involved (either as pay items or as Lump Sum Construction) all replacement fence shall be equal to or better than the existing fence as approved by the Engineer. This means equal to ()r better than the original fence at the time of it's inst,allation. In accordance with Subsection 643. 03D the Contractor must furnlish 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 sepa.rate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. FLAGGING: Flag'gers shall be provided as required to handle traff ic, as specified in the Plans or Special provisions, and as required by t,he Eng ineer . All flaggers shall meet the requirement of part 6F of the MUTeD and must have received training and a certificate upon completion of the training from a Department approved training G-4 I I I 1 1 I I 1 I I I I I I I I I I I pro9ram. Failure to provide certified flaggers as required above shall be reason for the Engineer suspending work involving the flagger (s) until the Contractor provides the cer1:ified flagger{s). Fla9gers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket, and shall use a Stop/Slow paddle meeting the requirements of section 6F-2 of the MUTCD for controlling traffic. The Stop/Slow paddle shall havE~ a shaft length of six (6) feet minimum. In addition to the flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. Signs for flagger traffic control shall be placed in advance of 1:he flagging operation in accordance with the MUTCD. In addition to the signs required by the MUTCD, signs at regular intE!rvals, warning of the presence of the flagger shall be plac:ed beyond the point where traffic can reasonably be expE!cted 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-D and section 207 of the Standard Spec:ifications. No separate payment will be made for this mate~rial or its placement. FOUNDATION BACKFILL MATERIAL, TYPE II: FouI1idation Backfill Material, Type II shall conform to Georgia StaI1idard 1030-D and Section 207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured for payment in accordance with Georgia Standard 1030-C or as directed by the Engineer. Payment shall be per cubic yard unless otherwise specified in the contract. GRADES: with the approval of the Engineer, grades may be field adjusted to provide for best drainage. GRADING: In contracts where grading, including excavation for drainage structures, is accomplished under section 210 (Grading Complete or Grading Per Mile) or section 230 (Lump Sum Construction) the Lump Sum amount bid will include all work necessary to obtain the line, grade and compaction in accordance with the Specifications and other contract documents. There will be no separate payment for any work of this nature including borrow and the removal of unsuitable and/or unstable material. However, the Contractor shall make whatever investigations he deems necessary to determine the extent of any borrow or removal necessary to meet contract G-5 I I 1 1 I I I I 1 I I I 1 I I I I I I requirements. If it develops that removal of unsuitable/unstable materials quantities could not have been pred.icted by the Contractor from a reasonably thorough invelstigation 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 subgrrade. The Owner will consider negotiation only when this type: of removal is excessive and the Contractor provides evicilence that he thoroughly investigated project conditions prior to entering his bid. Only those quantities in excess of thre:e (3) feet below finished subgrade and/or normal exca.vation for drainage structures, ordered by the Engineer, will-be considered for payment. GRASSING AND EROSION CONTROL: The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to determine the actual area to be gras:sed. No claims will be considered for extra compensation if t:he 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 Clut. The Contractor shall be responsible for all soil erosion and sedi.ment control practices including Temporary Grassing, Temporary Mulch and other temporary measures. All on-site eros;ion control shall comply with local erosion and sediment cont:rol ordinances. The cost of this work shall be included in 1:he cost of the project unless shown as a separate pay item. . All unpaved and natural areas which are disturbed by the cons:truction of this proj ect are to be returned to the pre- exis,ting shape and slope and then finished and dressed. No sepa.rate 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 Sect,ion 205 of the Standard Specifications). No separate payment will be made for this work. Where item number 700-0200 is shown as a pay item Georgia Depa.rtment 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 accc,mplish a stand of permanent grass. G-6 I 1 I I I I I I 1 I I I I I I I I I I INFESTATION: The entire project is considered to be within the limits of an insect infested area. The Contractor's attention is called to the following sections of the Standard Specifications: (A) 155 Insect Control (B) 893 Miscellaneous Planting Materials. INSPECTION: This project will be inspected by the Engineer or his Representative. LEVELING eOURSE: Lev€:ling shall be placed at the locations and in amounts as appJ::'oved by the Engineer or his Representative.' Measurement and payment shall be made in accordance with the Standard Specifications on a unit price basis. The quantities included in 'the schedule of items are approximate and subj ect to change. All changes will be made at the unit prices, as bid. MISCELLANEOUS DRAINAGE STRUCTURES: All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain Inle:ts, Special Inlets, etc. whether standard or special desi.gn shall be paid for Per Each. There will be no separate paYlIlent for additional depth unless specifically shown as a pay item. NOTE: All Catch Basins, Drop Inlets, Manholes, expc'sed Junction Boxes, etc. wi th concrete tops labs shall include manhole rings and covers. PATCHING AND REPAIR OF MINOR DEFECTS: Where necessary, the Contractor is required to patch and repslir 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). PIPE CULVERTS: All required pipe culverts shall be in accordance with Standard 1030-0. G-7 I I I I I I I I I I I I I I I I I I I Foundation Backfill Material Type I shall conform to Georgia standard 1030-0. No separate pay item will be made for this matE~rial or its placement. Payment for pipe culvert or utility installation includes sawi.ng 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: Prec:ast Concrete Units, other than those specifically allowed by Georgia Department of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc shall not be inst:alled without written permission from the Engineer. Any such units installed without such written permission shall be removed from the project. PROPERTY CORNERS AND MARKERS: All right-of-way markers where required shall conform to Georgia Standard 9003. Right-of-way markers shall be flush with the finished ground-line when directed by the Engineer. REMOVAL Jl.NO RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD: It ::;hall be the Contractor's responsibility to remove and reSE!t 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 Cont:ractor will not be held responsible for care and maintenance after removing and resetting these plants and sod excE~pt in cases where the Contractor's equipment causes irrE~parable damage or where plants and/ or sod dies as the result of negligence on the Contractor's part. In which CaSE!S, the Contractor will be held responsible for replacement. Sod shall be reset with ground preparation in accc)rdance with Subsection 700.0S.A. No additional soil or fert:ilizer 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 ANO RESETTING OF OBSTRUCTIONS: It :shall be the Contractor's responsibility to remove and resE~t 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 G-8 I I I I I 1 I I I I I I I I I I I I I responsible for the security of pets and/or personal property through the use of temporary fence if necessary. No separate payment will be made for this work except when shown as a separate pay item. 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 t.he event that the Contractor elects to utilize private property for any purpose connected with the project such as, but not limited to, staging areas, equipment and/or material storage or simply as a convenience, he shall submit a written agreement to the Engineer containing vital information such as limits of both area and time the property is to be utilized and a description of the intended use. The agreement must be signed by both the property owner and the Contractor and will be reviewed and recorded by the Engineer. Such agreements must be submi tted pr ior to the Contractor's use of the property. SAW CUTS: When matching existing conditions, saw cuts shall be used as required by Augusta-Richmond County. Only saw cuts in Portland Cement Concrete which are shown as contract pay items will be paid for separately. No saw cuts in asphaltic concrete will be paid for separately. SHOULDER WORK: All necessary cleaning of the existing pavement including clipping of shoulders required prior to resurfacing shall be the responsibility of the Contractor. The material displaced shall be removed, lowered or spread over the shoulder to an elevation and slope which will provide adequate drainage. The cost of such work shall be included in the prices bid for other items 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 Comm.ission-council Department of Engineering Services. The data, together with all other information shown on these plan.s, or indicated in any way thereby, whether by drawings or note,s or in any other matter, are based upon field inve:stigations and are believed to be indicative of actual G-g I I I I 1 I I 1 1 I I I I I I I I I I conditions. However, the same are shown as information only, are not guaranteed, and do not bind Augusta-Richmond County, Georgia in any way. Only the actual quantities completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract. . This project is based on and shall be constructed in acca,rdance wi th the State of Georgia Department of Tran.sportation Standard Specifications for Construction of Roads and Bridges, current Edition and any supplements thereto. All of these specifications shall be considered as thou.gh fully contained herein. In cases where conflicts arise within these specifications, they will be revis~d to resolve such conflict. until the conflict is resolved, the inte:rpretation of the Engineer shall control the situation. STORM DR1UN PIPE: UnlElss otherwise noted, all storm drain, longitudinal and stub pipE~ are to be reinforced concrete. SUBCONTRJ.CTORS : 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 whe1:her or not approval of the Subcontractor (s) is granted. SUPERELEVATION: All horizontal circular curves are to be superelevated in accordance with Georgia Standard 9028-C as directed by the Engineer. TESTING OF THE WORK: The Contractor shall employ a qualified materials testing labc)ratory to monitor more fully the quality of materials and worle and to perform such tests as may be required under the con1cract documents as conditions for acceptance of materials and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROJPER TO CONTROL THE QUALITY OF THE WORK. Conl::rete 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-IO I I I 1 I I I I I I 1 1 I I I I I I I On projects that include asphaltic concrete, cores shall be cut in the asphaltic concrete at random locations, selected by the Engineer, to verify thicknesses. A minimum of three (3) corHS per mile or three (3) cores per project, whichever is greater, shall be cut by the Contractor. If all thicknesses are satisfactory, in accordance with Section 400 of the Department of Transportation Specifications, no further cores will be required. If cores indicate an unsatisfactory thic:kness, additional cores, as determined by the Engineer and at locations of the Engineer's choosing, shall be cut to detE!rmine the extent of the unsatisfactory thickness. Corrections as shown in Section 400 of the Department of Transportation Specifications shall be made where required. TheI'e will be no separate payment for cutting cores, filling core! holes or corrective work. Payment shall be included in the price bid for asphaltic concrete items or in the overall bid price of the contract. TEST ROLLING: Prior to placing any base course the subgrade shall be test rolled on six feet centers using a loaded dump truck or other equipment approved by the Engineer. TRAFFIC CONTROL: The Contractor shall provide construction signs in accordance wi th requirements of "Manual on Uniform Traff ic 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 1:emporary 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., curr.ent 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 1:he continuing maintenance and operation of the facility. At IHast one-lane, two-way traffic shall be maintained at all timel; unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the manual on Uniform TrafJEic Control Devices, current edition and Georgia Standard 9102., TRAFFIC CONTROL DEVICES: The Contractor shall provide all temporary traffic control devices needed to safely direct traffic through the cons1:ruction area. G-11 1 I I I I I 1 1 I 1 I I I 1 I I I I I All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation standards and Specifications. UTILITIES: The Contractor's attention is directed to the probability of encountering private utility instailations consisting of sanitary sewers, water, sprinkler systems, ornamental light syst:ems, gas and underground telephone cables, etc. that ei ther are obstructions to the prosecution of the work and need to be moved out of the way or, if not, must be properly prot:ected during construction. No separate payment will be made~ for this work. Public utilities of this nature will be hancilled by the utility owner. THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS: Georgia Power Company Post, Office Box 488 Augusta, Georgia 30904 Telephone (706)724-0892 Attention: Parker Land Georgia Natural Gas Company Post Office Box 1426 Augusta, Georgia 30913 Telephone (706)722-7791 Bell South 3841 Wrightsboro Road Augusta, Georgia 30909 Telephone (706)828-8500 Attention: Bert Neese Jones Intercable, Inc. 1424 Monte Sano Avenue Augusta, Georgia 30904 Telephone (706)736-6515 Urban Services Water & Sewer 2760 Peach Orchard Road Augusta, Georgia 30906 Telephone (706)796-5000 Southern Natural Gas Post Office Box 458 Wrens, Georgia 30833 Telephone (706)547-6604 (706) 798-4789 All utility facilities which are in conflict with construction, not covered as specific items in the detailed estLmate, are to be removed and relocated to clear cons.truction 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 expeinse caused by utility facilities, other items not being removed or cons'cruction in advance of his work. any delays or extra obstructions or any relocated to clear All known utility facilities are shown schematically on high'~ay plans, and not necessarily accurate in location as to plan or elevation. Utility facilities such as service lines or ul~nown facilities not shown on the plans will not relieve the Contractor of his responsibility under this requirement except as noted below. "Existing utility Facilities" means any utility facility that exists on the highway project in its original, relocated or newly installed position. G-12 I I 1 I I I 1 1 I I 1 I I I I I I I I Othe!r 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 specification~. The following utility owners have facilities which may The Contractor shall use the one-call center telephone number 1-800-282-7411 for the purposes of coordinating the marking of underground utilities. UTILITY ACCOMMODATION POLICY: In so far as possible work shall be scheduled so that open excavations will not be left overnight. Where trenches, pits or other excavations are within the clear roadside areas and cannot be backfilled before leaving the job site, they shall be covered by timbers or metal plates and protected by reflectorized and/or lighted barricades as appropriate and as directed by the Engineer. Barricades sufficient to prevent a person from falling into an excavated or work area must be erected in areas where these conditions exist. G-13 I 1 I I I I 1 1 I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL August 28, 1995 First Use: October 20, 1995 Modification of Special Provision Section 150 - Traffic Control (Rev. June 21, 1994) Retain Section 150 as written and add the following: For this project, all references to flags on construction warning signs in the Standard Construction Details listed below are deleted except for signs which are mounted at less than seven (7') feet in height (portable signs). Standard Construction Details · Typical By-Pass Detour for Two-Lane Highway · Typical Detour Across Median · Transition of 4-Lane Divided Highway to 2-Lane Highway · Traffic Control General Notes, Standard Legend, Miscellaneous Details In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated September 3, 1993. 150.02 WORK ZONES: Delete "Work Zones" and substitute: Temporary Traffic Control Zones. 150.02. B.2.: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200 feet in advance cfthe temporary gore, and 10 feet for the first 100 feet of the temporary gore. 150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written and add second paragraph. Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected by guardrail, portable barrier, impact attenuator or other type of positive barrier protection. Unprotected posts shall meet the breakaway requirements of the "198S AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals". Unprotected post splices will not be permitted any higher than four inches above the ground line to lessen the possibility of affecting the undercarriage of a vehicle. lSO.03.H. 'CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF WARNING FLAGS. Delete first sentenl:t? of second paragraph and substitute: Construction war.ning signs which are mounted at less than seven feet in height (portable signs) shall have two 18 inch x 18 inch fluorescent red-orange or orange-red waming flags mounted on each sign. "TC-/ I I I I I I I I I 1 I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 150.04.E.2.a.~!.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are required. 150.04. E.2.b.1.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are required. 150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type 11 {eleven}. 150.10 PAYME~T: Item No. 641 - Delete reference to Type 9 and substitute Type 11 {eleven}. SPECIAL PROVISION SECTION 150- TRAFFIC CONTROL June 22, 1994 First Use: July 24, 1994 Modification of Standard Specifications, 1993 Edition Retain Section J50 as written and add the following: For this project, all references in the Standard Construction Details listed below to Type I Barricades, Type II Barricades, Type "A" flashing-lights and Type "C" steady burn lights are deleted, except that Type "C"lights will be required for tapers in nighttime lane closures. Standard Construction Details · Typ:ical By-Pass Detour for Two-Lane Highway · Typical Detour Across Median · Transition of 4-Lane Divided Highway to 2-Lane Highway · Traffic Control General Notes, Standard Legend, Miscellaneous Details In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated September 3, 1993. Detail "AU as shown on Georgia Standard 4960 is deleted. SPECIAL PROVISION SECTION 150- TRAFFIC CONTROL Rev. June 21, 1994 First Use: July 24, 1994 Rev.: August 16, 1994 Modification of the Standard Specifications, Current Edition Delete Section 150 as written and substitute the following: 150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTCD shall be considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and removing necessaJ:Y traffic signs, barricades, lights, signals, cones, pavement markings and other traffic control devices and shall include flagging and other means for guidance and protection of vehicular and -rc-z- I I I 1 I I I I I I I I 1 1 I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA pedestrian traffic through the Work Zone. This Work shall include both maintaining existing devices (excluding Traffic Signals) and installing additional devices as necessary in construction work zones. When any provisions of this Specification or the Plans do not meet the minimum requirements of the Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the MUTCD and Hevision 3, dated September, 1993, of Part VI shall be in effect for the duration of the project. A. The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor (WTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's traffic control responsibilities shall have priority over all other assigned duties. As the representative of the Contractor, the WTCS shall have full authority to .act on behalf of the Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in safe traffic control practices in accordance with Part VI of the MUTCD. In addition to the WTCS all others malting decisions regarding traffic control must meet the training requirements of Part VI of the MUTCD. On projects where traffic control duties will not require full time supervision, the Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as satisfactory results are obtained. The WTCS shall have a copy of the MUTCD on the job site. Copies of current MUTCD may be obtained from: U.S. Government Printing Office Superintendent of Documents Mail Stop: SSOP Washington, D.C. 20402-9328 The WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with access to all personnel, materials and equipment necessary to respond effectively to an emergency situation within forty-five (45) minutes of notification of the emergency. The WTCS sball supervise the initial installation of traffic control devices which will be reviewed by the Engineer prior to the beginning of construction. Modifications to traffic control devices as required by sequence .)f operations or staged construction must be reviewed by the WTCS. The WTCS shall regularly perform inspections to ensure that traffic control is maintained. B. All traffic con':rol devices used during the construction of a project shall meet the Standards utilized in the MUTCD, and shall comply with the requirements of these Specifications, Project Plans, and Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09. C. All reflectorization for construction (black on orange) signs, object markers, and channelization devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other signs shall ml~et the requirements of Type I unless otherwise specified. D. No work shall be started on any project phase until the appropriate traffic control devices have been placed in accclrdance with Project requirements. Changes to traffic flow shall not commence unless all labor, materials, and equipment necessary to make the changes are available on the Project. E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation, sequence of work and methods of providing for the safe passage of vehicular and pedestrian traffic before it is placed in operation. The proposed plan of operation should supplement the approved traffic control plan. Any major changes to the approved traffic control plan, proposed by the Contractor, arn to be submitted to the Department for approval in accordance with Subsection 104.03 of the Standard Specifications. -r-C-3 I I I I I 1 I I I 1 I I 1 I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Some additional traffic control details will be required prior to any major shifts of traffic. The traffic control de':ails shall include, but not be limited to, the following: 1. A detailed drawing showing traffic location and laneage for each step of the change. 2. The 101:ation, size, and message of all signs required by the MUTCD, Plans, Special Provisions, and other signs as required to fit conditions. 3. The method to be used in, and the limits of, the obliteration of conflicting lines and markings. 4. Type, location, and extent of new lines and markings. 5. Horizontal and vertical alignment and superelevation rates for detours, including cross section and profile grades along each edge of existing pavement. 6. Drainage details for temporary and permanent alignments. 7. Location, length, and/or spacing of channelization and protective devices (temporary barrier, guardrail, barricades, etc.) 8. Starting' time, duration and date of planned change. 9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing workforee, materials, and equipment necessary to accomplish the proposed work. This wi)) be the minimum resource allocation required in order to start the work. The above details shall be submitted to the Engineer for approval at least 14 days prior to the anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has been approved by the Engineer prior to commencement of the physical shift. AIl preparatory work relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the designated starting time. The Engineer and the Contractor's representative will verify that all conditions have been met prior to the Contractor obtaining materials for the actual traffic shift. F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be maintained in accordance with Subsection 104.05 throughout the construction period. All unacceptabl,~ traffic control devices shall be replaced within 24 hours. When not in use, all traffic control devices shall be removed, placed or covered so as not to be visible to traffic. If traffic control devices are 1 eft in place for more than ten days after completion of the Work, the Department shall have the right to remove such devices, claim possession thereof, and deduct the cost of such removal from any monies due, or which may become due, the Contractor. G. The Department reserves the right to restrict construction operations when, in the opinion of the Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before, on, or after holidays or other days in which unusual traffic conditions exist, including threatening or inclement weather. 150.02 WORK ZONES: A In addition to the other provisions contained herein, work zone traffic control shall be accomplished using the following means and materials: 1. Portable Hdvance warning signs as required by the contract or meeting the requirements of the MUTCD Hnd Sub-Section 150.03. 2. Portable ~iequential or flashing arrow panels as shown in the Plans or Specifications for use on Interstau~ or multi-lane highway lane closure only, shall be a minimum size of 48" high by 96" TC-~ I I 1 I I I I I I I I I I I 1 I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum legibility distance is that distance at which the arrow panel can be comprehended by an observer on a sunny day, or clear night. Arrow panels shall be equipped with automatic dimming features for use during hours of darkness. The arrow panels shall also meet the requirements as shown in the MUTCD. The sequential or flashing arrow panels shall not be used for lane closures on two- Jane, two-way highways when traffic is restricted to one-lane operations in which case, appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient. 3. Portab::e changeable message signs meeting the requirements of Section 632 and the MUTCD. 4. Channelization devices meeting the standards of the MUTCD and Subsection 150.05. 5. Precast, concrete barrier meeting the requirements of Section 622. 6. Temporary traffic signals meeting the requirements of Section 647. 7. Paveme:nt marking materials complying with Subsection 150.04.A. B. LANE CLOSURES: 1. All lane closures shall have prior approval of the Engineer. Lane closures that require same direction traffic to be split around the Work Area will not be approved for roadways with posted speeds (If 35 mph or greater, excluding turn lanes. 2. On mult.ilane highways where traffic has been shifted to the inside lanes for overnight use, the entrance and exit ramps shall have channel ization devices placed on both sides of the ramp. The temporary ramp taper length shall be greater than, or equal to, the existing taper length. Interim EXIT gore signs shall be placed at the ramp divergence. Channelization device spacing in the first 100 feet of the temporary gore shall be 25 feet. 3. Terminc,tion Area: The transition to normal or full width highway at the end of a lane closure shall bea maximum of 150 feet. 4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07, the Contractor shall remove all signs, lane closure markings, and devices immediately when lane closure work is completed or temporarily suspended for any length of time or as directed by the Engineer. C. TRAFFIC PACING METHOD: 1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the Contractor up to ten (10) minutes maximum to work in or above all lanes of traffic for the following purposes: a. Placing bridge members or other bridge work. b. Placing overhead sign structures. c. Other work items requiring interruption of traffic. The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for each direction of pacing. The police officer, Engineer, and flaggers at ramps shall be provided with a radio which will provide continuous contact with the Contractor. TC-S- I' I I I I I 1 I 1 I 1 1 I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA When ready to start the work activity, the police vehicle will pull into the travel lanes and act as a pilot vehiC::e slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic, with a flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be opened after the police vehicle has passed. Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph non-inter~:tate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared the area. Traffic win not be permitted to stop during pacing except in extreme cases as approved by the Engineer. 2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72 inch) with a Type ''E'' flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY" (See Detai1150-A). A portable changeable message sign may be used in lieu of the W-special sign. On divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted at the sign, lUld upon notice that the traffic is to be paced shall turn on the flashing light and reveal the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered or removed. W-special signs are reflectorized black on orange, Series "C" letters and border of the size specified. -rc-c I I 1 I I I 1 1 I I I I 1 I I I I I I DEPARTMENT OF TRANSPORTATION ST ATE OF GEORGIA .....f1J ~ ~ ~ ~ ~ ~ 10- ,- 5Z. '" '0. ~~@'~[D) -15.-r ~2. ."5- !~~~[D) ~~(O)~J ..~~~~ w c..I. :'.. 1.:/- T~ ,- flASH!'" LICHT EJl TRAFFIC SIDE , 1. . ~ 53- 1"'. 7z- ",:51"[ C I AI. S I QI 'TI..-awrT ~ T M:U4TE D I S H.M $HAL L HI. V[ Il ACl( L[ C(IC) AN) lORD[ A CJC OIUHO[ A[FUCTOAIZED BAClCiRDJHD DETAIL 150-A ,- WlAGIH ,1')- IlORD[R J. JIAD IllS ,. 1l- 12" SER. "C- '" 1%" 12" SEA. "C. ," 12" 12" stA. .C" ~ I- .. stA. .C. ,. D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic unless sepan.ted by a positive barrier, or when construction activity necessitates otherwise, and shall not reverse direction except at intersections, interchanges, or approved temporary crossings. E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not interfere with normal traffic operations or adjacent properties. F. Existing street lighting shall remain lighted as long as practical and until removal is approved by the Engineer. G. Adequate temporary lighting shall be provided at all nighttime work sites where workers will be immediately adjacent to traffic. H. For their own protection, workers in or adjacent to traffic during nighttime operation shall wear reflectorized vests. /~-7 I I I I I I 1 I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 1. The parking of Contractor's and/or workers personal vehicles within the work area or adjacent to traffic is prohibited. J. The Works::te Traffic Control Supervisor (WTCS) shall monitor the work to ensure that all the rocks, boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are kept clear of the travel way. These items shall be stored in a location, in so far as practical, where they will not be subject to a vehicle running off the road and striking them. K All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate changes to existing walkways, temporary walkways shall be provided and maintained, with appropriatll- signs as necessary, to allow safe passage of pedestrian traffic. 150.03 SIGNS: A. When requi:~ed for proper traffic control during construction of the project, all existing guide, warning, and regulatory signs shall be maintained by the Contractor in accordance with these Specifications. Existing street name signs shall be maintained at street intersections. All existing illuminated signs shall remain lighted and be maintained by the Contractor. B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered so as not to be visible to traffic. All construction warning signs shall be removed within seven calendar days after time charges are stopped or pay items are complete. Subsequent punch-list or other work to be perfonaed shall be accomplished utilizing temporary construction warning signs that shall be removed daily. C. The Contractor shall not remove any existing signs and supports without prior approval from the Engineer. All existing signs and supports which are to be removed shall be stored and protected as directed by the Engineer, and become the property of the Department unless otherwise specified in the contract documents. D. Interim guide, warning, or regulatory signs required to direct traffic shall.be furnished, installed, reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special Provisions, 0;: as directed by the Engineer. These signs shall remain the property of the Contractor. The bottom (If all interim signs shall be at least seven feet above the level of pavement edge. E. Existing special guide signs on the Project shall be maintained until conditions require a change in location or lelrend content. When change is required, existing signs shall be modified and continued in use if the required modification can be made within existing sign borders using design requirement.!: Oegend, letter size, spacing, border, etc.) equal to that 'of the existing signs, or of Subsection 1150.03.E.5. Differing legend designs shall not be mixed in the same sign. 1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that are designed with a message content Oegend) that applies to a particular roadway location. When an existing special guide sign is in conflict with work to be performed, the Contractor shall remove the conflicting sign and reset it in a new, non~onflicting location which has been approved by the Engineer. 2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new interim special guide signs in accordance with the Plans or as directed by the Engineer. 3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign structure~; are not required to be lighted unless specifically required by the Plans. Iflighting is required the sign shall be lighted as soon as erected and shall remain lighted, during the hours of darkne:;s, until the interim sign is no longer required. The Contractor shall notify the Power Company at least thirty (30) days prior to desiring connection to the power source. -rC-8 I 1 I I I I I I I I I I I 1 I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 4. The in,stallation of new permanent special guide signs and the permanent modification or resetting of existing special guide signs, when included in the contract, shall be accomplished as soon as practical to minimize the use of interim special guide signs. If lighting is required by the Plans, all new permanent overhead special guide signs shall be lighted as soon as erected. 5. InteriIl:l special guide signs that may be required in addition to, or a replacement for, existing expressway and freeway (interstate) signs must be designed and fabricated in compliance with the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways" and Prot 2F "Guide Signs Freeways" of the MUTCD, except that the minimum size of all letters and nwnerals in the names of places, streets and highways on all signs shall be 16 inches Series ''E'' iniLaJ upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48 inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the exit roa.d name or route shield shall be placed on the exit gore sign. F. MATERIALS - INTERIM SIGNS: 1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green or silver' paint may be used in lie.u of galvanization for steel posts or structural shape posts. Wood posts are not required to be pressure treated. 2. SIGN BL..WKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1 and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardless of the sign type used. Alternative sign blank materials (composites, poly carbonates, fiberglass reinforced plastics, recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research for use as interim construction signs before these materials are allowed to be incorporated into the wor::t. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum. Plywood blanks or panels will not be permitted. G. All existing, :nterim and new permanent signs shall be installed so as to be completely visible for an advance di!itance in compliance with the MUTCD. Limbs, brush, construction equipment and materials shall be kept clear of the driver's line of sight to the signs. H. Advance wc.rning signs shall be placed ahead of construction in accordance with Part VI of the MUTeD and shall include a series of at least three advance road construction CW20-1) signs placed at the termini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET, AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On-ramps and at grade intersecting roadways shall be signed with a minimum of one ROAD WORK AHEAD sign. All construction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flag!: mounted on each including the project construction signs (G20-1 and G20-2A.) Project mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest whole mile. All construction warning signs on divided highways shall be double indicated (i.e., on the left and right sides of the roadway.) 1. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where the lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable support. Vehide mounted panels shall be provided with remote controls. Minimum mounting height shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels which should be as high as practical. J. The portable c:hangeable message sign, when specified, shall be placed ahead of construction activities and shall ment the requirements of Section 632 and the MUTCD. /c-~ I I I I I I I I I I I I I 1 I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA K The flashing beacon assembly, when specified, shall be used in conjunction with construction warning signs, regulatory, or guide signs to inform traffic of special road conditions which require additional driver attention. The flashing beacon assembly shall be installed in accordance with the requirements of Section fi47. 150.04 PAVEMENT MARKINGS A. Generally, full pattern pavement markings in accordance with Section 652 and in conformance with Section 3A and 3B, except 3B-3 and 3B-5, of the MUTCD are required on all courses before the roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E. During construction.-and maintenance activities on all highways open to traffic, both existing markings and markings applied under this Section shall be fully maintained until Final Acceptance. If the pavement markings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering, or construction activities, they shall be restored immediately. On resurfacing projects pavement markings shall be provided on all surfaces that are placed over existing markings. On widening and reconstruct-ion projects (where the lane configuration is altered from the pre-construction layout) pavement markings will be as required by the Plans or the Engineer. On new construction projects pavement marking plans will be pravided. B. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width and shall canform to the requirements of Section 652, except as modified herein. Raised pavement markers CRPMs) shall meet the requirements of Sectian 654. Markings on the fmal surface caurse which must be removed shall be a removable type. The Contractor will be permitted to use paint, thermoplastic, or tape on pavement which is to be overlaid as part af the project, unless otherwise directed by the Engineer. Partial (skip) reflectorization (i.e. reflectorizing only a portion of a stripe) will not be allowed. C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of markings in the fmallane configuration at the earliest passible stage. Inappropriate or canflicting existing pavement markings shall be removed. When shiftinl~ of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall be removed priar to, during, or immediately after any change sa as to present the least interference with traffic. Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the project for immediate use. If m.arking removal equipment failures occur, the equipment shall be repaired or replaced (including leasing equipment if necessary), so that the removal can be accamplished withaut delay. Except for the final swface, markings on asphaltic concrete may be obliterated by an overlay course, when appraved by the Engineer. When an asphaltic cancrete averlay is placed for the sole purpose of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay will be eligible for payment only if designated in the Plans. Overlays to abliterate lines will be paid far only anCE! and further"traffic shifts in the same area shall be accomplished with removable markings. Only the minimum asphaltic concrete thickness required to cover lines (generally 60 IbJsq. yd. of Asphaltic Cancrete "H") will be allowed. Excessive build-up will nat be permitted. When an overlay far thE~ sole purpose af eliminating conflicting markings is nat allowed, the markings nO' langer applicable shall be removed in accordance with Subsection 656.02. The elimination af conflicting pavement markings by overpainting with paint or liquid asphalt is not acceptable. D. Raised pavement markers (RPMs) are required as listed below for all asphaltic concrete pavements befare the ro adway is open to traffic. When Portland Cement Concrete is an intermediate or fmal surface and j,s apen to traffic, one calendar day is allawed for cleaning and drying befare the installation of RPMs is required. TC-/~ I I I 1 I I I I I I I 1 I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 1. On Interstate and limited access highways under construction, excluding projects consisting primaliIy of asphalt resurfacing items, retro-reflective raised pavem~nt markers (RPMs) shall be placed and/or maintained on intermediate pavement surfaces opened to traffic as follows: a. SUPPLEMENTING LANE LINES: 80 foot centers on skip lines with curvature less than three degrees. (Includes tangents.) 40 foot centers on solid lines and all lines with curvature between three degrees and six dei?Tees. 20 foot centers on curves over six degrees. 20 foot centers on lane transitions or shifts. b. Stn'PLEMENTING RAMP GORE LINES: 20 f.:>ot centers, two each, placed side by side. c. OTHER LINES: As sbown on the plans or directed by the Engineer. 2. On other highways under construction RPMs shall be used and/or maintained on intermediate pavement surfaces as follows: a. SUP:PLEMENTING LANE LINES AND SOLID LINES: 40 fOI:>t centers except on lane shifts. (When required in the Plans or Contract.) 20 foot centers on lane shifts. (Required in all cases.) b. SUPPLEMENTING DOUBLE SOLID LINES: 40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans or COlltract.) . 20 foot centers on lane shifts. (Required in all cases.) RPMs are D.2.t allowed on right edge lines. E. EXCEPl'IONE: FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern of markings arj~ permitted as noted below, however, full pattern pavement markings are required for the completed project. 1. TWO-LANE, TWO-WAY ROADWAYS a. SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes shall beat 1 east four feet long with a maximum gap of 36 feet. On curves greater than six degree,), a two-foot stripe with a maximum gap of 18 feet shall be used. In lane shift areas skip lines will not be allowed. Solid Lines will be required. Interim skip lines will be permitted for a period not to exceed 14 calendar days. Interim skip lines must be replaced with markings in full compliance with Section 652 prior to expiration of the 14 calendar day period. /c-// I I I I I 1 I I I I 1 I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Intarim raised pavement markers may be substituted for the interim skip (broken) stripes. Ifraised pavement markers are substituted for the four foot interim skip stripe, four markers spaced at equal intervals over a four feet distance will be required. No separate payment will be made if the interim raised pavement markers are substituted for interim skip lines. Intl~rim raised pavement markers shall be retro-reflective, shall be the same color as the pavement markers for which they are substituted, and shall be visible during daytime. The type of interim marker and method of attachment to the pavement must be approved by the 9ffice of Materials and Research but in no case will the markers be attached by the use of nails. The interim raised pavement markers must be maintained until the full pattern pavement markings are applied. At the time full pattern pavement markings are applied the interim raisl~d markers shall be removed in a manner that will not interfere with application of the full pattern pavement markings. b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three calendar days where skip centerlines are in place, no-passing zones may be identified by using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the begirming and at intervals not to exceed 1/2 mile within each no-passing zone. A post or portable mounted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be placed at the end of each no-passing zone. Post mounted signs shall be placed in accordance with the MUTeD. Portable signs must have a minimum vertical height of three feet above the pavement surface to the bottom of the sign and be secured in such a manner as to not be easily blown over or misaligned. c. EDGELlNES: (1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that are in use for a period of less than 60 calendar days except at bridge approaches, on lane transitions, lane shifts, and in such other areas as determined by the Engineer. On the final surface, edgelines must be placed within 30 calendar days of the time that the final surface was placed. (2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that are in use for a period of less than 30 calendar days except at bridge approaches, on lane transi,tions, lane shifts, and in such other areas as determined by the Engineer. On the final surfal~e, edgelines must be placed within 14 calendar days of the time that the surface was placed. d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols, words and other similar markings shall be placed on final surfaces conforming to Section 652 withi::l14 calendar days of completion of the final surface. On intermediate surfaces these markings will generally not be required unless specified by the Engineer because of special conditions or when the intermediate surface will be in use for more than 45 calendar days. 2. MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S) FOUR FEET OR LESS a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE) (1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers shall he restored before nightfall. TC-/Z I 1 I I I I 1 I I I I I I I 1 I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (2) l..anelines . Interim skip (broken) stripe as described in Subsection 150.04.E.1.a. may be used for periods not to exceed three calendar days. (3) :E:dgelines - Edgelines shall be placed on intermediate and final surfaces within three calendar days of obliteration. b. DIVIDED HIGHWAYS (GRASS OR RAlSED MEDIAN) (1) I.anelines - Full pattern skip stripe shall be restored before nightfall. (2) CenterlinelEdgeline - Solid lines shall be placed on intermediate and final surfaces within threl~ calendar days of obliteration. c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d. 3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER THAN FOUR FEET a. Samll as Subsection 150.04.E.2. except as noted in (b) below. b. EDGELINES- (1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and fmal surfaces prior to opening to traffic. (2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to traffic no later than one calendar day after work is completed on a section of roadway. All water and residue shall be removed prior to daily striping. F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall furnish layout, clean as necessary, and preline the surface for the placement of pavement markings applied under this Section. All E,xisting marking tape on final surfaces shall be removed prior to placement of final markings. Pavement markings shall re-establish No-Passing Zones in the locations and configuration that existed prior tlJ construction. Existing No-Passing Zones shall be clearly identified as to location prior to constructicln by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new location projects and on projects where either horizontal or vertical alignments have been modified, the location of No-Passing Zones will be identified by the Engineer. G. MOBILE OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are applied in a continuous operation by moving vehicles and equipment, the following minimum equipment an:! warning devices shall be required in addition to the requirements of the MUTCD: 1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicle is not required for low volume off-system routes and one-way traffic applications. 2. The work vehicle applying markings shall have a sequential or flashing arrow panel mounted on the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel shall be n:,ounted so as to be easily visible to oncoming traffic. The work vehicle shall follow directly behind the lead vehicle. 3. The work vehicle placing cones shall follow directly behind the work vehicle applying the markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the rear. -/ "C-/3 I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection vehic}.~ shall also display a prominent sign with the legend PASS ON LEFT (RIGHT). On interstate and limited access roadways, the protection vehicle shall be equipped with a truck mounu~d attenuator (TMA) that is certified for impacts not less than 45 mph in accordance with NCHRP 230. 5. All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right- side re,ar mounted flashing yellow lights. 150.05 CHANNELIZATION A. GENERAL: Channelization should clearly delineate the travel way through the work zone and alert drivers and pedestrians to conditions created by work activities in or near the travel way. Channelization shall be done in accordance with the plans and specifications, the MUTCD, and the following rEiquirements. 1. Types of Devices Permitted for Channelization in Construction Work Zones: a DRUMS: (1) .DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be reflnctorized as required in Subsection 150.01.C. (2) APPLICATION: Drums shall be used as the required channelizing device to delineate the full :length of a lane closure, shift, or encroachment, except as modified by this Subsection. (a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all transition tapers. The minimum length of the approach transition taper for a lane closure, shift, or encroachment for highways with posted speed of 45 mph or greater shall be equal to the lane width of lateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not less than 150 feet. For multiple lane closures, only one lane may be closed per taper with a minimum tangent length of 2L between tapers. The length of a closed lane, excluding the transition taper, will be limited to two mile, unless otherwise approved or directed by the Engineer. Drums shall be placed the full length of the taper spaced at maximum htervals in feet equal to the numerical speed limit (EXAMPLE: 55 Mph Speed Limit = 55 feet maximum spacing). F'or taper lengths on urban, residential or other streets where the posted speed is 40 mph or less, the minimum iength of the approach transition taper may be computed using the formula L = WS~ /60. Greater taper length shall be used when required for individual situations. Drums with steady burning lights, for the length of the taper only, are required if the cCindition exists into the night. (b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for various roadside work conditions except as modified by Subsection 150.06. Spacing shall bEl used for situations meeting any of the conditions listed as follows: (1) 50 FOOT SPACING MAXIMUM: (a) For difference in elevation exceeding two inches. (b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail 150-E.. -r-c-/?- I I I I I 1 I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (2) 100 FOOT SPACING MAXIMUM: (a) For difference in elevation of two inches or less. (b) Flush areas where equipment or workers are within ten feet of the travel lane. (3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane. (a) For paved areas eight feet or greater in width that are paved flush with a standard width travel lane. (b) For disturbed shoulder areas not completed to typical section that are flush to the travel lane and considered a usable shoulder. When the appropriate signs are posted advising of conditions such as soft or low shoulder, drums may be removed after shoulders are completed to typical section and grassed and after guardrail or other safety devices have been installed. b. VERTICAL PANELS: (1) DESIGN: All vertical panels shall have a minimum of270 square inches ofretro-reflective are.a facing the traffic and shall meet the requirements of the MUTCD. (2) APPLICATION: Lane encroachment by the drum on the travel way should permit a remaining lane width often feet. When encroachment reduces the travelway to less than ten feet, vertical panels shall be used to restore the travel way to ten feet or greater. No other application of vertical panels will be permitted. c. CONES: (1) DESIGN: All cones shall be a minimum of28 inches in height regardless of application and shall meet the requirement of the MUTCD. (2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime work will not be permitted. d.' BAJtRICADES: (1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized as rE~quired in Subsection ISO.01.C. (2) APPLICATION: Type III barricades shall be placed as required by the plans, the Standards, and as directed by the Engineer. e. WAHNING LIGHTS: (1) DESIGN: All warning lights shall meet the requirements of the MUTCD. (2) APPLICATION: (a) Type A low-intensity flashing lights shall be used as shown in the Plans, the ~itandards, and as directed by the Engineer. Flashing lights are not required for advance warning signs in Subsection ISO.03.H. -rc-/s- I 1 I I I 1 1 I I I 1 I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (b) Type C Steady-Bum lights shall be used on all tapers when the condition existl into the night. Stsady-burn lights shall also be used as shown in the Plans, the Standards, and as directed by the Engineer. . f. PORTABLE BARRIERS: (1) DESIGN: Portable Barriers shall meet the requirements of Section 622 - PRECAST CONCRETE BARRIER. en APPLICATION: Portable Barriers shall be placed as required by the plans. standards, and as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel lane, yellow reflectors shall be fixed to the top of the barrier at intervals not greater than 50 feet and shall be mounted approximately two inches above the barrier. The reflectors shall h~ either 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels, OJ:' 8" diameter center-mounted sealed prismatic reflex reflectors housed in an aluminum backing with a single grommeted hole. A:pproach end of Portable Barrier shall be flared or protected by an impact attenuator (crash cushion) or other approved treatment ill accordance with Georgia Standard 4960, Construction Details and Standard Specifications. On interstate or other controlled access highways where lane shifts or crossovers cause opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as a separator. B. TEMPORARY SAND LOADED A'ITENUATOR MODULES 1. DESCaIPTION: This work consists of the furnishing, installation, maintenance, relocation, reuse as required, and removal of Temporary Sand Loaded Attenuator Modules for traffic impact attenuators. 2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Subsection 648.02 for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules _ Stabilizer Drums with Wine Glass shaped Inner Containers. 3. CONSTRUCTION: Temporary Sand Loaded Attenuator Module installation shall conform. to the requirHment.s of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be instalIe.d at locations designated by the Engineer. C. PORTABLE IMPACT ATTENUATORS: 1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation, maintenance, relocation, reuse as required, and removal of Portable Impact Attenuators. 2. MATEEIALS: Materials used in the Attenuator shall meet the requirements of Section 650 for Type A Portable Impact Attenuators. 3. CONSTRUCTION: Portable Impact Attenuator installation shall conform. to the requirements of Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locations designated by the Engineer, and/or shown on the plans. D. TEMPORAlty GUARDRAIL ANCHORAGE - Type 11: 1. DESCRIPTION: This work consists of the furnishing, installation, maintenance and removal of Temporcl)" Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail end treatment. TC-/~ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 2. MATERIALS: Materials used in the Temporary Guardrail Anchorage - Type 11 shall meet the requirements of Subsection 641.02 of the Standard Specifications and current Georgia Standards and may be new or used. Materials salvaged from the Project which meet the requirements of Standards may be utilized if available. The use of any salvaged materials will require prior approval of the Engineer. 3. CONSTRUCTION: Installation of the Temporary Guardrail Anchorage - Type 11 shall conform to the requirements of the Plans, current Georgia Standards and Subsection 641.03 of the Stand.ard Specifications. Installation shall also include sufficient additional guardrail and appurtenances to effect the transition and connection to Temporary Concrete Barrier as required by the -details in Georgia Standard 4960. 150.06 EXCAVATION ADJACENT TO A TRAVEL LANE: Construction work involving trenching adjacent to a travel way shall not begin until the Contractor is able to continuously place the required typical section to within two inches of the existing pavement elevation, or heal the remaining difference in elevation to the traveled way as shown in Detail ISO-E. Channelization devices and placement during the construction period shall conform to the requirements of Subsection 150.05 and Details 150-B, 150-C, 150-D, and 150-E shown herein. In addition to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT) (RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream of the point where channelization devices are erected on the paving edge. A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-offs in elevation of more than two inches between surfaces carrying, or adjacent to, traffic will not be allowed for more than 24 hours. However, where the Contractor has demonstrated the ability to continuously excavate and backfill in a proficient manner, a single length of excavated area not to exceed 1000 feet may be left open as a start up area for periods not to exceed 48 hours. B. ASPHALT BASES/BINDERS: Drop-offs in elevation of more than two inches between surfaces carrying or adjacent to traffic will not be allowed for more than 48 hours. C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work adjacent to the traveled way which involves these types of bases shall be healed within 48 hours after the curing period is complete for each section placed. During the placement period, traffic control devices will be in accordance with Subsection 150.05 and Detail 150-B. D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRAVELWAY: Work such as drainage st11.lctures, utility facilities, or any other work which results in a drop-off adjacent to the travel way shall be performed expeditiously so as to minimize the exposure to the hazard. As soon as practical, the excavation shall be backfilled to the minimum requirements of Detail ISO-E. In no case will the drop,-offbe allowed to exist more than five calendar days. This may require stage construction, such as plating and backfilling the incomplete work. -rc- /7 I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA NOTE. Drums reQUired for thIs locotlon,apoced at 50 FT. Intervals. If the traveled way width Is reduced to less than /0 feet by the use of drums. vertlc:al panels sholl be used In II el.l of drums. Location of drums when drop-off exceeds ~ Inche~ F ----------~ . . ------------- ~ 1r NEW CONSTRUCTION + TRAVEL LANE ~ DROP-OFF GREATER THAN 4 INCHES DET AIL 150-8 Drums spaced at 50 feet Intervals. LocatIon of drums when drop-off Is 2+ Inches to -1 Inches. }= _l~~~______\t -----------\ c t- NEW CONSTRUCTION + TRAVEL LANE ~ DROP-OFF OF 2+ INCHES TO 4 INCHES DET AIL ISO-C -rc-/t? 1 1 I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Drums ;spoced ot 100 feet Intervo/s. Locot/on of .dr~s when drop-off Is Z Inches or less. }= ~f~~/- ______\ -----------\ ( l NEW CONSTRUCTION + TRAVEL LANE ~ DROP-OFF OF 2 INCHES OR LESS DET AIL 150-0 Locot/on of drums Immedlotely ofter completion of heoled sectIon. spoced ot 50 ft./ntervols. Compocted oroded oooreoote,subbose moterlolor. dtrt. TOP OF DRUM TO BE LEVEL 2 ft. +/- ----------\~t -----------\ NO STEEPER THAN 4:1 F- ~ NEW CONSTRUCTION + TRAVEL LANE 1r--+ HEALED SECTION DET AIL ISO-E TC- /1 I 1 I I 1 I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 150.07 FLAGGING AND PILOT CARS: A. Flaggers ,shall be provided as required to handle traffic, as specified in the Plans.or Special Provisions, and as required by the Engineer. B. All flaggers shall meet the requirements of the MUTCD arid must have received training and a certificatl~ upon completion of the training from a Department approved training program. Failure to provide certified flaggers as required above shall be reason for the Engineer suspending work involving the flagger{s) until the Contractor provides the certified flagger(s). C. Flaggers snall wear high-visibility clothing in compliance with the MUTCD and shall use a Stop/Slow paddle mE,eting the requirements of the MUTeD for controlling traffic. The Stop/Slow paddles shall have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow paddle, a flagger may use a 24 inches square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements of the MUTCD. E. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the presen~e of the flagger shall be placed beyond the point where traffic can reasonably be expected to stop under the most severe conditions for that day's work.. 150.08 ENFOf;:CEMENT: The safe passage of pedestrians and traffic through and around the temporary traffic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section 150 (TRAmC CONTROL) will result in non-refundable deductions of monies from the Contract as shown in this Subsection for non-performance of Work. Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending all other work on the Project, except erosion control and traffic control, taking corrective action as specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work on the Project tmtil traffic control deficiencies are corrected. These other actions shall be in addition to the deductions for non-performance of traffic control. -rc-co 1 I I 1 1 I I I 1 I I I I I 1 I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA ~EDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF TRAFFIC CONTROL INSTALLATION ANDIOR MAINTENANCE C ORIGINAL TOTAL CONTRACT AMOUNT . I I From More Than To and Including- Daily Charg-e $0 $100,000 $100 tOo,OOO 1,000,000 250 1,000.000 5,000,000 500 5,000,000 20,000,000 750 20,000,000 40,000,000 1,000 40,000,000 - 1,500 150.09 MEAS:JREMENT: A. TRAFFIC CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows: When the first Construction Report is submitted, a payment of25 (twenty-five) percent of the Lump SUlIl price will be made. For each progress payment thereafter, the total of the Project percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid (less previous payments), not to exceed one hundred (100) percent and subject to normal retainage. When no 'payment item for Traffic Control-Lu.mp Su.m is shown in the Proposal, all of the requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of complying with these requirements will not be paid for separately, but shall be included in the overall bid submittal. B. SIGNS: When shown as a pay item in the contract, interim special guide signs will be paid for as listed below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid for under Traffic Control Lump Sum or included in the overall bid submitted. 1. Interim ground mounted or interim overhead special guide signs will be measured for payment by the square foot. This payment shall be full compensation for furnishing the signs, including support.!: as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting, and final removal from the Project. Payment will be made only one time regardless of the number of move:; required. 2. Remove and reset existing special guide signs, ground mount or overhead, complete, in place, will be measured for payment per each. Payment will be made only one time regardless of the number of move~i required. 3. Modify ~;pecial guide signs, ground mount or overhead, will be measured for payment by the square fc,ot. The area measured shall include only that portion of the sign modified. Payment shall include materials, removal from posts or supports when necessary, and remounting as required. -rc-z/ I 1 I I I 1 1 I I 1 I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622. D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured as specifiHd in Section 632. E. TEMPOR~Y GUARDRAIL ANCHORAGE, Type 11: Temporary Guardrail Anchorage - Type 11 will be measured by each assembly, complete in place and accepted according to the details shown in the plans, which shall also include the additional guardrail and appurtenances necessary for transition and connl~ction to Temporary Concrete Barrier. Payment shall include all necessary materials, equipment, labor, site preparation, maintenance and removal. F. TRAmC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation - Temporary will be measured as specified in Section 647. G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in Section 647. H. TEMPORARY, SAND LOADED A'ITENUATOR MODULES: Each Sand Loaded Attenuator Module of the type specified includes all material components, hardware, incidentals, labor, site preparation and maintE!nance. Each module will be measured for paYment by the drum only once regardless of the number oflocations installed. Modules to replace those damaged or destroyed by traffic impact will also be measured by the unit for payment. Upon completion of the project, the modules shall be removed and retained by the Contractor. 1. PORTABLE: IMPACT ATI'ENUATORS: Each Portable Impact Attenuator will be measured by the unit which ,shall include all material components, hardware, incidentals, labor, site preparation, and maintenanl:e, including spare parts recommended by the manufacture for repairing minor accident damage. Ea.ch unit will be measured only once regardless of the number oflocations installed, moves required, 01' number of repairs necessary because of traffic damage. Upon completion of the project, the units shall be removed and retained by the Contractor. J. PA VEME:t-i1' MARKINGS: Pavement markings will be measured as specified in Section 150. 150.10 PAYMENT: When shown in the Schedule ofItems in the Proposal, the following items will be paid for separately. Item No. 150. Traffic Control. . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sum Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile Item No. 150. Traffic Control, Solid Traffic Stripe, Thermoplastic Inch, (Color) ........................... per Linear Mile Item No. 150. '!'raffic Control, Skip Traffic Stripe, Thermoplastic Inch, (Color) ......... . . . . . . . . . . . . . . . . . . per Linear Mile Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors ................. per Each Item No. 150. '['raffic Control, Raised Pavement Markers - All Types. . . . . . . . . . . . . . . . . .. per Each Item No. 150. Interim Ground Mounted Special Guide Signs. . . . . . . . . . . . . . . . . . .. per Square Foot Item No. 150. Interim Overhead Special Guide Signs. . . . . . . . . . . . . . . . . . . . . . . . .. per Square Foot 7&ZZ I I I 1 I. I I I I 1 1 I 1 I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Item No. 150. Remove & Reset Existing Special Guide Signs, Ground Mount, Complete in Place. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. per Each Item No. 150. Remove & Reset, Existing Special Guide Signs, Overhead,Complete in Place ..................................... Per Each Item No. 150. Traffic Control, Temporary Sand Loaded Attenuator Modules ............ per Each Item No. 150. Traffic Control, Portable Impact Attenuator .... .......... " . .. .. .. . . . .. Per Each Item No. 150. _Traffic Control, Pavement Markers, Words and Symbols. . . . . . . . . " per Square Foot Item No. 150. Traffic Control, Pavement Arrow (Painted) With Raised Reflectors.. .. . ... per Each Item No. 150. Modify Special Guide Sign, Ground Mount. ...... ..... ..... . . . . .. per Square Foot Item No. 150. Modify Special Guide Sign, Overhead. . . . . . . . . . . . . .. . . . . . . . . . . " per Square Foot Item No. 622. Precast Concrete Median Barrier. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . per Linear Foot Item No. 632. Changeable Message Sign, Portable .................................. per Each Item No. 641 Temporary Guardrail Anchorage, Type 11 ............................. per Each Item No. 647. Traffic Signal Installation, Temp. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . ~ Lump Sum Item No. 647. Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . .. per Each Item No. 647. Flashing Beacon Assembly, Cable Supported. . . . . . . . . . . . . . . . . . . . . . . . . .. per Each -rc - z. 3 I 1 ~ .J I 1 I I I I I Il. I I I I ! I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA CONTRACT DO NOT UNSTAPLE THIS BOOKLET... . ENTER ALL REQUIRED INFORMATION ----------.------------------ EITHER BY HAND OR BY STAMP. DATE OF OPENING : NONE CALL ORDER : NONE CONTRACT ID : C31653-98-000-0 PCN PROJECTS AND CONTRACT NO. ------------------------------ 3291809Cl0000 PRLOP-8530-53 (245) Cl COUNTY : RICHMOND CODE: 5AU230 CITY OF AUGUSrA CITY COi'lTRACT C~-\ I I I I I I I ~ I THIS AGREEMENT MADE AND ENTERED INTO THIS THE ___DAY OF 19___ BY AND BETWEEN THE DEPARTMENT OF TRANSPORTATION PARTY OF THE FIRST PART (HEREINAFTER CALLED THE DEPARTMENT) AND THE CITY COUNCIL OF THE CITY OF---AUGUSTA (HEREINAFTER CALLED THE CITY) WHO HAVE BEEN DULY AUTHORIZED TO EXECUTE THIS AGREEMENT: WITNESSETH: WHEREAS, THE DEPARTMENT AND THE CITY DESIRE THE IMPROVEMENT AND CONSTRUCTION OF A CERTAIN FACILITY AND THE CITY DESIRES AND AGREES TO FURNISH ~~D DELIVER ALL THE MATERIAL AND TO DO AND PERFORM ALL THE WORK AND LABOR FOR SAID PURPOSE. THE PROJECT BEING MORE PARTICULARLY DESCRIBED HEREIN. NOW THEREFORE IN CONSIDERATION OF THE PREMISES, THE MUTUAL COVENANTS HEREIN CONTAINED AND THE SUM OF ONE DOLLAR ($1.00) BY EACH OF THE PARTIES TO THE OTHER IN HAND PAID, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: (1) THE WORK AND MATERIALS SHALL BE IN STRICT AND ENTIRE CONFORMITY WITH THE PRO\'ISIONS OF THIS CONTRACT AND THE PLANS AND SPECIFICATIONS PREPARED (OR APPROVED) BY THE CHIEF ENGINEER OR HIS AUTHORIZED REPRESENTATIVE THE ORIGINALS OF WHICH ARE ON FILE IN THE OFFICE OF CHIEF ENGINEER AND WHICH SAID PLANS AND SPECIFICATIONS ARE HEREBY MADE PART OF THIS AGREEMENT AS FULLY AND TO THE SAME EFFECT AS IF THE SAME HAD BEEN SET FORTH AT LENGTH IN THE BODY OF THIS AGREEMENT. THIS CONTRACT WILL BE EXECUTED AND CONSTRUCTED IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS, 1993 EDITION, AND THE 1997 SUPPLEMENTAL SPECIFICATION BOOK AND SPECIAL PROVISIONS INCLUDED IN AND MADE A PART OF THIS CONTRACT. (2) IT IS UNDERSTOOD THAT MATERIAL PITS ARE TO BE FURNISHED BY THE CITY AT NO COST TO THE DEPARTMENT OF TRANSPORTATION. (3) IT IS UNDERSTOOD THAT THE DEPARTMENT OF TRANSPORTATION WILL NOT PARTICIPATE IN THE COST OF ANY UTILITY FACILITY REMOVAL AND RELOCATIONS NECESSARY IN CONNECTION WITH CONSTRUCTION OF THIS PROJECT, UNLESS OTHERWISE SPECIFIED IN THE CONTRACT. THE (COUNTY/CITY) SHALL BE RESPONSIBLE FOR HANDLING THE ARRANGEMENTS WITH THE UTILITY OWNERS FOR ANY REMOV~L AND RELOcATIONS NECESSARY. THE (COUNTY/CITY) SHALL GIVE THE UTILITY OWNERS AMPLE NOTICE, OF THE IMPENDING CONSTRUCTION, TO ALLOW TIME FOR ENGINEERING AND MATERIAL ORDERS REQUIRED FOR ANY REMOVAL AND R:~LOCATIONS NECESSARY. ALSO, THE (COUNTY/CITY) AGREES TO CLEAR RIGHTS-OF-WAY OBSTRUCTIONS WITHOUT EXPENSE TO THE DEPARTMENT OF TRANSPORTA'rION. FOR PURPOSE OF APPLYING PROVISIONS OF THIS PARAGRAPH, RAILROADS ARE CONSIDERED UNTILITIES. IN ADDITION TO THE FOREGOING, THE (COUNTY/CITY) SHALL OBTAIN APPROVAL OF PLANS AND ACQUIRE EASEMENTS OR OTHER PROPERTY RIGHTS FROM THE RAILROAD FOR CONSTRUCTION ~vITHIN RAILROAD PROPERTY/RIGHT OF WAY AND SHALL PROVIDE FOR THE PROTECTION OF RAILROAD INTERESTS, INCLUDING FLAGGING AND INSPECTION, AS MAY BE REQUIRED BY THE RAILROAD. (4) IT IS UNDERSTOOD THAT THE QUANTITIES SHOWN ARE APPROXIMATE ONLY AND SUBJECT EITHER TO INCREASE OR DECREASE AND ANY INCREASES OR DECREASES ARE TO BE PAID FOR AT THE CONTRACT UNIT PRICE GIVEN . (5) THE WORK SHALL BEGIN WITHIN TEN DAYS AFTER NOTIFICATION TO BEGIN WORK BY THE CHIEF ENGINEER TO THE CITY AND SHALL BE CARRIED THROUGH TO CO}lPLETION WITHOUT UNREASONABLE DELAY AND WITHOUT SUSPENSION OF WORK UNLESS AUTHORIZED IN WRITING BY THE CHIEF ENGINEER. IF THERE ARE tmREASONABLE DELAYS OR UNAUTHORIZED SUSPENSIONS OF WORK, THE DEPARTMENT RESERVES THE RIGHT TO CHARGE THE CITY, NOT AS A c::..~ - 2.. I I I I 1 I I I I I 1 I I PENALTY BUT AS LIQUIDATED DAMAGES, THE COST TO THE DEPARTMENT OF MAINTAINING ITS ENGINEERING AND INSPECTION FORCE ON THE WORK OR TO CANCEL THIS CONTRACT AND COMPLETE THE WORK BY CONTRACT OR OTHERWISE. (6) THE WOR:< SHALL BE DONE IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA UND:~R THE DIRECT SUPERVISION AND TO THE ENTIRE SATISFACTION OF THE DEPART~~NT OF TRANSPORTATION. THE DECISION OF THE CHIEF ENGINEER UPON ANY QUESTION CONNECTED WITH THE EXECUTION OR FULFILLMENT OF THIS AGREEMENT AND INTERPRETATION OF THE SPECIFICATIONS OR UPON ANY FAILURE OR DELAY IN THE PROSECUTION OF THE WORK BY THE CITY SHALL BE FINAL AND CONCLUSIVE. (7) THE CIT~~ AGREES TO PERFORM ALL EXTRA WORK THAT MAY BE REQUIRED OF THEM ON ~~HE BASIS OF ACTUAL COST. (8) THE FINlillCING OF THIS PROJECT SHALL BE AS FOLLOWS: PAYMENTS WILL BE MADE ON MONTHLY STATEMENTS AS THE WORK PROGRESSES. DRUG-FREE WORKPLACE CERTIFICATION ------------.--------------------- THE UNDERSIGNED, CERTIFIES THAT THE PROVISIONS OF CODE SECTIONS 50-24-1 THROUGH 50-24-6 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, RELATING TO THE 'DRUG_FR.EE WORKPLACE ACT', HAVE BEEN COMPLIED WITH IN FULL. THE UNDERSIGNED FURTHER CERTIFIES THAT: (1) A DRUG-FREE WORKPLACE WILL BE PROVIDED FOR THE CONTRACTOR'S EMPLOYEES DURING THE PERFORMANCE OF THE CONTRACT; AND (2) EACH CONTRACTOR WHO HIRES A SUBCONTRACTOR TO WORK IN A DRUG-FREE WORKPLACE SHALL SECURE FROM THAT SUBCONTRACTOR THE FOLLOWING WRITTEN CERTIFICATION: 'AS PART OF THE SUBCONTRACTING AGREEMENT WITH (CONTRACTOR'S NAME) ,(SUBCONTRACTOR'S NAME) ------------------------------------------------------- CERTIFIES TO THE CONTRACTOR THAT A DRUG-FREE WORKPLACE WILL BE PROVIDED FOR THE SUBCONTRACTOR'S EMPLOYEES DURING THE PERFORMANCE OF THIS CONTRACT PURSUANT TO PARAGRAPH (7) OF SUBSECTION (B) OF CODE SECTION 50-24-3_ ' ALSO THE UNDERSIGNED FURTHER CERTIFIES THAT HE WILL NOT ENGAGE IN THE UNLAWFUL MANJFACTURE, SALE, DISTRIBUTION, DISPENSATION, POSSESSION, OR USE OF A CON'rROLLED SUBSTANCE OR MARIJUANA DURING THE PERFORMANCE OF THE CONTRACT. ------------.------------------------------------------------------- c:.. <:. -..:3 I I I I I I I I I 1 I I I IN WITNESS WHEREOF THE DEPARTMENT OF TRANSPORTATION HAS CAUSED THESE PRESENTS TO BE EXECUTED BY THE COMMISSIONER OF SAID DEPARTMENT, WHO HAS BEEN DULY AUTHORIZED, AND BY THE MAYOR FOR THE CITY, WHO HAS BEEN DULY AUTHORIZED BY THE CITY COUNCIL OF SAID CITY, WHO HAVE HERETO SET THEIR HAND THIS DAY 'AND YEAR AS SHOWN BELOW. ***************************************** FED ID NO.fIRS NO. ***************************************** EXECUTED ON-BEHALF OF THE DEPARTMENT OF TRANSPORTATION THIS EXECUTED ON BEHALF OF THE CITY OF AUGUSTA THIS THE _ DAY OF BY: COMMISSIONER 19_ THE DAY OF 19_ BY: MAYOR RECOMMENDED: WITNESS FOR CITY: DIVISION DIEECTOR DATE: THIS CONTRACT APPROVED BY THE CITY COUNCIL AT A MEETING HELD AT WITNESS FOR THE DEPARTMENT OF TRANSPORTATION: THIS THE _ DAY OF 19_ CLERK c~-4- DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISIONS DATE: 03/24/98 PAGE: 1 CONTRACT ID : C31653-98-000-0 INTERSECTION IMPROVEMENTS ON PHINIZY RD AT SR 56 IN AUGUSTA_ S.P. CODE -------------------------------------------------~------------------------------ SPECIAL PROVISIONS DESCRIPTION ------------------------------------------------------------------------------- 06-1-93-SP l07-1-93-SP 08-1-93-SP 09-1-93-SP 52-1-93-SP 161-2-93-SP 00-2-93-SP 02-1-93-SP 820-1-93-SP 28-1-93-SP 98-0-00-SP 99-0-00- CONTROL OF MATERIALS LEGAL REGULATIONS (ENVIRONMENTAL)COUNTY/CITY CONTRACTS WAIVE PROGRESS SCHEDULE PARTIAL PAYMENT (CITY/COUNTY CONTRACTS) FIELD LABORATORY BUILDING SOIL EROSION & SEDIMENTATION (COUNTY/CITY CONTRACTS) .ASPHALTIC CONCRETE (COUNTY CONTRACTS) RECYCLED ASPHALTIC CONCRETE (COUNTY CONTRACTS) .ASPHALT CEMENT :~T Mt~ ASP1;0.LTIcnCONCftETE MIXTU~s.- JJ;k1 \ " 1 :::::&~J ~q ilOl15 - llrl>Cl> n~ (ffildi:l= I .. -,,~ "J J::I:gQL PLANS () - c<::-- 5 I I I I December 12, 1997 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 106 - CONTROL OF MATERIALS 106.03 SAMF'LES, TESTS, CITED SPECIFICATIONS: Delete the second paragraph in this Subsection and substitute the following: For work perfonned under Section 400, Hot Mix Asphaltic Concrete Construction, all materials shall be inspected and tested by the Hot Mix Producer before incorporation into the Work. All quality control samples shall be taken and tested by the Hot Mix Producer's designated quality control technician. Such tests shall be perfonned at the Hot Mix Producer's expense and in accordance with the methods of tests established by the Department. Copies of all tests perfonned by the Hot Mix Producer shall be furnished to the Engineer and will become a part of the project records. At the discretion of the Department, the Hot Mix Producer's quality control tests may be used as acceptance tests. The Department will maintain surveillance of the Hot Mix Producer's Quality Assurance Acc'~ptance Program and shall take samples and conduct tests as necessary to verify correctness of the Hot Mix Producer's quality control tests and detennine acceptability of materials and construction. The Hot Mix Producer shall be responsible for the quality of the construction and materials incorporated therein. Office ofMateri:als and Research \\ C~-<D . .. Revision: May I, 1994 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 107 ~ LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC NODIFICATION TO THE CURRENT. STANDARD SPECIFICATIONS DELETE SUB-:;ECTION 107.23 AS WRITTEN AND SUBSTITUTE THE FOLLOWING: 107.23 ENVIRONMENTAL CONSIDERATIONS: All environmental considerations and clearances shall be the responsibility of the County or municipality to meet, including the requirements of Section 404 o~ the Clean Water Act (33 USC 1344). After July 1. 1991. State funded projects must comply with the requirements of Chapter 16 of Title 12 of the Official Code of Georgia Annotated. the Georgia Environmental Policy Act (GEPA), of 1991. In compliance with GEPA, those projects for ~"hich Federal funding is sought. and NEPA compliance is accomplished. are exempt from the requirements of GEPA. GEPA requiI'es that environmental documentation be accomplished for County or City projects if more than 50 percent of the total project cost is funded by a grant of a State Agency or a grant of more than $250,000 is made by the State Agency to the municipality or County. The "responsible official of the government agency shall determine if a proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment~. A. THE FOLLOWING PROJECTS WOULD NOT SIGNIFICANTLY ADVERSELY AFFECT THE QUALITY OF THE ENVIRONMENT: Non-land disturbing. activities and minor land disturbing activities which would not be anticipated to significantly adversely affect the qualil:y of the environment include the following list. These types of prl)jects funded with state money would not be subject to environmental asses:;ment of any kind. Hearing procedures outlined in GEPA would not be app licab Ie. 1. Minor roadway and non-historic bridge projects. a. Modernization of an existing highway by resurfacing, restoration, rehabilitation, adding shoulders, widening a single lane or less in each direction, and the addition of a median within previously disturbed existing right-of-way. b. Adding auxiliary lanes for localized purposes (weaving, climbing, speed changes, etc.), and correcting substandard curves and intersections within previously disturbed existing right-of- way. c. Non-historic bridge replacement projects in existing alignment with no detour bridge. <::.<::.-7 ... . 2. Lighting, signing, pavement marking, signalization. freeway surveillance and control systems, and rai~road protective devices. 3. Safety projects such as grooving, glare screen. safety barriers. energy attenuators, median barriers, etc. 4. Highway landscaping and landscape modification, rest area projects and truck weigh stations within previously disturbed existing right- of way. 5. Co~struction of bus shelters and bays within existing right-of-way. 6. Temporary replacement of a highway facility which is commenced iUllnediately after the occurrence of. a natural disaster or ca:astrophic failure to restore the highway for the health, welfare. and safety of the public. B. THE FOLLOWING PROJECTS MAY NOT SIGNIFICANTLY ADVERSELY AFFECT THE QUALITY OF THE ENVIRONMENT: For projects wh'ich will cause land disturbance and for which there is no anticipation that the project may significantly adversely affect the quality of the environment. certain studies will be undertaken. These studies would serve to document whether or not the County or municipality should anticipate that a project might significantly adversE!ly affect the quality of the environment. Documentation of the studie!i will be accomplished through he use of the "GEPA Investigation Studie!:" checklist. The types of project which would fall under the category would include: 1. Bridge replacement project on new location or with a detour bridge, w~E:re there are no significant adverse impacts to historic or archaeological resources. no involvement. with Federally listed threatened and endangered species and no significant adverse impact to wetlands. 2. Passing lanes, median additions and widening projects, where there are: no significant adverse impacts to historic or archaeological resources, no involvement with Federally listed threatened and endangered species and no significant adverse impact to wetlands. 3. Safety and intersection improvements where there are no significant adverse impacts to historic or archaeological resources, no involvement with Federally listed threatened and endangered species and no significant adverse impact to wetlands. 4. Rest area projects and truck weight stations with no purchase of additional right-of-way. 5. Ne~' location projects where there are no significant adverse impacts to historic or archaeological resources. no involvement with Federally listed threatened and endangered species and no significant adverse impact to wetlands. c::. c:... - B ., . -, . I I I I I I If studies demonstrate that the project will not significantly adversely affect the quality of the environment, project files will be documented. If studies demonstrate that the project may significantly adversely affect the quality of the environment. development of an environmental effects report (EER) will be undertaken along with full GEPA compliance. C. THE FOLLOWING PROJEcrS HAY SIGNIFICANTLY ADVERSELY AFFECT THE QUALITY OF THE ~NVIRONKENT: This c,:ltegory of project may projects. If such projects an EER shall be prepared. include result major widening and new location in a significant. adverse effect. D. EER PROCEDURE: GEPA c8,11s for consideration of the "c;umulative effect of the proposed government actions on the environment....if a series of proposed government actions are related either geographically or as logical parts in a chain of contemplated actions". Therefore, EER's for sections of roadways to be widened or built as new location facilities will include all projects which are connected geographically or as logical parts in a chain of contemplated actions. 1. Dur:lng preparation of an environmental effect report, the County or municipality will consult with and solicit comments from agencies which have jurisdiction by law, special expertise. or other interest with respect to environmental impacts. 2. In compliance with GEPA the following shall be contained in the EER. at a minimum: a. Cover sheet; b. Executive summary; c. Alternatives. including the no-build; d. Relevant environmental setting; Geology. soils, water supply and wetlands. floral fauna, archaeology/history. economic environment. energy. cultural resources; e. The environmental impact of the proposed action of the relevant setting and mitigation measures proposed to avoid or minimize adverse impact; f. Unavoidable adverse environmental effects; g. Value of short-term uses of the environment and maintenance. and enhancement of its long-term value; h. Beneficial aspects, both long term and short term and its economic advantages and disadvantages; i. Comments of agencies which have jurisdiction by law, special expertise, or other interest with respect to any environmental impact or resource; c:::...<::.-~ . ..... . 3. At least 45 days prior wi th the undertaking, in which the proposed to occur notice that pn~pared" . to.making a decision as to whether to proceed publish in the "legal organ of each county governmental action or any part thereof is an environmental effects report has been 4. Th.; County or municipality shall send a copy of the EER and all other comments to the Director, EPD. 5. The County or municipality shall make the document available to the public and agencies, upon request. 6. A public hearing will be held in each affected county if a least 100 residents of the State of Georgia request on within" 30 days of publication in the legal organ of an affected county. The re!iponsible official or his designee may hold a public hearing if le!is than 100 requests are received. [The County or municipality is not relieved of other State legal requirements of publi~ hearings, ho,rever. ] 7. Following the public notice period and/or public hearing a summary of the document, comments received and recommendation as to whether to proceed with the action as originally prepared, to proceed with changes, or not to proceed will be prepared (Notice pf Decision). 8. Thi,s decision document, when signed by the responsible official, wi 11 be sent to the Director, EPD, and an abbreviated notice of thE: decision will be published in the legal organ of each county in which the proposed governmental action or any part thereof is to occur. 9. A c.opy of the decision document, the EER, and public hearing comments (if any) will be sent to the DEPARTMENT OF TRANSPORTATION, OFFICE OF ENVIRONMENT AND LOCATION and the DEPARTMENT OF NATURAL RESOURSES, ENVIRONMENTAL PROTECTION DIVISION for their files. DEPARTMENT OF TRANSPORTATION OFFICE OF ENVIRONMENT AND LOCATION 3993 AVIATION CIRCLE ATLANTA, GEORGIA 30336 DEPARTMENT OF NATURAL RESOURSES ENVIRONMENTAL PROTECTION DIVISION 205 BUTLER STREET, SE SUITE 1152 ATLANTA, GEORGIA 30334 Any mitigation I measures identified in the EER will be incorporated. into the final project plans. Office of State Aid C~- \0 DEPARTMENT OF TRANSPORTA nON STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 Section 108 - Prosecution and Progress I For this projl~ct the progress schedule required by Subsection 108.03, need not be submitted. I I I ~,-- \\ September 15, 1997 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SUPPLEMENTAL SPECIFICATION CTION 109 - MEASUREMENT & PAYMENT (CITY I COUNTY CONTRACTS) 9.07 PARTIAL PAYM~S: Retain as written except as follows: GENERAL: Delete "At the end of each calendar month""':---and substitute the 10th day of each calendar month----". ice of State Aid ct.- \ 'Z. I I I 1 1 I I 1 I I I I I I I I I I 1 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFlCA nONS 'JULY 1, 1993 REVISED: NOVEMBER 6, 1995 Section 161 - Control of Soil Erosion and Sedimentation Retain as written and add the following: It shall be the responsibility of the county or city to meet the requirements of Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the Erosion and Sedimentation Act of 1975, as c::.xrrently amended. C~ - \3 I I I I December 12, 1997 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION (For State Aid Contracts Only) SECTION 400 - HOT MIX ASPHALTIC CONCRETE CONSTRUCTION 400.05.C.4: LEVELING COURSE: Delete second paragraph and substitute the following: Mixtures for leveling courses shall meet the requirements of the approved Job Mix Fonnula as defined in Subse:ction 400.06 and all appropriate requirements of Section 828 and will be subject to Acceptance a!) stated in Subsection 400.07.A TABLE 400.05.C.4.a.: PATCHING AND LEVELING: Add the following statement after Table 400.05.C.4.a. Where the surface mix is t.:> be a Sand Asphalt, Sand Asphalt will be allowed for Leveling and/or Patching in addition to the above mixes. Sand Asphalt will not be allowed as Leveling under surface trea!ment, slurry seal, or other asphaltic concrete mixtures. 400.05.D.l. THlCKNESS OF LAYERS: Change the Minimum Layer Thickness for ''If' Mix and "G" Mix in Table 400.05.D. I as follows: rvrrx TYPE "Ii" MINIMUM LAYER nnCKNESS 7/8" (85 Ibs./yd.2) 3/4" (80 Ibs./yd.2) "0" 400.05.F.: CONSTRUCTION OF CONTROL STRIPS AND DETERMINATION OF TARGET DENSITY: Delete this Subsection and substitute the following: Construction of control strips will not be required and 96% of Laboratory Density should be used to control compaction or if job conditions warrant, the Engineer may establish a maximum practical density. c...~-\~ I 1 I I .1 1 I I I I For Asphaltic Concrete with a plan spread rate of 125 Ibs./yds.2 or less, density tests will not be required. These courses shall be compacted as follows: 1. COMPACTION EQUIPMENT: The compaction equipment must be in good me,chanical condition and capable of compacting the mixture. The number, type, size, op~:ration, and condition of the compaction equipment shall be subject to the approval of the Engineer. A minimum of the following equipment shall be required: a. One steel wheel breakdown roller weighing at least 10 tons or vibratory roller operating at low amplitude and at a minimum frequency of 47Hz. b. One rubber tire roller weighing at least 8 tons or exerting at least 80 lbs./ in.2 ,:ontact pressure. I c. One steel wheel finishing roller weighing at least 8 tons or vibratory roller operating in static mode. 2. ROLLING OPERATION: Rolling shall be started as close behind the spreader as possible without excessive distortion of the mix and shall be continued until roller marks are no longer visible. A minimum rolling pattern shall consist of 2 coverages with the breakdown roller, 6 coverages with the Pneumatic-Tired roller, and 2 coverages with the steel wheel finish roller. 400.05.G.: MIXTURE NOT REQUIRING CONTROL STRIPS: Delete this Subsection. 400.07. ACCE][>TANCE PLANS: Delete all references to pay adjustments and pay factors. In addition, Delete 400.07.A, Gradation and Asphalt Cement Content, and substitute the following: 400.07.A. HOT MIX PRODUCER ACCREDITATION OF MATERIALS SAMPLING AND TESTING OF ASPHALTIC CONCRETE: Asphaltic Concrete Mixture shall be randomly sampled and testl~d by the Hot Mix Producer or Hot Mix Producer's Representative. In addition, these tests results may be used for Acceptance on a Lot basis. Failure to comply with the requirements list~~d herein may subject the plant facility to removal from the list of approved Hot Mix Asphaltic Concrete Plants (QPL-4S). A Lot shall cOn!iist of the number of tons of Asphaltic Concrete produced and placed each production day; however, if this production is less than 500 tons, or its square yard equivalent, it may be incorporated in the next working day's production. In the event the final day's production is insufficient to constitute a Lot, it may be included in the Lot for the previous day's run, or at the discretion of the Engineer, may be treated as a separate Lot with a corresponding lower number of tests. cc- \5 I I I I I I I I I I I 1. QUALITY CONTROL PROGRAM: This Quality Control Program allows the Department to accept the Hot Mix Producer's quality control tests as Acceptance Tesl:s for Asphaltic Concrete mixtures. The Hot Mix Producer's Quality Control Program as established in S.O.P. 27, "Quality AsSurance for Hot Mix Asphaltic Concrete Plants in Georgia," shall include, but not be limited to: a. The assignment of all quality control . responsibilities to specifically named individuals who have been duly certified by the Office of Materials and Research. b. Provisions for prompt implementation of control and corrective measures. c. Provisions for liaison with the Project Manager, Bituminous Construction Engin~er and Testing Management Supervisor at all times. The Hot Mix Producer shall provide at least one day's notice prior to beginning production, or prior to resuming production if operations have been temporarily suspended. d. Provisions for reporting daily through Office of Materials and Research computer Bulletin ,Board Service (BBS) the test results for extractions, lime checks, and stripping tests. Other tests, checks, calibrations, etc. will be reported on a fonn developed by the Hot Mix Producer and shall become a part of the project records. T he Quality Control Program shall be submitted for approval prior to beginning the Work. 2. CERTIFICATION REQUIREMENTS: The Office of Materials and Research will certify the Hot Mix Producer's Laboratory and testing equipment to assure that the equipment to be used is accurate and meets Departmental testing standards. Laboratories which participate in and maintain AASHTO Accreditation for testing Asphaltic Concrete Mixtures will be acceptable for certification by the Department provided other contract requirements are met. The designated Quality Control personnel must be certified by the Office of Materials and Research prior to commencement of work. There are two certification Levels for Quality Control Technicians. To become a certified Level 1- Quality Control Technician (QCT), such persons must be able to demonstrate that they are competent in perfonning the process control and acceptance tests and procedures related to Hot Mix Asphaltic Concrete production. The Level 2-QCT shall, in addition to Level 1 requirements, be capable of and responsible for making process control adjustments. The Engineer shall be notified in writing of any change in Quality Control personnel. c:..~ ~ \b The Hot Mix Producer shall have at least one designated QCT person at the plant at all times except when daily total weight for all mix types is to be greater than 250 tons. If daily production for all mix types of the plant is 259 tons or less, the QCT may be responsible for conducting tests at up to' two plants, subject to random number selection. In addition, the Hot Mix Producer is also required to have available, either at th(: plant site or within immediate contact by phone or radio, a Level 2-QCT person responsible for making prompt process control adjustments as necessary to correct the mIX. - 3. SAMPLING, TESTING AND INSPECTION REQUIREMENTS: Mixtures shall be randomly sampled according to GDT -73 (Method C) and tested by the QCT on a Lot basis. A copy of the computer generated random sampling data shall be maintained as a part of the project records. The Hot Mix Producer's QCT shall perfonn aU Sampling and Inspection duties in accordance with GSP-21. All sample containers, extract ants, fonns, diaries and other supphes shall be furnished by the Hot Mix Producer and are subject to approval of the Engineer. The Hot Mix Producer's QCT shall perfonn extraction or ignition (GDT-83 or GDT- 125) and gradation analysis (GDT-38) of samples of the mixture produced each day and s:unpled in accordance with GSP-15. If the ignition oven is used, a printout of sample weights shall become a part of the project records. The Hot Mix Producer shall maintain a Process Control Flow chart for each sieve specified on the Job Mix Fonnula and including the percent asphalt content. Such chart should include a graph plot of the deviations from the Job Mix Fonnula for each test as well as the allowable range based on the Mixture Control Tolerances specified in Section 828. If an Acceptance test result is outside Mixture Control Tolerances specified in Section 828, the Level 2-QCT shall determine if a plant adjustment is needed and immediately run a Process Control sample. If the Process Control sample is also out of Mixture Control Tolerances, an immediate plant adjustment shall be required and additional Proce~;s Control samples shall be taken as necessary to assure the corrective action taken was appropriate to control the mix. If the Hot Mix Producer's QCT obtains 2 consecutive Acceptance samples out of the Mixture Control Tolerances specified in Section 828, production shall stop immed.iately and the problem with mixture control will be investigated and corrected by the Hot Mix Producer's Level 2-QCT personnel prior to restarting production. The QCT shall measure the temperature of the mixture and record the results on the load ticket each time a sample is taken. This will be required for all mixes except ~~-\..., Asphaltic Concrete "OGFC", or ''Porous European Mix" mix where the temperature shall be measured and the results recorded at least once for each hour of production. The respective load ticket shall also be signed by the QCT for each load from which a sample is taken. . When hydrated lime is to be included in the mixture, calibration of the lime system shall be checked for accuracy a minimum of twice weekly during production and the result:~ of these calibration checks shall be posted at the plant for review. Additionally, records of materials (Asphalt Cement, Aggregates, Hydrated Lime, etc.) invoices shall be made available for review upon request at all times for the duration of the work. 4. COMPARATIVE AND QUALITY ASSURANCE PROGRAM: Periodic comparati~e testing will be required of each QCT and will be coordinated by the Department to monitor consistency of equipment and test procedures. In addition, the Department will take independent samples to monitor the Hot Mix Producer's Quality Control Program. For clarification, Department samples taken from opposite quarters of material sampled by the Hot Mix Producer are defined as Comparison Samples. Other independent samples which are taken by the Department from material produced during the same Lot are defined as Quality Assurance samples. This Program is further defined as follows: a. Comparison Sampling and Testing: During the quartering process of Hot Mix samples, the opposite quarters from the test specimen shall be labeled and retained for D ~partment comparison testing. In addition, the remaining material removed from the total sample shall be labeled and retained for possible Referee testing. These samples shall be stored in a suitable container and secured in a protected environment. If the Hot Mix Producer's Acceptance Test results meet Mixture Control Tolerances and if the Department does not procure these samples retained within three working days of the represented mix being produced, these samples may be discarded. The Department will" test comparison samples on a random basis at a frequency deemed necessary to assure that the Hot Mix Producers testing techniques are yielding accurate results. Re,sults of Department tests will be compared to the respective Hot Mix Producer's Acceptance tests. The maximum tolerance allowed for Comparison Samples as de1ined above shall be as follows: ~,--\~ I I I I I I 1 I MAXIMUM DIFFERENCE SIEVE SIZE 1/2" 3/8" No.4 No.8 No. 200 AC. SURFACE 3.5% 3.5% 2.5% 2.0% 0.4% SUBSURFACE 4.0% 4.0% 3.5% 3.0% 2.0% 0.5% If Comparison tests are within these tolerances, production may continue and at the discretion of the Engineer, the Hot Mix Producer's tests can be used as the acceptance tests for the affected Lot. If test results are not within these tolerances, tbe corresponding Referee Samples shall be tested by another Departmental Technician and compared to the tolerance for Comparison Samples as given above. If test Results of Referee Samples, when compared to the respective QCT's sample, are within these tolerances, the Hot Mix Producer's tests can be used as Acceptance Tests for the effected Lot. If tests results are not within these tolerances, the Hot Mix Producer's Quality Control methods shall be reviewed and a thorough investigation will be made if deemed necessary. b. Quality Assurance Sampling and Testing: The Department will take samples for the purpose of monitoring the effectiveness of the Hot Mix Producer's Quality Control Program. These samples may be obtained from the same load as QCT samples were taken or other loads at the plant or roadway, or samples obtained immediately behind the spreader and prior to compaction. The samples will be tested and analyzed by the Department in accordance with standard procedures. The Department shall randomly take and test a minimum of two Quality Assurance (QA) samples from . each five days or five Lots of production regardless of mix type or number of projects, to assure that the mixture is being adequately controlled and accurately sampled and tested. The maximum tolerance for QA samples as defined above, when compared to the Job Mix FonnuIa, shall be the same as the Mixture Control Tolerances as outlined in Section 828. If test results are not within these tolerances, the Department may take another sample from the respective mix. If tests results of the additional sample are within these tolerances, production may continue. If test results of the additional sample are not within these tolerances, the Department will investigate by taking at least three random samples from throughout the Lot in accordance with Subsection 400.07.F. These samples shall be used for Acceptance and the Hot Mix Producer QCT test results for' the respective Lot will not be included in the Lot calculations. c:- c::.. - \ ~ Should the Engineer detennine that Quality Control requirements are not being met or that unsatisfactory results are being obtained, prompt corrective action shall be taken by the Hot Mix Producer. Failure to take prompt corrective action will be cause for the Engineer to discontinue acceptance of the mix. If it is detennined by the Department that the QCT has not followed procedures specified in GSP-21 or has provided erroneous information, his or her certification may be withdrawn, and the Hot Mix Producer may be subject to punitive or legal action. Technicians who lose their certification due to falsification of test data will not be eligible for re-certification in the future, unless approved by the State Materials and Research Engineer. In-place material represented by unacceptable tests w,iIl be evaluated by cores in accordance with Subsection 400.07.F. These core samples shall be used for acceptance. 5. GRADATION AND ASPHALT CEMENT CONTENT: Quality Acceptance of the mixture will be based upon the mean of the deviations from the Job Mix Formula for control sieves and asphalt cement content of the specified number of test results per Lot. This mean will be detennined by averaging the actual numeric value of the individual deviations from the Job Mix Formula, disregarding whether the deviations are po:;itive or negative amounts. The samples will be taken randomly in accordance with GDT -73. In the event less than the specified number of samples are taken, the Hot NUx Producer shall take at least two representative six inch cores from the roadway (to assure adequate sample size) for each portion of mix that was not sampled and acceptance will be based on the mean of the deviations from the Job Mix Formu:!a of the total number of tests run. The control sieves used in Quality Acceptance for the various types of mix are as indicatl~d below: TABLE 400.07.A MIX TYPE MIXTURE CONTROL Asphaltic Concrete Base 1/2", No.8 Sieves and Asphalt Cement Asphaltic Concrete B, B-Modified, E 3/8", No.8 Sieves and Asphalt Cement Asphaltic Concrete F, H No.4, No.8 Sieves and Asphalt Cement Asphaltic Concrete G No. 8 Sieve and Asphalt Cement Asphaltic Concrete Sand Asphalt Asphalt Cement Type I and II <::..., <:::... - Z 0 If the Engineer detennines that the material is not acceptable to leave in place, the materials shall be removed and replaced at the Hot Mix Producer's expense. Any test resuIti; for materials not used in the Work shall not be included in the calculations for Lot Acceptance. For al;phalt cement content only, on plants with digital recorders, digital printouts of liquid asphalt cement weights may be substituted in lieu of an extraction test. The asphalt cement content shall be calculated from the ticket representing the mixture tested for gradation. The asphalt cement content calculated from each ticket will be considered a test. 400.07B.: COMPA<;;TION: Delete this Subsection and substitute the following: The compaction of the mixture as detennined by either GDT-39, or GDT-59, will be accepted in Lots as defined i:n Subsection 400.07.A. and shall be Within the same Lot boundaries as the mixture acceptance. The mean density of the pavement placed within each Lot will be calculated by averaging the results of tests run on randomly selected sites in that Lot. The random sites shall be selected using GDT-73. 400.07.C.: SURJf?ACE TOLERANCE: Delete this Subsection and substitute the following: AIl paving shall be subject to visual and straightedge inspection during construction operations and thereafter prior to final acceptance. Ala foot straightedge shall be retained in the vicinity of the paving operation at all times for the purpose of measuring surface irregularities on all courses. The straightedge and labor for its use shall be provided by the Hot Mix Producer. The surface of base, intermediate, and surface courses shall be inspected with the straightedge as necessary to detect irregularities. AIl irregularities in excess of 3/16 inch in 10 feet for base, intermediate, and surface courses shall be corrected. Irregularities such as rippling, tearing, or pulling which in the judgment of the Engineer indicate a continuing problem in equipment, mixture, or operating technique shall not be pennitted to recur and the paving operation shall be stopped unless appropriate steps are taken by the Hot Mix Producer to correct the problem. 400.07.D.: MATERIALS PRODUCED AND PLACED DURING ADJUSTMENT PERIOD: DeIet~: this Subsection. ~c:.. - 2. \ I I I I 1 I I I I 1 I 400.10. PAYMENT: Delete this Subsection and substitute the following: Hot mix asphaltic concrete of the various types will be paid for at the contract unit price per Ton or Square Yard which payment shall be full compensation for furnishing and placing all materials including asphalt cement, hydrated lime when required and for all approved additives, for all cleaning and ;repairing or preparation of surfaces, and for all other operations necessary to complete the Contract Item. PAYMENTWlLLBEMADE UNDER: ITEM NO. 400 Asphaltic Concrete ~ Group-Blend. Including Bituminous Material and Hydrated Lime ................................................................ Per Ton , ITEM NO. 400 Asphaltic Concrete ~ Group-Blend, Including Bituminous Material .... ...........:... ....... ...............~...... ............ ............................. ..... Per Ton ITEM NO. 400 in. Asphaltic Concrete ~, Group-Blend, Including Bituminous Material and Hydrated Lime .....................................Per Square Yard ITEM NO. 400 in. Asphaltic Concrete ~, Group-Blend, Includin,g Bituminous Material . .......... ........ ............ ................ ............... .....Per Square Yard ITEM NO. 400 Asphaltic Concrete Patching Including Bituminous Material and Hydrated Lime ................................................................................... Per Ton ITEM NO. 400 Asphaltic Concrete Patching Including Bituminous Material .................................................................................. ................... ............. Per Ton ITEM NO. 400 Asphaltic Concrete Leveling Including Bituminous Material and Hydrated Lime ...................................................................... ............. Per Ton ITEM NO. 400 Asphaltic Concrete Leveling Including Bituminous Material .. ... .................................... ............................................................ .... ......... Per Ton Materials and Re:iearch c:.. c:.. - a z. December 12, 1997 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 402 - HOT MIX RECYCLED ASPHALTIC CONCRETE 402.02.A. RAP l\lA TERIAL: Delete the next to last paragraph and substitute the following: RAP containing either local sand or alluvial gravel will not be allowed in mixtures used on interstate projects except for shoulder construction. Wheriused in shoulder construction, the use of RAP containing either local sand or alluvial gravel shall be limited such that the sand or gravel makes up no mow than 20% of the total aggregate portion of the mix. When used in mainline and ramp construction of non-interstate projects, the percentage of RAP containing alluvial gravel shall be limited such that the gravel makes up no more than 5% of the total aggregate portion of the mix. The amount of local sand in RAP shall be considered when determining the local sand portion allowed in the total mix as specified in Section 828. Where Pay Items specify that Group II only aggregate is to be used, RAP which consists primarily of Group II aggre.gate, but contains some Group I aggregate shall be limited such that the Group I aggregate makes up no more than 5% of the total aggregate portion of the mix. When a Blend I mix is specified, any Group I aggregate in the RAP shall be considered when determining the Group I portion allowed in the total mix as specified in Section 828. The percentage of local sand, alluvial gravel, and Group I aggregate in the RAP will be determined through petrographic analysis or available records. 402.02.C. RECYCLED MIXTURE: Delete this Subsection and substitute the following: The recycled mixture shall be a homogeneous mixture of RAP material, virgin aggregate and neat asphalt cement. Further, the mixture shall be appropriately treated with an approved anti-stripping agent, either a heat stable anti-stripping additive or hydrated lime. The agent chosen shall be at the Hot Mix Producer's discretion except where noted in the Pay Item Designation. The mixture shall confonn to an approved mixture design meeting the requirements outlined in Section 828. Wh~:re hydrated lime is used, it shall be added at a rate of 1.0 percent of the virgin aggregate portion. plus 0.5 percent of the aggregate in the RAP portion of the mixture. Where heat stable anti-strip additive is used, it shall be added at a rate of 0.5 percent of the neat asphalt cement added to the mixture. c..~-23 402.05 PAYMENT: Add the following: Item No. 402 Re:cycled Asphaltic Concrete, ~ Group-Blend. Including Bituminous Material ........................................:........... ~.. ............... per Ton Item No. 402 Recycled Asphaltic Concrete, ~ Group-Blend. Including Bituminous Material and Hydrated Lime ............. .............. ............... per Ton Item No. 402 __Inches Recycled Asphaltic Concrete, ~ Group-BIIend. Including Bituminous Materia1........................_..........~...per Square Yard Item No. 402 __Inches Recycled Asphaltic Concrete, ~ Group-BI,end,,Including Bituminous Material and Hydrated Lime .........per Square Yard Item No. 402 Re'::ycled Asphaltic Concrete Patching, Including Bituminous Material.............................:.............. ................................ per Ton Item No. 402 Reeycled Asphaltic Concrete Patching, Including Bituminous Material and Hydrated Lime ............................................. per Ton Item No. 402 Rel~ycled Asphaltic Concrete Leveling, Including Bituminous Material. ........ ..................... .............................................. per Ton Item No. 402 ReGycled Asphaltic Concrete Leveling, Including Bituminous Material and Hydrated Lime ............................................. per Ton Materials and Research ~~ - 2.4 1 1 I I I I I I I I I I I I I I I ~I I December 12, 1997 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 820 - ASPHALT CEMENT Delete this Section and substitute the following: 820.01 SUPERPAVE ASPHALT BINDER: This Section covers asphalt cements which have been prepared from crude petroleum by suitable methods. The asphalt cements shall be homogenous, free JTom 'water and shall not foam when heated. to 1750 C. Blending of asphalt cements to produc(~ a specified performance grade shall result in a uniform, homogenous blend with no separation. The neat asphalt cement proposed for. use in Asphaltic Concrete shall meet the following requirements for PG 64-22 or PG 67-22 and be production materials ("straight- run") that have not been "air-blown" to achieve the performance grade (pG). PG 58-22 may be used as Bituminou:; Tack Coat or in Bituminous Surface Treatment. Only Styrene-Butadiene- Styrene (SBS) or Styrene-Butadiene (SB) shall be added to the neat asphalt cement, if needed, to produce a binder that complies with the following requirements for PG 76-22. 1. Test Requirements TEST AND ORIGINAL METHOD TEST TEMPERA TIJRE BINDER RESIDUE OF BINDER AFTER: Rolling Thin-Film PG PG PG PG Oven AASIITO: TP5 Pressure Aging 58-22 64-22 67-22 76-22 AASIITO: PP-l Flash Point, AASIITO: T-48 2300 C Min. Viscosity (a), 3Pa-S ASTM 04402 Max. 1350 C (3000CP) Mass Loss (%), Max. " AASIITO: T-240 (b) 0.5 Dynamic Shear, 580 C 640 C 670 C 760 C ~1.0kPa ~ 2.2 \cPa G*/sin8, AASIITO: Phase TP5, 10 RadlSec Angl ~ 75 deg. e Dissipated Energy, Dynamic Shear, 250C ~ 5000 kPa G*sin8, AASIITO: TP5, 10 RadlSec Creep Stiffness (c), S ~ 300,000 kPa 60 sec. AASIITO - 120 C m ~ 0.300 TPI Direct Tension, 1.0 mrnImin. AASIITO: - 120 C Report TP3, Failure Strain <:::., Co. - 2. 5 I 1 I I I 820.01 (Continued) (a) This requirement may be waived at the discretion of the Department if the supplier W8.1Tants that the asphalt binder can be adequately pumped and mixed at temperatures that meet all applicable safety standards. (b) Heat loss by AASHTO: T -179 may be accepted in lieu of mass loss by AASHTO: T -2.ito. (c) Ift:he creep stifihess is below 300,000 kPa, the direct tension test is not required. If the creep stifihess is ~ 300,000 kPa, the Direct Tension Failure Strain value shall be reported. The m-value requirement shall be satisfied in either case. If modification is required, the composite materials shall be thoroughly blended at the supply fac:ility prior to being loaded into the transport vehicle. AIl blending procedures, formulation, and operations shall be approved by the Office of Materials and Research. 2. Certification: Certified test results of laboratory blends for proposed PG asphalts shall be provided by a certified laboratory, approved by the Office of Materials and Research, for each s;pecification characteristic of the asphalt cement proposed for shipment. The certified results shall be provided to the State Materials and Research Engineer in compliance with Standard Operating Procedure (SOP)-4. In the eve:nt there is reason to suspect a sample will be outside specification limits, the State Materials and Research Engineer may interrupt the production until test results are known. Materials and Res~:arch c:. c::.. - 2. , I I I . 'I I I I I I December 12, 1997 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SE:CTION 828 - HOT MIX ASPHALTIC CONCRETE MIXTURES Delete Subsection 828.01.1 and substitute the following: Local sand will not be,aIIowed in any mixtures to be placed on the mainline or ramps, excluding shoulders, of Inter!itate projects. Up to 20% local sand, based on the total aggregate weight, may be allowed as an ingredient in the Asphaltic Concrete ~xtures used for interstate shoulder construction. On non-interstate projects with 2,000 ADTNPD or greater, as shown on the plans, the use of local sand shall be limited to Asphaltic Concrete "Base" mixtures only and shall not exceed 20% of the total aggregate weight. Local sand, not to exceed 20% of the total aggregate weight, may be used as an ingredient in all Asphaltic Concrete mixtures placed on non-interstate routes with 1,000 to 1,999 ADTNPD, and on routes where traffic counts may be unavailable or not shown on the plans. On ncm-interstate projects with less than 1,000 ADTNPD, the amount oflocal -sand allowed will be limited only as needed to meet design requirements further described in this Section. These stipulations :in no way supersede limitations of RAP allowed in recycled mixtures as set forth in Section 402. Materials and Resea.rch (:,~- 2. 7 8.01 DESCRIPTION: This item consists of excavation of all materials ~f whatever nature including borrow if required, to aIigrnnent, grade and typical cross-sections' shown on the plans; as directed by the Engineer, all necessary hauling, fonnation of embankments, shoulder nstruction, subgrade construction, ditch excavation, finishing and dressing, replacement of lunsuitable material remoV(~d from the subgrade, and disposal of any unsuitable or surplus Iterial. It shall include the removal and disposal of miscellaneous roadway items including, t not limited to, curbs, drainage structures and pavements, unless established as separate ntract items. It shall also include all necessary clearing and grubbing, in accordance with I Sections 201 and 202, required to complete the work unless these items have been e~tablished as llY items in the contract. i228.02 MATERIALS: All suitable material excavated, including that taken from trenches, roadway Itches and slopes, shall be used in fonning embanlanents as far as practicable. Surplus or suitable materials shall be used in flattening slopes of embanlanents, backfilling washes or Itches, or wasted back of the construction lines as directed. . 12.8.03 CONSTRUCTION: The construction shall be done using equipment approved by the Engineer, 'hich will not damage ba~ie, pavement or other appurtenances to be retained. The Engineer shall set slope stakes to fit the typical section, or as he may deem necessary, establish grades in. lcordance with these specification, and set final stakes to verify that the excavation sections the roadway and the embankments comply with the typical section. The work shall be done in accordance with the appropriate portions of Specifications 201, 202, 205, 206, 207, 208 and 209 . these Specifications. Jior to placing any base material, the subgrade shall be finished in accordance with 209.03 Revised March I, 1988 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION Modification of Standard Specification SECTION 228 GRADING (MODIFIED), INCLUDING HAUL (For County Contract Only) Project Number: .:re.. toP !)3CJ -5"3 C!-'f':>) I I I I A. Clearing: and Grubbing: Clearing and grubbing shall be done well in advance of excavation and embankment construction. B. General Requirements: 1. Cros::; Section: As a minimum requirement the roadway shall be graded in accordance with the speci fied typical sections. <::-~- 2. ~ I 1 " I I I I 2. Slopes, Ditches, Shoulders: The excavation shall be done so that frOnt slopes, ditches and shoulders are neatiy trimmed to the lines given. Additional shoulder width will be permined when extra widlh shoulders are ready in place ane: fit the existing roadbed provided lhe finished shoulders present a rea::;onably uniform appearance. 3. Sh::,ping and Dressing: After all excavation and formation of embanlanents and shoulders have been substantially completed the roadway shall be properly shaped, finished and dressed in Reasonably close conformity to the lines and grades given. . C. Compaction: All embankments shall be built up in 8 inch layers and lhefull width of I the cross section compacted in accordance with Section 208. l28.04'MEASUREMENT: Grading (Modified) Including Haul will be measured in Linear'Miles along E!he centerline of the road or the median, including ramps when so shown on the plans. Surplus aterial may be disposed of beyond the end of the project, but the mileage measured for payment .vill not extend beyond the established termini. _ .28.04 PAYMENT: The item of Grading (Modified) Including Haul will be paid for at the Contract IIJnit Price per Linear Mile complete in place, which price shall be full compensation for . ;Iearing and grubbing in~;ide the construction limits where this item is not shown as a separate . _:tem in the Contract, for all excavation to the typical section required or as modified herein, ormation of embankments, construction of shoulders, backing out subgrades for pavement, I ushing fill slopes and ramps, filling washes, wasting surplus or unsuitable material, finishing and dressing, cleaning of side ditches, all hauling of excavation, and any incidentals lecessary to complete the Item. It is clearly understood that in no case will any separate ,ayment be made for finishing and dressing, and that the cost of necessary finishing and iressing to comply with l:hese Specifications shall be included in the Contract Unit Price of frading (Modified) Including Haul. ~ayment will be made under: I i I Office 0 f State Aid I I I I I I Item 228. Grading (Modified) Including HauI---------per Linear Mile. - ... Sheet 2 of 2 Project Number: feL.618S80'S3 {'074~ ~c:.--ZG} ~v.~>;:{~ ' . . /", '/ . ~- ".. . ".:-/~p'~!;~~;r""'. -'. #. .I~ ~"\\ ~~";"~\ \l:'1';':'*%;;:~F@1"~~;1~'f~ . k~.... .Ah =:~F~'..)', ...;,~tf.f,q.:!::{J:::~~~~ <"'", f ~~\.~'~~"~"~~4A ~f~~~tE?: ~ · ~ ~. ~~ 01.', ,~ . ,":".;;" ~ J.;.:"." i:. _ ~:.~<"tl!ll'l!1 . 'Wi "" it" ' · ~ ',::<- '" cr ..d\,--T' ~:<' ,\"' \"::'~'\'V;' ,;j \ .... \~'\:1' ,.... A'i/ ~ ~~.~"'-.--1 E~::.;tQ-' ''irM~"7&Vl:uI] ~~~~;"/L.I ii; , f..: lO~fl) "n ~ ~~~ ~.';'?<' .. ~,;~ ~". . 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