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Home My WebLink AboutSecond Street Outfall Augusta Richmond GA DOCUMENT TYPE: CiJ (l ~ QiL..-+ YEAR: \ qgq BOX NUMBER: 1 0 FILE NUMBER: I if 2'1/ q NUMBER OF PAGES: J ~5 I I I I I 'I I, -I I I I I I I I I I I I CONTRACT DOCUMENTS FOR SECOND STREET OUTFALL PROJECT NO.327-04-296812004 GA D.O.T. PROJECT # : PRLOP 8530-59(245) ...J= -= .;:. .-l'"'l ~ ,~N MO~ ~.... ~ t ~ ~ 100 Q,l =It:.-c. eOOOO Q,l"O.... .- = C "'"'C'- "0 ~ '" .. Q,l c Q:looU ,~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE PRODUCER 404~231-9595 Palmer & Cay of Georgia, Inc. 3348 Peachtree Rd.NE, Ste 1400 P. O. Box 52427 Atlanta, GA 30355-0427 COMPANY A Transportation Insurance Co INSURED Mabus Brothers Construction Co 920-BMollyPond Road ,/ Augusta GA 30901 COMPANY B Valley Forge Insurance Co COMPANY C National Union THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTl\NDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IS8UED OR MAY PERTAIN, THE INSURANCE AFFORDEb BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCI, POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION lIMrrS DATE IMM/DDIYY) DATE IMMIDDIYYI 6/30/99 6/30/00 GENERAL AGGREGATE 2000000 PRODUCTS, COMP/OP AGG $ 2000000 PERSONAL & ADV INJURY 1000000 EACH OCCURRENCE 1000000 FIRE DAMAGE (Anyone firel 50000 MED EXP (Anyone personl 5000 6/30/99 6/30/00 COMBINED SINGLE LIMIT 1000000 BODILY INJURY lPer person) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY. EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ 6/30/99 6/30/00 EACH OCCURRENCE 6000000 , AGGREGATE 6000000 6/30/99 6/30/00 EL EACH ACCIDENT 100000 EL DISEASE, POLICY LIMIT 500000 EL DISEASE, EA EMPLOYEE 100000 6/30/99 6/30/00 Leas'ed or Rented Equipment Maximum Per Item Deductible A GENERAL LIABILITY 30240706-99 X COMMERCIAL GENERAL "'ABILITY CLAIMS MADE [8'J OCCUR OWNER'S & CONTRACTOR'S PROT X XCUINCL X AG PER PRJ B AUTOMOBILE lIABILrrY 1071809821 GA X ANY AUTO 1030240723SC ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON.OWNEO AUTOS GARAGE lIABILrrY ANY AUTO C EXCESS LIABILITY BE7016927 X UMBRELLA FORM OTHER THAN UMBRELLA FORM D WORKERS COMPENSATION A'~D 30240740-99 EMPLOYERS' LIABILITY '. THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL A OTHER 30240706-99 $150,000 $100,000 $250.00 DESCRIPTION OF OPERATIONSILOCi~TIONS/VEHICLES/SPECIAL rrEMS RE: AUGUSTA/RICHMOND COUNTY 2ND STREET PROJECT SECOND STREET OUTFALl! PROJECT NUMBER: 327-04-296812004 @~itIf@4tg::Hgkp~~:m:w::~:t?:::~~:?::::w:::~:::~:::::w:w:::::::::::w:::??:?::::::::::::~:::~::::?~:w:::~:~:~:~:~:w:w:W:::W:L::::::W:::::~:~~::W:~:::::}~:~:~~}@A.N9$.;i~]@N~:?:~~~~:::::::~:~:::::::w:w:w:w:;:::::::m:?::::::::::::::::::??::w:::::?::::::w:::::::::::::::::::::m:::m:::::::m::::::::::~::?:::::;::::::::::::::::::::w:::::::::::::}::?::::~::::; i DEPT. OF P\JBLlC WORKS & ENGIN. PRE-CONSTI~UCTION SECTION 1815 MARVIN GRIFFIN ROAD AUGUSTA, GEORGIA 30906 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH ENTATIVES. OF ANY KIND UPON TH AUTHORIZED REPRESENTATIVE :A.<<QRtH~'$:~$;'1ii:$.'$:F:?::~~~~?::;:wt??;~:w:t???/::::::::w:::m::::??:::::~:;:?;:~~~;;;;;;;:;;;;;??~:;~?;:::::::niiH~~?;~;:W:W:W:W:?:U;~:~;~:~;~~~::::;:t:t::m::, ::::::::::;:::;::::::;:;:::::;:::::;:::::;:::::;:::;:;:::::;:;:::::;:;: .. ... .. . .:.:.;.:.:.:.: ::::::::m:r:::m:::m;;;::r:::::~N\p.tml\FQaij#qijAnql~(j~ijjij: 'i' ... __, . .; ,AIADocument A312 Performance Bond Bond 11SB103292426 Conforms with the American Institute of Architects, AlA Document A3l2. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Mabus Brothers Construction Co, Inc 920 Molly Pond RD, Augusta, GA 30901 OWNER (Name and Add:ress): Augusta Richmond Commission 1815 Marvin Griffin Rd, Augusta, GA 30906 ,CONSTRUCTION CON1RACT Date: Amount: $1,406,858.00 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America .One Tower Square, Hartford, CT 06183 Description (Nameand Location): Project No: 327-04496812004 - Second Street Outfall, Augusta, GA BOND Date (Not earlier than Construction Contract Date): Amount: $1,406,858.00 Modifications to tillS Bond: CONTRACTOR ASPRINCIP AL C . ,~~~_." ''-'''''';?r ompany. ..~ ....'ArN..~. 'Pop, . ,~~~ y.~ i:-.~., ~_~ ~, Mabus Brott:j'~{~"G.onstrL~t'.9~~go, Inc S~',.... ,,-- ~ ".... A7'~ ~~ ~~ ,~-,. .)~J"'j~ ~? ~ ....~.. "" ~....",.- p~. ...-::.- SignatureZ ,'. :' .... ~<::- 0:: Name anclit{tl~: 2-dA'~~i. , ';O,t.S BLf' ,-"..' -- "--.",,..'...;/ - '-- (Any additio!J?l~$ignatlire~; appear.i.1m page 2.) ~. / ...... .-~~ ~ '" ~ . (FOR INFOBJv1~..;TI(J]':tD~:~Y:~Name, Address and Telephone) A6E;~,;.oC.HF~9~ER: Palmer & Cay of Georgia, Inc P. O. Box 52427:1\tfanta, GA 30355 4045048150 1 The Contractor.and the Surety, jointly and severally:bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for. the performance of the Construction Contract, which is incorporated , herein by reference. 2 If the Contractor perfi>rms the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3, I. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: ' (Corporate Seal) 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, !he Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to SURETY 5026 (6-92) S-1852/GEEF10/99 , Page 1 of 2 ~ None D See Page 2 , SURETY > Company: Travelers Casualty " (Corporate Seal) and Surety Company of America :::( :;': _ ." I"/Z,/_ ~;?/~~t:-<,^~ 5(.\ Signature: P'Y'/,;/ Y;a.AA-~~:: 5: Name and Title: W. G. Van Buskirk, A!tQ.rf.~y ii,Pac(. j::_ t- ~ ~_:.~ (T<!'i't- .;.-....,.~~ -'l: ~L... ..,. _C' /:"\ -..... (Architect;, E:J.gihcer-or...:otner' . __J ...../'.(",'.')... r.. "'-J': J"~"""!J.,~ rrrrr~'" OWNER'S REPRESENTATIVE party) : perform the Construction Contract, but such an agreement shall not \yaive the Owner's right, i(any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's' right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The O'Wner has agreed to pay the Balance of the Contract Price to the Surety in accordance with, the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has sa'tistied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: ' , 4.1 Arra,llge for the Contractor, with consent of, the Owner, to pelfonn and complete th~ Construction Contract; or . 4.2 Undertake to perfonn and complete the Construction Contract itself, through its agents otlhrough independent 'contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for perfonnance and completion of the, Construction Contract, arrange for a contract to be 'prepared for execution by the Owner and the contr(ictor selected with the Owner's concurrenl;e, to be secured with perfonnance and payment bonds executed bya qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resultino from the Contractors default; I)r 0 4.4 Waive its right to pc:rfonn and complete, arrange for completion, o~ obtain a new contractor and with reasonable promptness under the clrcumstances: .1 After investigation, detennine the amount for which it may be liable to the Owner and, as soon as practicable 'atter the amount is detennined, tender paYment therefor to the Owner; or' . .2 Deny liability in whole or in part and notify the Owner citing reason> therefor. , 5 " If the Surety does not proceed as provided in Paragr~ph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond 'fitteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perfonn its obligations und.er this Bond, and the Owner shall be entitled to enforce any remedy avallable to the Owner. [[ the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enf.Drceany remedy available to the OWner, 6 After the Owner has tenninated the Contractor's right to complete the Construction, Contract, and if the Surety elects to act under Subparagraph 4.1,,4.2, or 4.3 above, .then the responsibilities of the Surety to the Owner shall ,not be, greater than tho:,e of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to conunitment by the Owner of the Balance:; of the Coiltract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; ~.2 Additional legal, d'i:sig~ professional and delay costs resulting from the Contractors Default, and resulting from the actions or failure to .act of the Surety under Paragraph 4; and " 6.3 Liquidated damages, or if no liquidated damages are sp'ecified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not. be reduced or set off on a~count of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs executors administrators or successors. " ~ The Surety hereb~ waives notice of any change, including changes of hme, to, the Constt:uch.on Contract or to related subcontracts, purchase orders and other obligatIOns. ' 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years, atter ContractOJ: I?efault or within two years after the Contractor "ceased workmg or wlthm two years 'atter the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to'sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be perfonned,. any provision in this Bond connicting with said statutory or lega~ reCiUlrement shall be deemed deleted herefrom and provisions contonnmg to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a conunon law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustrrients have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Ii' Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor which has neither been remedied nor waived, to perform or otherwi'se to comply with the tenns of the Construction Contract. ' 12.4 Owner Default: Failure of the Owner which has neither been remedied nor waived, to pay the Contra~tor as required by the Construction Contract or to perfonn and complete or comply with the other terms thereof (Space is provided below felr additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: S-1852JGEEF 10/99 (Corporate Seal) Signature: Name and Title: Address: Page 2 of 2 :F ". AlA Document A 312 11 SB1 03292426 Payment Conforms with the'American Institute of Architects, AlA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Bond CONTRACTOR (Name and Address): Mabus Brothers Construction Co, Inc 920 Molly Pond Rd, Au!]usta, GA 30901 OWNER (Name arid Address): Augusta Richmond Commission 1815 MalVin Griffin Rd, Augusta, GA 30906 CONSTRUCTION CONTRACT Date: Amount: $1,406,85:3.00 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America pne Tower Square, Hartford, CT 06183 Description (Name and Location): Project No:. 327-0~296812004 - Second Street Outfall, Augusta, GA BOND Date( Not earlier thanl Construction Contract Date): Amount: $1,406,85:3.00 Modifications to this Bond: CONTRACTOR AS"PRINCIP AL Company:,. .",~":~ 't1.~fl:'~';;"PP,..., (Corporate, Seal) . ~'p~'~ ' '-, (I'"~", Mabus Brotne(s"~onstr dio'n'~o, Inc, ,. ., $~.........ooy;, ....,~~~ . g:if i..~ .~.~ -t/.~.~~~/~ ~ ~ ~/? . :::: " ." ~ ~ -~. ' S,gnal1rr''i~ '; . ,,: ;" ~, ~1' ":' ~. '. . ': .. Name and~T~tl~: .A;;,(A:J&,GWl- S B V 'i/. P. '. ' (Any additto1fal~signatures appear:on page 2.) ., ~ _ -. ~'C: ~1'J';;'''' ./1"l... ..,~ (FOR INFO~T;I9:r;:!:QN~y:",,'Name, Address and Telephone) AGE~r'or'BR!:)KER: Palmer & Cay of Georgia, Inc ~r'*'t!-T1Vf"":~ .. . P. O. Box 52427, AtH:mta, GA 30355 404 504 8150 1 The Contractor and the.~)urety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use-ill' the, performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: ' 2,1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indenuUfii~s and holds hannless the Owner from claims, demands, liens or suits ,by any person or entity whose claim, demand, lien or suit is for the: payment for labor, materials or equipment furnished for use in the performance of the Construction' Contract, provided the Owner has promptly notitied the Contractor' and tli.e Surety (at the address' described in Paragraph 12) of any claims, demands, liens or suits Hnd tendered defense of such claims, demands,' liens or suits to the Contractor and the Surety, and provided there is no Owner Default. SURETY 5026 (6-92) S-1853/GEEF 2/98 Page 1 of 2 ~ None o See Page 2 SURETY Company: Travelers Casualty , (Corporate Seal) and Surety Company of America,' . .- ~':i';1 , ,,~,~/~ Signature: ff/v y ~ ~~ -: ~~ : ' .', -, '~. ~ ~ Name and Title: W. G. Van Buskirk~A1t0rney,jD~~'Cl_ct ;.;:'" ~, ~ ~'I""~ f.'-:::: ~ ...- ~ ~ ..;- .5-........ ~ OWNER'S REPRESENT A TIVE (Arclilte8t~ 'Engineer,.5i-{'1th'er ....-; "'7:r.. .'"'..........r-......,.r\\~......' Party) . "i-, . .r. .r~ - c\""- . . 'r,.,.,.,. ~..::. rrrr;-:rrf.'r 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes paymept, d.irectly or indirectly, for all sums due, ' 4 TIle Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given -notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof: to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the . Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last pertormed labor or last furnished materials or equipment included in. the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or perlonned; and 7.2. :Ha.ve either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the ' above notice any communication from the Cantractor by which the Contractorha:; indicated the claim will be paid directly or indirectly; and . .3 Not having been paid within the above 30 days, have sent a . written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the O\Vfier stating that a claim is being made under this Bond and enclosing a copy (If the previous written notice furnished to the Contractor. 5 If a notice n:quired by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sunicient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety, shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to ill/: Claimant, with a copy. to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. ' 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfomi.ance Bond. By the Contractor furnishin~: and the Owner accepting this Bond,' they agree that all funds earned by the Contractor in the performance of the Construction Contract are dec'icated to satisfy obligations of the Contractor and the Surety under this Boad, subject to the Owner's priorltyto use the funds for the completion ofth~ work. ' 9 The Surety shall not be liable to the Owner, 'Claimants or others for obligations of the Contractlir that are unrelated to 'the Construction Contract. The Owner shall not be liable for payment of any 'costs or , expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf6f, or otherwise have obligations to Claimants under this Bond. " 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall h~ commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: the work or part of the, work is located or atter the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4. lor Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or, the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the,Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sutlicie.nt compliance as ofthe date received at the address shown .,on'the signature page, ' 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond contlicting with said statutory or legal requirement shall be. deemed deleted herefrom and provisions conforming to, such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly turnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the pertormance of the Contract. The intent of this Bond shall be to include without limitation in terms. "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or , rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted'in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner, Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or ,to perform and complete or comply with the other terms thereof (Space is provided below f9f additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRlNCIP AL SURETY Company: '(Corporate Seal) Company: Signature: Name and Title: Address: S-1853/GEEF 2/98 (Corporate Seal) Signature: Name and Title: Address: Page 2 of 2 ,...........,.._._. . TRAVE-tERS CASUALTY AND SURETY COMPANY OF AMERICA ... .-. -...- ' ~..I' ","'"'.~:rR.AVELERS'CASUALTY AND SURETY COMPANY 2 ~:,:..., F-ARMtNdroN CASUALTY COMPANY .;: " . ::,:.;., ~ .: :;: 2S HIi~o~d, Connecticut 06183-9062 'FR!\VELERS C--ASUALTY::ANDSURETY COMPANY OF ll..LINOIS %.:. U ~ ~ape~lle, lllinois 60563-8458 ~ yO' -... ~ _~ ~ ~ -c,.-. ...... :::::...~ -..::: POWER OF ATTQRNF;Y.AN~r<:~~TIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT .....ti ":':::~i C' .. ~'i. - .......... . ...,.,,; ,. ~ ~-.., ~., -.,..\....~'l. . _ KNOW ALL PERSONS BY THESE"PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY C()MPANYOF ILLINOIS, a corporation duly organized under the laws of the State of Illinois; and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: W. Pat Hopkins, Jr., W. G. Van Buskirk, James R. Williams, Cynthia M. Ward or Renee A. Lauth'" .,. .', I' of Atlanta, GA, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): . by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto ' and to bind th~ Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, tile Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and, on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Compan:,'s name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and, any of said officers or the Board of Directors at any time may remo':..e any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any p:'!rt of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thel'eofis filed in the office of the Secretary. ' VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional rmdertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman; any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signfiture of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing arid attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimil.e signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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I Minority and Economically Disadv2Llltaged Business Support ME-1 I I I I I I I I I I I Special Conditions SP-l Agreement A-I thru A-4 General Conditions 1 thru 33 Supplementary Conditions SC-1 thru SC-2 Proposal P-1 thru P-3 Construction Exit CE-1 General Notes G-l thru G-15 Traffic Control TC-1 thru TC-23 County Contract Specifications CC-l thru CC-39 Corps of Engineers Permit COE-l thru COE-17 CSX Transportation Permit "A" CSX-A1 thru CSX-A12 CSX Transportation Permit "Boo CSX-Bl thru CSX-B12 Soils Test Borings Report ST-l thru ST-7 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 re1:urned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the proseeution of the work, the general and local conditions, and all ot:her 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. I I I I I I Every request for such interpretation should be in writing addressed to the Director of Public Works, 1815 Marvin Griffin Road, Augusta,' Georgia 30906, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All add.enda so issued shall become part of the Contract Documents. IB-1 I I I I I I I -I I I I I I I I I I I I IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on ,the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall inser1: the words "no bid" where appropr ia te . 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 revis(~d bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the propoBal. NOTE: A 10% Bid Bond is required in all cases. IB-OS BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-2 I I I I I I I IB-06 BIDDER'S QUALIFICATIONS -- I 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 EQUIP1~ENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder .or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to cOIl1.pl.~te 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. I I I I I I I I I I I IB-O? PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving'the Owner harmless from all cost and charges that lnay accrue on account of the doing of the work specified, and for compliance with the laws pertaining ther~to. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the state of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-3 I I I I I I I -1 I I I I I I I I I I I GEORGIA PROMPT PAY ACT This ~\greement is intended by the Parties to, and does, supers(ade any and all provisions of the Georgia Prompt Pay Act, O.C.G.~\. Section 13-11-1, et seq. In the event any provision of this A~;reement is inconsistent with any provision of the Prompt Pay Act:, the provision of this Agreement shall control. All claims, disputes and other matters in question between the OWner and the Contractor arising out of or relating to the Agreem'ant, or the breach thereof, shall be decided in the Superi'Jr Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Ricbmo:a.d County and waives any right to contest the venue in the Super~~~ ~9urt of Richmond County, Georgia. Notwithstanding 'any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any cla~ to same. NOTICE All rE!ferences in this documentr which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to "Richmond County Board of Commissioners II shall be deemed to mean "Augusta-Richmond County Coumission-Council and all references to II Chairman" shall be deemed to mean "Mayorll. DISPOSALS Prior to any material from this project being wasted or otherw'ise disposed of outside the proj ect limits the Contractor shall furnish the Engineer a copy of written permission, signed by thEI property owner (or his authorized agent) describing the estima.ted amount and type of material to be placed on said propex'ty. If any portland cement concrete, asphaltic concrete, wood clr other such materials are to be wasted on the property, a PPA-l I I I I I copy of the owner's inert landfill pennit, 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 permi t issued by Augusta-Richmond County must be furnished to the Engi.neer. I I -I I I I I I I I I I I I PPA-2 I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County- Council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this proje!ct 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. -- I The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be cons'idered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. I I I' I I I I I Ir 'I I ME-l I I I I I I I SECOND STREET OUTFALL Project Number: 327-04-296812004 SPECIAL CONDITIONS SCOPE~ Jack or bore two 48" steel pipelines under two, CSX Railroad Tracks and the Savannah River Levee. Install approximately 3000 LF. 48" storm drain pipe and appertenances, overlay roadway and construct gravel access road outside Savannah River Levee. This project includes all labor, equipment, materials and supervi:;ion necessary to properly complete this project. TERMINI AND LENGTH: . . The majority of this project is located between Forsythe Street and Second Street and the Savannah River and Watkins Street. LUMP SUM CONSTRUCTION: I I I I I I I I I I I Lump Sum Construction includes, but is not limited to construction staking, removals' and disposals, plugging pipe, sewer service replacement or any required work not covered by a specific pay item. PIPE/STRUCTURE BACKFILL: The backfilling of pipe and other structure shall be in accordance with 'Georgia Department of Transportation Standard Specifications, Current Edition. BackfiUing with sand using jetting and/or flooding to achieve compaction will not be allowed in any case without the written permission of the Engineer. PIPE: All concrete pipes on this project shall be furnished with O-ring gasket joints. SUPERP AVE: Special attention is called to pages CC-11 thru CC-31 of this contract documt:nt concerning asphalt and superpave. SP-l I hi ,- -:. I I I I I I I I I I I I 'I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the ~day of ;.;;; 1ft , W~y and between Au~usta-Richmond County Commission-Council party of the first part, hereinafter called the OWNER, and IU~U5 t5!Z.Dn/erl.S Co,.jcfnZucr10N-. CO. /MC. party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Second Street Outfall Project Number: 327-04-296812004 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 ofthis agreement. ARTICLE II - TIME OF COMPLETION - LIOUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 300 calendar days with such extensions of time as are provided for in the General Conditions. 11: 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 bfthe work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and unintenuptedly at such rate ofpj:ogress 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 A-I -I I I I I I I i I I I ,I I I I I I I I 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. 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 ofthe consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because ofthe impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. j[t 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 a work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT {a) The Contract Sum The owner shall pay to the Contractor for the performance of the contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Progress Payment On no later than the' fifth day of every month, the Contractor shall submit to the Owner's Engineer, an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run, following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 I I I I I I I -I I I I I I I I I I I I Revised (7/1/99 ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (a) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days, make such inspection and when he finds the work acceptable under the contract and the contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within 15 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the contractor except those previously made and still unsettled. {d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the contract, make payment of the balance due for that portion of the work fully completed and accepted. (e) Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques, sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Docwnent, without an Amendment to the Contract.. Each payment shall be made under the terms and conditions governing final payment, except thatit shall not constitute a waiver of claims. J.~-J I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. -.-~~~.~~~ AUGUSTA-RICHMOND COUNTY ..".....;~:\JJ.CHMOI\~\\~ COMMISSION-COUNCIL AT ,,~ 0.."''''1>0" (>0 ~~~ ;' ~~ 'c~... ""0".. ~ \~ (Owner) ! J / fit.;;" 0"0 ~ '~ " or: : ' ~l" \ ~ '~c? ~ . : . 0 ~ S~~T~" l'~: ,'::; ~ If.$U' ..._ :::: ~ By: :.A"'" e. .: ..J "~ II !'ST. ,,;; .. 19911 JIt1 C. -- .' ~ eta1ty - ~~~~ -- . I I I I I I I I I I I SEAL Commission-Council CONTRACTOR:~~~ (k~.tf.~ BY:~ ~0~'~,~~~-'~27~.~~." ~ :::~~ ,'-....-- .~;. Title: PStlJEdtJ I f ~ .,::-2,~' ~1 ~ ~~ ~ ~ ~ ~~ -: ....;."'-, ~~,"'.. ~ ~ Address: q;zo .#'j(}(,t...y (1AJtJ 'Bd '-7-:.' ~'/ ~ . -,.,.~~:~~:;.:;:, -:~'S~"'- ~~ ~, 3<!:J9~(""';-,~,-,"'>' 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' 1 I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article iI/umber Tille DEFINITIONS.. ......., ............ ., ....,.............. . . ...... ... n -_2._ PRELI~.tINARY M.~TTERS ........................................ 3 CONTRACT DOCUMENTS: INTENT. AMENDING AND REUSE............................... 4 A V AIL\BILITY OF LANDS: PHYSICAL CO:--lDlTIONS: REFERENCE POINTS................... ..............,......,..... S BONDS AND INSURANCE ........................................ 6 CONTRACTOR'S RESPONSiBILITIES............................ 7 OTHER WORK. ...............,...... ..................... ......... 8 OWNER'S RESPONSiBILITIES.................................... 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 10 CHANGES IN THE WORK......................................... II . CHANGE OF CONTRACT PRICE. .. ..., ..,.,..... .... .. . ..... .. ... 12 CHANGE OF CONTRACT TIME...,........... .................... 13 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK....... .................... 14 PA YMENTS TO CONTRACTOR AND COMPLETION '........... 15 SUSPENSION OF WORK AND TERMINATION.....,. ,..,...... 16 ARBITRATION,.,....,.....,."....,................."............ 17 MISCELLAN EOUS . . . . . . . . . . . . . . . .. , . , . . ... .. . . .. . ... . . . . . .. . . .. ;.. 3 PaRe .., I 8 9 10 11 14 18 19 19 21 21 24 24 26 29 31 32 I I INDEX TO GENERAL CONDITIONS I Article or Paragraph Number Acceptance of Insurance ............................. 5.13 Access to the Work .................................. 13.2 Addenda-detinition of (see detinition of Specifications) ........................................ I Agreement-detinition of ................................ 1 All Risk Insurance..................................... 5.6 Amendment. Wriw:n ............................. 1. 3.1.1 Application for Payment-detinition of .................. I Application for Payment. Final ...................... 14.12 Application for Prcgress Payment .................... 14.2 Application for Progress Payment-review of .... 14.4-14.7 Arbitration ............................................. 16 Authorized Variation in Work......................... 9.5 A vailability of Lands .................................. 4.1 A ward. Notice of-<ietined .............................. I I I I I -I Before Starting Construction ...................... 2.5-2.7 Bid-definition of- . H' . .~. ..... .. .... ... .......... . .. ... I Bonds and Insuranc:e-in general ........................ 5 Bonds--<ietinition of. ... ....... .......................... 1 Bonds. Delivery of ............................. ... 2.1. 5.1 Bonds. Performancl: and Other .................... 5.1 -5.2 I I Cash Allowances ..................................... 1 1.8 Change Order--definition of ............................. 1 Change Orders-to be executed ...................... 10.4 Changes in the Work ................................... 10 Claims. Waiver of-o{)n Final Payment ............... 14.16 Clarifications and Interpretations ...................... 9.4 Cleaning ..........................,.................. 6.17 Completion. .. . . .. .......................... ............ 14 Completion. Suostalllial ................,........ 14.8-14.9 Conference. Precon:,truction .......................... 2.8 Contlic:. Error. Discrepancy-Conii-actor to Report ,.,.......,........................... 2.5. 3.3 Construction Machinery. Equipment. etc. ............. 6,4 Continuing Work ..,.................................. 6.19 Contract Document~;-amending and supplementing,........... ............... ........ 3.4-3.5 Contract Document~;-<ietinition of .....................,. 1 Contract Document~;-Intent ...................... 3.1-3.3 Contract Document~;-Reuse of ....................... 3.6 Contract Price. Change of .............................. 11 Contract Price--definition .,............................. 1 Contract Time. Change or" .............................. 12 Contract Time. Commencement of .................... 2.3 Contract Time-detlnition of ...........,................ I Contractor-deriniti()n of ................................ 1 Contractor May Stop Work or Terminate ............. 15.5 Contractor's Continuing Obligation.... .............. 14.15 Contractor's Duty tc> Report Discrepancy . in Documents ,..,.............................. 2.5. 3.2 Contractor's Fec-{:'ost Plus ... 11.4.5.6. I I .S.I. 11.6-11. ~ Contractor's Liability Insurance., ..................... 5.3 Contractor's Responsibilities-in general .......;........ 6 I I I I I I I I I Contractor's Warranty of Title ........................ 14.3 Contractors-<lther ...................................... 7 Contractual Liability Insurance. ....................... 5.4 Coordinating Contractor-detinition of ................ 7.4 Coordination' .......................................... 7.4 Copies of Documents .................................. 2.: Correction or Removal of Defective Work ........... 13. II Correction Period. One Year ........................ 13.12 Correction. Removal or Acceptance of Defective Work-in general ........................... 13.11-13.14 Cost-net decrease ...................:............. 11.6.1 Cost of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 1.4-11 .5 Costs. Supplemental. . . . . . . . . . . . . . . . . . .... . . . . . . . . .. 11.4.5 Day-definition of ....................................... 1 Defective-definition of ................................. 1 Defective Work. Acceptance of . . . . . . . . . . . . . . . . . . . . .. 13.13 Defective Work. Correction or Removal of .......... 13.11' Defective Work-in general ............... 13. 14.7. 14.11 Defective Work. Rejecting..... .. ........... ........... 9.6 Detinitions .............................................. 1 Delivery of Bonds ..................................... 2.1 Determination for Unit Prices ........................ 9.10 Disputes. Decisions by Engineer. .. .......... .... 9.11-9.12 Documents. Copies of ................................. 2.2 Documents. Record .................................. 6.19 Documents. Reuse ....................................3.6 Drawings--detinition of ................................. 1 Easements ............................................ 4.1 Effective date of Agreement--(jefinition of . . . . . . . . . . . . . .. 1 Emergencies ......................................... 6.12 Engineer-definition of .................................. I Engineer's Decisions ,........................... 9. 10-9, 12 Engineer's-Notice Work is Acceptable............. 14.13 Engineer's Recommendation of Payment ...... 14.4. 14.13 Engineer's Responsibilities. Limitations on ................. 6.6,9.11 , 9.13 -9.16,18.2 Engineer.s Status During Constnlction-in general ...... 9 Equipment. L.1bor. Materials and...... ............ 6.3-6.6 EquiValent Materials and Equipment .................. 6.7 Explorations of physical conditions ................... 4.2 Fee. Contractor's-Costs Plus. ....................... 11.6 Field Order-<ieliniIion of ............................... 1 Field Order-issued by Engineer ................ 3.5.1.9.5 Final Application for Paymenl ....................... 14.12 Final Inspection ..................................... 14. 1 J Final Payment and Acceptance...................... 14.13 Final Payment. RecommendaIion of ........... 14.13-14. 14 General Provisions .............................. 17.3-17.4 General Requirements--definition of. . . .. . . . . . . . . . . . . . . .. I General Requirements-principal references 10 ................. 2.6. 4.4. 6.4. 6.6-6.7. 6.13 ~ I I Giving Notice ........................................ 17.1 Guarantee of Work-by Contractor................... 13.1 I Indemnification.. .. . .. .. .. . . .. .. .. .. . .. .. ... 6.30-6.32. 7.5 Inspection. Final .................................... 14.11 Inspection. Tests ,and... .............................. 13.3 Insurance, Bonds and-in general....................... 5 Insurance. Certific:ates of ........................... 2.7.5 Insurance-completed operations.................... .. 5.3 Insurance. Contractor's Liability ...................... 5.3 Insurance. Contractual Liability ....................... 5.4 Insurance, Owner's Liability .......................... 5.5 Insurance. Property .............................. 5.6-5.13 Insurance-Waivf:r of Rights ......................... 5.11 IntenI of Contract Documents ................... 3.3,9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions. . . . . . . . . . . . . . . . . .. 4.2 I I I I Labor. Materials and EquipmenI .................. 6.3-6.5 Laws and Regulations-:1efinition of ............... . . . . .. I Laws and Regulations--generaJ ..... ................ .. 6.14 Liability Insuranc,:-Contractor's ..................... 5.3 Liability Insuranc,:-Owner's ......................... 5.5 Liens-:1efinitions. o( _' . .'" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.2 Limitations on Engineer's Responsibilities ..................... 6.6.9. 11. 9.13-9.16 i I Materials and equipment-furnished by Contractor .... 6.3 Materials and eqUiipment-not incorporated in Work .............................. 14.2 Materials or equipment~quivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Multi-prime contracts .............................:..... 7 I I Notice, Giving of..................................... 17.1 Notice of Accepta.bility of Project ................... 14.13 Notice of Award--definition of .......................... I NOtice to Proceed-definition of . . . . .. .. . . . .. .. . .. . .. . . .. I Notice to Proceed-giving of .......................... 2..3 I 'I "Or. Equal" Item~i ..................................... 6. i Other contractors ....................................... 7 Other work .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Overtime Work-prohibition of . " .. .. ........ .... . . ... 6.3 Owner-detlnitiol1, of .................................... 1 Owner May Correct Defective Work................. 13.14 Owner May Stop Work, . .... ... ...... . . ..... .. .. . . .. 13.10 Owner May Suspf:nd Work. Terminate .......... 15.1-15,4 Owner's Duty to Execute Change Orders........... .. 11.8 Owner's Liability Insurance ........................... 5.5 Owner's Representative-Engineer to serve as ........ 9.1 Owner's Responsibilities--in general .................... 8 Owner's Separ:lte Representative at site............:.. 9.3 I I I Partial Utilization .................................. 14.10 Partial Utilization-definition of ......................... I Partial Utilization-Property Insurance............... 5.15 Patent Fees and F~oyalties ............................ 6.1: Payments. Recommendation of ........... 14.4-14.7. 14.13 Payments to Conlractor-in general .................... 14 I 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 Physic31 Conditions ................................... 4.2 Physical Conditions--Engineer's review ............. 4.2.4 Physical Conditions--existing structures... . . .. . . .. .. 4.2,2 Physical Conditions--explorations and reports. " .. .. 4.2.1 Physical Conditions--possible document change ..... 4.2.~ Physical Conditions--price and time adjustments .... 4.2.5 Physical Conditions--report of differing ............. 4.2.3 Physical Conditions-Underground Facilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ..................................... 2 Premises. Use of ................................ 6.16-6.18 Price, Change of Contract .............................. II Price.Contract-detlnition of ............................ I Progress Payment. Applications for. .................. 14.2 Progress Payment-retainage ......................... 14.2 Progress schedule ............... 2.6.1.9,6.6.6.29. 15.2.6 Project-definition of .................................... I Project Representation-provision for ................. 9.3 Project Representative. Resident-definition of .......... I Project. Starting the ................................... 1.4 Property Insurance ............................... 5.6-5.13 Property Insurance-Partial Utilization ............... 5.15 Property Insurance-Receipt and Application of Proceeds............... .......... .......... 5.12.5.13 Protection. Safety and....................... .... 6:20-6.21 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 ............................. 17.4 Removal or Correction of Defective Work ........... 13.11 Resident Project Representative~etiniIion of ........... 1 Resident Project Representative-provision for........ 9.3 Responsibilities. Conlractor's--in general ............... 6 Responsibilities. Engineer's--in general ................. 9 Responsibilities. Owner's--in general.................... 8 Retainage ................................ .,........... 14.2 Reuse of Documents .................................. 3.5 Rights of Way ......................................... ~.I Royalties. Patent Fees and ........................... 6.11 SafelY and Protection ... . . .. 6. 20 -6 . 21, 18 . 1-18 . 2 Samples ......................................... 6.23-6.28 Schedule of progress ........ :!.6. 2.8-2.9. 6.6. 6.29. 15.:!.6 Schedule of Shop Drawing submissions...................... 2.6.2.8-2.9.6.23. 14.1 Schedule of values ...................... :!.6.2.8-2.9. 14.1 Schedules. Finalizing. ............. ....... .. ........... 2.9 Shop Drawings and Samples. . . . . . . . . . . . . . . . . . . .. 6.23-6.:!8 Shop D"?,wings-:1efinition of . . . . . . . . . . . . . . . . . . . . . . . . . . .. I Shop Drawings. use to approve substitutions ...................................... 6.7.3 5 I I Site. Visits Io-by Engineer ........................... 9.2 Specifications-del'inition of ............................. I Staning Construction. Before... .. . . . .. . . . .. . .. . . .. 2.5-2.8 Staning the Project.............................:....... 2.4 Stopping Work-by Contractor....................... 15.5 Slopping Work-by Owner.......................... 13.10 Subcontraclor~efinition of ............................. 1 Subcontractors--in genera! ....................... 6.8-6. I 1 Subcontracts--reQllired provisions ............5. I 1. I. 6. I I I I .4.3 Substantial Complc:tion-<:enification of .............. 14.8 Substantial Complr:tion-<1efinition of . . . . . . . . . . . . . . . . . . .. ) Substitute or "Or-Equal" Items....................... 6.7 Subsurl'ace Conditions. . . . . . . . . . . . . . . . . .. . . . . . . . . .. 4.2-4.3 Supplemental cost~: ................................. I 1.4.5 Supplementary COll1ditions-definition of ................ ) Supplementary COJ.lditions-principal references to .. 2.2. 4.2. 5.1. 5.3. 5.6-5.8. 6.3. 6.13, 6.23, 7.4. 9.3 Supplementing Contract Documents............... 3.4-3.5 Supplier~efinitiol1 of . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. 1 Supplier-principa:i 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~onsenI IC- paymenI .................. 14.12. 14.14 Surety-Engineer has no duty 10 ..................... 9.13 Surety-notice to .......................... 10.1. 10.5. 15.2 SuretY-<juaJificatilln of ........................... 5.1-5.2 Suspending Work. by Owner ......................... 15.) Suspension of Work and Termination-in genera! ....... 15 Superintendent-Contractor's ......................... 6.2 Supervision and Sv:perintendence .................. 6.1-6.2 I I I I I -- I I I I Taxes-Payment by Contractor........:.............. 6.15 Termination-by Contractor. . .. . .. .. .. . .. . . . .. .. . .... 15.5 Termination-by Owner......................... 15.2.15.4 Termination. Suspc:nsion of Work and-in general ...... 15 Tests and Inspections ........................... 13.3-13.7 Time. Change of C)ntract .............................. 12 I I I I I I I I Time. Computation of ................................ 17.2 Time. Contract~efinition of . . . . . . . . . . . . . . . . . . . . . . . . . . .. I Uncovering Work ............................... 13.8-13.9 Underground Facilities-definition of . .............. .. ... 1 Underground Facilities-not shown or indicated..... 4.3.2 Underground Facilities-protection of ........... 4.3.6.20 Underground Facilities-shown or indicated......... 4.3.1 Unit Price Work~efinition of .......................... I Unit Price Work-general ................. 11.9. 14.1. 14.5 Unit Prices......................................... 11.3.1 Unit Prices. Determinations for....................... 9.10 Use of Premises................................. 6.16-6.18 Utility owners .......................... 6.13,6.20.7.2-7.3 Values. Schedule of ......................... 2.6.2.9. 14. I Variations in Work-AuIhorized ............ 6.25.6.27.9.5 Visits to Site-by Engineer............................ 9.2 Waiver of Claims-on Final Payment ................ 14.] 6, Waiver of Rights by insured panies ............. 5.10. 6. 11 Warranty and Guarantee-by Contractor.... ~........ 13.1 Warranty of Title. Contractor's ....................... 14.3 Work. Access 10 ..................................... 13.2 Work-by others ........................................ 7 Work Continuing During Disputes .................... 6.29 Work. Cost of ................................... j i.4-j i.5 Work~efinition of ..................................... 1 Work Directive Change--<lefinition of ................... I Work Directive Change-principal , references to ............................ 3.4.3, 10.1- 10.2 Work. Neglected by Contractor ..................... 13.14 Work. Stopping by Contractor........................ 15.5 Work. Stopping by Owner....................... 15.1-15.4 Written Amendmenl--<lefinition of ...................... I Written Amendment-principal references to ..................... 3.4.1. 10.1. 11.2.12.1 6 I I GENERAL CONDITIONS ARTICLE I-DEFINITIONS I Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to,both the singular and plural thereof: I I Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the bidding documents or the Contract Documents. I AgreemellT- The written agreement between OWN ER and CONTRACTOR covering the Work to be performed: other Contract Documel1ls are attached to the Agreement and made a part thereof as ~'rovided therein. I Applicatio/l fiJl' l'aYlIlellT- The form accepted by ENG 1- NEER which is tc be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents. -, ' , - i I Bid-The offer Of' proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. I BOllds-Bid. performance and payment bonds and other instruments of security, I Change Order-A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition. deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time. issued on or after the Effective Date of the Agreement. I Com/'(/er DOClIlIle,7tS- The Agreement. Addenda (which per- tain to ,the Contract Documents). CONTRACTOR's Bid (including documema[ion accompanying the Bid and any post- Bid documentation submitted prior [0 the Notice of Award) when attached as an exhibit to the Agreement. the Bonds. these General Conditions. the Supplementary Conditions. the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement. together with all amend- ments. modificati'Jns and supplements issued pursuant to paragraphs 3.4 and 3.5 l10 or after the Effective Date of the Agreement, I I I Cum/'(/ct Price-The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subje,:t to the provisions of paragraph 11.9,1 in the case of U nit Price Work). I I CO/ltract Tillie-The number of days (computed as provided in paragraph 17.~) or the date stated in the Agreement for the compktion of (he Work, I CONTRA.CTOR-The person. firm or corpor.ltion \\ith whom OWN ER has entered into the Agreement. I defecti,'e-An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. or does not conform to the Contract Documents. or does not meet the requirements of any inspection. reference standard. test or approval referred to in the Contract Documents. or has been damaged prior to ENGINEER's recommendation affinal payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10l. Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGIN EER and are referred to in the Con- tract Documents, Effecti,'e Date of the Aweemellf- The date indicated in the Agreement on which it becomes effective. but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the' two parties to sign and deliver. E.VGINEER- The person. firm or corporation named as such in the Agreement. Field Order-A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Conrrac[ Price or the Contract Time. General Requiremellfs--:Se~tions of Division I of the Speci- fications. Lal\'s and Regulatiuns: Laws or Regulations-Laws. rules. regulations. ordinances. codes and/or orders. Nutice uf Au'ard-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified. OWNER will sign and deliver the Agreement. Notice (() Proceed-A ~rilten notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the dale on which the Conrract Time will commence to run and on which CONTRACTOR shall start to ~erform CONTRAC- TOR'S obligations under the Contract Documents. OWNER-The public body or authority. corporation. asso- ciation. firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utili::.atjon-Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents. Rt'sidellf PI'< ~ie('t Repre.\'eJltati,'e- The authorized represen- tative of ENGINEER who is assigned to the site or any part thereof. 7 I I Shop Drawings-All drawings. diagrams. illustrations. schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Worle and all illustrations. brochures. standard schedules, perfor- mance charts. instructions. diagrams and other information prepared by a Supp:iier and submitted by CONTRACTOR to illustrate material 01' equipment for some portion of the Work. I I Specifications-Those portions of the Contract Documents consisting of writt,:n technical descriptions of materials. equipment. construction systems. standards and workman- ship as applied to th: Work and certain administrative details applicable thereto. I 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 Complerion- The Work (or a specified pan thereoO has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGlNEER's definitive certificate 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 certificate issued. when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comple- tion thereof. -I I I I Supplementary Conditions-The part of the Contract Docu- ments which amends or supplements these General Condi- tions. I Supplier-A manufacturer. fabricator. supplier. distributor. materialman or vendor. I Underground Facilir,ies-All pipelines. conduits. ducts. cables. wires. manholes. vaults. tanks. tunnels or other such facilities or attachments. and any encasements containing such facil- ities which have been installed undergrou'nd to furnish any of the following servicl:s or materials: electricity. gases. steam. liquid petroleum pmducts. telephone or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or waIer. I I Unit Price Work-Work to be paid for on the basis of unit prices. I Work-The entire completed construction or the various sep- arately identifiable pans thereof required to be furnished under the Contract Documents. Work is the result of per- forming services. furnishing labor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contract Documents. I I Work Directive Chaltge-A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. 'I ordering an addition. deletion or revision in the Work. or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time. but is evidence that the panies expect tbat the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the panics as to its effect. if any. on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendment-A written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the AgreemenI and normally deal- ing with the nonengineering or nontechnical rather than SuiCllY Work-related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of DocumenlS: 2.2. OWNER Shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished. upon request. at the cost of reproduction. Commencement of Contract Time,' Notice 10 Proceed: 2.3. The Contract Time will commence to run on the thirtieth day afterthe Effective Date of the Agreement. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than Ihe seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement. whichever date is earlier. SUUting the ProjecI: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run. but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before SlDrting Construction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown 8 I I thereon and all a,pplicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict. error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby: however. CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to repon any conflict. error or discrepancy in the Contract Documents. unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. I I I 2.6. Within tt:n days after the Effective Date of the Agree- ment I unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for review: I 2.6.1. an estimated progress schedule indicating the staning and completion dates of the various stages of the Work: I ~. I 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and I 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating th,~ Contract Price and will subdivide the Work into component pans in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- finned in writing by CONTRACTOR at the time of sub- mission. I I 2.7. Before any Work at the site is staned. CONTRAC- ' TOR shall dehel: to OWNER. with a copy to ENGINEER. cenificates land other evidence of insurance requested by OWN ER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4. and OWNER shall ddiver to CONTRACTOR cenificates (and other evidence 0:[ insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in, accordance wilhparagraphs 5.6 and 5.7. I I I Preconstruction C7nference: 2.8. Within twenty days after the Effective Date of the Agreement. but before CONTRACTOR starts the Work at the site. a conterence attended by CONTRACTOR. ENGI- NEER and l)lhers as ;Ippropriate will be held to discuss the schedules referred to'in paragraph 2.6. to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment. and to establish a working understanding among the panies as to the Work. I I I Fina/i:.ing Schedules: 2.9, At least ten da~'s before submission ,Ji; the first Appli- cation for Pa~ment a conference allended by CONTRAC- TOR. ENGINEER and others as appropriate will be held to finalize the ~che,jules submilled in accordance with para- I I graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- 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 Intent: 3. I. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for 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 10 describe a functionally complete Project (or pan thereon to be con- suiJcted in accordance with the Contract Documents. Any Work. materials or equipment that may reasonabiy be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association. or to the Laws or Regulations of any governmental authority. .. whether such reference be specific or by implication. shall mean the latest standard specification. manual. code or Laws or Regulations in effect at the time of opening of Bids (or. on the Effective Date of lhe Agreement if there were no Bids). except as may be otherwise specifically staled. However. no provision of any referenced standard specification. manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER. or any of their consultants. agents or employ- ees from those set fonh in the Contract Documents. nor shall it be effective to assign to ENGINEER. or any of ENGI- NEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents ,hall be issued by ENG IN EER as provided in paragraph 9.4. 3.3. If. during the performance of the Work. CONTRAC- ,TOR finds a conflict. error or discrepancy in the Contract Documents. CONTRACTOR shall so repon to ENGINEER in writing at 'once and before proceeding with the Work atfected thereby shall obtain a written interpretation or clarification 9 I I from ENGINEER; however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conftict. error or d.iscrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. I I Am~nding and Suppi'~m~1Iling Contract Docum~nts: 3.4. The Contra,ct Documents may be amended to pro- vide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: I I 3.4.1. a formal Written Amendment, 3.4.2. a Change Order (pursuant to paragraph 10.4), or I 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). -I As indicated in paragraphs-II.: and 1:.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. I 3.5. In addition" the requirements of the Contract-Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authonzed, in one or more of the following ways: I 3.5.1. a Fielcl 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. ENGE'lEER's written interpretation or clarifi- caIion (pursuant to paragraph 9.4). I Rewe of Documents:' 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other pl:rson or organization performing or rur- n~shing any of the Work under a direct or indirecI 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 seal of ENGINEER: and they shall not reuse any of them on eXIensions of the Pmject or any other project without written consent of OWNER and ENGINEER and specific written verification or adaplation by ENGINEER. I I I ARTICLE 4-A V AILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS I A llaiJabiJily of LAnds;' 4. I. OWNER sball furnish, as indicated in the Contract Documents, the lands upon which the Work is to be per- formed. rights-of-wHY and easements for access thereto, and I I . . such other lands which are designated for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing faciliIies will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands. rights-of-way or ease- ments entitles CONTRACTOR to an extension of the Con- tract Time. CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Exp/orations 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 repons. but not upon nontechnical data, interpreta-' tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in ,the immediately preceding sentence and in paragraph 4.1.6. CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such strucIures. 4.2.3. Report of Differing Conditions: If CONTR.4.C- TOR believes that: 4.2.3. I. any technical data on which CONTRAC. TOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate. or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated. reflected or referred to in the Contract Docu- ments. CONTRtJ-:-rOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permftted by para- graph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference. 10 I I 4.2.4, ENGINEER's RI!\'il!l\': ENGINEER will promptly review the pertinent conditions. determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. I I 4.2.5. Possihle Document Change: If ENGINEER concludes thaI: there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required. a Work Directive Change or a Change Order will be issued as provided ill Article 10 to reflect and document the consequences of the inaccuracy or difference. I I 4.2,6. Pos,lihle Price lInd Time Adjllstmems: In each such case. an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereof. will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or kngth thereof. a claim may be made therefor as provided in-Article~ j I and 12. I -I I Physical Conditions-Cnderground Facilities: 4.3.1. Sholl'n or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: I I 4,3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. I I .U. I .2. CONTRACTOR shall have full responsi- bility for re'/iewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents. for coordina- tion of the Work with the owners of such Underground Facilities dr!ring construction. for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in the Contract Price. I I I 4.3.2. No! Sholl'n or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and: which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall. promptly after becoming aware thereof and before performing any Work affected thereby (except in an emer: gency as permiued by paragraph 6.22l. identify the owner of such Underground Facility and give written notice thereof to that owner a,nd to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to I I I determine the extent to which the Contract Documents should be modified to reflect and document the conse- quences of the existence of the Underground Facility. and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time. or both. to the extent Ihat they are attributable to the existence of any Underground Facility that was not shown or indicaled in the Contract Documents and which CONTRACTOR could not reasonably have been expecled 10 be aware of. If the parties are unable to agree as to the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENG IN EER' s judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due. except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary C ondi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authorilY 10 act. 5.2. If the surety on any Bond furnished by CONTR.-\C- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any stale where any part of II I I the Project is locatc:d or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five days thereafter substitute another Bond and Surety. both of which must be acceptable [0 OWNER. I I CO~lQr's LillbiJiJ]' lnsruance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive gen'=raJ liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protc:ction 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 other obligations under the Contract Documents. whether iI is to be performed (Ir furnished by CONTRACTOR. by any Subcontractor. by a!l1yone directly or indirectly employed by any of them to perform or furnish any of the Work. or by anyone for whose aGts any of them may be liable: I I I -I 5.3.1. Claims under workers' or workmen's compen- sation. disability benefits and other similar employee ben- efit acts; I 5.3.2. Claims for damages because of bodily injury. occupational sick ness or disease. or death of CONTRAC- TOR's employee:s; I 5.3.3. Claims for damages because of bodily injury. sickness or dise.lse. or death of any person other than CONTRACTOR's employees; I 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained la) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or (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 tan~ble 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 dama,ges because of bodily injury or death of any person or for damage to property: and I 5.3. i. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. maintenance or use of any motor vehicle. I The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- tary Conditions. or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operatioli:s insurance. All of the policies of insur- ance so required to be purchased and maintained lor the certificates or other evidence thereoO shall contain a provi- sion or endorsemen't that the coverage afforded will not be cancelled. materially changed or renewal refused until at least I I I thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect unIil final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacing defective 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. COnlTactual LiabiJiJy Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. Owner's L.i4biJiJy Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and. at OWNER's option. may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents; Properry Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions. OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests 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 oIher professionals!. If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of- OWNER. CONTRACTOR. Subcontractors. ENGINEER AND ENGINEER's consultants in the Work. all of whom shall be listed as insured or additional insured parties. 12 I I 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provision:; in accordance with paragraph 5.11.2. I I I 5.9. OWNER. shall not be responsible for purchasing and maintaining any property insurance to protect the inten:sts of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amoullt. will be borne by CONTRACTOR. Sub- contractor or others suffering any such loss and ifany of them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's own expense. I I --I 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance pol- icy. OWNER shm. if possible. include such insurance. and the cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of th(: Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. I I Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENG 1- NEER. ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each' subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favorofOWNER. CONTRACTOR. ENGINEER. ENGI- NEER's consu Itants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insmed parties may have to the proceeds of insurance held by OWNER as trustee or otherwise pay- able under any policy so issued. I I I I I 5.11.2. OWNER and CONTRACTOR intend that any policies pro\'ided in response to paragraphs 5.6 and 5,7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils co\'ered thereby. Accordingly. all such policies shall con- tain provisiuns to the effect that in the event of payment of any loss or damage the insurer will have no rights of reco\'ery agair:,,~ any of the parties named as insureds ur additional insureds. and if the insurers re4uire separate waiver forms to be signed by ENGINEER or ENGI- NEER's cllnsu,ltant OWNER will ubtain the same. and if I I I I such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same. Receipt and Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds. as their interests may appear. subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received. and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced. the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after' the occurrence of loss to OWNER's exercise of this power. If such objection be made. OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest. OWNER as trustee shall. upon the occurrence of an insured loss. give bond for the proper per- formance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reql:ired to be pur- chased and maintained by CONTRACTOR in accordance with paragrap~s 5.3 and 5.4 on the basis of its not complying with the Contract Documents. OWNER shall notify CON- TRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not. complying with the Contract Documents. CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial Utili:.ation-Propert)' Insurance: 5.15. If OWN ER /lnds il necessary to occupy or use a portion or portions of the Work prior to Substantial Comple- tion of all the Work. such use or occupancy may be accom- plisheu in accordance with paragraph 14.10: provided that no 13 I I such use or occupancy shall commence befoie the insurers providing the prop.:ny insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies, but the property in:surance shall not be cancelled or lapse on account of any such panial use or occupancy. I I I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES I Supervision and Superintendence: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means. methods. techniques. sequences and procedures of construction. but CONTRACTOR shall not be responsible for the negligence.oCothcrs in the design or selection of a specific means: mc:thod. technique. sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. I -. I I I 6.2. CONTRACTOR shall keep on the Work at all times during its progress ,a competent resident superintendent. who shall nOI be replacc:d without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. ' I I I lAbor. MaJeri4ls and Equipment: 6.3. CONTRACTOR shall provide competent. suitably qualified personnel to survey and layout the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the sit.:. Except in connection with the safety or protection of persc'ns or the Work or property at the site or adjacenl thereto. 2:nd except as otherwise indicated in the Contract Documents. all Work at the site shall be performed during regular working hours. and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday. Sunday or any legal holiday without OWNER's writ- ten consent given 2.fter prior written notice to ENGINEER. I I I 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor. transportation. construction equipment and machinery. tools. ??pliances. fuel. power. light, heat. telephone. water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing. performance. testing. start-up and, completion of [he Work. I I I 6.5. All materials and equipment shall be of good quality and new. except as otherwise provided in the Contract Doc. uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied. installed. con- nected. erected. used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will be effective to assign to ENGINEER. or any of ENGINEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or author- ity to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance !to the extent indicated in paragraph 2.9) adjust- ments in the progress schedule to 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. Substitutes or "Or-EqUlJi" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to 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, certifying that the proposed substitute will perform ade- quately the functions and achieve the results called for by the general design. be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The applicaIion will state thaI the evaluation and acceptance of the proposed substiIute 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 DocumenIs (or in the provisions of any other direct conIract with OWNER for work on Ihe Project) to adapt the design to the proposed 'substitute and whether or not incorporation or use of the substituIe in connection with the Work is sUbj,ect to payment of any license fee or 14 I I royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance. repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all CO:ilS that will result directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractors affected by the resulting change. all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. I I I 6,7,2. If aipecific means. method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. sequence. technique or procedure l)f construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar ,0 that provided in paragraph 6.7, I as applied by ENGINEERand-as may be supplemented in the Gen- eral Requirements. I I -I I 6.7.3. ENGINEER will be allowed a reasonable time within which Ii) evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability. and no substitute will be ordered. installed or utilized without ENG INEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OW:'iER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in eva:uating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. I I I I I Concerning SubCOl/traClOrs. Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor. Supplie:r or other person or organization t including those acceptable to OWNER and ENGINEER as indi- cated in paragra.ph 6.8.2). whether initially or as a substi. tute. against whom OWNER or ENGINEER m.ay ha\'c reasonable obje':tion. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objectit1n. 6.8.2. If th,~ Supplementary Conditions require the identity of certain Subcontractors. Suppliers or other per- sons or organizations (in!=luding those who are to furnish the principal items of materials and equipment lto be sub- mitted to OWI\'ER in advance of the specified date prior to the Effective Date of the Agreement for ac~'eptance b\' I I I I I OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. OWN ER's or ENGIN EER's accept- ance (either in writing or by failing to make written objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR shall submit an acceptable substitute. the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGI- NEER to reject defectil'e Work. 6.9, CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization. nor shall it create any obligation on the pan of OWNER or ENGINEER to payor to see tothe payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5,11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the perfor- mance of the Work or the incorporation in the Work of any invention. design. process. product or device which is the subject of p;.tent rights or copyrights held hy others. If a particular invention. design. process. product or device is specified in the Contract Documents for use in the perfor- mance of the Work and if to the actual knowledge of OWN ER 15 I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others. the existence of su(:h rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER arid anyone directly or indirectly employed by either of them from and against all claims. damages. losses and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the: Work of any invention, design, process. product or device 1I0t specified in the Contract Documents. and shall defend all :;uch claims in connection with any alleged infringement of such rights. I I I I I Permits: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR. when Ilecessary, in obtaining such permits and licenses. CONTRACTOR Shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicab/f: at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections 10 the WOI:k. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fel:s. _II I I I I LAws and Regu/4tums: 6. 14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- sible for moniIoring CONTRACTOR's compliance with any Laws or Regulations. I I 6.14.1. If CONTRACTOR observes that the Specifi- caIions or Drawings are at variance with any Laws or RegulaIions. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorizl:d by one of the methods indicated in paragraph 3.4. Jf CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or RegulaIions. and without such notice to ENGINEER. CONTRACTOR shall bear all costs arising therefrom: however. it shall not be CONTRACTOR's pri- mary responsibiJ:ity to make certain th~t the Specifications and Drawings are in accordance with such Laws and Regulations. I I I I Taxes: I 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRAC- TOR in accordance: with the Laws and Regulations of the I place of the Project which are applicable during the perfor- mance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment. the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations. rights- of-way, permits and easements. and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area. or to the owner or occupant thereof or of any land or areas contig- uous thereto. resulting from the performance of the Worle Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall. to the fullest extent permitted by Laws and Regulations. indemnify and hold OWNER and ENGINEER harmless from and against all claims. damages. losses and expenses (including. but not limited to. fees of engineers. architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action. legal or equi- table. brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6. 17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste maIerials. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials. rubbish and debris from and about the premises as well as all tools. appliances. construction equip- ment and machinery. and surplus materials. and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6. I 8. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Written Amendments. Change Orders. Work Directive Changes. Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during con- , struction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon com- 16 I I pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER. I Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to: I I I 6.20. }, all t:mployees on the Work and other persons and organizations who may be alfected thereby: I 6,20.2. alllhe Work and materials and equipment to be incorporated therein. whether in storage on or off the site: and -I 6.20.3. other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. road. ways. struclUrt:s:utilities and Underground Facilities not designated for removal. relocation or replacement in the course of conslruction. I CONTRACTOR ~;hall 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 su(:h safety and protection. CONTRACTOR shall notify owner; of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may alTect them. and shall cooperate with them in the pro- tection. removal. relocation and replacement of iheir prop- erty. .-\11 damage. injury or loss to any property referred to in paragraph 6.20,2 or 6.20.3 caused. directly or indirectly. in whole or in pan. by CONTRACTOR. any Subcontractor. Supplier or any other person or organization directly or indi. rectlv employed by any of them to perform or furnish any of the \V ork or anyon e for whose acts any of them may be liabk. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specitk,Hions or to the acts or omissions of OWN ER or ENGINEER or anyone employed by eithe-r of them or anyone for whose acts either of them may be liable. and not attributable. directly or indi- rectly. in whole or in part. to the fault or negligence of CON- TR.-\CTORI. CONTRACTOR's duties and respllOsibilities for the safety and 'protection of the Work shall continue until such time as all th,~ Work is completed and ENGI:"-IEER has issued a notic'e to OWNER and CONTRACTOR in accord- ance with paragraph 14.13that the Work is acceptable (except as otherwise e.\pn:ssly provided in connection with Substan- tial Compktionl. I I I I I I I I 6,: I, CONTRACTOR shall designate a respl1nsible n:p- resentative at the site whose duty shall be the pre\'ention l)f' accidents, This person shall be CONTRACTOR's superin- tendent unless otherwise designated in writing by CO;\j- TRACTOR 10 OWN ER. I I Emergencies: 6.22. In emergencies affecting the safety or protection of persons orthe Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or authorization from ENGINEER or OWNER. is obligated to act to prevent threatened damage. injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGI- NEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency. a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements. CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para-' graph 2.9). or for other appropriate action if so indicated in the Supplementary Conditions. five copies (unless otherwise specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities. dimen- sions. specified performance and design criteria. materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGI~EER 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 idenIified clearly as to material. 54pplier. pertinent data such as catalog numbers and the use for which intended. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities. dimensions. specified performance cri- teria. installation requirements. materials. catalog num- bers and simibr data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time llf each submission. CONTRAC- TOR shall give ENGIN EER spel:ific written notice of each variation that the Shop Drawings or samples may have from the requirements llf the Cllntract Documents. and. in addition. shall cause a specifil: notation to be made on 17 I I each Shop Drawing submitted to ENGINEER for review and approval of each such variation. I 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples. but ENGI- NEER's review and approval will be only for conformance with the design COllcept of the Project and for compliance with the informatic,n given in the Contract Documents and shall not extend to means. methods. techniques. sequences or procedures of construction (except where a specific means. method. technique, sequence or procedure of construction is indicated in or reql.lired by the Contract Documents) or to safety precautions or programs incidenI thereto. The review and approval of a separaIe item as such will not indicate approval of the assl:mbly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER. and shall return the: required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. I I I I -I 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's anention to each such variation at the time of submission as required by paragraph 6.:!5.2 and ENGINEER has given wrinen approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25.1. I I I I 6.28. Where a Shop Drawing or sample is required by the Specifications. any related Work performed prior to ENGI- NEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. I I Continuing the WorJ:: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress sche:dule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. I I J TUhmnificaJion: 6.30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants. agents and employees from and against all claims, damages. losses and , expenses, direct. il'lldirect or consequential (including but not limited to fees and (:harges of engineers, architects, attorneys and other professio,nals and court and arbitration COSIS) aris- ing out of or resulting from the performance of the Work, I I I provided that any such claim, damage, loss or expense (a) is attributable to bodily injury. sickness. disease or death. or to injury to or destruction of tangible property (other than the Work 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 perform or furnish any of the Work or anyone for whose acts any of them may be liable. the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER. ENGINEER's consultants. agents or employees arising out of the preparation or approval of maps, drawings. opinions, reports, surveys, Change Orders. designs or specifications. ARTICLE 7-OTHER WORK RelDJ.ed Work al Sile: 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 10 be performed 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 thaI such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles II and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work., and shall properly conneCI and coordinate the Work with theirs. CONTRACTOR shall do all cutting. fining and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CON- ]8 I I I I I I I -I I I I I I I I I 1 I I,. TRACTOR shallllot endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWN ER and such utility owners and other contractors. 7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER). CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays. defec:ts or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRI\.CTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site. the person or organization whe, will have authority and responsibility for coordination of the activities among the various prime con- tiactors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized. and the extent of such author- ity and responsibilities will be provided. in .the Supplementary Conditions. Unle:;s otherwise provided in the Supplementary Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. ARTICLE 8-0WNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. 8.~. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWN ER shall furnish the data required of OWN ER under the Contract Documents promptly and shall make pay- mems to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easemems and providing engineering surveys to establish reference poims are set forth in paragraphs 4.1 :ifaj.4,4. Para- graph 4.2 refers to OWNER's idemifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of subsuri'ace conditions at the site and in existing struc- tures which have been Ulilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maimaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 13.4, 8,8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13.10 and I ).1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without \....ritten consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine. in general. if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform 10 the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authoritr lJf any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to re'present OWNER at the site who is not ENGINEER's agent or employee. the duties. responsibilities and limitations of authority of such 01 her person will be as provided in the Supplementary Conditions. 19 I I CLarificalions and IlIurpreuuions: 9.4. ENGINEER will issue with reasonable promptness such written claritkations or interpretations of the require- ments of the Contr:act Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary. which shall be consistent with or reasonably inferable from the overall intenl of the Contract Documents. If CONTRACTOR believes that a writ1:en clarification or inIerpretation justifies an increase in Ihe Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thl:reof. CONTRACTOR may make a claim therefor as provided in Article I J or Article 12. I I I I AUlhoriud Yar.atums in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER. and also on CONTRACTOR who- shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the panies are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as pmvided in Article II or 12. I -I I I Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defeCTive. and will also have authority to require special inspection orresting of the Work as provided in paragraph 13.9. whether or not the Work is fabricaIed. installed or completed. I I Shop Drawings. Challge Orders and Payments: 9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive. I I 9.8. In connection with ENGINEER's responsibilities as to Change Orders. s.:e Articles 10. II and 12. 9.9. In connecticln with ENGINEER's responsibilities in respect of Applications for Payment. etc.. see Article 14. I DetermiTUUions for UI1iJ Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR EN G IN EER' s preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Applicalion for Payment Or otherwise). ENGI- N EER' s written dec:isions thereon will be final and binding upon OWNER and CONTRACTOR. unless. wiIhin ten days after the date of any such decision. either OWNER or CON- TRACTOR delivers to the other party to the Agreement and I I I I / to ENGINEER written notice of intention to appeal from such a decision. Decisions on Displlles: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract DocumenIs and judge of the acceptability of the Work thereunder. Claims. disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles II and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. which ENGINEER will render in writing within a reasonable time. Written notice of each such claim. dispute and other matter will be delivered by the claimant to ENGINEER and the other 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 making or acceptance of final pay- ment as provided in paragraph 14.16) will bea condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other matter. Limiuuions on ENGINEER's ResponsibiJilies: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise 10 any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- conIraCIor. 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 Documenrs the terms "as ordered". .. as directed". .. as required". .. as allowed". .. as approved" or terms of like effect or import are used. or the adjectives .. reasonable". .. suitable", .. acceptable". .. proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction. review or judgment of ENGINEE~ as to Ihe 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 stalement indicating other- wise). The use of any such term or adjective shall not be 20 I I effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions .Jf 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 constrtlction. or the safety precautions and pro- grams incident thereto. and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. I I 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor. any Supplier. or of any other person or organization performing or furnishing any ,)f the Work. I I ARTICLE I~CHANGES IN THE WORK -I I 10. I. Without 'i~lvalidating the Agreement and without notice to any surety. OWNER may. at any time or from time to time. order additions. deletions or revisions in the Work: these will be authorized by a Written Amendment. a Change Order. or a Work Directive Change. Upon receipt of any such document. CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). I I 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent. if any. of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change. a claim may be made therefor as provided in Article 11 or Article 12. I I 10,3. CONTRACTOR shall not be 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 the Contract Documents as amended. modified and supple- mented as provided in paragraphs 3.4 and 3.5. except in the case of an emerg.ency 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. challges in the Work which are ordered by OWN ER pursuant to paragraph 10.1. are required because of acceptance of JefecTiI'e Work under paragraph 13.13 or correcting ,hfe:'TiI'e Work under paragraph 13.14. or are Jgreed [0 by thl~ parties: I I IOA.2. challges in the Contract Price or Contract Time which are Jgree:d to by the pJrties: and I 1004.3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11: provided that. in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations. but during any such appeal. CON- TRACTOR shall carryon the Work and adhere to the prog- ress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to. Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety. the giving of any such notice will be CONTRAC- TOR's responsibility. and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON- TP_'\CTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty davs) after the occurrence of the event giving rise to the ~Iai~ and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be 'delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed cove'rs all known amounts (direct. indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered bya Change Order or of any claim for an increase or decrease" in the Contract Price shall be determined in one of the following ways: ,11.3.1. Where the Work involved is covered by unit prices contained in the Contract Doct.!;,ents. by applica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3. inclusive). 21 I I 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in aCI:ordance with paragraph 11.6.2.1). I 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs J 1.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provide:d in paragraphs 11.6 and 11.7). I I Cost of the Work: 11.4. The term ,Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no highc:r than those prevailing in the locality of the Project. shall in:lude only the following items and shall not include any of the costs itemized in paragraph 11.5: I I -- I 11.4.1. Payro'u costs for employees in the direct employ of CONTRACTtlR in tfie performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include. but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. excise and payroll taxes. workers' or workmen' s compensation. healIh and retirement benefils. bonuses. sick leave. vacation and hol- iday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work: after regular working hours. on Satur- day, Sunday ortega! holidays. shall be inCluded in the above to the extent authorized by OWNER. I I I I 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans- ponation and storage thereof. and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. I I I I 11.4.3. Paymc:nts 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. wiIh Ihe advice of ENGINEER. which bids will be accepted. If a subcontract provides that Ihe Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee..' the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject I I I to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers. architects. testing laboratories. sur- veyors. attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5; J. 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 parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER. and the costs of transportation. loading. unloading. installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment. machin- ery or 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. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR. any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable. and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses). not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of propeny insurance established by OWNER in accordance with paragraph 5.91. pro- vided Ihey have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee. If. however. any such loss or damage 22 I I I I I I I -I I I I I I If I I I I I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a b:: proportionate ,to that stated in paragraph 11.6,2. 11.4.5.7, The cost of utilities. fut:! and sanitary facilities at the site. 11,4,5.8. Minor expenses such as telegrams. long distance telephone calls. telephone service at the site. expressage and similar pelty cash items in connection with the Work. 11.4.5.9, Cost of premiums for additional Bonds and insuran.:e required because of changes in the Work and premiums for property insurance coverage within the limits (If the deductible amounts c::stablished by OWNER in accordance with paragraph 5.9. 11.5, The term Cost of the 'Nark shall not include any of the following: I 1.5.1. PJ~TolI costs and other compensation of CON- TRACTOR's (Iftlcers~ executives. principals (of partner- ship and sole proprietorships). general managers. engi- neers. architects. estimators. attorneys. auditors. accoun- tants. purcha5ing and contracting agents. c::xpeditors. timekeepers. clerks and other personnel c::mployed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11,4.1 or specifically covered by paragraph 11.4.4-- all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses l,f CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 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, 11.5.4. C05t of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (e,\cept for the cost of premiums covered by sub- paragraph 11,4,5.9 above). 11.5.5, Costs due to the negligence of CONTRAC- TOR. any Subcontractor. or anyone directly or indirectly employed bv any of i:lcm or for whose acts any of them may b~ liable, i r;..:I',iJin~ but not limiteJ to. the correction of "I!./('( ri. '.' 'urk. Jisposal l,r matcrials or equipment wrongly Sli, ~d ,'.. ~ .....aking guuu any damage to prop- erty. 11.5.6, Other O\'erhead or general expense cosls ,(H' any kind and the CllstS of any item not specifically and expressly includeu in paragraph 11.4, CONTRACTOR's Fee: 11.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR for o,verhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. the CONTRACTOR's Fee shall be fifteen percent: 11.6.2.2. forccsts incurred under paragraph 11.4.3. the CONTRACTOR's Fee shall be f.ve percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee. the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs II AA. II A.5 and 11.5: 11.6.2.4. the amount of credit to be allowed by CONTIV.CTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease: and 11.6.2.5. when both additions and credits are involved in anyone change. the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4. inclusive. 11.7, Whenever the cost of any Work is to be determined pursuant to paragraph 11 A or 11.5. CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv. ered at the site. and all applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and handling on the sile. labor. installation costs. overhead. profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the :!3 I I allowances. No d.emand for additional payment on account of any thereof w:ill be valid. I Prior to final payme:nt, 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- ingly adjusted. I I Unit Price Work: 11.9.1. Wher,: the Contract Documents provide that all or pan of the Work is to be Unit Price Work. initially the Contract Pric:e will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for eac:h separately identified item of U nit Price Work times the l:stimated quantity of each item as indi- cated in the Agrel:ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifiE:ations-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 considere:d by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sep- arately identified item. I 11.9.3. Where: the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significanIly from the estimated quantity of such item indicated in the AgreemenI and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Article I I if the panies are unable to agree ~, to the amount of any such increase. I I I I ARTICLE 12-CHANGE OF CONTRACT TIME I 12.1. The Contrac:t Time may only be changed by a Change Order or a Written A.mendment. Any claim for an extension or shonening of the Contract Time shall be base'd on written nOIice delivered by the pany making the claim to Ihe other party and to ENGINEER promptly (but in no event later than thiny days) after the occurrence of the event giving rise to the claim and staling the general nature of the claim. Notice of the extent of the c1.aim with supponing daIa shall be deliv- ered within sixty da)'s after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more accurate data in suppon of the claim) and shall t-.. accom- panied by the claim,mt's written statement that the adjust- ment claimed is the e:ntire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time I I I I shall be determined by ENGINEER in accordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agn:e. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include. but not be limited to. acts or neglect by OWNER or others performing additional work as contemplated by Anicle 7, or to fires. floods, labor disputes, epidemics. abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract DocumenIs are of the essence of the Agreement. The provisions of this Anicle 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers. architects, attorneys and other professionals and COW1 and arbitration costs) for delay by either party. ARTICLE 13-W ARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WIZ17'lUIty and GlUl1Tl1Ilee: 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 CONTR.o\C- TOR. All defective Work. whether or not in place. may be rejected. corrected or accepted as provided in this Anicle 13. Access to Work: 13.2. ENGINEER and ENGINEER's representatives. either 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. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections. Iests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or pan thereoO to specifically be inspected. tested or approved, CONTRACTOR shall assume fulJ responsibility therefor. pay all costs in connecIion therewith and furnish ENGINEER the required cenificales of inspection. testing or approval. CONTRACTOR shall also 24 I I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN. ER's or ENGINEER's acceptance ofa Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections. tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specifiedl. I I I J 3.5. All inspf~ctions. tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGI~EER 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 written concurrence of ENGINEER. it mus!. if requested by ENGI. N EER, be uncovt:red 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 E:-.lGINEER has not acted with reasonable promptness in response to such notice. -- I I 13.7. Neither observations by ENGINEER nor inspec- tions. tests or ap~'rovals 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, Ifany Work is covered contrary to the written request of ENGINEER. it must. if requested by ENGI:-.iEER. be unco\ered for ENGI:-.lEER's observation and replac'ed at CONTRACTOR'~j expense. I I 13.9, If ENGINEER considers it necessarv or advisable that covered Worl: be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER's request. shall uncover. expose or otherwise make available for observation. inspection ~r testing as ENGI:'\EER ma\' require. that portion of the Work in question. furnishing ail necessary labor. material and equipment. If it is found that such \Vork is dt!.feuin'. CONTRACTOR shall bear all direc!. indirect and consl~quential costs of such uncovering. expo- sure. observation, inspection and testing and of ~atisfactory reconstruction. (including but not limited to fees and charges of engineers. 3rchitects. attorneys and other professionals I. and OWN ER shall be entitled to an appropriate decrease in the C ontract Pric\~. and. if the panies are unable tl) agree as to the amuunt t hereuf. may make a d,Jim therefor as pr~vided in Article II, If. ho\\ e\er. slIch \\/clrk is not fl'und to be dt!.fc'('(in', CO:\T{.-\CTOR shall be allowed an increase in the C llOtract Pric\, .',' ..,1 c\iension of the Contract Time. l'r both. directly <luril1l1table LO such uncovering. exposure. obsef\'ation. insp,:ction. testing and reconstructic'n: and. if the parties are unable tu agret: as tu the amuunt llr extent I I I I I I thereof. CONTRACTOR may make a claim therefor as pro. vided in Articles II and 12. Owner May Stop the Work: 13.10. If the' Work is defec/il'e. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment. or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract' , Documents. OWNER may order CONTRACTOR 10 SlOp the Work, or any ponion thereof. until the cause for such order has been eliminated: however. this right of OWNER to stop the Work shall not give rise to any duty on the pan of OWNER to exercise this right for the benefit of CONTRACTOR or any other pany. Correction or Removal of Defective Work: 13.11. Ifrequired by ENGINEER. CONTRACTOR shall promptly. as directed. either correct all defeClil'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 Ilolldefectil'e Work. CONTRACTOR shall bear all direct. indirect 3nd 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./2. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defee/ire. CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions. either correct such defee/h'e Work. or. if it has been rejected by OWNER. remove it from the site and replace it with Ilolldefec/il'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 defecril'e Work cor- rected or the rejected Work removed and replaced. and all direct. indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers. architects. attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a panicular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of Defective Work: 13,13. If. instead of requiring correction or removal and replacement c{ Lhfl!Clin' Work. OWNER land. prior 10 ENGINEER's recommendation of final payment. also ENGINEER) prefers 10 accept it. OWNER may do so. CON- TRACTOR shall bear all direct. indirect and consequential 25 I I costs attributable to OWNER's evaluation of and determi- nation to accept such defective Work (such costs to be approved by ENGINEER as 'to reasonableness and to include but not be limited to fees and charges, of engineers. architects. attor- neys and other profc:ssionalsl. If any such acceptance occurs prior to ENGINEEj~' s recommendation of final payment. Ai Change Order will bl: issued incorporating the necessary revi- sions in the Contrac:t Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thercof. OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation. an appropriate amount will be paid by CONTRACTOR to OWNER. I I I I I OWNER May Correc.t Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice ClfENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required b~y ENGINEER in accordance with para- graph 13.11. or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents. or if CON- TRACTOR fails to comply with any other provision of the Contract Documents. OWNER may, after seven days' writ- ten notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER :;hall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CON- TRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances. construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR sh,dl allow OWNER. OWNER's represen- tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct. indirect and con- sequential costs of OWNER in exercising such rights and remedies will be char.~ed ~nst CONTRACTOR in an amount approved as to reasOlrlableness by ENGINEER. and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be elltitJed to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such direct. indirect and consequen- tial costs will includ,: but not be limited to fees and charges of engineers. archiwcts. 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 Cor.ltract Time because of any delay in per- formance of the Work attributable to the exercise by OWNER of OWNER's rightsillld remedies hereunder. -I I I I I I I I I I I I ARTICLE I4-PA YMENTS TO CONTRACTOR AND COMPLETION Scheduh of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporaIed into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Paymem: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work bUI delivered and suitably stored at thc 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 OWNER has received' the materials and equipment free and clear of all liens. charges. security interests and encumbrances (which arc hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein. all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's WQ1Tl2nry of Tille: 14.3. CONTRACTOR warrants and guarantees that title to all Work. materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not. will pass to OWNER no later than the time of payment free and clear of all Liens. Review of ApplicJzlions for Progress Paymem: 14.4. ENGINEER will. within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation. the amount rec- ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due w~1I be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requesIed in an Application for Payment will constitute a 26 I I representation by ENGINEER 10 OWNER. based on ENGI- N EER's on-site observations of the Work in progress as an experienced anc, qualified design professional and on ENGI- NEER's review of the Application for Payment and the accompanying data and schedules that the Work has pro- gressed to the point indicated: thaI. to the best of ENGI- NEER's knowledge. information and belief. the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion. to the results of any ,subsequent test~, called for in the Contract Documents. to a final determination of quantities and classifications for Unit ,Price Work und,er paragraph 9. 10. and to any other qualifi- cations stated in the recommendation): and that CONTRAC- TOR is entitled to payment of the amount recommended. However: by recommending any such payment ENGINEER will not thereby be deemed to have represented ,that exhaus- tive or continue,us on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities ~;pecilically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paie additionally by OWNER or OWNER to withhold payment to CONTRACTOR. I I I I I -I I 14.6. ENGINE~R's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER thai: the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. I I 14,7, ENGINEER may refuse to recommend the whole or any part of allY payment if. in ENGlNEER's opinion. it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment. or. becau:5e of subsequently discovered evidence or the results of subsequent inspections or tests. nullify any such payment previously recommended. to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: I I 14.7.1. the: Work is defecril'e, or completed Work has been damage.d requiring correction or replace men!. I 14,7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order. I 14.7.3. OWNER has been required to correct de/i'c. rh'e Work or complete Work in accordance with paragraph 13.14. or I 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.::.1 through 15.::.9 inclusive. I OWNER may rduse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account ofCONTRACTOR's per- formance or furnishing of the Work or Liens have neen filed in connection with the Work or there are olher items entitling I I OWNER to a set-off against the amount recommended. but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of completion. If ENGINEER does not con- sider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make writlen objection to ENGINEER as to any provisions of the cenificate or attached list. If. after considering such objec- tions. ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within founeen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. after consideration of OWNER's objections. ENGINEER considers the Work substantially complete. ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. At the time of delivery of the tentative certific'ate of Substantial Completion ENG 1- NEER will deliver to OWNER and CONTRACTOR a written recommendation, as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety. maintenance. heat. utilities. insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive cenificate of Substantial Completion. ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partwl Utili:.ation: 14.10. Use by OWNER of any finished part of the Work. which has specifically been identified in the Contract Do~u- 27 I I ments, or which OWNER, ENGINEER and CONTRAC- TOR agree constirutes a separately functioning and useable 'pan of the Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Complc:tion 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 Worl, which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agre1es. CONTRACTOR will certify to OWNER and ENGINEER that said pan of the Work is substantially complete and request ENGINEER to issue a cenificate of Substantial Completion for that pan of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writinl~ that 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 pan of the Work. Within a reasonable time after either such request. OWNER, CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine its s.atus of completion. If E.NGINEER does not consider that pan 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 substantially complete. the provisions of para- graphs 14.8 and 14.9 will apply with respect to cenification of Substantial Completion of that pan of the Work and the division of responsibility 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 writing to permit OWNER to take over operation of any such 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 com,pletion 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 pan 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 OWNE.R and CONTRACTOR with respect to security. operation. safety, maimenance. utilities. insur- ance. warranries and guarantees for that pan of the Work which will beccme binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unles~; they shall have otherwise agreed in writ- ing and so infomled ENGINEER). During such operaIion and prior to Substa~.!~al Completion of such pan of the Work. OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. I 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. FinDllnspection: 14. I I. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER wiu make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all paniculars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. FilUll App~ation for paymem: 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. cenificates 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 legal.ly 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 equipmem bills. and other indebtedness connected with the Work for which OWNERorOWNER's propeny might in any way be respon- sible. have been paid or otherwise satisfied: and consent of the surety. if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full. CON. TRACTOR may furnish a Bond or other collateral satjsfac- tory to OWNER to indemnify OWNER against any Lien. FilUll Payment and Acceptance: 14.13. If. on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGINEER's review of the final Application for Payment and accompanying documentation-all as required by the Contract Documents. ENGINEER is saIisfied that the Work has been completed and CONTRACTOR's oIher obligations under the Contract Documents have been fulfilled. ENGI- NEER will. within ten days after receipt of the final Appli- cation for Payment. indicate in writing ENGINEER's rec- ommendation of payment' and present the Application to 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 I I I I I -I I I I I I I I I I I I Otherwise. ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the ne(:essary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation. in appropri- ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGIN EER will become due and will be paid by OWNER to CONTRACTOR. 14.14, If. through no fault of CONTRACTOR. final com- , pletion of the Work is significantly delayed and if ENGI- NEER so confirms. OWNER shall. upon receipt of CON- TRACTOR's final Application for Payment and recommen- daIion of ENGIN EER. and without terminating the Agree- ment. make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance [Q be held. by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment. and if Bonds have been furnished as required in para- graph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment. except that it shall not constitute a w:liver of claims. Contractor's Contij1uing 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 Substa.ntial Completion. nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor any use or oce upancy of the Work or any part thereof by OWNER. nor an:" act of acceptance by OWNER nor any failure to do so. nor any review and approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13. nor any correction of defectil'e Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.161. Wai~'er of Claims: 14.16. The making and acceptance of final payment will constitute: 14,16, I. a waiver of all claims by OWN ER against CO~TRACTOR, except claims arising from unsettled Liens. from dl:.Ii'C'Til'l' Work appearing after tinal irspec- (illn pursuant (c. paragraph 14, liar from failure [,OJ comply wilh (he Contmct Documents or the terms of any special guarantees spcl:itied therein: howeva. it will nl)( consti- tute a waiver hy OWNER of any rights in respect llf CONTRACTOR's continuing obligations under the Con- tract Documents; and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writ- ing and still unsettled. ARTICLE IS-SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may. at any time and without cause. sus- pend the Work or any portion thereoffor a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. Owner May Terminate: 15.2. Upon the occurrence of anyone or more of the following events: 15.2.1. if CONTRACTOR commences a volunIary case under any chapter of the Bankruptcy Code (Title II. United States Code). as now or hereafter in effect. or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing. or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency.: 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors: 15.2.4. if a trustee. receiver. custodian or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's I:r.:ditors: 15.2.5. if CONTRACTOR admits in writing an inabil- ity to pay its debts generally as they become due: 15.2.6. if CONTRACTOR p.:rsistently fails to perform the Work in accordanc.: with the Contract Documents 29 I I (including. but not limiIed to. failure to supply sufficienI skilled workers or suitable materials or equipment or failure to adhere !CO the progress schedule established under paragraph 2.9 as revised from time to time); I I 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body ha ving jurisdiction: J 5.2.8. if CONTRACTOR disregards the authority of ENGINEER: or I 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu. ments; I OWNER may. after giving CONTRACTOR (and the surety, if there be one) sev,:n days' written notice and to the extenI permitted by Laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the siIe and take possession of the Work and of all CONTRACTOR's tools. appliances. cl)nstruction equipment and machinery at the site and use the :iame to the full extent they could be used by CONTRACTOIflW!thout liability to CONTRACTOR for trespass or conversion). incorporate in the Work all materials and equipment stor,:d at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled tcreeei...e :my further payment uliilil the Work is finished. If the unpaid balance of the Contract Price exceeds the direct. indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers. architects. attor- neys and other profc:ssionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change: Order. but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. I i I I I I I I 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 againsI CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRAC. TOR and ENGINEER. OWNER may. without cause and without prejudice to any other righI or remedy, elect to aban- don the Work and terminate the Agreement. In such case. CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. which will include. but not be limited to. direct. indirect and con- sequential costs (including. but not limited to. fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs). Contractor May Stop Work or Terminau: 15.5. If. through no act or fault of CONTRACTOR. the Work 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 thiny days to pay CONTRACTOR any sum finally deter- mined to be due. then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER. terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement. if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and wiIhout delay during disputes and disagreements with OWNER. ,[The remainder of this page was left blank intentionally.r I I I 30 I I I I I I I --I I I I I I I I I I I I ARTICLE l6--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 i~he breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. (The remainder of this page was left blank intentionally.) 31 I I I I I I I (This page was left blank intentionally.) . . I I I I I I I I I I I / 32 I I ARTICLE 17-MISCELLANEOUS I Giving Notice: 17.1. Whene:ver any provIsIon of the Contract Docu- ments requires the giving of written notice. it will be deemed to have been validly given if delivered in person to the indi- vidual or to a member of the firm or to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or certified mail. postage prepaid. to the last business addres~i known to the giver of the notice. I I Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days. iI will be computed to exclude the first and include the last day of such period. If the last day of any su:ch period falls on a Saturday or Sunday or on a day mad,~ a legal holiday by the law of the applicable jurisdiction. ~,uch day will be omitted from the computa- tion. I I 17.2.2. A calendar day of twenty-four hours measured from midnighl: to the next midnight shall constitute a day. -I General: I 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omis- I I I I I I I I I I sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable. claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the pro- visions of any applicable statute of limiIations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto. and. in particular but without limitation. the warranties. guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30.13.1. 13.12. 13.14. 14.3 and 15.2 and all of the rights and remedies available to OWNER and 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 particular duty. obliga- tion. right and remedy to which they apply. All representa- tions. warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. 33 I I I I I I I -I I I I I I I I I I I I SUPPLEMENT ARY CONDITIONS 1.1 qWNER'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 coverage will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY: As indicated under Section 5.3 of the General Conditions, the Contractor's LiabiliW Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount'not less than $500,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit ofliability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damagl;: Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.3 SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Augusta-Richmond County Road System and Railroad Estimate. (b) Work within easements granted by property Owners in connection with the construction of the project. (c ) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site SC-1 I I I I I I I -I I I I I I I I I I I I 1.4 TESTING LABORATORY: All testing and laboratory work in connection therewith shall be performed by an independent firm and paid for by the Contractor. Copies of all test reports shall be forwarded to Augusta-Richmond County Public Works. There will be no separate payment for this work. 1.5 SURVEYS: The Contractor will provide surveying for construction staking, horizontal control and vertical control as necessary. 1.6 PROGRESS PAYMENT: Section 14.2 of the General Conditions shall be amended as follows: The Contractor may submit monthly estimates for work completed and materials properly stored as approved by the Engineer. When an estimate includes materials stored, a bill of sale, invoice or other documentation warranting that the Owner is receiving the material free and clear of all liens, charges, security interest and other encumbrances shall be attached to the payment request. 1.7 ENGINEER: All references to "Engineer" shall be interpreted to mean the Augusta-Richmond County Director of Public Works, or his official designee. 1.8 UNDERGROUND UTILITIES: (References 4.3, 1.4,3.2) The Contractor shall coordinate with all utility companies through the "One Call" method or other appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the Contractor's work. 1.9 SAFETY: (Reference 6.20) The Contractor shall use certified flagmen, barricades and signs as necessary to notify the public, in particular, those persons driving in the vicinity of the project, of the construction and its affect on traffic. SC-2 I I I I I I I I I I I I I I I I I I I SECTION P PROPOSAL Date: ;t~v. Z, 1::)'35 / Gentleme:l: In ':ompliance with your invitation for bids dated A.;'aJ. Z , 192,6 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: SECONTI STREET Olii F.-\LL Project Nu..rnber: 327-0.l-2968 12004 in strict accordance with the Contract Doc:.rments and in consideration of the amountS shown on the Bid Schedule attached hereto and totaling: tPA/~ MI'~e-e:A/,c:bv10 Ift/^,~ ::;J/, $IX ~ tku.p ~ '(./ ..,. Pi tfrZ1 / IE:) G; H f I rf:6 ~ Q? Yll/11 L:;, <:::'-I:J 1/ -;/~- - ~~ )~~ DOLLARS (S~. 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 \%lith the O\v0ir:.R, and that he will provide the bond or guarantees required by the Contract Doc\.l.rT;.ents.. The undersirned herebv acrees that. if awarded the com,act, he wiiI commence - ~ - , the work within 1.Q calendar days after the date of written Notice To Proceed, and that he will comolere the work within 300 calendar davs. .. --- - The undersigned acknowledges receipt of the following addenda: Respectfully submitted ,I /' M&\.lou~ biOS, Gl\Js-r. L.aJ'/ /;VC, . (Name of Firm) I ' --/-. iii 3Ze' 110//':1 fJcYJt' k?J. h5VSLo-/:::JN30'O) , (B~;~ess) ~_~/ BY".Zc.~~_~~~ Title: ,~ &'r-+- pol I I I ITEM NO. II 150-1000 170-1000 171-0010 171-0030 202-1000 207-0203 228-1000 230-1000 310-1101 318-3000 ~02-1801 ~02-1811 ':'02-31':'0 402-3~':'1 oi1 3-1 000 432-5010 t..t..1.6222 500-9999 525-1000 550-1180 550-1240 550-1480 550-1481 550-1482 il 600-0001 I I I I I SECOND STREET OUTFALL PROJECT NUMBER 327-04-296812004 DETAILED ESTIMATE DESCRIPTION liRAF:=IC: CONTROL I FLOA TI1'-IG SILT RElENTION BARRIER iTEN'POF:ARY SILT F:NCE. TYPE A ITEMPOF:ARY SILT F:NCE, TYPE C ICLEARING AND GRUBBING 10.62 ACRES) !FOUND :3KF!LL.. MATL, TYPE II IGRADING-MODIFIED, !NCL. HAUL ILUMP SU,"l CONST,::WCTION IGR AGGH BASE CRS. INC, MATL IAGGR SURF c.=~S IREG.YCL:::J ,;SPH CONC PAl Ci-iING.INCL . BITUM ,\.1.0, TL I~~YCL::~,ASPH CONC L:VE:..JNG. INCL ::lll UM M.o,ll. . /RECYCL.:::J AS?H CONC ,9.5 MM SUPERPAVE. GP 2 ONL.Y. INCL BITUM MATL IRECYCL:::J ASPH CONC 12.5 MM SUPERPAVE, " .GP 1 OR :2. INCL. BITUM MATL.. le'-UM 7^C'K COA- I .......11 ,,..., I I IM~~L..,..:SPHAL T CONC ?AVMT. VARIABL: I ,0_, I" IcoNC CURS & GUTIER. 3 IN X 30 IN. T? 2 I Icu-ss 3 CONC, BASE OR ?'IMT WIDENING I ICO;=:=ERCiAM I ISTORM DRAIN PIPE. 18 IN, H 1-10 I ISTORM DRAIN PIPE. 24 IN. H 1-10 I ISTORM D:~AIN PIPE. 48 IN. H 1-10 I ' ISTO,RM DI~AIN PIPE. 48 IN, H 10-i5 ' ISTORN' Oi~AIN PIPE, ~8 IN. H 15-20 IFLOWAa~E FILL P-2 I ...'.,." , - " '" '. .' ... . . : . ,:., .-'u::''-N'''I''T''. ..',: :..".. . . ' . . . . , . ..' . ..' . I I I I I ! I I I I I I I LUMP LF LF LF AC CU YO MI LUMP TON TON TON' TON TON TON GL sa YO u: CU YO EA. C H LF LF' u: LF LF CU YO QTY 1 1000 800 1900 0.62 525 0.21 1 525 500 100 500 650 160 900 11500 100 60 2 400 400 1250 600 1150 80 ,I I .....:;~~ ..... :.~.-.. . ITEM NO. 603-2997 603-2024 611-9996 615-1000 668-000i 668-0002 568-0003 568-000.1 668-1100 568-2100 568-4-300 568.-UOO 568-.1.112 568-4.113 670-4000 670-5620 570.9710 570-9720 700-0200 !I 700-9100 I I I I I I I I I ,.,,"~': :. ..DESCRIPTION' , .' ';,...., ,:':~c~~i'~~:,~::y/g~,>~:.~., IFfL TER BLANKET. 6 IN. I sa YO I 100 ISTN DUMPED RIP RAP. TP 1.24 IN I sa YO I 100 IRECONNECT SANITARY SERVICES E.A.CH 33 IJACK OR BORE PIPE (48" STEEL PIPE, 0.688" I I THK.) LF 490 /SPECiAL DESIGN STRUCTURE #1 (INCl. I , SLUICE GATE) , EACH /SPECIAl. DESIGN STRUCTURE #2 (INCL. I I SLUICE .GATE) , EACH ISPECIAL DESIGN HEADWALL I CU YO I !:='-AP G~TE I EACH I ICATCH E!ASIN, GP 1 I EACH I IDROP INLET, GP 1 , E.A.CH I ISTORM SEVV'ER MANHOLE. T? 1 I E.A.CH I i STORM ~)EWER MANHOLE. TP 2 I EACH I ISTORM SEWE.~ MANHOLE. TP 2. AODL DEPTH., I I CL 2. - '.. LF IS i OR,vl SEWE.~ l\lANHOLE. TP 2. ADDL DE.::lTH,/ I !CL 3 LF IFIRE HYDRANT EACH '/ IWATE.~ SE.~VICE LINE. ALL SIZES EACH I iRE:...OCAi"E EXIST FIRE HYDRANT E.A.CH I iRE!..OCATE EXIST WATER VALVE.INCL SOX :;1.,CH IGRASSiNG COMP!..ETE (0.4.1 ACRSS) LUMP i BLOCK SOD SQ YO 6 10 66 34 1 15 1 1 1 550 TOTAL 11 ....-. '. '. '~~~~;~"~; ~;;~'::~.;~';.: :~'. : UNIT PRICE: .. AMOUNT I IC,ai tbCO. 00 I 6a OCI I Utt', rfti I 3nool ~/OO I C,Zl W ~O;$f,all I 6!~O;CbI ?~ ZC")6,DOI I 6ZI3S;ODI5~38:$. : I / f/D,DD j/~5"lc;IOIJI , 7Z7r.Z.OO Iii 524-.ai , J5C().OD I 4-5l;D,{A I I / 6C1), ~ 0 ! 3cco.oDI I ~.s7.Z1) ! ';'2,fS, Zi)/ I /(;.0 4- . 4-0 i /~C44, JOI I /P~; z51 //e%.~d .' I ZtJ5.26'! &:'7t.szi z<<o, co I Zcco.!J{) I ~JICD ! 5Z',L;:UcOl / uO'l./l /J ! /(lm ./~ I ZClY,I)() : ZcaJ. CJ{) ! j 5tJIJ/ C' 0 : /~Co (/ () II c,r'?W : + Z Zt? tJO I' ~ #.er- 2 3 2 I; 3 <) ~ fCJ 8; 4-0 5aG S J.t( P-4- c; I 3 ~f:) . 00 il 4CJCo) 8 5'~ .4D P-3 l.Jun-.9~~q-9~7~~A. t "'~'I .._~ '--J""''-'..... ,",,'-"'~l j,,"t'-" I~ '.t:...I:. I~~I P.02 P. I I I I I I I I I I I I I I I I I I I ... ."... '-": ..- ~us BROTHERS CONSTRUCTION GO.. 1"TG. 920 );!oUY POND Ro...o AUGt:STA. GEORGIA. 3090 I 706-722-894 I F.A.X 706-722-752 I ~~Se ~ ~ --."'~. '. Q . ~ -.,; 'I.iI :J":. =..,- .. . . . . "0- ........".. _.. .1" "l>~S\IJ~ ~Q.'.-~ ~ .. -:-4. - - - .0 ,." . .. . - ~- .. "0 . .._ MDIJ/ PAX 't'O: I:IREW GO INS PRE>>!: ~ GOOLSBY' DATa: MA~ 23, 2000 RJnI'": SECOND STR3A-:-otn"!"AtJ:, P~ YI~(JR RSQUES7 rs A UN'I'r ilR!~ FeR G" DIP WA'!'ZR LINE ON RZ.~~~ PROJEC'? I:l=- rE>e-~~ ~ICNS P~ii--~. , !i" DI!? WA'!'a !..I.NC-'~ $~~~ 5tr !..:N .0' PI'. ~ {/ w C\..~'" l i 1"l e.- ~CC)L~F €2 / 5.~ d q t.~. - -u<.r' ~j~6 I VY/cUJu5 11 '1' 3f.,O. 00 f/~ I f- 4t I I. I I I I I --I I I I I I I I I I I I .,/ / N.S.A R-2 (1.S--3.5j Ceara. AOOnloate Geolextne Under1Jner ! 1 .. CRUSHED STONE CONSTRUCTION EXIT TO BE USED }.S DfRtCTtD BY THE EHCtHEER WHERE COHS'mUCnOH llW'FlC IS Et{JERIHC A PUBUC PA'JED ROAD. P~'f1.CEHT TO BE INCLUDED IN PRICE BID rOR LUMP SUU CONsmUcnoH OR OTHER COtmV.CT BID rrENS. CE-1 I I I I I I I i I I I I I I I I I I I GENERAL NOTES SECOND STREET OUTF ALLS ADJUSTING MINOR STRUCTURES TO GRADE: This item consists of raising or lowering the upper portion of existing manholes, water valve boxes, gas valve boxes or any other miscellaneous structures within the area of construction. There will be no separate payment for this work unless shown as a separate pay item. AGGREGATE SURFACE COURSE: The item aggregate surface course is for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, Section 318, Georgia Standard Specifications, is modifi{:d 'fo 'permit truck dumping on unprepared and muddy sub grade. Section 318 is further modified to permit the use of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the following materials. Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type 1 or 2 Crushed Stone Subsection 815.01 Subsection 800.01 Section 803 Subsection 806.02 All materials to be used as directed by the Engineer. AS-BU1LT PLANS: The Contractor shall furnish a legible set of "as-built" plans, in good condition, to the Pr~ject 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 f,)f accuracy, legibility and completeness. As-built plans, approved by the Project Inspector, must have the Inspector's signature on the cover sheet. No "as-built" plans will be accepted without the approval of the Project Inspector. CASINGS: All steel casings being installed across any roadway and/or right-of-way shall have the joints continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when welds are ready for inspection. Welded casings backfilled without the Engineer's approval shall be uncovered for inspection at the Engineer's request. G-1 I I I I I I I COMPACTION: All compaction shall be as defined in the current edition of Georgia Department of Tran~;portation Specifications. Special attention shall be given to the backfill of minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using approved tamps and soil layers of approximately 6 inches (loose measure) and in accordance with Georgia Department of Transportation Standards 1030- D and 1401. Backfilling operations of this nature shall not begin until the Contractor has on hand all equipment in good working Cfondition, and competent operators. The backfilling of pipe and other minor structures shall be in accordance with Georgia Department of Transportation Standard Specifications, Current Edition. Backfilling with sand using jetting and/or flooding will not be allowed in any case without the written permission of the Engineer. CONCRETE: .- I I I I I I I I I I I I 'The Contractor shall have a slump cone on the project at all times when concrete is being placed. He shall, in the Engineer's presence, perform slump tests as directed by the Engineer. Tests shall be performed by qualified personnef with a properly cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class "A" Concrete shall have a minimum of 611 lbs. Cement per cubic yard. Class "B" Concrete shall have a minimum of 470 lbs. Cement per cubic yard. Concrete not meeting these requirements will be rejected by the Engineer. CONSTRUCTION: Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header curb, etc.) shall be paid for in the unit price bid for curb and gutter unless otherwi:;e noted. At locations where new pavement is to be placed adjacent to existing pavement, without an overlay, or where curbing is to be placed across paved parking lots, a joint shall be sawed on a line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will be paid for under the pay item-Sawed Joints . . . per Linear Foot. Where curb and gutter is used and the shoulder elevations are higher than adjacent ground, the actual direction of drainage runoff shall be determined by the Contractor. He shall make such provisions as necessary to ensure that no ponding is caused by the new construction. He may place additional fill to provide drain inlets. Compensation will be under the price bid for the appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope down outside the back of the curb line not to exceed an algebraic difference of 0.07. This should be used primarily on the high side of super- elevated curves. The Contractor should use caution with standard variance and p'ace special emphasis on hydraulic considerations. . G-2 I I I I I I I Where curb and gutter is to be built on the high side of super-elevated curves, the gutter slop shall match the roadway slope or super-elevation 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. All storm drain pipe, side drain pipe, pipe culvert wingwalls, steps, retammg walls, curbs and gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as a removal pay item will be removed as Clearing and Grubbing, Grading Complete, Grading Per Mile or Lump Sum Construction. Cut and fill slopes outside of clear zones may be adjusted on construction where necessary to remain within the right of way. -. . Curb cut ramps in accordance with Standard 9031- W are to be used at all street intersections on this project. I I I I I I I I I I I Asphalt milling is specified for use on existing pavement that is to be resurfaced adjacent to curb and gutter. Finished surface on asphalt pavement shall not exceed ~" above the gutter line as shown on Georgia Standard 9031-J. CONSTRUCTION LAYOUT: Construction layout work shall be performed by the Contractor. See Section 149 of the Standard Specifications. The survey for this project was made by Zel Engineers (706-724-5627). CONSTRUCTION SCHEDULE: The Contractor shall prepare a schedule identifying the primary construction activities and/or phases for constructing this project. This schedule shall be presented at the Pre-Construction Conference. DESIGN ALTERATIONS: The Commission-Council recognizes that various changes in design may be made as the project progresses. Any requests for additional payment will be processed based on actual work in place and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced separately and no work shall be done on these items until approved, in writing, by the Engineer. G-3 I I I I I I I -I I I I I I I I I I I I 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 constm:tion and to permit ingress and egress at drives. When used for this purpose, Section 318, Georgia Standard Specifications is modified to permit truck dumping on unprepared and muddy sub grade. Section 318 is further modified to permit the use of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the fI)llowing materials: Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type 1 or 2 Crushed Stone Subjsection 815.01 Subsection 800.01 Section 80~ Subsection 806.02 All materials to be used as directed by the Engineer. "-All driveways that are to be reconstructed shall be replaced in kind i.e., asphalt for asphalt, concrete for concrete, and aggregate surface courses for earth. The driveway locations indicated on the plans are from the best available data. The Contractor shall obtain the approval of the Engineer prior to making any revisions such as to location, width, and/or number of drives to be constructed where required. Ingress and egress shall be maintained at all time to adjacent properties, unless otherwi;se noted in the plans. All valley gutter drives shall conform to Standard 6050 or 9031-J. ENGINEER: - - In all contract documents, specifications, supporting documents, etc., the term "ENGINEER" means, and shall be deemed to mean, the Augusta-Richmond County Public Works Director or his designated representative. EROSION AND SEDIMENT CONTROL: The Contractor shall be responsible for all soil erosion and sediment control practict:::s. All on-site erosion control shall comply with local Augusta Richmond County erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. G-4 I I I I I I I EXCESS MATERIAL: All excess material is to be disposed of as directed by the Engineer or as noted in Subsection 107.23 of the Specifications and in accordance with pages PPA-l and PPA-2. FINISHING AND DRESSING: All unpaved and natural areas which are disturbed by the construction of this project ,are to be returned to the pre-existing shape and slope and then finished and dressed" No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. FLAGGING: :Flaggers shall be provided as required to handle traffic, as specified in the Plans or Spec:lal Provisions, and as required by the Engineer. -- I I I I I I I I I I .1 I AU Baggers shall meet the requirement of part 6F of the MUTCD and must have received training and a certificate upon completion of the training from a Department of Transportation approved training program. Failure to provide certified Flaggers as . required above shall be reason for the Engineer suspending work involving the Flagger(s) until the Contractor provides the certified Flagger(s). Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket, and shall use a Stop/slow paddle meeting the requirements of Section 6F- 2 of the MUTCD for controlling traffic. The Stop/slow paddle shall have a shaft length of seven (7) feet minimum. In addition to the stop/slow paddle, a flagger may use a 24 inch square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. Signs for Flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTCD. In addition to the signs required by the MUTeD, signs at regular intervals, warning of the presence of the flagger shall be placed beyond the point where traffic can reasonably be expected to stop under the most severe conditions for that day's work. FOUNDATION BACKFILL MATERIAL, TYPE I: Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications. No separate payment will be made for this material or its placement. G-5 I I I I I I I -I I I I I I I I I I I I FOUNDATION BACKFILL MATERIAL, TYPE II: Foundation Backfill Material, Type II shall coliform to Georgia Standard 1030-D and Section 207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the Engineer. It shall also be used beneath all concrete box culvert~j. Qualitities shall be measured for payment in accordance with Georgia Standard 1030-D or as directed by the Engineer. Payment shall be per cubic yard unless otherwise specified in the contract. GRADES: With the approval of the Engineer, grades may be field adjusted to provide for best drainage. GRADING: In Contracts where grading, including excavation for drainage structures, is accomtilished under Section 210 (Grading Complete or Grading Per Mile) or Section 230 (Lump Sum Construction), the Lump Sum amount bid will include all work necessary to obtain the line, grade and compaction in accordance with the Specifications and other contract documents. There will be no separate payment for any work of this nature including borrow and the removal of unsuitable and/or unstable material. However, the Contractor shall make whatever investigations he deems necessary to determine the extent of any borrow or removal necessary to meet contract requirements. If it develops that removal of unsuitable/unstable materials quantities could not have been predicted by the contractor from a reasonably thorough investigation of project conditions, the Contractor may request negotiation for payment for excavation of this nature in areas where the depth exceeds three (3) feet below sub grade. The Owner will consider negotiation only when this type of removal is excessive and the Contractor provides evidence that he thoroughly investigated project conditions prior to entering his bid. Only those quantit6ies in excess of three (3) below finished subgrade and/or normal excava1:ion for drainage structures, ordered by the Engineer, will be considered for payment. GRASSING AND EROSION CONTROL: The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to determine the actual area to be grassed. No claims will be considered for extra compensation if the contractor relies on plan information to prepare his bid. All slope areas are to be grassed unless shown otherwise on plans. Temporary grass i~: required if permanent grass season is out but permanent grassing will be required before final payment. G-6 I I I I I I I The Contractor shall be responsible for all soil erosion and sediment control practice:s including Temporary Grassing, Temporary Mulch and other temporary measures. All on-site erosion control shall comply" with local erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separte pay item. All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre-existing shape and slope and then finished and dressed, No separate payment will be made for grassing, fertilizing and mulching of disturb~:d areas, unless specifically shown as a pay item. Discontinued roads or other areas inside or outside the project construction limits, but within the existing or required right-of-way, shall be obliterated and restored as nearly as possible to the original contour of the ground (see Section 205 of the Standard Specifications). No separate payment will be made for this work. I I I I I I I I I I I "Where item number 700-6001 is shown as a pay item, Georgia Department of Transpclrtatiol1 specifications are modified to provide that the lump sum price bid shall be full payment for all fertilizer, lime and nitrogen. No separate measurement for payment will be made for any work or materials required to accomplish a stand of permanent grass. -- 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. INSPECTIONS: This project will be inspected by the Engineer or his Representative. LEVELING: Leveling shall be placed at the locations and in amounts as approved by the Engineer or his Representative. Measurement and payment shall be made in accordance with the Standard Specifications on a unit price basis. The quantities included in the schedule of items are approximate and subject to change. All changes will be made at the unit prices, as bid. In areas where crown improvement, widening, curbing and/or gutter is required, any required asphaltic concrete leveling shall be placed prior to constructing widening, etc., unless otherwise authorized by the Engineer. Final grades cannot be determined until leveling is placed. Three (3) point levels shall be obtained as a minimum in all cases wlless otherwise directed by the Engineer. G-7 I I I I I I I i I I I I I I I I I I I MILLTI'-IG: Consists of milling existing asphaltic concrete pavement in curb and gutter section:; to restore drainage, riding characteristics and a reasonable pavement crown. This work shall be kept to a bare minimum by continuing consultation with the Engineer or his Representative. Area and depths to be milled shall be agreed on by the Contractor and the Engineer or his Representative. MISCELLANEOUS DRAINAGE STRUCTURES: All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or special design shall be paid for Per Each. There will be no separate payment for additional depth unless specifically shown as a pay item. NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with concrete topslabs shall include manhole rings and covers. , PATeHINGAND REPAIR OF MINOR DEFECTS: Where necessary, the contractor is required to patch and repair existing potholes, minor pavement defects and base failures in accordance with the Specifications. PA YMENT FOR PIPE CULVERT INSTALLATION: I. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. 2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete (See Georgia Standard 9031-L). 3. Payment for pipe culvert includes any required Concrete collars (See Georgia Standard 9031-U). PIPE CUL VERTS: Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinfor,:ed concrete with O-Ringed gasket joints. All required pipe culverts shall be in accordance with Standard 1030-D. Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications. No separate pay item will be made for this material or its placement. G-8 I I I I I I I i I I I I I I I I I I I The Contractor shall include in his price bid for pipe, the additional cost of bends, tees, fallteners, appropriate gaskets (see Section 848 of the Standard Specifications), and structure excavation. PRECAST CONCRETE UNITS: Precast Concrete Units, other than those specifically allowed by Georgia Department of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc., shall not be installed without written permission from the Engineer. Any such units installed without such written permission shall be removed from the project. REMOV AL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD: It shall be the contractor's respon"sibility to remove and reset any and all existing ornamental shrubs and bushes and sod in conflict with proposed construction. Coordination with the property owners is essential in this endeavor. The contractor will not be Held responsible for care and maintenance after removing and resetting these plants and sod except in cases where the Contractor's equipment causes irreparable damage: or where plants and/or sod dies as the result of negligence on the Contractor's part. In which cases, the Contractor will be held responsible for replacement. Sod shall be reset with ground preparation in accordance with Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall remove the sod in a manner thatwill be conducive to insuring that the reset sod will live. At the contractor's option, he may replace any sod he removes with new sod of the same type. No separate payment will be made for this work or replacements unless specifically shown as a pay item. REMOVING AND RESETTING OF OBSTRUCTIONS: It shall be the Contractor's responsibility to remove and reset any and all obstructions, such as fences, signs, concrete or brick planters, steps, walkways, brick or concret1e entrance columns, etc., which are in conflict with construction. eontractors are responsible for the security of pets and/or personal property through the use of temporary fence if necessary. No separate payment will be made for this work except when shown as a separate pay item. RIGHT-OF-WAY AND EASEMENTS: The Contractor shall not perform any work outside the limits ofthe right-of-way or easements. In addition, no Equipment or material shall be placed outside these areas without written permission of both the property owner and the Engineer. G-9 I I I I I I I i I I I I I I I I I I I Tn the event that the Contractor elects to utilize private property for any purpose connected with the project, such as but not limited to, staging areas, equipment and/or material storage or simply as a convenience, he shall submit a written agreement to the Engineer containing vital information such as limits of both area and time the property is to be utilized and a description of the intended use. The agreement must be signed by both the property owner and the Contractor and will be reviewed and recorded by the Engineer. Such agreements must be submitted prior to the contractor's use of the property. SALVAGEABLE MATERIALS: As directed by the Engineer or his Representative, all salvageable materials, such as drainage pipe, which require removing but are not to be used on this project, are to be stored within the right-of-way by the Contractor. These materials shall be picked up and transported by the Augusta-Richmond County forces. SAW CUTS: When matching eXlstmg conditions, saw cuts shall be used as required by Augusta-Richmond County. Only saw cuts in Portland Cement Concrete which are shown as contract pay items will be paid for separately. No saw cuts in asphaltic concrete will be paid for separately. SPEcn'ICATIONS: This project is based upon, and shall be constructed in accordance with, the State of Georgia Department of Transportation Standard specifications for Construction of Roads and Bridges, current edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the Engineer shall control the situation. SPECU::IeA TIONS, STANDARDS AND OTHER DATA: All references in this document, (includes all papers, wntmgs, documents, drawings, or photographs used or to be used in connection with this document), to State Highway of Georgia, State Highway Department, Highway Department, or Department when the context thereof means the Georgia Department of Transportation means, and shall be deemed to mean, Augusta-Richmond County, Augusta-Richmond County Commi:ssion-Council Department of Engineering Services. The data, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, '4r~ not guaranteed, and do not bind Augusta- G-lO I I I I I I I -1 I I I I I I I I I I I Richmond County, Georgia in any way. Only the actual quantities completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract. This project is based on and shall be constructed in accordance with the State of Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, current edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the Engineer shall control the situation. This project shall be constructed in accordance with current Georgia Department of Tran:;portation Roadway Standards and Construction Details. STORM DRAIN PIPE: .Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete and shall include O-ring gaskets. SUBCONTRACTORS: The Contractor shall furnish the official name of all firms he proposes to use as Subcontractors in the work. This information should be furnished at the Preconstruction confereJnce. However, no work shall be done on this project by a Subcontractor until the Contractor receives written approval of his Subcontractor(s) from the Engineer. The Engineer shall notify the Contractor in writing within 10 calendar days whether or not approva.l of the Subcontractor(s) is granted. TESTING OF THE WORK: The eontractor shall employ a qualified materials testing laboratory to monitor more fully the quality of materials and work and to perform such tests as may be required under the contract documents as conditions for acceptance of materials and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF THE WORK. Concrete compressive strength tests are required on this project (see Section 500 of the Georgia Department of Transportation Specifications). Other tests may be as directed by the Engineer. 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-ll I I I I I I I -I I I I I I I I I I I .1 On projects that include asphaltic concrete, cores shall be cut in the asphaltic concrete at random locations, selected by the Engineer, to verify thicknesses. A minimum of three (3) cores per mile or three (3) cores per project, whichever is greater, shall b(l cut by the Contractor. If all thicknesses are satisfactory, in accordance with Section 400 of the Department of Transportation specifications, no further cores will be required. If cores indicate an unsatisfactory thickness, additional cores, as determined by the Engineer and at locations of the Engineer's choosing, shall be cut to determine the extent elf the unsatisfactory thickness. Corrections as shown in Section 400 of the Department of Transportation Specifications shall be made where required. There will be no separate payment for cutting cores, filling core holes, or corrective work. Payment shall be included in the price bid for asphaltic concrete items or in the overall bid price of the contract. TEST ROLLING: Prior to placing any base course, the sub grade shall be test rolled on six feet centers"uslng-a loaded dump truck or other equipment approved by the Engineer. TRAFFIC CONTROL: The Contractor shall provide construction signs in accordance with requirements of "Manual on Uniform Traffic Control Devices for Streets and Highways", Current Edition with added supplements and special provisions. The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard Specifications regarding barricades, danger, warning, and detour signs. All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction of this project shall meet all requirements of the M.1J.T.C.D., current edition, as directed by the Engineer and be furnished by the Contractor with payment in accordance with Section 150. All traffic signs shown are minimum. Other signs may be required by the Engineer with payment included under the appropriate items. All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and specifications. In accordance with Section 150 of the Standard Specifications and it's supplement, the Contractor shall file for approval a detour plan of operation for this project. This plan shall include details for staging and rerouting of traffic including estimated length of time for use of the detours. G-12 I I I I I I I --I I I I I I I I I I I I The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic upon and along the highway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniforrn Traffic Control Devices, current edition and Georgia Standard 9102. TRAFFIC CONTROL DEVICES: The Contractor shall provide all temporary traffic control devices needed to safely direct tjraffic through the construction area. All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and Specifications. TRAFFIC DETOURS: Where detours are required and in accordance with Section 150 of the Standard Specifii5atlons and any Supplements thereto, the Contractor shall file for approval a detour plan of operation for this project. This plan shall include details of staging and rerouting of traffic including estimated length of time for use of the detours. The Contractor shall so conduct his operations that there will be a minimum of interference with or interruption of traffic upon and along the roadway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniforrn Traffic Control Devices, Current Edition and Georgia Standard 9102. Detours require written permission of the engineer. TRENCHING: This project calls for the installation of reinforced concrete pipe by the open-cut or trenching method parallel to the flow of traffic. The maximum depth of open trench is estimat,ed to approach a depth of 20-25 feet. The work shall be so scheduled that not more than 200 feet of trench shall be open at anyone time. The Contractor is cautioned to use proper and safe construction methods in constructing this project. The Contractor is held fully responsible for the safe execution of the work at all times. UTILITIES: All utility facilities which are in conflict with construction, not covered as specified items in the detailed estimate, are to be removed and relocated to clear G-13 I I I I I I I -I I I I I I I I I I I I construction by the respective owners, unless added later to the contract as a supplemental item. All "above ground" utility structures will be located as near as possible to the right-of-way line. The Contractor will not be paid for any delays or extra expense caused by utility facilities, obstructions or arty other items not being removed or relocated to clear constm::tion in advance of his work. All known utility facilities are shown schematically on highway plans, and not necessarily accurate in location as to plan or elevation. Utility facilities such as service lines or unknown facilities not shown on the plans will not relieve the Contractor of his responsibility under this requirement except as noted below. "Existing Utility Facilities" means any utility facility that exists on the highway project in its original, relocated or newly installed position. Other than service lines from street mains to the abutting property the contractor will not be held responsible for the cost of repairs to damaged underground utility facilities whe-n such facilities are not shown on the plans and their existence is unknown to the Contractor prior to the damage occurring, providing the Engineer determines the Contractor has otherwise fully complied with the Specifications. The following utility owners have facilities which may conflict with construction of this project: NAME OF UTILITY OWNER TYPE OF FACILITY Georgia Power Company Georgia Natural Gas Company Jones lntercable T.V. Bellsouth Augusta- Richmond eounty Water and Sewer AT&T Power Gas Cable Telephone Water, Sewer eable THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS: Georgia Power Company Post Office Box 488 Augusta, Georgia 30904 Telephone (706) 724-0892 Georgia Natural Gas Co Post Office Box 1426 Augusta, Georgia 30913 Telephone (706) 722-7791 Bell South 3841 Wrightsboro Road Augusti!, Georgia 30909 Telephone (706) 828-8500 Jones Intercable, Inc. 1424 Monte Sano Avenue Augusta, Georgia 30904 Telephone (706) 736-6515 G-14 I I I I I I I -I I I I I I I I I I I I Urban Services Water & Sewer 2760 Peach Orchard Road Augusta, Georgia 30906 Telephone (706) 796-5000 The eontractor shall use the one-call center telephone number 1-800-282-7411 for the purposes of coordinating the marking of underground utilities. The Contractor's attention is directed to the probability of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and underground telephone cables that either are obstructions to the executiDn of the work and need to be moved out of the way or, ifnot, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature will be handled by the utility owner. UTILITY ACCOMMODATION POLICY: In" so far as possible, work shall be scheduled so that open excavations will not be left ove:might. 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-15 I I I I I I I -I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 150- TRAFFIC CONTROL August 28, 1995 First Use: October 20, 1995 Modification of Special Provision Section ISO - Traffic Control (Rev. June 21, 1994) Retain Section 150 as written and add the following: For tbis project, allrererences" 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 addi;;iori, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated September 3, 1993. " 150.02 WORK ZONES: Delete "Work Zones" and substitute: Temporary Traffic Control Zones. 150.02. 8.2.: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200 feet ill advance of the temporary gore, and 10 feet for the first 100 feet of the temporary gore. 150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written and add second paragraph. Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected by guardrail, portable barrier, impact attenuator or other type of positive barrier protection. Unprotected posts shall meet the breakaway requirements of the "1985 AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals". Unprotected post splices will not be permitted any higher than four inches above the ground line to Jessen the possibility of affecting the undercarriage of a vehicle. 150.03.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNlNG SIGNS THAT 'ARE REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF WARNING FLAGS. Delete first sentence of second paragraph and substitute: Construction warning signs which are mounted at less than seven feet in height (portable signs) shall have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign. rc-/ ,I I .1 I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 150.04.E.2.a.2.: Retain as written and. add: In lane shift areas skip lines are not allowed. Solid lines are required. 150.04. E.2.b.1.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are required. 150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type 11 (elevlm). 150~ 1 0 PAYMENT: 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 -.:.. -. ModHication of Standard Specifications, 1993 Edition Retain Section 150 as written and add the following: I I I I I I I I I I I For this project, all references in the Standard Construction Details listed below to Type r 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 Construct.ion Detai1~ " 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 Septemb~r 3, 1993. Detail "A" as shown on Georgia Standard 4960 is deleted. SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL Rev. June 21, 1994 First Use: July 24, 1994 Rev.: August 16, 1994 Modification of the Standard Specifications, Current Edition Delete Section 150 as written and substitute the followi~g: .. 150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTCD shall be considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic control devices and shall include flagging and other means for guidance and protection of vehicular and -rc-z- I L DEPARTMENf OF TRANSPORTATION STATE OF GEORGIA I ,I I I 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 requiremcnts of the Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration of the project. I 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. "I As the representative of the Contractor, the W'I'CS 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 W'I'CS all others tnaking 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 \VTCS as long as satisfactory results are obtained. I -I I TheW'r-C& shall have a copy of the MUTCD on the job site. Copies of current MUTCD may be obtained from: I I U.S. Government Printing Office Superintendent of Docwnents 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. I The vrrcs shall supervise the initial installation of traffic control devices which will be reviewed by the Engineer prior to the beginning of construction. Modifications to traffic control devices as required by sequence of operations or staged construction must be reviewed by the WTCS. The wrcs shall regularly perform inspections to ensure that traffic control is maintained. I I B. All traffic control devices used during the construction of a project shall meet the Standards utilized in the: MUTCD, and shall comply with the requirements of these Specifications, Project Plans, and Speci.al Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09. C. All reflectorization for construction (black on orange) signs, object markers, and channelization devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other signs shall meet the requirements of Type I Wlless otherwise specified. I I D. No work shall be started on any project phase Wltil the appropriate traffic control devices have been placed. in accordance with Project requirements. Changes to traffic flow shall not commence unless alllahor, materials, and equipment necessary to make the changes are available on the Project. I 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, proposcd by the Contractor, are to be submitted to tJle Department for approval in accordance with Subsection 104.03 of the Standard Specifications. I I /C-3 I I ,I I DEP ARTMENT OF TRANSPORTATION STATE OF GEORGIA Some additional traffic control details will be required prior to any major shifts oftrafik The traffic contl'ol details shall include, but not be limited to, the following: 1. A detailed drawing showing traffic location and laneage for each step of the change. 2. The location, size, and message of all signs required by the MUTCD, Plans, Special Provisions, . and other signs as required to fit conditions. 3. 'I'he method to be used in, and the limits of, the obliteration of conflicting lines and markings. I I 4. 'IyPe, location, and extent of new lines and markings. 5. Horizontal and ....ertical alignment and supcrelevation rates for detours, including cross section and profile grades along each edge of existing pavement. 6. Drainage details for temporary and permanent alignments. I 7. Location, length, and/or spacing of channelization and protective devices (temporary barrier, guardrail, barricades, etc.) -I 8. Starting time, duration and date of planned change. I 9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing workforce, materials, and equipment necessary to accomplish the proposed work. This will be the minimum resource allocation required in order to start the work. I The above details shall be submitted to the Engineer for approval at least 14 days prior to the anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has been approved by the Engineer prior to commencement of the physical shift. All preparatory work relative to the traffic shift which docs 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. I I F. Traffi,: control devices shall be in acceptable condition when first erected on the project and shall be maintained in accordance with Subsection 104.05 throughout the construction period. All unacceptable traffic control devices shall be replaced within 24 hours. When not in use, .all traffic control devices shall be removed, placed or covered so as not to be visible to traffic. If traffic control devices are left in place for more than ten days after completion of the Work, the Department shall have the right to remove such devices, claim possession thereof, and deduct the cost of such removal from any monies due, or which may become due, the Contractor. I I G. The Department reserves the right to restrict construction operations when, in the opinion of the Engineer, ilie continuance of the Work would seriously hinder traffic flow on days immediately before, on, or after holidays or oilier days in which unusual traffic conditions exist, including threatening or inclement weather. . I I 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: I 1. Portable advance wClrning signs as required by the contract or meeting the requirements of the MUTCD and ;:jub.Section 150.03. I 2. Portable sequential or flashing arrow panels as shown in the Plans or Specifications for use on Interstate or multi.lane highway lane closure only, shall be a minimwll size of 48" high by 96" I TC-t1(L 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 wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire siz,e 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 swmy day, or clear night. Arrow panels shall be equipped with automatic dimming features for use during hours of darkness. The arrow. panels shall also meet the requirements as shown in the MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on two- lane, two-way highways when traffic is restricted to one-lane operations in which case, appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient. 3. Portable changeable message signs meeting the requirements of Section 632 and the MUTeD. 4. Channelization devices meeting the standards of the MUTeD and SubseCtion 150.05. 5. Prel:ast concrete barrier meeting the requirements of Section 622. 6. TeIIlporary traffic signals meeting the requirements of Section 647. 7. Pavement marking materials complying with Subsection 150.04.A. B. LANE CLOSURES: 1. All lane closures shall have prior approval of the Engineer. Lane closures that require same direction traffic to be split around the Work Area will not be approved for roadways with posted speeds of 35 mph or greater, excluding turn lanes. 2. On r:mJtilane highways where traffic has been shifted to the inside lanes for overnight use, the entrance and exit ramps shall have channelization devices placed on both sides of the ramp. The temI=-orary ramp taper length shall be greater than, or equal to, the existing taper length. Interim EXIT gore signs shall be placed at the ramp divergence. Channelization device spacing in the first 100 feet of the temporary gore shall be 25 feet. 3. Termination Area: The transition to normal or full width highway at the end of a lane closure shall be a maximum of 150 feet. 4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07, the Contractor shall remove all signs~ lane closure markings, and devices immediately when lane closure work is completed or temporarily suspended for any length oftime or as directed by the Engi.neer. 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 interruptlon of traffic. The ContractDr shall provide a unifonned polil'?-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- .., .1 I ,I I I I I --I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA When ready to start the work activity, the police vehicle will pull into the travel lanes and act as a pilot vl~hicle 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 t:~e police vehicle has passed. Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph non-interstate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared th e area. Traffic will not be permitted to stop during pacing except in extreme cases as approved by the Engineer. 2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72 inch) with a Type "B" flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY" (See Detail ISO-A). A portable changeable message sign may be used in lieu of the W -special sign. On divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted at the signrand upon notice that the traffic is to be paced shall turn on the flashing light and reveal the sigT:l. When traffic is not being paced, the flashing light shall be turned off and the sign covered or removed. W-special signs are reflecOOmed black on orange, Series "C" letters and border of the size specified. -rc-c I I I I I I I --I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Tm "B. nlSH IllC LI CHl ~ nun I C SIll( ,. WlRCIN I'.," 8CRO(R )" WIllS SJ" 1,.5- ,- 72. ....'i ~ ~ ~ ~ ~ (C 10. '" SZ. "I 10. ~~@I~ID) 15.-/' .(2. "~5. ~~~~[Q) ~~@WJ] ..~~~bl W js.s.!. 5'. .k.s"1 11 n- ... '" Il" .12. $.[R. .C. '" u" Il" gR. .c" to. 12" U. stR. .c. .c" '" I" s[R. .C" t-srtc I ~ SIQf I TtIrOJWfT I"OS r 'O.t(T[ D I SICH ~AlL HAVL 1Il4Q L[CE~ AND BCJUXR OPe ClIv.HCiE flH L t CT oq IItD 8~ CiA(U/D DETAIL 150-A D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic unless separated by a positive barrier, or when construction activity necessitates otherwise, and shall not reverse direction except at intersections, interchanges, or approved temporary crossings. E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not interf,ere 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 renectorized vests. / 2:'-7 I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I I 1. ThE~ parking of Contractor's and/or workers personal vehicles within the work area or adjacent to traffic is prohibited. " I J. The Worksite Traffic Control Supervisor (WTCS) shall monitor the work to ensure that all the rocks, boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are kept; clear of the travel way. These items shall be stored in a location, in so far as practical, where they will not be subject to a vehicle running off the road and striking them. I K All existing pedestrian walkways shall be maintained. Whenever changes to the worbite necessitate ChaIlges to existing walkways, temporary walkways shall be provided and maintained, with appmpriate signs as necessary, to allow safe passage of pedestrian traffic. 150.03 SIGNS: I A. When required for proper traffic control during construction of the project, all existing guide, warning, and regulatory signs shall be maintained by the Contractor in accordance with these Specifications. Existing street name signs shall be maintained at street intersections. All existing illuminated signs shall remain lighted and be maintained by the Contractor. I I " B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered so as-not to-be visible to traffic. All construction warning signs shall be removed within seven calendar days ,after time charges are stopped or pay items are complete. Subsequent punch-list or other work to be performed shall be accomplished utilizing temporary construction warning signs that shall be removed daily. -I I -I 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 cc'ntract documents. I D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed, reused .and maintained by the Contractor in accordance with the MUTCD, the Plans, Special Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractor. The bottom of all interim signs shall be at least seven feet above the level of pavement edge. I I E. Existing special guide signs on the Project shall be maintained until conditions require a change in location or legend content. When change is required, existing signs shall be modified and continued in USI~ if the required modification can be made within existing sign borders using design requirements Oegend, letter size, spacing, border, etc.) equal to that 'of the existing signs, "or of Subsection 150.03.E.5. 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-conflicting location which has been approved by the Engineer. I I I 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. I 3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign structures are not required to be lighted unless specifically required by the Plans. If lighting is required the sign shall be lighted as soon as erected and shall remain lighted, during the hours of darkness, untillhe interim sign is no longer required. The Contractor shall notify the Power Company at leastthirty (30) days prior to desiring connection to the power source. I -rC-.8 I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I :1 4. The installation of new permanent special guide signs and the permanent modification or resetting of existing special guide signs, when included in the contract, shall be accomplished as soon as practical to minimize the use of interim special guide signs. If lighting is required by the Plans, all new permanent overhead special guide signs shall be lighted as soon as erected. I 5. Interim special guide signs that may be required in addition to, or a replacement for, existing expressway and freeway (interstate) signs must be designed and fabricated in compliance with the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways" and Part 2F "Guide Signs Freeways" of the MUTeD, except that the minimum size of all letters and numerals in the names of places, streets and highways on all signs shall be 16 inches Series "E" initial upper-case and 12 inches lower-case. AJI lnterstat.e shields on these signs shall be 48 inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the exit road name or route shield shall be placed on the exit gore sign. I I F. MATERIALS - INTERIM SIGNS: I. 1. POSTS - Posts for all interim signs shall meet the requirements of S-ection 911 except that green or silver paint may be used in lieu of galvanization for steel posts or structural shape posts. Wood posts are not required to be pressure treated. -I I 2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1 and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardless of the sign type used. Alternative sign blank materials (composites, poly carbonates, fiberglass reinforced plastics, recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research for use as interim construction signs before these materials are allowed to be incorporated into t:ne work. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum. Plywood blanks or panels will not be permitted. I I I G. All e:llisting, interim and new permanent signs shall be installed so as to be completely visible for an adva:nce distance in compliance with the MUTCD. Limbs, brush, construction equipment and mate:rials shall be kept clear of the driver's line of sight to the signs. I H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the MUTeD and shall include a series of at least three advance road construction (W20-1) 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. I All construction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each including the project construction signs (G20-1 and G20-2A.) Project mil eage 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.) I I 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 suppo:rt. Vehicle mounted panels shall be provided with remote controls. Minimum mounting height shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels which should be as high as practical. I I I J. The pc,rtable changeable message sign, when specified, shall be placed ahead of construction activities and shall meet the requirements of Section 632 and the MUTCD. -rc- '7 I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I I K. The flashing beacon assembly, when specifie'd, shall be used in co~unction 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 G47. 150.04 PAVEMENT MARKINGS I I 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 MUTeD 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 mar~ings shall be proyided on aJI surfaces that are placed over existing markings. On widening and reconstruction projects (where the lane configuration is altered from the pre-construction layout) pavement markings will be as required by the Plans or the Engineer. On new construction projects pavement marking plans will be provided. I I I B. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width and !;'hall c~nform to the requirements of Section 652, except as modified herein. Raised pavement markers CRPMs) shall meet the requirements of Section 654. Markings on the final surface course which must be removed shall be a removable type. The Contractor will be permitted to use paint, theTIi:1oplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise direct.ed by the Engineer. Partial (skip) reflectorization (i.e. reflectorizing only a portion of a stripe) will not be allowed. -I I C. USAGE: The Contractor shall sequence the work in such a manner as to allow t.he installation of markings in the final lane configuration at the earliest possible stage. I I Inappropriate or conflicting existing pavement markings shall be removed. When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall be removed prior to, during, or immediately after any change so as to present the least interference with t.raffic. I Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the projed for immediate use. If marking removal equipment failures occur, the equipment shall be repai,~ed or replaced (including leasing equipment if necessary), sO" that the removal can be accomplished without delay. I I Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course, when approved by the Engineer. When an asphaltic con.crete overlay is placed for the sole purpose of eliminating conflicting markings and the in place asphal tic concrete section will allow, said overlay will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid for only once and further traffic shift.s in the same area shall be accomplished with removable markings. Only the minimum asphaltic concrete thickness required to cover lines (generally 60 lbJsq. yd. of Asphaltic Concrete "H") will be allowed. Excessive build-up will not be permitted. When an overlay for the sole purpose of eliminating conflicting markings is not allowed, the markings no longer appHcabl e shall be removed in accordance with Subsection 656.02. The elimination of conflicting pavement markings by overpainting with paint or liquid asphalt is not acceptable. I I I D. Raised pavement markers CRPMs) are reqUIred as listed below for all asphaltic concrete pavements before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or final surface and is open to traffic, one calendar day is allowed for cleaning and drying before the installation of RPMs is required. . I TC-/O ;.1 I ;1 I I I I -I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 1. On Interstate and limited access highways under construction, excluding projects consisting primarily of asphalt resurfacing items, retro-reflective raised pavement markers (RPMs) shall be placed and/or maintained on intermediate pavement surfaces opened to traffic as follows: a. SUPPLEMENTING LANE LINES: 80 foot centers on skip lines with curvature less than three degrees. (Includes tangents.) 40 foot centers on solid lines and all lines with curvature between three degrees and six degrees. 20 foot centers on curves over six degrees. 20 foot centers on lane transitions Or shifts. b.' SUPPLEMENTING RAMP GORE LINES: 20 foot centers, two each, placed side by side. c. OTHER LINES: As shown on the plans or directed by the Engineer. 2. On other highways under construction RPMs shall be used and/or maintained on intermediate pavement surfaces as follows: a, SUPPLEMENTING LANE LINES AND SOLID LINES: 40 foot centers except on lane shifts. (When required in the Plans or Contract.) 20 foot centers on lane shifts. (Required in all cases.) b. SUPPLEMENTING DOUBLE SOLID LINES: 40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans or Contract.) . 20 foot centers on lane shifts. (Required in all cases.) RPMs are D..Q.t allowed on right edge lines. E. EXCEPTIONS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern of markings are permitted as noted below, however, full pattern pavement markings are required for the completed project. . 1. TWO-LANE, TWO-WAY ROAI;>WAYS a SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes shall be at least four feet long with a maximum gap of 36 feet. On curves greater than six degrees, a two-foot stripe with a maximum gap of 18 feet shall be used. In lane shift areas skip lines will not be allowed. Solid Lines will be required. Interim skip lines will be permitted for a period not to exceed 14 calendar days. Interim skip lines must be replaced with markings in full compliance with Section 652 prior to expiration of the 14 calendar day period. . -:rc-// I I I I I I I --I I I I I I I I I I '1 I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Interim raised pavement markers may be substituted for the interizri skip (broken) stripes. Ifraised pavement markers are substituted for the four foot interim skip stripe, four markers spaced at equal intervals over a four feet distance will be required. No separate payment will be made if the interim raised pavement markers are substituted for interim skip lines. Interim raised pavement markers shall be retro-reflective, shall be the same color as the pavement markers for which they are substituted, and shall be visible during daytime. The type of interim marker and method of attachment to the pavement must be approved by . the Office of Materials and Research but in no case will the markers be attached by the use of nails. The interim raised pavement markers must be maintained until the full pattern pavement markings are applied. At the time full pattern pavement markings are applied the interim raised markers shall be removed in a manner that will not interfere with application of the full pattern pavement markings. . b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three calendar days where skip centerlines are in place, no-passing zones may be identified by using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 3D") at the .0 - - be.ginning and at intervals not to exceed 1/2 mile within each no-passing zone. A post or portable monnted PASS WITH CARE regulatory sign (R4-1 24" x 3D") shall be placed at the end of each no-passing zone. Post mounted signs shall be placed in accordance with the MUTCD. Portable signs must have a minimum vertical height of three feet above the pavement surface to the bottom of the sign and be secured in such a manner as to not be easily blown over or misaligned. e. EDGELINES: (1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that are in use for a period of less than 60 calendar days except at bridge approaches, on lane transitions, lane shifts, and in such other areas as determined by the Engineer. On the fInal surface, edgelines must be placed within 30 calendar days of the time that the final surface was placed. (2) AJI Other Types of Pavement: Edgelines will not be required on intermediate surfaces that are in use for a period of less than 30 calendar days except at bridge approaches, on lane transitions, lane shifts, and in such other areas as determined by the Engineer. On the final surface, edgelines must be placed within 14 calendar days of the time that the surface was placed. d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols, words and other similar markings shall be placed on final surfaces conforming to Section 652 within 14 calendar days of completion of the final surface. On intermediate surfaces these markings will generally not be required unless specified by the Engineer because of special conditions or when the intermediate surface will be in use for more than 45 calendar days. 2. MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S) F'OUR FEET OR LESS a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE) (1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers shall be restored before nightfall. y-c-/z I I I I I I I -I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.1.a. may be used for periods not to exceed three calendar days. (3) Edgelines - Edgelines shall be placed on intennediate and final surfaces within three calendar days of obliteration. . b. DIVIDED HIGHWAYS (GRASS OR RAISED MEDIAN) (1) Lanelines - Full pattern skip stripe shall be restored before nightfall. (2) CenterlinelEdgeline - Solid lines shall be placed on intermediate and final surface's within three calendar days of obliteration. c, Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d. 3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER THAN FOUR FEET a. Same as Subsection 150.04.E.2. except as noted in (b) below. b~ .ED.GELINES- (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 existing marking tape on final surfaces shall be removed prior to placement of final markings. . Pavement markings shall re-establish No-Passing Zones in the locations and configuration that existed prior to construction. Existing No-Passing Zones shall be clearly identified as to location prior- to con;;truction 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 and warning devices shall be required in addition to the requirements of the MUTeD: 1. A lnad vehicle is required for two-way traffic conditions and shall have an approved sequential or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicle is not required for low volume off-system routes and one-way traffic applications. 2. The work vehicle applying markings shall have a sequential or flashing arrow panel mounted on the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel shall be mounted so as to be easily visible to oncoming traffic. The work vehicle shall follow dirE:ctly 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 '1 I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection yehicle shall also display a prominent sign with the legend PASS ON LEn (RIGHT). On :lnterstate and limited access roadways, the"protection vehicle shall be equipped with a truck mounted attcnuator (TMA) that is certified for imp'acts 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- ~;ide rear 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 follo"...-ing requirements. 1. 'J'ypes of Devices Permitted for Channelization in Construction Work Zones: a. DRUMS: -- .c1LDESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be reflectorized as required in Subsection l50.01.C. (2) APPLICATION: Drums shall be used as the required channelizing device to delineate the full length of a lane closure, shift, or encroachment, except as modified by this Subsection. (a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all transition tapers. The minimum length of the approach transition taper for a lane closure, shift, or encroachment for highways with posted speed of 45 mph or greater shall be equal to the lane width of lateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not less than 150 feet. For multiple lane closures, only one lane may be closed per taper with a minimum tangent length of 2L between tapers. The length of a closed lane, excluding the transition taper, will be limited to two mile, unless otherwise approved or directed by the Engineer. Drums shall be placed the full length of the taper spaced at maximum intervals in feet equal to the numerical speed limit (EXAMPLE: 55 Mph Speed Limit = 55 feet maximum spacing). For taper lengths on urban, residential or other streets where the posted speed is 40 mph or less, the minimum length of the approach transition taper may be computed using the formula L = WS2/60. Greater taper length shall be used when required for individual . si tua tions. Drums with steady burning lights, for the length of the taper only, are requiTed if the condition exists into the night. (b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for various roadside work conditions except as modified by Subsection 150.06. Spacing shall be used for situations meeting any of the conditions listed as follows: (1) 50 FOOT SPACING MAXIMUM: (a) For difference in elevation exceeding two inches. (b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail l50-E.. -rc- /72- I I I I I I I i I I I I I I I I I' I I DEPARTMENT OF TRANSPORTATION. STATE OF GEORGIA (2) 100 FOOT SPACING MAXIMUM: (a) For difference in elevation of two inches or less. (b) Flush areas where equipment or workers are within ten feet of the travel lane. (3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are !Dore than ten feet from travellarie. 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 flusn to the travel lane and considered a usable shoulder. When the appropriate signs are posted advising of conditions such as soft or low shoulder, drums may be removed after shoulders are completed to typical section and grassed and after guardrail or other safety devices have been installed. :b. VERTICAL PANELS: (1) DESIGN: All vertical panels shall have a minimum of 270 square inches of retro-reflective area facing the traffic and shall meet the requirements of the MUTCD. (2) APPLICATION: Lane encroachment by the drum on the travelway should permit a remaining lane width often feel 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.. BARRICADES: (1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized as required in Subsection l50.01.C. (2) APPLICATION: Type III barricades shall be placed as required by the plans, the Standards, and as directed by the Engineer. e. WARNING LIGHTS: (1) DESIGN: All warning lights shall meet the requirements of the MUTCD. (2) APPLICATION: (a) Type A low-intensity flashing lights shall be used as shown in the Plans, the Standards, and as directed by the Engineer. Flashing lights are not required for' advance warning signs in Subsection lSO.03.H. -rc- /s I I :1 I I I I i I I I I I I I I I I I DEP ARTMENT OF TRANSPORTATION STATE OF GEORGIA (b) Type C Steady-Burn lights shall be used on all tapers when the condition emu into the night. Steady-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. (2) APPLICATION: Portable Barriers shall be placed as required by the plans. standards, and as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel lane, yellow reflectors shall be fixed to the top of the barrier at intervals not greater than 50 feet and shall be mounted approximately two inches above the barrier. The reflectors shall be either 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels, or 8" di:uneter center-mounted sealed prismatic reflex reflectors housed in an aluminum backing with a single grommeted hole. Approach end of Portable Barrier shall be flared or protected by an impact attenuator (crash cushion) or other approved treatment in accordance with Georgia Standard 4960, Construction Details and Standard Specifications. . On interstate or other controlled access highways where lane shifts or crossovers cause opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as a separator. B. TEMPORARY SAND LOADED ATTENUATOR MODULES 1. DESCRIPTION: This work consists of the furnishing, instalJation, 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 co~orm to the l'equirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locations designated by the Engmeer. C. PORTABLE IMPACT A'ITENUATORS: 1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation, maintenance, relocation, reuse as required, and removal of Portable Impact Attenuators. . 2. MA TERlALS: Materials used in the Attenuator shall meet the requirements of Section 650 for 'l'ype A Portable Impact Attenuators. 3. CONSTRUCTION: Portable Impact Attenuator installation shall conform to the requirements of Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locations designated by the Engineer, and/or shown on the plans. D. TEMPORARY GUARDRAIL ANCHORAGE - Type 11: 1. DESCRIPTION: This work consists of the furnishing, installation, maintenance and removal of Temporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail end t)'eatment. TC-/~ .1 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 Standard Specifications. Installation shall also include sufficient additional guardrail and appurtenances to effect tbe 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 tr:avelway 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. Channe:lization devices and placement during the construction period shall conform to the requirements of Subsection 150.05 and Details l50-B, l50-C, l50-D, and l50-E shown herein. _II I In addiJioJ1 tQ the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT) (RIGHT) lANE NARROWS" witb two flags shall be kept just off the paving edge and 500 feet upstream of the point whcre channelization devices are erected on the paving edge. I I I I I I I I I I I A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-<lffs in elevation of more than two inches between surfaces carrying, or adjacent to, traffic will not be allowed for more than 24 hours. However, where the Contractor has demonstrated the ability to continuously excavate and backfill in a proficient manner, a single length of excavated area not to exceed 1000 feet may be left open as a start up area for pcriods not to exceed 48 hours. B. ASPHALT BASES/BINDERS: Drop-ofTs in elevation of more than two inches between surfaces carrying or adjacent to traffic will not be allowed for more than 48 hours. . C. P01i:TLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: .Construction work adjaeent to tbe traveled way which involves these types of bases shall be healed within 48 hours after the euring period is complete for each section placed. During the placement period, traffic control deviees will b~ in accordance with Subsection 150.05 and Detail150-B. D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRA VELW A Y: Work such as drainage structures, utility facilities, or any other work which results in a drop-off adjacent to the travelway shall be performed expeditiously so as to minimize the exposure to the hazard. As soon as practical, tbe excavation shall be backfilled to the minimum requirements of Detail ISO-E. In no case will the drop-<lff be allowed to exist more tban 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.spoced at 50 n. Intervals. If the traveled way width Is reduced to less than .0 feet by the use of drums. vertIcal panels sholl be used In lieu of drums. location of drums when drop-off exceeds 4 Inche~ ;{ ----------~~ ----~--------\ ~~- NEW CONSTRUCTION ~( TRAVEL LANE ~. DROP-OFF GREATER THAN 4 INCHES DET AIL 150-8 C'rums spaced 01' 50 feet Intervals. location of drums when drop-off Is 2+ Inches to 4 Inches. ;C' _1:, +/~______~. -----------\ 1( -1 NEW CONSTRUCTION ~( TRAVEL LANE ~ DROP-OFF OF 2 + INCHES TO 4 INCHES DET AIL /50-C -rc-/t? ~I R ~I I I I I -I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Drums spaced at 100 feet Intervola. Location of drums when drop-off la Z Inches or less. Ii ;. "-f~':/-______\ -----------\ ~---t NEW CONSTRUCTION + TRAVEL LANE ~ DROP-OFF OF 2 INCHES OR LESS DET AIL 150-0 LocatIon of drums ImmedIately after completIon of healed sectIon. spaced at 50 ft.lntervols. Compocted graded oggregate,subbose mot.Hololor dlrt. TOP OF DRUM TO BE LEVEL NO STEEPER THAN 4:1 .;t~ 2 ft. +/- ----------\t ~----------\ +--{ NEW CONSTRUCTION + TRAVEL LANE 'V--+ . HEALED SECTION DET AIL 150-E TC- /1 I h..~ I I I I I I i I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 150.Ci? FLAGGING AND PILOT CARS: A. Flaggers shall be provided as required to handle-traffic, as specified in the Plans or Special Provisions, and as required by the Engineer. . B. All flaggers shall meet the requirements of the MUTCD and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provide certified flaggers as required above shall be reason for the Engineer suspending work involving the flagger(s) nntil the Contractor provides the certified flagger(s). . C. F1aggers shall wear high-visibility clothing in compliance with the MUTCD and shall use a Stop/Slow. paddle meeting the requirements of the MUTCD for controlling traffic. The Stop/Slow paddles shall have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow paddle, a flagger may use a ~:4 inches square red/orange flag as an additional device to attract attention. For night work, the ve~;t shall have reflectorized stripes on front and back. . D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements of the MUTCD. E. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the-presence of the flagger shall be placed beyond the point where traffic can reasonably be expected to stop under the most severe conditions for that day's work. 150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporary traffic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section 150 (TRAFFIC CONTROL) will result in non-refundable deductions of monies from the Contract as shown in this Subsection for non-performance of Work. Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending all other work on the Project, except erosion control and traffic control, taking corrective action as specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work on the Project until traffic .control deficiencies are corrected. These other actions shall be in addition to the deductions for non-performance of traffic control. . -rc-zo I I I I I I I 1 I I I I I I I I I I I 1JbP ARTMEN1' OF TRANSPORTATION STATE OF GEORGIA SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE [ ORIGINAL TOTAL CONTRACT AMOUNT I I I From More Than To and Including Daily ChaTl~e $0 $100,000 $100 100,000 1,000,000 250 1,000,000 5,000,000 500 5,000,000 20,000,000 750 20,000,000 40,000,000 1,000 40.000,000 - 1.500 150.0n MEASUREMENT: A T1iAFFIC 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 of 25 (twenty-five) percent of the Lump Sum price will be made. For each progress payment thereafter, the total of the Project percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid Oess previous payments), not to exceed one hundred (100) percent and subject to normal retainage. men no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of complying with these requirements will not be paid for separately, but shall be included in the overall bid submittal. B. SIGNS: When shown as a 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 ,mder Traffic Control Lump Sum or included in the overall bid submitted. 1. Interim grotmd mOWlted or interim overhead special guide signs will be measured for payment by the square foot. This payment shall be full compensation for furnishing the signs, including supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting, ,and final removal from the Project Payment will be made only one time regardless of the number of moves required. . 2. Hemove and reset existing special guide signs, ground mount or overhead, complete, in place, will h~ measured for payment per each. Payment will be made only one time regardless of the number (If moves required. 3. Modify special guide signs, ground mount or overhead, will be measured for payment by the square foot. The area measured shall include only that portion of the sign modified. Payment shall include materials, removal from posts or supports when necessary, and remounting as required. .-r-c-c / I t._. 'I (I :1 I I I ~I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION. STATE OF GEORGIA C. P:RECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622. D. CHANGEABLE MESSAGE SIGN. PORTABLE: Changeable Message Sign, Portable ,will be measured as specified in Section 632. E. TEMPORARY GUARDRAIL ANCHORAGE. 'f:ype 11: Temporary Guardrail Anchorage _ Type 11 ,vill be measured by each assembly, complete in place and accepted according to the details shown in the planS, which shall also include the additional guardrail and appurtenances necessary for transition and connection to Temporary Concrete Barrier. Payment shall include all necessary materials, eq;:Jipment, labor, site preparation, maintenance and removal. F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation _ Temporary will be measured as specified in Section 647. G. FLASHING BEACON ASSEMBLY: F1ashing Beacon Assemblies will be measured as specified in Section 647. H. TEMPORARY, SAND LOADED ATI'ENUATOR MODULES: Each Sand Loaded Attenuator Module of tJ1e type specified includes all material components, hardware, incidentals, labor, site preparation and maintenance. Ea!:h module will be measured for payment by the drum only once regardless of the nu~nber of locations installed. ModuJes to replace those damaged or destroyed by traffic impact will also be measured by the unit for payment. Upon completion of the project, the moduJes shall be removed and retained by the Contractor. , 1. POHTABLE IMPACT ATTENUATORS: Each Portable Impact Attenuator will be measured by the W1it which shall include all material components, hardware, incidentals, labor, site preparation, and maintenance, including spare parts recommended by the manufacture for repairing minor accident damage. Each unit will be measured only once regardless of the number of locations installed, moves required, or number ofrepairs necessary because of traffic damage. Upon completion of the project. the units shall be removed and retained by the Contractor. . J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150. 150.10 F'A YMENT: When shown in the ScheduJe 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. :t50. Traffic Control, Skip Traffic Stripe, Thermoplastic Inch, (Color) .. . . . . . . . . . . . . . . . . . .. . . . . . . per Linear Mile 1 tem No. l50. Traffic Control, Pavement Arrow with Raised Reflectors ...... . . . . . . . . . .. per Each Item No. ] 50. Traffic Control. Raised Pavement Markers - All Types. . . . . . . . . . . . . . . . . .. per Each Item No. 150. Interim Overhead Special Guide Signs .......................... per Square Foot i Item No. 150. Interim Ground MOW1ted Special Guide Signs. .. " . .. ... .... . " " per Square Foot 7&ZZ I I IteDl No. 150. I Iten:\ No. 150. Item No. 150. I Item No. 150. I Item No. 150. Item No. 150. I Item No. 150. Item No. 150. I I tem No. 622. 1 I tem No. 632. -. .- -- Item No. 641 I Item No. 647. Item No. 647. I Item No. 647. I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Remove & Reset Existing Special Guide Signs, Ground Mount, Complete in Place " . :.. ..... . " . . ... . . .. . . . . . . . . .. per Each Remove & Reset, Existing Special Guide Signs, . Overhead,Complete in Place ..................................... Per Each Traffic Control, Temporary Sand Loaded Attenuator Modules ............ per Each Traffic Control, Portable Impact Attenuator . . . . . . . . . . . . . . . . . . . . . . . . . . .. Per Each Traffic Control, Pavement Markers, Words and Symbols ...... . . . .. per Square Foot Traffic Control, Pavement Arrow (Painted) With Raised Reflectors ........ per Each Modify Special Guide Sign, Ground Mount. . . . . . . . . . . . ~ . . . . . . . . .. per Square Foot Modify Special Guide Sign, Overhead ........................... per Square Foot Precast Concrete Median Barrier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per Linear Foot Changeable Message Sign, Portable .................................. per Each Temporary Guardrail Anchorage, Type 11 .......................:..... per Each Traffic Signal Installation, Temp ............................. . . . . . . ~ Lump Sum . Flashing Beacon Assembly, Structure Mounted...... ... .... . '" .... .... per Each Flashing Beacon Assembly, Cable Supported. . ~ . . . . . . . . . . . . . . . . . . . . . . " per Each -rc-z 3 I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA DATE: 04/16/99 PAGE: 1 SPECIAL PROVISIONS CONTRACT ID : C31654-99-QQQ-Q GRADING, DRAINAGE, BASE AND PLANT MIX PAVING ON 2ND ST I OUTFILL IN AUGUSTA. ~------------------------------------------------------------------------------ S.P. CODE SPECIAL PROVISIONS DESCRIPTION I~------------------------------------------------------------------------------ 106-1-93-SP CONTROL OF MATERIALS- I07-1-93-SP LEGAL REGULATIONS (ENVIRONMENTAL)COUNTY/CITY CONTRACTS 08-1-93-SP WAIVE PROGRESS SCHEDULE 09-1-93-SP PARTIAL PAYMENT (CITY/COUNTY CONTRACTS) 152-1-93-SP FIELD LABORATORY BUILDING B61-2-93-SP SOIL EROSION & SEDIMENTATION (COUNTY/CITY CONTRAC~-S; 00-2-93-SP ASPHALTIC CONCRETE (COUNTY CONTRACTS) 402-1-93-SP RECYCLED ASPHALTIC CONCRETE (COUNTY CONTRACTS) ,I20-1-93-SP ASPHALT CEMENT ~ 28-1-93-SP ~T ~~X ASPJ!lI.,.r..TI~CON~\\ETE M~A><RES\.~. - . .1 98-0-0Q-SP ~ lH'J. ~- ~II'O ~ N.~ .Ll1J[)~ 1""i"',_. uL -199-0-00- .~PL~S (10 ) . I I I I I I I I I I I c c:::..- - \ 1/ I I- I. I 'I I 1 I I I I I I I .R R I I I: ' , cOla ENGUSH May 21, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION PtLOP ~530-Sq L~45) SECTION 106 - CONTROL OF MATERIALS ~~~ 106.03 SAl\'IPLES, TESTS, CITED SPECIFICATIONS: Delete the second paragraph in this Subsection and substitute the following: For work pelformed under Section 400, Hot Mix Asphaltic Concrete Construction, all materials shall be insp':::cted and tested by the Hot Mix Producer before incorporation into the Work. All quality contr.:)l samples shall be taken and tested by the Hot Mix Producer's designated quality control technician.- Such tests shall be performed at the Hot Mix Producer's expense and in accordance with the methods of tests established by the Department Copies of all tests performed by the Hot Mix Producer shall be furnished to the Engineer and will become a part of the project records. At the discretion of the Department, the Hot Mix Producer's quality control tests may be used as acceptance tests. The Department will maintain surveillance of the Hot Mix Producer's Quality Assurance AGceptance Program and shall take samples and conduct tests as necessary to verify correctness of the Ho~ Mix Producer's quality control tests and determine acceptability of materials and construction. The Hot Mix Producer shall be responsible for the quality of the construction and materials incorporated therein. Materials and Research .c:c:. - ~ I I I. I I I I -I I I I I I I I I I I I RevisioD: May 1, 1994 STATE OF GEORGIA DEPARTMENT OF TRANSPROTATION SPECIAL PROVISION SECTION 107 - LEGAL REGULATIONS AND RESPONSmlLITY TO THE PUBLIC DELETE SUB-SECTION 107.23 AS WRITTEN AND SUBSTITUTE THE FOLLOWING: 107.23 ENVIRONMENTAL CONSIDERATIONS: All environmental considerations and clearances shall be the responsibility of the County or municipality to meet, including the requirements of Section 404 of the Clean Water Act (33 USC 1344). AfterJuly 1, 1991, State funded projects must comply with the requirements of Chapter 16 of Title 12 of the Official Code of Georgia Annotated, the Georgia Environmental Policy Act (GEPA), of 1991. In compliance with GEPA, those projects for which Federal funding is sought, and NEP A compliance is accomplished, are exempt from the requirements of GEP A. GEP A requires that environmental documentation be accomplished for County or City projects if more than 50 percent of the total project cost is funded by a grant of a State Agency or a grant cf more than $250,000.00 is made by the State Agency to the municipality or County. The "responsible' official of the government agency shall determine if a proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment". .. A THE FOLLOWING PROJECTS WOULD NOT SIGNIFICANTLY ADVERSELY AFFECT THE QUALITY OF THE ENVIRONMENT: Non-land disturbing aCti~ities and minor land disturbing activi~es which would not be anticipated to significanf;lyadversely affect the quality of the environment include the following list. These tYJ?es of projects funded with state money would not be subject to environmental assessment of any kind. Hearing procedures outline in GEP A would not be applicable. I I 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 witlilin previously disturbed existing right-of-way. 1 c:c..-3 I I I. I I I I -I I I I I I I I I I I I b. Adding auxiliary lanes ~or localized purposes (weaving, climbing, speed changes, etc.), and correcting substandard curves and intersections within previously disturbed existing right- . of.way. c. Non-historic bridge replacement projects in existing alignment with no detour bridge. 2. Lighting, signing, pavement marking, signalization, freeway surveillance and control systems, and railroad protective devices. 3. Safety projects such as grooving, glared screen, safety barriers, energy attenuators, median barriers, etc. . 4. Highway landscaping and landscaping modification, rest area projects and truck weigh stations within previously disturbed existing right-of-way. 5. Construction of bus shelters and bays within existing right-of-way. 6. Temporary replacement of a highway facility which is commenced immediately after the occurrence of a natural disaster or catastrophic failure to restore the highway for the health, welfa:re,_and safety of the public. B. THE FOLLOWING PROJECTS MAY NOT SIGNIFICANTLY ADVERSELY AFFECT THE QUALITY OF THE ENVIRONMENT: For projects which will cause land disturbance and for which there is no anticipation that the project may significantly adversely affect the quality of the environment, certain Situ dies will be undertaken. These studies would serve to document whether or not the County or municipality should anticipate that a project might significantly adversely affect the quality of the environment. Documentation of the studies will be accomplished through the use of the "GEP A Investigation Studies" checklist. The types of projects, which would fall under the category, would include: 1. Bridge replacement projects on new location of with a detour bridge, where there are no significant adverse impacts to historic or archaeological resources, no involvement with Federally listed threatened and. endangered species and no significant adverse impact to wetlands. I 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 .md 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 weigh stations with no purchase of additional right-of-way. 2 ~c:.-lf I I I I.. I I I -I I I I I I I I I I I I 5. New location projects where there are no significant adverse impacts to historic or archaeological resources, no involvement with Federally listed threatened and endangered species and no significant adverse impact to wetlands. If studies demonstrate that the project will not significantly adversely affect the quality of the environment, project flles will be documented. If studies demonstrate that the project may significantly adversely affect the quality of the environment, development of an environmental effects report (EER) will be undertaken along with full GEP A compliance. C. THE FOLLOWING PROJECTS MAY SIGNIFICANTLY ADVERSELY AFFECT THE QUALITY OF THE ENVIROMENT: ]llis category of project may include major widening and new location projects. If such projects result in a significant adverse effect, an EER shall be prepared. D. EER PROCEDURE: .PEP A. calls for consideration of the "cumulative effect of the proposed government a.ctions on the environment......if a series of proposed government actions are related either geographically or as logical parts in a chain of contemplated actions". Therefore, EER's for sections of roadways to be widened or built as new location facilities will include all projects which are connected geographically or as logical parts in a chain of contemplated actions. 1. During preparation of an environmental effect report, the County or Municipality will consult with and solicit comments from agencies which have jurisdiction by law, special expertise, or other interest with respect to environmental impacts. 2. In compliance with GEP A the following shall be contained in the EER, at a minimum: a. Cover sheet; b. Executive summary; c. Alternatives, including the no-build; d. Relevant environmental setting; Geology, soils, water supply and wetlands, floral :fauna, archaeology/history, economic environment, energy, cultural resources; e. 'The environmental impact of the proposed action of the relevant setting 'and mitigation measures proposed to avoid or minimize adverse impact; f. Unavoidable adverse environmental effects; g. Value of short-term uses of the environment and maintenance and enhancement of its long-term value; h. Beneficial aspects, both long term and short term and its economic advantages and disadvantages; 3 C:~-5 I I I I I I I -I I I I I I I I I I I I i. Comments of agencies which have jurisdiction by law, special expertise, or other interest with respect to any environmental impact or resource; 3. At least 45 days prior to making a decision as to whether to proceed with the undenaking, publish in the ''legal organ of each County in which the proposed governmental action or any part thereof is to occur, notice that CJll environmental effects report has been prepared". 4. The County or Municipality shall send a copy of the EER and all other comments to the Director, EPD. 5. The County or municipality shall make the document available to the public and agencies, upon request. 6. A public hearing will be held in each affected county if at least 100 residents of the State of Georgia request one within 30 days of publication in the legal organ of an affected County. The responsible official or his designee my hold a public hearing if less than 100 requests are received. [The county or municipality is not relieved of other State legal requirements of . public hearings, however.] 7. Following the public notice period and/or public hearing, a summary of the document, comments received and recommendation as to whether to proceed with the action as originally prep2lred, to proceed with changes, or not to proceed will be prepared (Notice of Decision). 8. This decision document, when signed by the responsible official, will be sent to the Director, EPD, and an abbreviated notice of the decision will be published in the legal organ of each County in which the proposed governmental action or any part thereof is to occur. 9. A copy of the decision document, the EER and public hearing comments (if any) will be sent to the DEPARTMENT OF TRANSPORTATION, OFFICE OF ENVIRONMENT AND LOCATION and the DEPARTMENT OF NATURAL RESOURCES, ENVIRONMENTAL PROTECTION DIVISION for their files. DEPARTMENT OF TRANSPORTATION OFFICE OF ENVIRONMENT AND LOCATION 3993 A VIA TION CIRCLE A TLANTA, GEORGIA 30336 DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION 205 BUTLER STREET, SE SUITE 1152 ATLANTA, GEORGIA 30334 Any mitigation measures identified in the EER will be incorporated into the final project plans. Office of State Aid 4 ~c.-~ I I I- I. I I I i I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 Section li08 - Prosecution and Progress For this project the progress schedule required by Subsection 108.03, need not be submitted. ~C--' . I I I I I I I -I I I I I I I I I I I I August 7, 1995 DEPARTMENT OF TRANSPORTATION STA TE OF GEORIA SUPPLEMENTAL SPECIFICATION SECTION 109 - MEASUREMENT & PAYMENT (CITY/COUNTY CONTRACTS) 109.07 P'ARTIAL PAYMENTS: Retain as written except as follows: A. GENERAL: Delete "At the end of each calendar month"------and substitute "On the 10th day of each calendar month----". Office of State Aid ~~-~ .'1 I I I I I I ~I I I I I I I I I I I I \ . DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA May 21, 1998 SPECIAL PROVISION PRcoP ~530-59{d4S) SECTION 152 - FIELD LABORATORY BUILDING '. 152.03 Planit Laboratory Buildings: D~lete Items 3, 4, and 5 and substitute the following: ITEM: 3: 1 Each - Computer, IBM or IBM Compatible .- 540 Megabyte Hard Disk Drive (Minimum) - 3 1/2 inch High Density Floppy Disk Drive - CD-ROM Drive (4X Minimum) Windows 95 Operating System - Mouse Modem 9600 Baud (Minimum) - 1 Parallel and 2 Serial Ports - 16 Megabyte Random Access Memory Expandable to at Least 32 Megabytes - VGA Monitor - 486 Microprocessor Operating at 33 Megahertz (Minimum) ITEM 4: 1 Each - Printer (Desk Jet HP Letter quality printer) Materials and Research <:::...~-C\ I I I- I. I I I -I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICA TIONS JULY 1, 1993 Section 161 - Control of Soil Erosion and Sedimentation Retain a,~.written and add the following: It shall be the responsibility of the county or city to meet the requirements of Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the Erosion and Sedimentation Act of 1975, as currently amended. c::.. <=- - \ \J .. I I I. I I I I i I I I I I I I I I I I 'f August 4, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION (For "Off-System" Contracts Only) PelDP ~530-5q(~4S) .~;:: SECTION 400 - HOT MIX ASPHALTIC CONCRETE CONSTRUCI'ION 400.02 MATERIALS: Delete Items H. and J. and substitute the following: H. Bituminous Tack Coat: Asphalt Cement Grade PG 58-22, PG 64-22, PG 67-22 820.01 400.05.C.4: -.LEVELING COURSE: Delete second paragraph and substitute the following: Mixtures for leveling courses shall meet the requirements of the approved Job Mix Formula as defined in Subsection 400.06 and all appropriate requirements of Section 828 and will be subject to Acceptance as stated in Subsection 400.07.A. TABLE 400.05.C.4.a.: PATCHING AND LEVELING: Delete and substitute the following: Thiclmess Rate of Spread Type of Mix Up to 3/4" 3/4" to 1 1/2" 1 1/2" to 2" 2" to 3" Over 3" Up to 85 lbs./s.y. 85 lbs./s.y. to 165 lbs./s.y. 165 lbs./s.y. to 220 Ibs./s.y. 220 lbs./s.y. to 330 lbs./s.y. Over 330 Ibs./s.y. 4.75 mm Mix or 9.5 mm Superpave 9.5 mm Superpave 12.5 mm Superpave 19 mm Superpave 25 mm Superpave or 37.5 mm Superpave 400.05.D.l. TIDCKNESS OF LAYERS: I?elete and substitute the following: Minimum Maximum Maximum Layer Layer Total Mix Type: Thiclmess Thickness Thickness 37.5 mm Superpave 3" 5"* 25 mm Superpave 3" 5"* 19 mm Superpave 1 3/4" 3"* 12.5 mm Superpave 1 3/8" 2" 6" 9.5 mm Superpave 7/8" (85 Ib/s.y.) 11/2" 4" 4.75 mmJ\1ix 3/4" (80 Ib./s.y.) 1 1/8" 2" * On tren.ch widening, which is defined as widening no more than four feet in width, allow up to 6" per lift. ~ c:.... - \ \ I I I. I- I I I 1 I I I I I I I I I I I .. ,. p~ to P Ii' 5 30.it (Cl4 S) 400.0S.D.3. ROLLING OPERATION: Delete the last sentence and add the following: Pneumatic-Tired rollers shall be used in conjunction with breakdown rollers on all surface and subsurface (~ourses except that pneumatic-tired rollers may be excluded at the discretion of the Engineer when polymer modified asphalt is used in the Asphaltic Concrete mixtures. .-jj' ~~ . 400.0S.E. CONTINUITY OF OPERATIONS: Delete and substitute the following: .;-.: Plant produc:tion, transportation, and paving operations shall be so coordinated that a uniform continuity of operation is maintained. If spreading operations are interrupted, the Engineer may require that a transverse joint be constructed any time the mixture immediately behind the paver screed cools to less than 2500 F. .t-. 400.05.F.: CONSTRUCTION OF CONTROL STRIPS AND ,DETERMINATION OF TARGET DENSITY: Delete and substitute the following: Construction of control strips will not be requir~d and 96% of Laboratory Density shall be used to control cClmpaction or if job conditions warrant, the Engineer may establish a maximum practical den~;ity. For Asphaltic: Concrete with a plan spread rate of 125 IbsJycls.2 or less, density tests will not be required. These courses shall be compacted as follows: 1. -COMPACTION EQUIP:MENT: The compaction equipment must be in good mt:chanical condition and capable of compacting the mixture. The number, type, size, operation, and condition of the compaction equipment shall be subject to the approval of the Engineer. A minimum of the following equipment shall be required: a. One steel wheel breakdown roller weighing at least 10 tons or vibratory roller operating at low amplitude and at a minimum frequency of 47 Hz. b. One rubber tire roller weighing at least 8 tons or exerting at least 80 lbs.l in. 2 contact pressure. c. One steel wheel finishing roller weighing at least 8 tons or vibratory roller operating in static mode. -. " 2. ROLLlNG 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' cov,erages with the steel wheel finish roller. 400.0S.G.: MJXTURE NOT REQUIRING CONTROL STRIPS: Delete this Subsection. c:... C- - \ d.... I I I. I- I I I 1 .1 I I I I I I I I I I r 400.06.A.8. Delete and substitute the following: peLDP 8530 _SC1( d4S) 8. The: results of a design study providing the necessary information to conform to the . appropziate requirements of Section 828. . The Hot Mix Producer shall be responsible for all asphaltic concrete mix designs. A period of two weeks from the date batched materials are received shall be allowed for mix design verification by the Office of Materials and Research. '. ~ 1 All proposed Job Mix FormulaS shall be submitted for approval at least two weeks prior to beginning mixing operations. No Hot Mix Asphaltic Concrete work shall be started nor shall any mixture be accepted until the Engineer has approved a Job Mix Formula for the mixture to be used. ~; r 400.07. ACCEPTANCE PLANS: Delete all references to pay adjustments and pay factors. In addition, dell:::te 400.07.A, Gradation and Asphalt Cement Content, and substitute the following: A. HOT MIX PRODUCER ACCREDITATION OF MATERIALS SAMPLING AND TESTING OF ASPHALTIC CONCRETE: Asphaltic. Concrete Mixture shall be randomly sampled and.tested-by the Hot Mix Producer or Hot Mix Producer's Representative. In addition, these tests rc:sults may be used for Acceptance on a Lot basis. Failure to comply with the requirements listed herein may subject the plant facility to removal from the list of approved Hot Mix Asphaltic Concrete Plants (QPL-45). A Lot shall consist of the number of tons of Asphaltic Concrete produced and placed each production day; however, if this production is less than 500 tons, or its square yard equivalent, it may be incorporated in the next working day's production. In the event the final day's production is insufficient to constitute a Lot, it may be included in the Lot for the previous day's run, or at the discretion of the Engineer, may be treated as a separate Lot with a corresponding lower number of tests. 1. QUALITY CONfROL PROGRAM: This Quality Control Program allows the De:partment to accept the Hot Mix Producer's quality control tests as Acceptance Tests for Asphaltic Concrete mixtures. The Hot Mix Producer's Quality Control Program as established in S.O.P. 27, "Quality Assurance for Hot Mix Asphaltic Concrete Plants in Georgia, II shall include, but not be limited to: a. The assignment of all quality control ~esponsibilities to specifically named individuals who have been duly certified by the Office of Materials and Research. 1; b. Provisions for prompt implementation of control and corrective measures. c. Provisions for liaison with the Project Manager, Bituminous Construction Engineer and Testing Management Operations Supervisor at all times. The Hot Mix Producer shall provide at least one day's notice prior to beginning production, or prior to resuming production if operations have been temporarily suspended. d. Provisions for reporting daily through Office of Materials and Research computer Bulletin Board Service (BBS) the test results for extractions, lime checks, and stripping tests. c:::... <:.- - \ 2> I {' I I. I I I ~I ~I I I I I I I I I I I I " '" pe LOf 8"530-51 (24S) Other tests, checks, calibrations, etc. will be reported on a form developed by the Hot Mix Producer and shall become a part of the project records. " The Quality Control Program shall be submitted to the Office of Materials and Research for initial approval. Thereafter, the Quality Control Program shall be included as part of the certification in the semiannual Plant Inspection Report. ii! ~ ~ 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 AHphaltic Concrete Mixtures will be acceptable for certification by the Department provided other contract requirements are met. .., ~ i:- t.: '. ,. .. " ,. The designated Quality Control personnel must be certified by the Office of Materials and Research prior to comme~cement of work. Th.ere are two certification Levels for Quality Control Technicians. To become a certified Level 1- Quality Control Technician (QCT), such persons must be able to demonstrate that they are competent in :performing the process control and acceptance tests and procedures related to Hot Mix Asphaltic Concrete production. The Level 2-QCT shall, in addition to Level 1 requirements, be capable of and responsible for making process control adjustments. lbJ::: Engineer shall be notified in writing of any change in Quality eontrol personnel. The: Hot Mix Producer shall have at least one designated QCT person at the plant at all times except when daily total weight for all mix types is to be greater than 250 tons. If daily production for all mix types of the plant is 250 tons or less, the QCT may be responsible for conducting tests at up to two plants, subject to random number sekction. In addition, the Hot Mix Producer is also required to have available, either at the plant site or within immediate contact by phone or radio, a Level 2-QCT person responsible for making l'rompt process control adjustments as necessary to correct the nux. t 3. SAMPLING, JESTING AND INSPECTION REQUlREMENTS: Mixtures shall be randomly sampled according to GDT -73 (Method C) and tested by the QCT on a Lot basis at a minimum frequency of one test per 500 tons. A copy of the computer gent:rated random sampling data shall be maintained as a part of the project records. The Hot Mix Producer's QCT shall perform all Sampling and Inspection duties in accordance with GSP-21. All sample containers, e~actants, forms, diaries and other supplies shall be furnished by the Hot Mix Producer and are subject to approval of the Engineer. The Hot Mix Producer's QCT shall perform extraction or ignition (GDT-83 or GDT- 125), or digital print-out for asphalt cement content, and gradation analysis (GDT-38) of samples of the mixture produced each day and sampled in accordance with GSP- 15. The extracted aggregate shall 'be properly labeled, stored in a suitable container and :;ecured in a protected environment. If these samples are not procured by the Department within three working days, they may be discarded. If the ignition oven is used, a printout of sample weights shall become a part of the project records. ;.. ,: ,. <;:., '==- - \ ~ I I I- I I I I ~I I I I I I I I I I I I PCLOP 8'530 -~( t14s) '.1: TIle Hot Mix Producer shall maintain a Process Control Flow chart for each sieve specified on the Job Mix Formula and including the percent asphalt cement content. Such chart shall include a graph plot of the deviations from the Job Mix Formula for each test as well as . the allowable range based on the Mixture Control Tolerances specified in Section 828. A~ ~., itf ~, If an Acceptance test result is outside Mixture Control Tolerances specified in Section 828, the QCT shall immediately notify the Testing Management Operations Supervisor of results. The Level 2-QCT shall determine if a plant adjustment is needed and immediately run a Process Control sample. If the Process Control sample is also out of Mixture Control Tolerances, an immediate plant adjustment shall be required and additional Process Control samples shall be taken as necessary to assure the corrective action taken was appropriate to control the mix. ~~ ~ ... t~ .~,~ lfthe Hot Mix Producer's QCT obtains 2 consecutive Acceptance samples out of the Mixture Control Tolerances specified in Section 828, production shall stop immediately. Mixture already in storage which deviates no more than 10% in gradation and no more than 0.7% in asphalt cement content from the Job Mix FOirmula may be transported to and placed on the project subject to visual inspection and density and smoothness requirements. Any mixture remaining in surge bins or silos shall be rejected and disposed of at the Hot Mix Producer's expense if a sample . representative of the mixture deviates more than 10% in gradation or more than 0.7% in asphalt cement content from the Job Mix Formula. A plant correction shall be made prior to resuming production. Upon restarting production, no mixture shall be transported to the project before test results of a Process Control sample from the mixture indicate that quality control of the mixture has been restored by meeting Mixture Control Tolerances. Any mixture produced at initial restarting that does not mel:::t Mixture Control tolerances shall be rej ected. The QCT shall measure the temperature of the mixture and record the results on the load ticket each time a sample is taken. The respective load ticket shall also be signed by 1he 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 shaJll be checked for accuracy a minimum of twice weekly during production and the results of these calibration checks shall be posted at the plant for review. Additionally, records of materials (Asphalt Cement, Aggregates, Hydrated Lime, etc.) invoices shall be made available upon request. ..; ,-. 4.. COMPARATIVE AND. QUALITY ASSURANCE PROGRAM: Periodic comparative testing will be required of each QCT and will be coordinated by the Department to monitor consistency of equipment and test procedures. In addition, the Department will take independent samples to monitor the Hot Mix Producer's Quality . Control Program. For clarification, Department samples taken from opposite quarters of Dlaterial sampled by the Hot Mix Producer are def'..;~ed as Comparison Samples. Othc:r independent samples which are' taken by the Department from material produced during the same Lot are defined as Quality Assurance samples. This Program is further defined as follows: ~C- - \.s- I I I. I I I I -I I I I I I I I I I I I " . PfLoP 8'530 jJ(;<4~) a Comparison Sampling and Testing: During the quartering process of Hot Mix samples, the opposite quarters from the test specimen shall be labeled by the QCT and retained for Department comparison testing. In addition, the remaining material removed from the total sample shall be labeled and retained for possible Referee testing. These samples shall be stored iIi a suitable container and secured in a protected environment If the Hot Mix Producer's Acceptance Test results are within Mixture Control Tolerances and if the Department does not procure these retained samples within three working days of the represented mix being produced, these samples may be discarded. loJ- (. :(; The Department will test comparison samples on a random basis at a frequency deemed necessary to assure that the Hot Mix Producer's testing techniques are yielding accurate results. Results of Department tests will be compared to the respective Hot Mix Producer's Acceptance tests. The maximum tolerance allowed for Comparison Samples as defined above shall be ~ follows: MAXIMUM DIFFERENCE SIEVE SIZE 25mm 19mm 12.5 mm 9.5 mm 4.75 mm 2.36 mm 75 JlID. A.C. SURFACE SUBSURFACE 5.0% 5.0% 4.0% 4.0% 3.5% 3.0% 2.0% 0.5% 3.5% 3.5% 2.5% 2.0% 0.4% If Comparison tests are within these tolerances, production may continue and at the discretion of the Engineer, the Hot Mix Producer's tests can be used as the acceptance tests for the affected Lot. If test results are not within these tolerances, the corresponding Referee Samples shall be tested by another Departmental Technician and compared to the tolerance for Comparison Samples as given ,above. If test Results of Referee Samples, when compared to the respective QCT's sample, are within these tolerances, the Hot Mix Producer's tests can be iused as Acceptance Tests for the effected Lot If tests results are not within these ltolerances, the Hot Mix Producer's Quality Control methods shall be reviewed by the Office of Materials and Research and a thorough investigation will be made if deemed necessary. ..J,: b. Quality Assurance Sampling and Testing: The Department will take samples for 1he 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. ;.:. c:.. '- - \ (0 I I I. I I I I ~I I I I I I I I I I I I .. .. , PRtoP gS;3031((X4~ I:' The Department shall randomly take and, test a mmtmum 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. ~; I; ~ The maximum tolerance for QA samples as defined above, when compared to the Job Mix Formula, shall. be the same as the Mixture Control Tolerances as outlined in Section 828. If test results are not within these tolerances, the Department may take another sample from' the respective mix. If tests results of the additional. sample are within these tolerances, production may continue. If test results of the additional sample are not within these tolerances, production may continue but the Department will investigate by taking random samples from throughout the Lot in accordance with Subsection 400.07.F. These samples shall be Used for Acceptance and the Hot Mix Producer QCT test results for the respective Lot will not be included in the Lot calculations. ~ Should the Engineer determine that Quality Control requirements are not being met or that unsatisfactory results are being obtained, prompt corrective action shall be taken by the Hot Mix Producer. Failure to take prompt corrective action will be cause for the Engineer to discontinue acceptance of the mix. If the Engineer determines that any material is unac'ceptable to leave in place, the material shall be removed and replaced at. the Hot Mix Producer's expense. Any test results for materials not used in the Work shall not be included in the calculations for Lot Acceptance. If it is determined by the Department that the QCT has not followed procedures specified in GSP':'21 or has provided erroneous information, his or her certification may be withdrawn, and the Hot Mix Producer may be subject to punitive or legal action. Technicians who lose their certification due to falsification of test data will not be eligible for re-certification in the future unless :approved by the State Materials and Research Engineer. In-place material Jrepresented by unacceptable tests will be evaluated by cores in accordance with Subsection 400.07.F. These core samples shall be used for acceptance. 5. GRADATION AND ASPHALT CEMENT CON1ENT: Quality Acceptance of the mixture will be based upon the mean of the devi~tions from the Job Mix Formula for control sieves and asphalt cement content of the specified number of test results per Lot This mean will be determined by averaging the actual numeric value of the individual deviations from the Job Mix Formula, disregarding whether the deviations are positive or negative amounts. The samples shall be taken randomly in accordance with GDT-73. In the event that the designated random load is not sampled, or less than the specified number of samples are taken, the Hot Mix Producer shall take at least two representative six inch cores from the roadway (to assure adequate sample size). These cores shall be taken. from the area where the appNpriate random load was placed, or for each portion of mix that was not sampled, and acceptance will.be based on the mean of the deviations from the Job Mix Fomlula of the total number of tests run. ~C:- .\1 I I I. I- I I I ~I I I I I I I I I I I I pR..~oP '6530 _11 (::(45) \ Felr asphalt cement content only, on plants with digital recorders, digital printouts of liquid asphalt cement weights may be substituted in lieu of an extraction test The as:phalt cement content shall be calculated from the ticket representing the mixture teHted for gradation. The asphalt cement content calculated from each ticket will be considered a test. . (h ii. f,' ~. TIle control sieves used in Quality Acceptance for the various types of mix are as indicated below: iili \,.1 7:': TABLE 400.07.A MIX TYPE MIXTURE CONTROL 37.5 mm Superpave 25 mm, 2.36 mm Sieves and Asphalt Cement 25 mm Superpave, __ . _ .1J mm Superpave 12.5 mm, 2.36 mm Sieves and Asphalt Cement 12.5 mm Superpave 9.5 mm, 2.36 mm Sieves and Asphalt Cement 9.5 mm Superpave 4.75 mm, 2.36 mm Sieves and Asphalt Cement 4.75 mm Mix 2.36 mm Sieve and Asphalt Cement 400.07B.: COMPACTION: Delete this Subsection and substitute the following: The compaction of the mixture as determined by either GDT-39, or GDT-59, will be accepted in Lots as defined in Subsection 400.07.A. and shall be within the same Lot boundaries as the mixture acceptance. The mean density of the pavement placed within .each Lot will be calculated by averaging the results of tests: nm on randomly selected sites in that Lot The random sites shall be selected using GDT-73" 400.07.C.: SURFACE TOLERANCE: Delete this Subsection and substitute the following: ~: All paving shall be subject to visual and straightedge inspection during Construction operations and thereafter prior to final acceptance. A 10 foot straightedge shall be retained in the vicinity of the paving opl~ration at all times for the purpose of measuring surface irregularities on all courses. The straightedge and labor for its use shall be provided by ~e Hot Mix Producer. The surface of bas(~, intermediate, and surface courses shall be inspected with the straightedge as necessary to dl~tect irregularities. All irregularities.in excess of 3/16 inch in 10 feet for base, intermediate, atld 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 ope:rating technique shall not be permitted to recur and the paving operation shall be stopped unless ,appropriate steps are taken by the Hot Mix Producer to correct the problem. r ~c:..-\S I I I- I I I I .-1 I I I I I I I I I I I PRlDP '?53Q?i (011S) 400.07.D.: MATERIALS PRODUCED AND PLACED DURING ADJUSTMENT PERIOD: Delete this Supsection. 400.07.F RE:EV ALUATION OF LOTS: Add the following to the first paragraph: Re-evaluatioIl of Lots and acceptance will be based on Department evaluations. All costs of these evaluations shall be at the Hot Mix Producer's expense. :~ ~-C--\C\ I I I, I I I I ~I I I I I I I I '1 I I I - . May 21, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA \. '.' SPECIAL PROVISION Pi Lo P~53() - Sq (;).45') SECTION 402 - HOT MIX RECYCLED ASPHALTIC CONCRETE ~: ; 402.02.A. RAP MATERIAL: Delete the next to last paragraph and substitute the following: RAP containing either local sand or alluvial gravel will not be allowed in mixtures used on interstate projects except for shoulder construction. When used in shoulder construction, the use of RAP contllning either local sand or alluvial gravel shall be limited such that the sand or gravel makes up no more than 20% of the total aggregate portion of the mix. When used in mainline and ramp construction of non-interstate projects, the percentage of RAP containing alluvial grave:l shall be limited such that the gravel makes up no more than 5% of the total aggregate pOltion 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 IT owy aggregate is to be used, RAP which consists primarily of Group IT aggregate, but contains some Group I aggregate shall be limited such that the Group I a.ggregate makes up no more than 5% of the total aggregate portion of the mix. When a Blend I mix is specified, any Group I aggregate in the RAP shall be considered when determining the Group I portion allowed in the total mix as specified in Section 828. The percentage of local sand, alluvial gravel, and Group I aggregate in the RAP will be determined through petrographic analysis or available records. 402.02.C. RECYCLED MIXTURE: Delete and substitute the following: The recycled mixture shall be a homogeneous mixture of RAP material, virgin aggregate and neat asphalt c~:ment. Further, the mixture shall be appropriately treated with an approved anti- stripping agen1~ either a heat stable anti-stripping additive or hydrated lime. The agent chosen shall be at the Hot Mix Producer's discretion except where noted in the Pay Item Designation. The mixture shall conform to an approved mixture design meeting the requirements outlined in Section 828. 'Where hydrated lime is used, it shall be added at a rate of 1.0 percent of the virgin aggregate portion plus 0.5 percent of the aggregate in the RAP portion of the mixture. Where heat stable anti,-strip additive is used, it shall be added at a rate of 0.5 percent of the neat asphalt cement added t,o the mixture. ,. c:::.-. c:.....- ~ 0 I I I, I R .1 I i I I I I I I I I I I I PELOP 8 530-11 (~45)' 402.05 PAYMENT: Add the following: Item No. 402 Recycled Asphaltic Concrete, ~ Supezpave, GrouP-Blend. Including Bituminous Material........ ......... ....................... .................. per Ton Item No. 402 . Recycled Asphaltic Concrete, Tvpe Supezpave, Group-Blend. Including Bituminous Material and Hydrated Lime ............................. per Ton Item No. 402 Recycled Asphaltic Concrete, ~ Supezpave, GrOuP-Blend. Including Polymer-Modified Bituminous Material and Hydrated Lime.... per Ton Item No. 402 Inches Recycled Asphaltic Concrete, ~ Supezpave, Group-Blend. Including Bituminous Material.. ........................... per Square Yard Item No. 402 Inches Recycled Asphaltic Concrete, ~ Supezpave, Group-Blend. Including Bituminous Material .-. ~du?ydrated Lime.. ...............~..................................................... per Square Yard Item No. 402 Inches Recycled Asphaltic Concrete, ~ Superpave, Group-Blend. Including Polymer-Modified Bituminous Material and Hydrated Lime ......................................................................... per Square Yard Materials and Research \:::- c:., - ~ \ I I B. I I I I 1 I I I I I I I I I I I . . May 21, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION fl LoP ~530 -51(~4S) SECTION 820 - ASPHALT CEMENT Delete and substitute the following: 820.01 SUPERPA VE ASPHALT BINDER: This Section covers asphalt cements which have been prepared from crude petroleum by suitable methods. The asphalt cements shall be . homogenous, free from water and shall not foam when heated to 1750 C. Blending of asphalt cements to produce a specified performance grade shall result in a uniform, homogenous blend with no sepaIation. The neat asphalt cement proposed for use in Asphaltic Concrete shall meet the following r~quirements for PG 64-22 or PG 67-22 and be production materials ("straight- run") that have not been "air-blown" to achieve the performance grade (pG). PG 58-22 may be used as Bituminous Tack Coat or in Bituminous Surface Treatment. Only Styrene-Butadiene- Styrene (SBS) or Styrene-Butadiene (SB) shall be added to the neat asphalt cement, ifneeded, to produce a binder that complies with the following requirements for PG 76-22. 1. Test Requirements lEST AND METHOD ORlGINAL TEST lEMPERATIJRE BINDER RESIDUE OF BINDER AFTER: PG PG PG PG Rolling Thin-Film Pressure Aging 58-22 64-22 67-22 76-22 Oven AASHTO: TP5 AASHTO: PP-I Flash Point, AASHTO: T-48 Mill. 2300 C Viscosity (a), 3Pa-S AASlITO:TP-48 Moc 1350 C (3000CP) Mass Loss (%), 11m:. - AASHTO: T-240 (b) 0.5 Dynamic Shear, 580 C 640C 670C 760C ~ 1.0 kPa ~ 2.2 kPa G*/sincS, AASHTO: Phase TP5, 10 RadlSec Angle < 75 deg. Dissipated Energy, Dynamic Shear, 250C ~ 5000 kPa G*sincS, AASHTO: TP5, 10 RadlSec Creep Sti.ffuess (c), S ~ 300,000 kPa 60 sec. AASHTO TI'1 - 120 C m> 0.300 Direct Tension, 1.0 mmlmin. AASHTO: - 120 C Report TP3, Failure Strain ~<:,-~~ I I I. I I I I .1 I I I I I I I I I I I 820.01 (Continued) fR(o P '3530- 5'1 (;1,45) (a) This. requirement may be waived at the discretion of the Department if the supplier warrants that the asphalt binder can be adequately pumped and mixed at temperatures that meet all applicable safety standards. .:,~ ~: (b) Heat loss by AASHTO: T -179 may be accepted in lieu of mass loss by AASHTO: T-240. (c) If the creep stiffuess is below 300,000 kPa, the direct tension test is not required. If the creep stiffuess is ~ 300,000 kPa, the Direct Tension Failure Strain value shall be reported. The m-value requirement shall be satisfied in either case. If modification is required, the composite materials shall be thoroughly blended at the supply facility prior to being loaded into the transport vehicle. All blending procedures, formulation, and operations shall be approved by the Office of Materials and Research. 2. Certification: Certified test results of laboratory blends for proposed PG asphalts shall be provided by a certified laboratory, approved by the Office of Materials and Research, for each specification characteristic of the asphalt cement proposed for shipment. The certified results shall be provided to the State Materials and Research Engineer in compliance with Standard Operating Procedure (SOP)-4. In th(: event there is reason to suspect a sample will be outside specification limits, the State Materials and Research Engineer may interrupt the production until test results are known. f.: .~ . Materials and Research ~c::...-d-3 I I I. I I I I ~I I I I I I I I I I I I May 21, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA . 'i ,. .". ..~:~~ SPECIAL PROVISION PRlOP t53D -61CJ.45) . ~.; I SECTION 828 - HOT MIX ASPHALTIC CONCRETE MIXTURES Delete and substitute the following: 828.01 DESCRIPTION: lbis specification covers the requirements that are applicable to all Hot Mix Asphaltic Concrete Mixtures. Materials used in the preparation of these mixtures shall be approved by the Engineer prior to incorporating in the Work. This work consists of produci.Q.g and constructing one or more .courses of hot mix asphalt pavement. Superpave mixes shall be designed in accordance with the Superpave System for Volumetric Design (AASHTO TP4 and AASHTO PP2) to meet test properties as sho'WIl unless otherwise stated herein. All mixtures are designated baSed on the Nominal Maximum Sieve Size as defined m Subsection 828.02 and shall conform to the following unless otherwise stated herein: A. The Contract Pay Item will specify the aggregate group, or blend, where applicable. See Subsection 828.04 for explanation of aggregate groups and blends. B. The :percent finer than 75Jlm will be determined' in accordance with GDT-2, Alternate A or B. C. Mixture Control Tolerances are based on the results of individual tests and are for mix uniformity control purposes only. D. Group I or Group II aggregate or a blend of both may be used for patching or leveling. Mixes for patching and leveling are listed in Subsections 828.02 and 828.03. E. Hydrated lime shall be included in all paving courses except where noted. The lime shall be added at a minimum rate of one percent of the total dry aggregate weight. In recycled mixtures, lime shall be added at a minimum rate of one percent of the virgin . aggre,gate portion plus a minimum of 0.5 percent of the aggregate in the Reclaimed Asphalt Pavement (RAP) portion of the mixture. Additional lime, as well as an approved heat stable anti-stripping additive, which meets requirements of Subsection 831.04, may be required in any particular mixture when necessary for satisfilction of governing Specification requirements. No additional payment will be made by the Department for any such required additional materials. . ;;: ",:' ~. :. ~~-d..~ I I I I I I I --I I I I I I I I I I I I .. . 828.01 (CoDltinued) Pel.Op 8'530-11 0.4S) ~~.: F. On projects designated at Mix Design Level A, as designated in the project Plans or project General Notes, the Asphalt Cement (AC) used in all mixtures may, at the Hot Mix Producer's discretion, include an approved heat stable anti-stripping additive, whic~h meets requirements of Subsection 831.04, in lieu of hydrated lime unless noted .otherwise. The addition rate will be a minimum of 0.5 percent of the AC portion. Whc:n a heat stable anti-stripping additive is used in these mixes in lieu of hydrated lime" the minimum tensile splitting ratio will be 0.4 for Asphaltic Concrete 4.75 mm mix and 0.6 for all other Asphaltic concrete mixtures. G. Asphalt Cement used in production of asphaltic concrete mixtures shall meet the requirements of Subsection 820.01. Asphalt Cement used in the production of these mixtures shall meet requirements of Subsection 820.01. The AC used in all mixtures shall be PG 67-22 with the following exceptions: a~.E.9rprojects designated at Mix Design Level A, as designated in the project Plans or project General Notes, PG 64-22 may be used at the discretion of the Hot Mix Producer. b. For mixtures which utilize Reclaimed Asphalt Pavement (RAP), the AC grade to be used will be determined by the Engineer. c. AC meeting requirements of PG 76-22 shall be used in the top dense-graded surface course, excluding shoulder construction, for projects or portions of a project designed at Level C or D, as designated in the project Plans or project General Notes. H. LocaJl sand, not to exceed 20% of the total aggregate weight, may be used as an ingredient in all Asphaltic Concrete mixtures placed on the mainline and ramps of non- interstate routes designed at Mix Design Level A. On non-interstate projects designed at Mix Design Level B, C, or D, as designated in the project Plans or project General Note~:, the use oflocal sand shall be limited to Asphaltic Concrete 37.5 mm Superpave and 25 nun Superpave mixtures only and shall not exceed 20% of the total aggregate weight. However, up to 20% local sand, based on the total aggregate weight, may be allowed as an ingredient in all Asphaltic Concrete mixtures used for shoulder construction unless specified otherwise. :; ~C--~S'" I I I- I I I I i I I I I I I I I I I I . . . . 828.01 (Continued) pelof gS3{) _5~(;(4S) 1. When allowed, local sand shall meet the following .gradation requirements: GRADING REQUIREMENTS % Passing 12.5 mm Sieve 100 % Passing 9.5 mm Sieve 90-100 % Passing 4.75 mm Sieve 80-100 % Passing 2.36 mm Sieve 60-100 % Passing 300 J.1m Sieve 12-70 % Passing 75 J.1m Sieve 2-15 The clay content of local sand shall be no more than 7%. Local sand shall also be free of clay lumps as determined by AASHTO: T 112. 828.02 SUPERPA VE ASPHALTIC CONCRETE MIXTURES A. Gradation Requirements: Supe:rpave utilizes the FHW A 0.45 Power gradation chart to define permissible gradations. This chart uses a unique graphing technique to judge the cumulative partide size distribution of a blend. The ordinate (y axis) of the chart is percent passing, ranging from zero to one hundred percent The abscissa (x axis) is an arithmetic scale of sieve size opening in microns raised to the 0.45 power. Supe:rpave defines nominal maximum sieve size and maximum sieve size as follows: Nominal Maximum Sieve Size: One standard sieve size larger than the first sieve to retain more than ten percent (10.0%). Muximum Sieve Size: One standard sieve size larger than the nominal maximum size. ~ The 0.45 power maximum density line is drawn from the origin to one hundred percent (100.0%) passing the maximum sieve size. Gradation control limits are based upon the nominal maximum size. There is also a "restricted zOne," that is an area on either side of the maximum density line generally starting at the 2.36 mm sieve and extending to the 0.30 mm (300 J.1Dl) sieve. It is recommended that gradations be developed avoiding the re~:tricted zone. The Office .of Materials and Research may approve use of mixtures which have gradations that .enter the restricted zone provided the Hot Mix Producer suppli,::s acceptable test results of special proof-testing requirements as described in Subseetion 828.05, Rutting Susceptibility Testing. ~. ;i '.. 1: . .. ~.C-- ~~ I I I I I I I i I I I I I I I I I I I PElOp~530-5rd.4S\ 828.02 (Continued) TABLE 828.02.A.1. JOB MIX FORMULA AND DESIGN LIMITS MIX11JRE: CONIROL ASPHALTIC 9.5 mm 12.5 mm 19mm 25mm 37.5 mm TOLERANCE CONCRETE Superpave Superpave Superpave Superpave Superpave ,. .. Grading Requirements Percent Passing . :1=0.0 50 mm Sieve 100 :1:6.0 37.5 mm Sieve 100* 90-100 :1:6.0 25.0 mm Sieve 100. 90-100 15-90 :1:6.0 19.0'mm Sieve 100. 90-100 :1:6.0 12.5 mm Sieve 100. 90-100 23-90 19-90 :1:5.6 .- . . - 9:5 mm Sieve 90-100 28-90 :1=5.6 4.75 mm Sieve 32-90 :1:4.6 2.36 mm Sieve 32-67 28-58 23-49 19-45 15-41 :1=2.0 75 um Sieve 2-10 2-10 2-8 1-7 0-6 Recommended Restricted Zone 4.75 mm Sieve 39.5 34.7 2.36 mm Sieve 47.2 39.1 34.6 26.8-30.8 23.3-27.3 1.18 mm Sieve 31.6-37.6 25.6-31.6 22.3-28.3 18.1-24.1 15.5-21.5 600 J.1m Sieve 23.5-27.5 19.1-23.1 16.7-20.7 13.6-17.6 11.7-15.7 300 J.1m Sieve 18.7 15.5 13.7 11.4 10.0 · Mhcture Control Tolerance not applicable to this sieve for this mix. Note: When plotted on the 0.45 power gradation chart, the mixture target gradation shall pass below the: restricted zone for projects designed at Level B, C, or D as designated in the project Plans or project General Notes, unless Rutting' Susceptibility testing in Subsection 828.05 indicates the mix is resistant to rutting. The Mixture Control Tolerance for asphalt content shall be:t 0.4%. ~C-::Ll .~~; l~ '., ...~ :~~ :;.: I I I, I. I I I i I I I I I I I I I I I' " 828.02 (Coll!tinued) pi {O P '3530 _5'1 (ex. 4S) B. Design Requirements: The mixture design properties shall be determined in accordance with the SupeIpave mixture design system except as noted. The SupeIpave gyratory compaction effort employed shall conform with Table 828.02.B.4. TABLE 828.02.B.l. "SUPERPA VE MIXTURE DESIGN VOLUMETRIC CRITERIA Design Parameter Design Criteria a. Percent of Maximum Specific Gravity (%G~ at the design 96% number of gyrations, (Nd) b. % Gmm at the initial number of gyrations, (NJ <89% c. % Gmm at the maximum number of gyrations, (Nm) <98% d. Percent vcrids- in-mineral aggregate (VMA) at Nd See Table 828.02.B.2. e. Percent voids filled with asphalt (VF A) at Nd See Table 828.02.B.3. f. Fines to effective asphalt binder ratio (F/Pbe) 1. Mixtures designed above or through the Restricted Zone 0.6-1.2 2. Mixtures designed below the Restricted Zone 0.8-1.6 g. Tensile strength (GDT 66) 1. Ratio 80% min. 2. Stress 400 kPa min. h. Retention of Coating (GDT 56) 95% min. Maximum spe:cific gravity (Gmm) determined in accordance with AASHTO T 209. TABLE 828.02.B.2. . SUF'ERPA VE VOIDS IN MINERAL AGGREGATE (VMA) CRITERIA Nominal Maximum Sieve Size (mm) Minimum % VMA 37.5 11 25.0 12 19.0 - 13 12.5 14 9.5 15 VMA is to be determined based on effective specific gravity of the aggregate (Gse). . ~c -"d..<1J ",. '.' I I I I I I I i I I I I I I I I I I I . . . 828.02 (Continued) . ~~ Pt(6P g 530 - C~4-S) TABLE 828.02.B.3. SlUPERPA VE VOIDS FILLED WITH ASPHALT (VFA) CRITERIA RANGE , MIX DESIGN LEVEL Minimum Maximum A 70 80 B 65 78 C 65 75 D 65 75 TABLE 828.02.B.4. SUPERPA VE GYRATORY COl\1PACTOR (SGq . COl\1P ACTION CRITERIA MJX DESIGN LEVEL Nini Ndes Nmax A* 5 76 . 117 B 7 86 134 C 8 96 152 D 8 109 174 * Note: This gyratory compaction level shall be used for all Superpave mixes used in shoulder construction and for sub-base mixture under Portland cement concrete pavement c::., c:., - ~ ~ I I I I, I I I i I I I I I I I -I I .1 I .'" PilOP 8530 _5~(";J.4S) 828.03 CONVENTIONAL FINE GRADED MIXTURES JOB MIX FORMULA AND DESIGN LIMITS MIXTURE CONTROL TOLERANCE TYPE MIXTIJRE 4.75 mm GRADING REQUIREMENTS ::1:0.0 % Passing 12.5 mm Sieve 100 ::1:5.6 % Passing 9.5 mm Sieve 90-100 ::I: 5.7 % Passing 4.75 mm Sieve 75-95 ::1:4.6 % Passing 2.36 mm Sieve 60-65 ::I: 3.8 % Passing 300 um Sieve 20-50 ::1:2.0 % Passing 75 um Sieve 4-12 DESIGN -."'. ..- .- REQUIREMENTS ::1:0.4 Range for % AC 6.00 - 7.50 nJa Design Ontimum Air Voids (%") 5-7 nJa % Aggregate Voids Filled with AC 50-80 Tensile Splitting Ratio After nJa Freeze Thaw Cycle (GDT 66). Min. 0.8 nJa % Retention of Coating 95 . (GDT 56) * Mixture Control Tolerance not applicable to this sieve for this mix. Note: This mirnn-e shall be compacted at 50 gyrations with the Superpave Gyratory Compactor. ~c::.. - 3 <0 I I I. I. I '1 m i I I I I I I I I I I I fDoP<g S30j'i{ d.4S) 828.04 AGGREGATE GROUPS ALLOWABLE The aggregate group or blend which may be used for each mixture will be specified with the Pay Item description. A description of the aggregate groups and blends which may appear in the Proposal and Plans are defined as follows: PAY ITEM DESIGNATION EXPLANATION OF AGGREGATE GROUPS ALLOWABLE Group I or II 100% Group I, 100% Group IT, or any blend of the groups may be used. Group IT only 100% Group IT only is required. Blend I Either 100% Group IT material or a blend of Group I and Group II aggregate is allowed. The Group I fraction shall not exceed 60% by weight of the total aggregates nor contribute more than 50% by weight of the coarse aggregate portion. 828.05 RUTTING SUSCEPTIBILITY TESTING: The Office of Materials and Research may run a rutting susceptibility test on any asphalt mixture used in construction. Results of tests with the Aspbalt Pavement Analyzer shall be provided for any mixtures designed by a Certified Hot Mix Producer or Independent Testing Laboratory. The rutting susceptibility test will be conducted according to GDT Test Procedure 115. Each mix will have 3 specimens fabricated and tested. If the average rut depth for the 3 specimens exceeds 5 mm for SMA and Superpave mixes and 7 mm for the 4.75 mm mix, that asphaltic concrete mixture shall not be used in the Work. 828.06 FATIGUE TESTING: The Office of Materials and Research may conduct a fatigue test on any Su:perpave asphalt mixture design or Superpave asphalt mixture used in construction to determine :acceptability of the materials. The test shall be performed according to test procedure AASHTO TP 8-94, or other procedure approved by the Office of Materials and Research. Materials and Research ~ ~ -:5 \ I I I I I I I -I I I I I I I. I I I I I .. ~. DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Revised March 1, 1988 SPECIAL PROVISION Modification of Standard Specification SECTION 228 - GRADING (MODIFIED), INCLUDING HAUL (For County Contract Only) PROJECT NO.: f f?, Lof g 530 - sq (cR 45 ) 228.01 DESCRIPTION:This item consists of excavation of all materials of whatever nature including borrow if required, to alignment, grade and typical cross-sections shown on the plans; or as directed by the Enginee,r, all necessary hauling, formation of embankments, shoulder construction, subgrade construction, ditch excavation, finishing and dressing, replacement of unsuitable material removed from the subgradi3,.anct disposal of any unsuitable or surplus material. It shall include the removal and disposal of miscellaneous roadway items including, but not limited to, curbs, drainage structures and pavements, unless established as separate contract items. It shall also include all necessary clearing and grubbing! in accordance with Sections 201 and 202, required to complete the work unless these items have been established as pay items in the contract. 228.02 MATERIALS: All suitable material excavated, including that taken from trenches, roadway ditches and ~;Iopes, shall be used in forming embankments as far as practicable. Surplus or unsuitable materials shall be used in flattening slopes of embankments, backfilling washes or ditches, or wasted back of the construction lines as directed. 228.03 CONSTRUCTION: The construction shall be done using equipment approved by the Engineer, which will not damage base, pavement or other appurtenances to be retained. The Engineer shall set slope stakes to fit the typical section, or as he may deem necessary, establish grades in accordance wit these specifications, and set final stakes to verify that the excavation sections of the roadway and the embankments comply with the typical section. The work shall be done in accordance with the appropriate portions of Specifications 201, 202, 205, 206, 207, 208, and 209 of these Specifications. Prior to placing any base material, the subgrade shall be finished in accordance with 209.03. A. Clearing and Grubbing: Clearing and grubbing shall be done well in advance of excavation and embankment construction. B. General Requirements: 1. Cross Section: As a minimum requirement the roadway shall be graded in accordance with the specified typical sections. 2. Slopes, Ditches, Shoulders: The excavation shall be done so that front slopes, ditches and shoulders are neatly trimmed to the lines given. Additional shoulder width will be permitted when extra width shoulders are ready in place and fit the existing roadbed provided the finished shoulders present a reasonably uniform appearance. .~c:., - :S~ I I I I. I I I i I I I I I I I I I- I I I' I Page Two 3. Shaping and Dressing: After all excavation and formation of embankments and shoulder have been substantially completed the roadway shall be properly shaped, finished and dressed in reasonably close conformity to the lines and grades given. C. Compaction: All embankments shall be built up in 8-inch layers and the full width of the cross section compacted in accordance with Section 208. 228.04 MEASUREMENT: Grading (Modified) Including Haul will be measured in Linear Miles along the centerline of the road or the median, including ramps when so shown on the plans. Surplus material may be disposed of beyond the end of the project, but the mileage measured for payment will not extend beyond the es;tablished termini. 228.04 PAYMENT: The item of Grading (Modified) Including Haul will be paid for at the Contract Unit Price per Linear Mile complete in place, which price shall be full compensation for clearing and grubbing inside the construction limits where this item is not shown as a separate item in the Contract, for all excavation to the typical section required or as modified herein, formation of embankments, construction of shoulders, backing out subgrades for pavement, flushing fill slopes and ramps, filling washes, wasting surplus or um;uitable material, finishing and dressing, cleaning of side ditches, all hauling of excavation, and any incigel')!als_ necessary to complete the Item. It is clearly understood that in no case will any separate payment be made for finishing and dressing, and that the cost of necessary finishing and dressing to comply with these Specifications shall be included in the Contract Unit Price of Grading (Modified) Including Haul. Payment will be made under: Item 228. Grading (Modified) Including Haul.....................per Linear Mile Office of State Aid 51 - . PROJECT NO.: PfLOP 8'53() -- (:5?4sj ~ <:::- - =S=S :tS 7l>-'- ''''-... iii ;,.-;..... - .-;:- ;{~.:~~ ~ ",-- - ~ . .~. . . I "R'.'I; ".",. l.~, ~ ~ ,~\i V ...-' r;. .....:'\::... \~. ~ '~~' HAMMOND { . ij!> ..' ~~ eT~.v..._ Em: UJr ~. '.,' ,,' d .' c ~,. "Wi ,; 0 """",he'II...-, ,_ n. . . ' ',r> 1\ ..;; · -'" ~._,. ,''''' ''. G"'".", ".~ ...~ . . "'" 1 · ~ , \ -, >. , . "'~'" '" ., '''l:;;:\'' =..... ., ~ . I". i .. -""., .. . 'ii :.'~ .' ...' ~.. -., '.-.: W r-. -,F- ........ .)I.:~~;~;;W/~<9-~.H""",:-, ',~' If(1)':.; ..:.. ::, --''4.1c..1 rJA' ~;;;: -'. 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SA VJ.NNAH .RlYER D WG. 3 - ~Cl.tF.SS Rofr1> DWG. :~2... 8-'!; 111.'m~"(JLDSDS'I' [ . . .... ;::; AD ..; ,," ST Q '::::> . c:::> c:::::> c ~'D G. 4 t.:..::; BJ-OD[ ~\.l . ". ~ ELLIS :;:'; S'I' ] j!"':~~D[ ~ ~. i;,j . GREl:NE :> S'I' :::::> >. .C: B-DC==> D~[C D ~: 1m ST ~ D G. 61~gDD[ "'ALKER c; "_, S'I' '-':."5 DO ;' : ~~ ~ D WiG 7 :~ ,';}~\:r.F:"'-~<. ~;~ir. ~ _. . .~Z' ...~ ._, . _". . '... ... -,'" . .""d . Jr. TKINS S'I' ~ ... .'.; '.. '.-- -.,..., - :A 8-5 ~ ~ ~ [=~~ ~~- s~. p '. ~4S) T,O~ATTON MAP AuGl\)9rA .. R\,~ C4 ~ ~ ~ ; I. I; . . . ~~~( ~~ LANEY 1}JP' I I I I I I I I -I I I I I I I I I I I I DEPARTMENT OF THE ARMY SAVANNAH DISTRICT. CORPS OF ENGINEERS P.O. BOX 889 SAVANNAH. GEORGIA 31402 REPI.Y TO A TTENTlON OF: SEP 2 9 1998 Regulatory Branch 9800011J.0 Public Works and Engineering Department City of Augusta-Richmond County At tn : M"r. Jack F. Murphy, Interim Director 1815 Marvin Griffin Road Augusta, Georgia 30906 Dear Mr. Murphy: I re-fe-r-.-to your request of January 7, 1998, for Department of the Army authorization to install two 48" storm sewers across the Augusta ;~evee adjacent to the Savannah River at 2nd and Forsyth Streets, with "flap gates"/outfall structures pladed in the Savannah River at the two sites, in Augusta, Richmond County, Georgia. I also refer to your subsequent submittals of April 28, and July 24, 1998, in.response to our requests of March 5, and June 18, 1998, respectively, for additional information and clarifications during our internal review of your proposed project. You requested authorization for this project under Nationwide Permit 12 for Utility Line Discharges. We are also processing the flap gates/outfall structures under Nationwide Permit 7 for Outfall Structures. We completed our internal review of the project on September 4, 1998, and the request was considered complete for final processing on September 8, 1998. This project has been assigned number 980001110. Please refer to this number in any future correspondence. The subject property contains waters of the United States which are considered to be within the jurisdiction of Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and/or Section 404 of the Clean Water Act (33 U.S.C. 1344). The placement of dredged or fill material into any waterways and/or their adjacent wetlands including material redeposited during mechanized land clearing or excavation of those wetlands would require pj:-ior Department of the Army authorization. Based on our review of the information you furnished, I have determined that the proposed activity is authorized under Na tionwidE~ Permi ts NO.7, and 12 as described in Part B (7 & 12) of the enclosed excerpt from our Nationwide Permit Program which was published in the December-13, 1996, Federal Reaister, Vol. 61, No. 24:1, Pages 65874-65922 (61 FR). The City of Augusta- Richmond County's (City's) use of these Nationwide Permits-is CO&-\ I I I I I I I -I I I I I I I I I I I I -2- valid c,nly if the activity is conducted in accordance with the information submitted and meets the conditions applicable to the Nationwide Permits which are shown at Part C of the enclosed excerpt. We also require that you or another appropriate representative of the City fill out and sign the enclosed certification and return it to our office within 30 days of completion of the activity authorized by this permit. In addition, this authorization is contingent upon the City's compliance with the following Soecial Conditions: a. That all abandoned pipelines shall be filled with flowabl(~ fill; b. That the existing manholes and outlet brick box that would bH abandoned shall be filled with either sand or concrete and be ~ippropriately notated on ZEL Drawing No. 10, dated June, 1998; and, c. That a full, thick stand of turf shall be established on the side slopes of the access road and on all areas disturbed by construction activities, using sod material if necessary. This proposal was reviewed in accordance with Section 7 of the Endangered Species Act. Based on the information we have available, we have determined that the project would have no effect on any threatened or endangered species nor any critical habitat for such species. Authorization of an activity by a Nationwide Permit does not authorize the "take" of threatened or endangered species. In the absence of separate authorization, both lethal and non-lethal "takes" of prote~ted species are in violatio:n of the Endangered Species Act. See Part (C) of the enclosed excerpt from ~l FR for more information. This verification will be valid for a period of 2 years from the date of this letter, or until the Nationwide Permits are modified. reissued, or revoked, whichever occurs first. Nationwide Permit 26 is scheduled to expire on December 13, 1998. It is incumbent upon the City to remain informed of changes to the Nationwide Permits. If the City commences or is under contract to commence this activity before the date the Nationwide Permits c:Lre modified or revoked, they will have 12 months from the date of the modification or revocation to complete the activity under the present terms and conditions of these Nationwide Permits. This authorization should not be construed to mean that any future projects requiring Department of the Army authorization would necessarily be authorized. Any new proposal, whether c:, 0 E.-l I. I I I I I I i I I I I I I I I I I I -3 - associated with this project or not, would be evaluated on a case-by-case basis. Any prior approvals would not be a determining factor in making a decision on any future request. Revisions to the proposal may invalidate this authorization. In the event changes to this project are contemplated, I recommend that the City coordinate with us prior to proceeding with tho: work. Thi:3 communication does not relieve the City, or anyone acting em their behalf, of any obligation or responsibility for complying with the provisions of any other laws or regulations of other federal, state, or local authorities. It does not affect their liability for any damages or claims that may arise as a result g~_t~e work. It does not convey any property rights, either :Ln real estate or material, or any exclusive privileges. It also does not affect their liability for. any interference with existinsr or proposed federal proj ects. If the information you have submitted and on which the U.8. Army Corps of Engineers bases its determination/decision of authorization under these Nationwide Permits is later found to be in error, this determination may be subject to modification, suspension, or revocati.on. If you or anyone else from the City has any further questions concerning this matter, please contact Mr. Barry Plotkin, Project Manager, in the Regulatory Branch at (912) 652-5550 or (800) 448- 2402. Enclosurf~s a Section Copies Furnished: ~Public Works and Engineering Department City of l~ugusta-Richmond County Attn: Mr. Clifford A. Goins, Assistant Director,. Engineering Division 530 Greene Street, Room 70~ Augusta, Georgia 30901 . ~()'- 3 I I I I I I I -I I I I I I I I I I I I -4- Copies Furnished (cont'd): Mr. William L. Cox, Chief u.s. Environmental Protection Agency Wetlands Protection Section, Region IV Atlanta Federal Center 100 Alabama Street, SW. Atlanta, Georgia 30303 Mr. J. M'.itch King, Field Supervisor u.s. Fish and Wildlife Service 4270 Norwich Street Brunswick, Georgia 31520 Mr. Port.er_ M..artin Federal Emergency Management Agency 3003 Chamblee Tucker Road Atlanta, Georgia 30341 Mr. Harol.d F. Reheis, Director Environmental Protection Division Georgia Department of Natural Resources Floyd Towers East, Suite 1152 205 Butler Street, SE. Atlanta, Georgia 30334 Mr. Terry W. Green Erosion and Sedimentation Control Environmemtal Protection Division Floyd Towers East, Suite 1058 205 B~tler Street, SE. Atlanta, Georgia 30334 Mr. Rob Sherman, Director Augusta - Richmond County Inspection Department Post Office Box 6399 Augusta, Georgia 30916 c.,o(,"'~ I I I FEDERAL REGISTER EXCERPT DEPARTMENT OF DEFENSE I Department of the Army Corps of Engineers I Final Notic:e of Issuance, Re-issuanee, and Modification ofNalionwide Permits AGENCY: U.S. Army Corps of Engineers, DOD I ACTION: Final Notification I I SUMMARY: The Corps of Engineers is reissuing the existing nationwide permits (NWP) and conditions. some with modifications, and issuing two new NWPs. As with all general permitS, NWPs include specific project limitations which ensure that adverse effe cts will be no more than minimal and that the aquatic environment will be protected. At the same time, if a permit. applicant can design a project in a way that meets the limitations of the NWP. the Corps will provide an expedited review and decision for'the proJect. Gencral permits, including NWPs, are an essential pan of the Corps regulatory program, and provide us with the mel:hod we use to authorize 80% of the activities we regulate. An effective NWP program is essential to administration of the Corps regulatory program. The Corps. however, is increasingly aware of the concerns regarding the level ofadv= effects being autholized by NWPs, panicularly NWP 26. As a result, we have taken a critical look at the NWP program to better ensure that projects that truly have minimal impacts will continue to be authorized, while ensuring that only minimal individual and cumulative .:dverse effects will result from the Corps authorizing projects under the program. For example, we bave made substantial cbanges to NWP 26, with an ultimate approach of more clearly defining the activities regulated through activity-specific replacement general permits. The interim changes to NWP 26 we have made will greatly increase environmental protection while increasing the review time for a relatively small percentage of the total number of activities authorized each year. We have also become incrc:asingly aware of the concerns that NWPs, panicularly NWP 26, need to be modified to reflect regional differences in aquatic ecos)'Stem functions and values and to more effectively reflect the desire of the states to develop partnerships to protect the aquatic environment We, therefore, have directed our districts to carefully review all of the NWPs, panicularly NWP 26, to revoke applicable NWPs in high value aquatic ecosystems, and to add r:cgional conditions to limit the applicability of the NWPs to ensure that no more than minimal adverse effects occur in each district. We are also directing the disaicts to work with the states to develop muo:la!ly ll,.c>reeable conditions that will result in a greater level of state Section 401 water quality certifications being issued for the NWPs. We are directing our districts to develop local procedures with their counterparts in the U.S. Fish and Wildlife Service and National Marine Fisheries Service which will ensure that the Corps bases its "affect" and "jeopardy" decisions on the best available information. We are also initiating formal programmatic consultation under Section 7 of the Endangered Species Act regarding the procedures associated with administering the NWP program. We believe that the changes described above. along with many others we have included in this rcissuance of the NWPs, will substantially increase protection of the aquatic environment, ensure that no more than minimal adverse effects will occur, and maintain the regulatory flexibility necessary to administer a reasonable re!:warory program. -I I I' I I EFFECTIVE DATE: February II, 1997 I ADDRESS: bformation can be obtained by writing to: Office of the ChiefofEngineers. A1iN: CECW-OR. 20 Massachusetts Avenue N.W., Washington, DC 20314-1000. FOR FURTHER INFORMATION: Contact Mr. Sam Collinson or Mr. John Studt, at (202) 761-0199 or access the U.S. Army Corps of Engineers Regulatory Homc Page at: http//:wctland.usace.mil/ 1- SUPPLEMENrARY INFORMATION: (NOT PRINTED) I I I <:-o~..,s I E/t/C'-I 1 I I Nationwide Pennits and Conditions I A. Index of the Nationwide Pennits and Conditions Nationwide Permiu I I. Aids [0 Navigation 2. Structures in Artificial Canals 3. Mainte,,1ance 4. Fish an:! Wildlife Harvesting, Enhancement, and Attraction Devices and Activities 5. Scienti1ic Measurement Devices 6. Survey Activities 7. Outfall Struc:nJre5 8. Oil and Gas Structures 9. StruCtwes in Fleeting and Anchorage Areas 10. Mooring Buoys II. Temporary Recreational Structures 12. Utility Line Discharges 13. Bank Si:abilization 14. Road Crossings 15. U.S. Coast Guard Approved Bridges 16. Return "Water from Upland Contained Disposal Areas 17. Hydrop,)wer Projects 18. Minor Discharges 19. Minorr>icilging- 20. Oil Spill! Cleanup 21. Surface Coal Mining Activities 22. Removal of Vessels 23. ApprovI:d Categorical Exclusions 24. Swe Administe~d Section 404 Programs 25. Structural Discharges 26. Headwaters and Isolated Waters Discharges 27. Wetland and Riparian Restoration and Creation Activities 28. Modifications of Existing Marinas 29. Single-Family Housing 10. Moist Soil Management for Wildlife 31. Maintenance of Existing Flood Control Projects 32. Completl:d Enforcement Actions 33. Temporary Construction, Access and Dewatering 34. Cranbe~( Production Activities 35. Maintenance D~dging of Existing Basins 36. Boat Ramps 37. Emergenl:Y WatmhedProtection and Rehabilitation 38. Cleanup ,)fHazardous and Toxic Waste 39. Reserved 40. Farm Buildings I I I -I I I I I I Nationwide Permit ConditiOns I General Co/Ufitions: I 1. Navigation 2. Proper Maintenance 3. Erosion and Siltation Controls 4. Aquatic Life Movements 5. Equipment 6. Regional and Case.by-Case Conditions 7. Wild and Scenic Rivers 8. Tribal Rights 9. Water Quality Certification 10. Coastal ZClne Management II. Endangered Species 12. Historic Ploperties 13. Notification 14. Compliance Certification IS. Multiple Use of Nationwide Permits. I I I Section 404 Ollly Conditions: c:-. () L~ \" I 2 I I I I. Water Supply Intakes 2. Shellfish Production 3. Suitable Material 4. Mitiglltion S. Spawning Areas 6. Obstn::etion of High Flows 7. AdvCT:;e Effects from Impoundments 8. Wau:nbwl Breeding Areas 9. Removal of Temporary Fills I I B. Nationwide Permits and Conditions I I. Aids 10 Navigation. The placement of aids to navigation and regulatory markers which arc approved by and installed in accorda:~ce wi!h!he requirements of !he U.S. Coast Guard. (See 33 CFR Pan 66, Chapter I, Subchapter C). (Section 10) 2. Structures in Artificial Canals. Structures constructed in artificial canals wi!hin principally residential developments where the l:onnection of the canal to a navigable water of the United SlateS has been previously authorized (see 33 CFR 322.S(g)). (Section 1(\) I J. Maintenance. The repair. rehabilitatiQJ1, or replacement of any previously authorized, currently serviceable, struct1U'C or till. or of any cl11TCntly serviceable structure or fill authorized by 33 CFR 330.3, provided that !he structure or fill is not to be put to uses diffi:ring from !hose uses specified or contemplated for it in !he original pennit or the most recently authorized modification. Minor deviations in the Structure's configuration or filled area including those due to changes in materials. construction techniques, or current O)nstruction codes or safety standards which arc necessary to make repair, rehabilitation. or replacement arc pennincd, provided th,: environmental effects resulting from such repair, rehabilitation, or replacement are minimal. Currently serviceable means useahle as is or with some maintenance.. but not so degraded as to essentially require reconstruction. This NWP authorizes the repair. n:habilitation. or replacement of those structures destroyed by stonns, floods, fire or other discrete events, provided the repair, rehabilitation. or replacement is commenced or under contract to commence within two years of the date of their destnJction or damage. In cases of catastrophic events. such as hurricanes or tornadoes. this two-year limit may be waived by the District Engineer, provided the pennince can demonstrate funding, contract, or other similar delays. Maintenance dredging and beach restoration are not authorized by this NWP. (Sections 10 and 404) 11 I I I 4. Fish and Wildlife HaI'Vesting. Enhancement. and Attraction Dl!Vices and Activities. Fish and wildlife harvesting devices and activities such as pound nets, crab traps, crab dredging, eel pots, lobster traps, duck blinds. clam and oYster digging; and small fish attraction devices such as open water fish concentrators (sea kites, etc.). This NWP authorizes shellfISh seeding provided this activity does nOt occur in wetlands or sites that support submerged aquatic vegetation (inCluding sites where submerged aquatic vegetation is documented to exist, but may not be present in a given year.). This NWP does not authorize artificial reefs or impoundments and semi-impoundments of waters of the United States for the culture or holding of motile species such as lobster, or the use of covered oyster trays or clam racks. (Sections 10 and 404) I 5. Scientific MeClSllremenl Dl!Vices. Devices whose purpose is to measure and record scientific data such as staff gages. tide gages, WIlIer recording devices. water quality testing and improvement devices and similar structures. Small weirs and flumes constructed plimarily to record water quantity and velocity are also authorized provided the discharge is limited to 25 cubic yards and further fo;~ discharges of 10 to 25 cubic yards provided the perminee notifies the District Engineer in accordance with the "Notification" general condition. (Sections 10 and 404) I I 6. Survey Activities. Survey activities including core sampling, seismic exploratory operations. plugging of seismic shot holes and other exploratory-type bore holes. soil sutvey and sampling, and historic resources surveys. Discharges and sU'Uctures associated with the recovery' of historic resources are not. authorized by this NWP. Drilling and the discharge of excavated material from test wells for oil and gas exploration is not authorized by this NWP; the plugging of such wells is authorized. Fill placed for roads, pads antI other similar activities is not authorized by this NWP. The NWP does not authorize any permanent structures. The discharge of drilling muds and cunings may require a pennit under Section 402 of the Clean Water Act. (Sections 10 and 404) I I 7. Outfall Structures. Activities related to construction of outfall structures and associated intake structures where the effluent from tile outfall is authorized, conditionally authorized, or specifically exempted. or are otherwise in compliance with regulations issLled under the National Pollutant Discharge Elimination System program (Section 402 of the Clean Water Act). provided that the pennince notifies the District Engineer in accordance with the "Notitication" general condition. (Also see 33 CFR 330.1 (e)). Intake structures perse are not included-only those directly associated with an outfall Structure. (Sections 10 and 404) I 8. Oil and Gas Sf"11lctures. Structures for the exploration, production. and transportation of oil. gas. and minerals on the outer continentlll shelf within areas leased for such purposes by the Department of the Interior, Minerals Management Service. Such Structures shall not be placed within the limits of any designated Shipping safety fairway or traffic separation scheme, except temporary anch,)rs that comply with the fairway regulations in 33 CFR 322.5(1). (Where such limits have not been designated. or where changes lire anricipated. District Engineers will consider asserting discretionary authority in accordance with 33 CFR 330.4(e) and will also review such proposals to ensure they comply with the provisions of the fairway regulations in 33 CFR 322.5(1). Any Corps review ur.:der this pennit will be limited to the effects on navigation and national security in accordance with 33 CFR 322.S(f)). Such structures will not be placed in established danger zones or restricted areas as designated in 33 CFR Pan 334: nor will such structu res be pennined in EP A or Corps designmd dredged material disposal areas. (Section 10) c:,C)~~-, - ~ I '1. I I 9. Sl1'UctlUes in Fleeting and Anchorage Areas. StruClUl'e$, buoys, floats and other devices placed within anchorage or fleeting al:'CaS to faciliwc moorage of vessels where such areas have been established for that purpose by the U.s. Coast Guard. (Section 10) . I 10. Mooring Buoys. Non-commercial, single-boat. mooring buoys. (Section 10) I I I. Temporary Recrt!ational StrUctures. Temporvy buoys, marlccrs. small floating docks, and similar structUreS placed for recrcaJiona! use during specific events such as warer skiing competitions and boar races or seasonal use provided that such structUreS arc removed within 30 days after use has been discontinued. At Corps of Engineers reservoirs, the reservoir manager must appmve each buoy or marker individually. (Section 10) I 12. Utiliry Line Discharges. Discharges of dredged or fill marcrial associated with excavation. bacldill or bedding for utility lines, including outfall and intake structures. provided there is no change in preconstruction contours. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid. liquefiable. or slurry substance. for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone and telegraph messages. and radio lUId television ,:ommunicarion. The term "utility line" does nOI include activities which drain a water of the United Swcs. such IS drainage tile; however, it docs apply to pipes conveying drainage from another area. This NWP authorizes mechanized landclcaring necessary for the installation of utility lines. including overhead utility lines. provided the cleared area is Iccpt to the minimum necessary lUld prcconstruction contours arc maintained. However, ar:cess roads. temporary or permanent, or foundations associatccl with overhead utility lines are nOI authorized by this NWP. Marcrial resulting from trench excavation may be temporarily sidecast (up to thrcl: months) into waters of the United Swes. provided that the nwcriaJ is not placed in such a manner that it is dispersed by . currents or other forces. The DE may extend the period of temporary side-casting not to exceed a total of I 80 days, where approprian:. The area ofwarcrs of the United Swes that is disturbed must be limited to the minimum nccessazy to construct the utility line. In werJands. the top 6" to 12" of the trench should generally be bacldiJled with topsoil from the trench. Excess material must be removed to upland areas immediately upon completion of construction. Any exposed slopes and Strcanl banks must be stabilized i~media~ly upon completion of the utility line. (See 33 CFR Pan 321). NotificatiOll: The permittee must notify the district engineer in accordance with the "Notification" general condition, if any of the following criteria are met: I I -I I I ;1) Mechanized landclearing in a fOlTCStCd werJand; b) A Section 10 pennit is required for the utility line; I:) The utility line in Waters of the United Swes exceeds 500 feet; or, <1) The utility line is placed within ajurisdictional area (i.e., a water of the United States). and it runs parallel to a streambed that is within that jurisdictional area. (Sections 10 and 404) I :13. Bank Stahilization. Bank stabilization activities necessary for erosion prevention provided the activity meets all of the following criteria: a. No marerial is placed in excess of the minimum needed for erosion protection; b. The bank stabilization activity is less than 500 feet in length; c. The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line; . d. No marerial is placed in any special aquatic site, including werJands; e. No material is of the type, or is placed in any location, or in any manner. so as to impair surface water flow into or out cfany werJand area; f. No material is placed in a manner thar will be eroded by nonnal or expected high flows (properly anchored trees and treetops may be used in low energy areas): and. g. The activity is pan of a single and complete project. I I I Bank stabili:tation activities in excess of SOO feet in length or gTCater than an average of one cubic yard per running foot may be authorized il'the pcnnittce notifies the District Engineer in accordance with the ~otification" general condition and the District Engineer del:cnnines the activity complies with the other terms and conditions of the NWP and the adverse environmental effects are minimal both individually and cumulatively. This NWPmay not be used for the channelization of a Water of the Unitied Swes. (Sections 10 and 404) I 14. Road Crossings. Fills for roads crossing waters of the United Swes (including wetlands and other special aquatic sites) provid,:d the activity meets all of the following criteria: I. a. The width of the fill is limited to the minimum necessary for the actUal crossing; b. The fill placed in waters of the United Swes is limited to a filled area of no more than 1/3 acre. Furthcnnore" no more than a total of200 linear fect of the fill for the roadway can occur in special aquatic sites, including wedands; . c. The crossing is culverted. bridged or otherwise designed to prevent the restriction ot: and to withstand. expected high flows and tidal flows, and to prevent the resuiction of]ow flows and the movement of aquatic organisms; d. The crossing. including all attendant fellIlD'eS, both temporary and permanent, is part of a single and complete Prc1ect for crossing ofa.water of the United Swes; and, e. For tills in special aquatic sites, including wetlands, the permittee notities the District Engineer in. accordance with the ~otification" general condition. The notification must also include a delineation of affected special aquatic sites. includii]g wetlands. I I I This NWP may not be combined with NWP 18 or NWP 26 for the pUTpOse of increasing the footprint of the road crossing. SO:1l1C road fills may be eligible for an exemption from the need for a Section 404 permit altogether (see 33 eFR 323.4). c:. C) t.,..., 4 I I Also, where local circumstances indicatc the need. Disaict Engineers will define the tenn "expected high flows" for the purpose of establishing applicability of this NWP. (Sections 10 and 404) I IS. u.s. Coast Guard Approved Bridges. Discharges of dredged or till mll1Crial incidental to the construction of bridges across navigable waterS of the United Slates. including cofferdams. abutments. foundation seals. piers. and temporary conmuction and aCCCl:5 tills provided such discharges have been aU1horized by the U.S. Coast Guard as part of the bridge penniL Causeways and approach fills arc not included in this NWP and will require an individual or regional Section 404 penniL (Section 4(4) I 16. RelUm Water From Upland Corruzined Disposal A~. Return water from an upland. contained dredged maIerial disposal area. The dredging itself may require a Section 404 permit (33 CFR 323.2(d)), but will require a Section 10 pennit if located in navigable waters of the United States. The return water from a contained disposal area is administratively defined as a discharge of dredged mll1Crial by 33 CFR 323.2(d) even though the disposal itself occurs on the upland and thus docs not require a Section 4()4 permiL This NWP satisfies the technical requirement for a Section 404 permit for the return wlltcr where the quality of the return water is conuelled by the state through the Section 40 I certitication procedures. (Section 404) I I 17. HydropoWf!r Projects. Discharges of dredged or till mll1Crial associated with (a) small hydropower projects at existing reservoirs where the project, which includes the till, are licensed by the Federal Energy Regulatory Commission (FERC) under the :~edcral Power Act of 1920, as amended; and has a total gencnting capacity of not more than 5000 KW; and the pennittce notifies th,: District Engineer in accordance with the "Notification" general condition; or (b) hydropower projects for which the FERC has granted an exemption from licensing pursuant to Section 408 of the Energy Security Act of 1980 (16 U.S.C. 2705 and 2708) and Section 30 of the Federal Power' Act, as !"1ended; provided the penniaee notifies the Disaict Engineer in accordance with the "Notification" general condition. (Section 404) I -I 18. Minor Discharges. Minor discharges of dredged or till material into all WlI1Crs of the United States provided that the activity m~~.~1 o(the following criteria: I a. The quantity of discharged material and the volume of excavated area does not exceed 2S cubic yards below the plane of the ordinary high water mark or the high tide line; b. The discharge. including any excavated area. will not cause the loss of more than III 0 acre of a special aquatic site, including wetlands. For the purposes of this NWP. the acreage limitation includes the tilled area and excavated area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that.they would no longer be a wlltcr of the United Stales as a result of the project; c. [fthe discharge, including any excavlltcd area. exceeds 10 cubic yards below the plane of the ordinary high WlIler mark or the high tide line or if the discharge is in a special aquatic site. including wetlands. the permittee notifies the Disaict Engineer in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands. the notification must also include a delineation of affected special aquatic sites. including wetlands (Also see 33 CFR 330. I (e)); and d. The discharge, including all aaendant featUres, both temporary and pennanenl. is part of a single and complete pr"ject and is not placed for the purpose of a stream diversion. e. This NWP can not be used in conjunction with NWP 26 for any single and complete projeCL (Sections 10 I I and 404) I 19. Mirror Dredging. Dredging of no more than 25 .cubicyards below the plane of the ordinary high water mark or the mean high water mark from navigable w3tcrs of the United Swcs (i.e., Section 10 waterS) as part of a single and complete project, This NWP d"es not authorize the dredging or degradation through siltation of coral reefs, sites that support submerged aquatic vegeution (including sites where submerged aquatic vegetation is documented to exist. but may not be present in a given year), anadromous fish spawning areas. or wetlands. or the connection of canals or other artificial WlI1Crways to navigable Waters of the United Statc:; (see Section 33 CFR 321.5(g)). (Sections 10 and 404) I I 20. Oil Spill Cleanup. Activities required for the containment and cleanup of oil and hazardous substances which are subject to the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR Part 300) provided that the work is done in accordance: with the Spill Conuel and Countenneasure Plan required by 40 CFR Part 112.3 and any existing State contingency plan and provided that the Regional Response Team (if one exists in the area) C'lncurs with the propos.ed containment and cleanup action. (Sections 10 and 404) I I 21. SlIT/ace Coal Mining Activities. Activities associll1Cd with surface coal mining activities provided they are -. authorized by the Dcpanment of the Interior. Office of Surface Mining (OSM), or by states with approved programs under Title V of the Surface Mining Conuel and Reclamation Act of 1977 and provided the permittee notifies the District Engineer in accordance with the "Notification" general condition. The notification must include an OSM or state approved mitigation plan. The Corps. at the discretion of the District Engineer. may require a bond to ensure success of the mitigation, ifno other Federal or Stale agency has required one. For discharges in special aquatic sites. including wetlands. the notification must also include a delineation of affected special aquati: sites, including wetlands. (Also see 33 CFR 330.I(e)) (Sections 10 and 404) I I 22. Removal 0/ Vessels. Temporary structures or minor discharges of dredged or fill material required for the removal of wrecked. abar.;doned, or disable" vessels, or the removal of man-made obstructions to navigation. This NWP does not authorize the removal ofve:;sels listed or detcnnined eligible for listing on the National Register of Historic Places unless the Disaict Engineer is notified and ir"dicates that there is compliance with the "Historic Propcnies" general condition. This NWP does not authorize maintenance dredging, shoal removal. or river bank snagging. Vessel disposal in wll1Crs of the United States may need a permit from EPA (sec' 40 CFR 229.3). (Sections 10 and 404) I c:::. e:. (., - , 5 I I 23. Approved CQJegorical ~/lUions. . Activities undenaken. assisted, aIithorize4, rcguIarcd, funded, or financed, in whole or in part, by another Federal agency or depinment where that agency or depanment has determined, pursuant to the Council on Environmental Quality Regulation for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR Pan 1500 et seq.), that the activity, work, or discharge is categorically excluded from environmClltlll documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human cnvironmt:nt, and the Office of the Chief of Engineers (A TTN: CECW-QR) has been furnished notice of the agency's or depanmcnt's application for the categorical exclusion and concurs with that dercrmination. Prior to approval for purposes of this NWP of any agency's categorical exclusions, the Chief of Engineers will solicit public comment In addressing these commentS, the Chief ofEnginccrs may require certain conditions for authorization of an agency's catcgorical exclusions under this NWP. (Sections 10 and 4~~) I I I 24. SlQte Administered Section 404 Program. Any activity permitted by a state administering its own Section 404 permit program pursuant to 33 U.S.C. 1344{g)-{J) is permitted pursuant to Section 10 ofthc Rivers and Harllors Act of 1899. Those activities which do not involve a Section 404 state permit are not inCluded in this NWP, but certain StrUctUn:S will be exempted by Section 154 of Public Law 94-587,90 Stat. 2917 (33 U.S.C. 591) (see 33 CFR 322.3(a)(2)). (Scc:tion 10) I 25. structurt:li Dis~. Discharges of material such as conCl"CtC, sand, rock. etc. into tightly sealed forms or cells where the material will be used as a StrUctural member for standard pile supported structures. such as bridges, transmission line footings, and walkways or for general navigation. such as mooring cells. including the excavation ofbonom material from within the form prior to the discharge of concrete, sand, rock, etc. This NWP does !l2! authorize filled structUl'a1 members that would support buildings, homes, parking areas, storage ~ and other such structUn:S. Housepads or other building pads are also not included in this NWP. The structUre itself may require a Section 10 permit if located in navigable Waters of the United StaleS. (Section 404) I -I :~6. Headwaters and Isolated Warers Discharges. Discharges of dredged or fill material into headwaters and isolated waters provided thu-the activity meets all of the following criteria: I l~ The discharge does not cause the loss of more than 3 acres of waters of the United States nor cause the loss of waters of the United Swcs for a distance greater than 500 linear feet of the stream bed; t,. For discharges causing the loss of greater than 1/3 acre of Waters of the United States. the permittee notifies the District Engineer in accordance with the "Notification" general condition; c. For discharges causing a loss of 1/3 acre or less ofwatcrs of the United States the permittee must submit a report within 30 dll)'s of completion of the work, containing the information listed below; d. For discharges in special aquatic siteS, including wetlands, the notification must also include a delineation of affected special aquatic siteS. including wetlands (Also see 33 CFR 330.1(e)); and e, The discharge, including all attendant featUres, both temporary and permanent, is pan of a single and complete I project. I Note, this N"WP will expire on Febroary II, 1997. (correct date is December 13, 1998) I F'or the purposes of this NWP, the acreage of loss of waters of the United Swcs includes the filled area plus waters of the United State:; that are adversely affected by flooding, excavation or drainage as a result of the project. The 3 acre and 1/3 acre limits ofNWP 26 ue absolute, and cannot be increased by any mitigation plan offered by the applicant or required by the District' Engineer. Whenever any other NWP is used in conjunction with this NWP, the total acreage of impacts to Waters of the United States of all NWPs combined, can not exceed 3 acres. I I Subdivisions.: For any real estate subdivision created or subdivided after October S. 1984, a notification pursuant to subsection (b) of this NWP is required for any discharge which would cause the aggregate total loss of waters of the United States for the entire subdivision ~) exceed 1/3 acre. Any discharge in any real estate subdivision which would cause the aggregate lotalloss of WaterS of the United States in the subdivision to exceed 3 acres is not authorized by this NWP; unless the DiSlJ'ict Engineer exempts a particular subdivision or parcel by maleing a written determination that: (1) the individual and cumulative adverse environmental effects would be minimal and the property owner had. after October 5, 1984, but prior to February II, 1997, committed substantial resources in reliance on NWP 26 with regard to a subdivision. in circumstances where it would be inequitable to ftustrate the property owner's investment-backed expec:tations, or (2) that the individual and cumulative adverse environmental effects would be minimal. high quality wetlands would not be adversely affected, and there would be 3Il overall benefit to the aquatic environment. Once the exemption is established for a subdivision. subsequent lot development by individual property owners may proceed. using NWP 26. For purposes ofNWP 26, the term "real estate subdivision" shall be interpreted to include circumstances where a . landowner or developer divides a tract of land into smaller parcels for the purpose of selling, conveying, transferring, leasing, or developing said parcels. This would include the entire area of a residential, commercial or other real estate subdivision. including all parcels anll pans thereof. I I I Rt,oon: For discharges causing the Joss of 1/3 acre or less of waters of the United States the permittee must submit a report within.30 days of completion of the work, containing the following information: I a) Name, address. and telephone number of the permim<, b) Location of the work; - c) Description of the work; and, d) Type and acreage (or square feet) of the loss of waters of the United States (e.g.. 1/10 acre of marsh and SO Square feet of a streaIn.) . (Section 404) I c-a ~ -\ () 6 I I 27. Werland and Riparian Resro1'f1tion aru:J Creation Activiries. Activities in waters of the United SlateS associ8led with the restclration of fonner non-tidal wetlands and riparian areas, the enhancement of degraded wetlands and riparian areas, and crution ofwetlands and riparian areas; (i) on non-Federal public lands and private lands, in accordance with the tenns and conditions of a binding wetland restoration or crc:ation agreement between the landowner and the U.S. Fish and Wildlife Service or the NalllraJ Resources Conservation Service (NRCS) or voluntary wetland restOration, enhancement, and acation actions documented by the NRCS pursuant to NRCS regulations; or (ii) on any Federa.lland; or (iii) on reclaimed surface coal mined lands. in acconlance with a Surface Mining Contl'lll and Reclamation Act pennit issued by the Office of Surface Mining or the applicable State agency. (The future reversion does not apply to wetlands created, restOred or enhanced as mitigation for the mining impaas, nor naturally due to hydrologic or topographic features, nor for a mitigation bank.); or (iv) on any public or private land, provided the penninee notifies the District Engineer in accordance with the "Notification" general condition. Such activities include, but are not limited to: installation and maintenance of small water contl'lll structures, dikes, and berms; backfilling of existing drainage ditches; removal of existing drainage structures; constrUction of small nesting islands; plowing or diSGing tilr seed bcd preparation; and other related activities. This NWP applies to restoration projects that serve the purpose of restoring "natural" wetland hydrology, vegetation, and function to altered and degraded non-tidal wetlands and "natural" functions of riparia:~ areas. This NWP does not authorize: the convCl~ion of naDJral wetlands to another aquatic use, such as creation of watertbw,1 impoundmenrs where a forested wetland previously existed. I I I I I Reversio~,. For restoration, enhancement and creation projectS conducted under paragraghs (ii) and (iv), this NWP does not authorize any future discharge of dredged or till material associated with the reversion of the area to its prior condition. In such cases a separate pennit at that time would be requi~d for any reversion. For restoration, enhancement and creation projects conducted under paragraghs (i) and (iii), this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to the restoration, enhancement, or creation activities) within five: years after expiration of a limited term wetland restOration or creation agreement or pennit, even if the discharge occurs after this NWP expires. The five year reversion Iimi.t does not apply to agreements without time limits reached under Pal'agnlJ)h (i). The prior ,:ondltion- will be documented in the original agreement or pennil. and the determination of return to prior conditions will be made by the Federal agency or appropriate swe agency executing the agreement or penn it Prior to any reversion activity the permiaee or the appropriate Federal or state agency must notify the District Engineer and include the documentarian of the prior condition. Once an area has reverted back to its prior physical condition, it will be subject to whatever the Corps regulatory requirements will be at that future date. (Sections J 0 and 404) t I I 28. Modifications 0/ Existing Marinas. Reconfiguration of existing docking facilities within an authorized marina area. No dredging, additional slips or dock spaces, or expansion of any kind within waters of the United States is authorized by this NWP. (Section IO) I :19. Single-Family Housing. Discharges of dredged or fill material into non-tidal waters of the United States, including non-tidal wetlands for the constl'Uc:tion or expansion of a single-family home and attendan: features (such as a garage, driveway, storage shed, and/or septic field) for an individual penniaee provided that the activity meets all of the following criteria: I <.. The discharge does not cause the loss of more than 1/2 acre of non-tidal watc:rs of the United States, including non- tidal wetJan,:1s; b. The penniaee notifies the DiStrict Engineer in accordance with the "Notification" general condition; c, The pennittee has taken all practicable actions to minimize: the on-site and off-site impactS of the discharge. For example, the: location of the home may need to be adjusted on-site to avoid flooding of adjacent property owners; d. The discharge is part of a single and complete project; furthennorc:. that for any subdivision Created on or after November :n. 1991. the discharges authorized under this NWP may not exceed an aggregate total loss of waters of the United States of 1/2 acre for the entire: subdivision; _ e. An individual may use this NWP only for a single.family home for a personal residence; f. This NWP may be used only once per parcel; g. This NWP may not be used in conjunction with NWP 14. NWP 18, or NWP 26. for any parcel; and. h. Sufficient vegetated buffers must be maintained adjacent to all open water bodies, streams. etc., to preclude water qual ity degradation due to erosion and sedimentation. I I I Fer the purposes of this NWP. the ac:rc:age ofloss of waters of the United States includes the filled area previously permitted, the: proposed filled area. and any other waters of the United States that are adversely affected by flooding. excavation, or drainage as a result of the project. Whenever any other NWP is used in conjunction with this NWP, the total acreage of impacts to waters of the United States of all NWPs combined., can not exceed 1/2 ac:res. This NWP authorizes activities only by individuals; for this purpo:;e. the term "individual" refers to a natural person and/or a married couple, but does not include a corporation, pannership, or similar entity. For the purposes of this NWP. a parcel ofland is defined as "the entire contiguous quantity of land in possession of, recorded as property of, or owned (in any fonn of ownership, including land owned as a panner. corporation, joint tenant, etc.) b:' the same individual (and/or that individual's spouse), and comprises not only the area of wetlands sought to be filled, but also alllatld contiguous to those wetlands, owned by the individual (and/or that individual's spouse) in any fonn of ownership". (Sections 10 and 404) I I I. 30. Moist Soil Management/or Wildlife. Discharges of dredged or fill material and maintenance actiVities that are associated with moist soil management for wildlife pmonned on non-tidal Federa.lly-owned or managed and Swe-owned or managed propl:rty, for the purpose of continuing ongoing. site-specific, wildlife management activities where soil manipulation is used to man~: habitat and feeding areas for wildlife. Such activities inelude, but are not limited to: the repair, maintenance or replacement of existing water control structUreS; the repair or maintenance of dikes; and plowing or disc:ing to impede succession, prepare sced lll:ds. or establish fire breaks. ~ufficient vegetated buffers must be maintained adjacent to all open water bodies. I c:.~~-\, 7 I I SlrCamS, nc., to preclude Water quality degradation due to erosion and sedimentation. This NWP does not authori%e the construction of new dikes, roads, water control structures, etc. associated with the management afeas. This NWP does not authorize converting wetlands to uplands, impoundments or other open water bodies. (Section 404) I 31. MaintefU11lce of Existing Flood Conl1'ol Facilities. Discharges of dredged or till material for the maintenance of existing flood control facilities, inCluding debris basins, retention/detention basins, and channels that were (i) previously authorized by the Ccrps by individual permit, general permit, or by 33 CFR 330.3 and constructed or (ii) constructed by the Corps and transferred to a local sponsor for operation and maintenance. The maintenance is limited to that approved in a maintenance baseline delCmlimltion made by the disuict engineer (DE). The prospective permittee will provide the DE with sufficient ~idence for the DE to determine the approved and constructed baseline. Subsequent to the detennination ofUle maintenance baseline and prior to any mainl:enance work, the pennittee must notify the DE in accordanee with the MNotification" general condition. I I I All dredged material must be placed in an upland site or a CllJTCntly authorized disposal site in WlUCrs of the United Swes, and proper siltation controls must be used. This NWP does not authorize the removal of sediment and associated vegetation from nllIUral water courses. (Activities that involve only the cuning and removing ofvegewion above the ground. e.g., mowing, rotary cutting, and chainsawing, where the activity neither substantially distUrbs the roOt sysu:m nor involves mechanized pushing, dragging, or other similar activities that redeposit excavated soil malenal, does not require a Section 404 pennit in accordance with 33 CFR 323.1(d)(2)(ii)). Only constructed channels within stretches ofnlUUral rivers that have been previously authorized as part of a flood "'ntro) facility could be authorized for maintenance under this NWP. I Maintenance Baseline. Upon receipt of sufficient evldence, the DE will determine U1e maintenance baseline. The maintenance baseline i~ the existing flood control projectlhat the DE has detennined can be maintained under this NWP, subject to any case- specific conditions required by the DE. In determining the mainrcnance baseline. the DE will consider the following factors: the approved facility, the actual constructed facility, the Corps constructed project thal was transferred. the mainrcn.ance history, if the facility hilS been functioning at a reduced capacity and for how long, present vs. original flood control needs. and if sensitive/unique functions ami values-may be adversely affected. Revocation or modification of the final determination of the maintenance baseline can only be done in accordance with 33 CFR Part 330.5. This NWP can not be used until the DE detennines the maintenance baseline l:nd the need for mitigation and any regional or activity-specific conditions. The mainrcnance baseline will only be detennine:d once and will remain valid for any subsequent reisSuance of this NWP. However, if the project is effectively abandoned or reduce:! due to lack of proper maintenance, a new detennination ofa maintenance baseline would be required before this NWP could be l.!Sed for subsequent maintenance. I i I Mitieatio~. In detennining the need for mitigation, the DE will consider the following factors: any original mitigation required. the current environmental sening, and any adverse effects of the maintenance project that were not mitigated in the original construct on. The DE will not delay needed mainrcnance for completion of any required mitigation, provided that the DE and the applicant establish a schedule for the identification, approval, development, construction and completion of such required mitigation. (Sections 10 and 404) I 32. Completed Enforcement Actions. Any structure, work or discharge of dredged or fill material, remaining in place, or undertaken for mitigation, restOration, or environmental benefit in compliance with either. I . (i) the telms ofa final written Corps non-judicial settlement agreement resolving a violation of Section 404 of the Clean Water Act (CWA) and/or Section 10 of the Rivers and Harbors Act of 1899; or the tenns of an EPA 309(a) order on consent resolving a violation of Section 404 of the CW A, provided that: I a. The unauthorized activity affected no more than 5 acres of nontidal wetlands or I acre of tidal wetlands: b. The settlement agreement provides for environmental benefits, to an equal or greater degree, than the environmental detriments caused by the unauthorized activity that is authorized by this nationwide pennit; and c. The District Engineer issues a verification letter authorizing the activity subject to the terms and conditions of this nationwide pennit and the settlement agreement, including a specified completion date: or ~.~ (ii) the tc:nns of a final Federal court decision, consent decree, or sealement agreement resulting from an enforcement action brought t,y the United States under Section 404 of the CW A and/or Section 10 of the Rivers and Harbors Act of 1899. / :1 For both (i) or (ii) above, compliance is a condition of the NWP itself. Any authorization under this NWP is autOmatic:ally revoked if the permittee does not comply with the tenns of this NWP or the tcnns of the court decision, consent decree, OJ: judicial/non-judicial settlement agreement or fails to complete the work by the specified completion date. This NWP docs not apply to any activities occurring after the date of the decision, decree, or agreement that are not for the purpose of mitigation, restoration, or environmental benefit. Prior to reaching any settlement agreement the Corps will ensure compliance with the provisions of33 CFR Part 326~d 33 CFR 330.6(d)(2) and (e). (Sections 10 and 404) I. 33. Temporary Consrruction. Access and Dewatering. Temporary structures. work and disCharges. including cofferclar.:lS, necessary for construction activities or access fills or dewatering of construction sites; provided that the associated primary IICtivity is authorized by the Corps of Engineers or the U.S. Coast Guard, or for other construction activities not subject to the Corp!; or U.S. Coast Guard regulations. Appropriate measures must be taken to maintain near nonnal downstream flows and to minimiu flooding. Fill must be of materials, and placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed ifit is determined by the District Engineer that it will not cause more than minimal adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or dredged material returned to its original location, (ollowinl: completion of the construction activity, and the affected areas must be TCStOred to the pre-project conditions. Cofferdams cannot be: used to dewatcr wetlands or other aquatic areas so as to change their use. Structures left in place after cofferdams are I I C-~ ~-\L 8 I I removed require a Scction 10 pennit ifloeazed in navigablc waters of the United SWes. (See 33 CFR. Pan 322). The penniacc must nodi)' r;,le District Engineer in accordance with the "Notification" general condition. The notification must also inc:lude a restoration plan of l'ClLSOnable measures to avoid and minimize adverse effects to aquatic. resources. The District Engineer will add special conditic'Il$, where necessary, to ensure that adverse environmenlal effects are minimal. Such conditiOIl$ may include: limiting the temporary work to the minimum necessary; requiring seasonal restrictiOIl$; modifYing the restOration plan; and requiring alternative conmuc1ion methods (~.g., constl'\lction mats in wetlands where practicable.). (Sections 10 and 404) I I 34. Cranberry Production Activities. Discharges of dredged or fill material for dikes, berms, pumps, water control structUres or leveling of crmtberry beds associated with expansion, enhancement, or modification activities at existing c:ranbcny productil)n opentions provided that the activity meetS all.ofthe following criteria: . I a. The cumulative tolal acreage of disturbance per cranberry production operation, including but not limited to, filling, flooding, ditching, or deanng, docs not exceed 10 acres of w3tCrS of the United Swcs, including wetlands; b. The penniace notities the District Engineer in accordance with the "Notification" general condition. The notifica%ion must include a delineation of affected special aquatic sites, including wetlands; and. . c. The activity docs not result in a net loss of wetland acreage. This NWP docs not authorize any discharge of dredged or fill material related to other cranberry production activities such as warehouses, processing facilities, or parking areas. For the purposes of this NWP, the cumulative total of 10 acres will be measured over the period that this NWP is valid. (Section 404) I I 35. Maintenance Dndging of Existing Qasins. Excavation and removal of accumulated sediment for maintenance of existing marina basins. access channels to marina basill$ or boat slips, and boat slips to previOUSly authorized depths or controlling depths for ingress/egress. whichever is less. provided the dredged material is disposed of at an upland site and proper siltation controls lIle used. (Section 10) -I 36. Boat Romps. Activities required for the constrUction of boat ramps provided: I a. The discharge into waters of the United States does not exceed SO cubic yards of concrete, rock. crushed Stone or gravel into fonns. or placement of pre-c:ast concrete planks or slabs. (Unsuitable material that causes unacceptable chemical pollution o,~ is stnlcturally unstable is not authorized); ill. The boat ramp does not exceed 20 feet in width; I:. The base material is crushed stone. gravel or other suitable material; .1. The excavation is limited to the area necessary for site preparation and all excavated material is removed to the upland: and, c:. No material is placed in special aquatic sites. including wetlands. I I Dredging to provide acc:css to the boat ramp may be authorized by another NWP, regional general pennit, or individual penn it pursllant to Section 10 if located in navigable waters of the United States. (Sections 10 and 404) I 37. Emergency Watershed Protection and ReJuzbilitation. Work done by or funded by the Natural Resources Conservation Service qualifying as an "exigency" situation (requiring immediate action) under its Emergency Watershed Protection Program (7 CFR. Pan 624) and work done or funded by the Forest Service under its Burned-Area Emergency Rehabilitation. Handbook (FSH 509.13) provided the District Engineer is notified in acc:ordance with the "Notific:ation" general condition: (Also sce.33 CFR :i30.I(e)). (Sections 10 and 404) I ,; 3f:. C/~a1lUp of Hazardous and Toxic Waste. Specific activities required to effect the containment, Stabilization, or removal ofhaZllrdous or toxic waste materials that are penonned, ordercc1. or~ponsored by a government agency with established legal or reguJ atory authority provided the permincc notifies the District Engineer in accordance with the "Notification" general condition. Felr discharges in special aquatic sites. including wetlands, the notification must also include a delineation of affected special aquatic sites. including wetlands. Court ordered remedial action plans or related settlements arc also authorized by this NWP. This NwP does not authorize the eStablishment ofncw dispOSal sites or the expansion of existing sites used for the disposal of hazardous pr toxic waste. Activities undettaJcen entirely on a CERCLA site by authority ofCERCLA as approved or required by EPA, are not required to obtain pennits under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. (Sectioll$ 10 and 404) , y . , 7 I 39. Reserved I 40. Fann Bui/dings. Discharges of dredged or till material into jurisdictional wetlands (but not including prairie potholes, playlllakes. or vernal pOOls) that were in agricultural crop production prior to December 23, 1985. i.e., fanned wetlands, for foundation:. and building'pads for farm buildings. The discharge will be limited to the minimum necessary but will in no case exceed I acre (see the "Mitigation" Section 404 only condition). The permincc must notify the District Engineer in accordance with the "Notilic:ation" general condition for any farm building within 500 linear feet of any flc:1wing water. (Section 404) I. C. NATIONWIDE PERMIT CONDmONS GENERAL CONDmONS: The following general conditioll$ must be followed in order for any authorization by a NWP to be valid: I c::.,() G -,;a . 9 I I I. Navigation. No activity may cause more than a minimal adverse effect on navigation. I :Z. PrO/Hr maUftelfDnCe. Any suuctiue or till authorized shall be properly mainl3ined, including maintenance ro ensure public safely. I :1. Erosion and silllltion controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills. as well as any work below the ordinary high waIer mark or high tide line, must be pennanently stabilized at the earliest practicable date. I 4.. Aquatic life m~ments. No activity may substantially disrupt the movement of those species of aquatic life indigenous 1:0 the waterbody, including those species which normally migrate through the area. 1DI1ess the activity's primary purpose is ro impow:,d Water. . 5. u,lIipment. Heavy equipment working in wetlands must be placed on nws, or other mcaslltCS must be taken ro minimize so il disturbance. I 6. Regional and c:a.se-by..cQSl! conditions. The activity must comply with any regional conditions which may have been added by the Division Engineer (see 33 CFR 330.4{e)) and with any case specific conditions added by the Corps or by the stm or tribe in its section 40 I water quality certification. I 7. Wild and Scenic Rivers. No activity m!!)' occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while thc river is in an official study SllUUS; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely effect the Wild and Scenic River designation, or study StatUS. Information on Wild and Scenic River.: may be obtained from the appropriareFederaJ land management agency in the area (e.g., National Park Service, U.S. Forest Servic:; Bureiu of Land Management, U.S. Fish and Wildlife Service.) . -I I 8. Tribal rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water quality certification. In certain states, an individual Section 401 water quality certification must be obtained or waived (see 33 CFR 330.4(c)). I 10. Coastal zone mantlpment. In certain states, an individual statC coastal zone management consistency concurrence must be obtailled or waived (see Section 330.4(d)). I 11. Endangered S/Hcies. I (a) No activity is authorized under any NWP wh ich is likely to jeopardize the continued existence of a threatened or ~ndangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habital of such species. Non-federal permittees shall notify the Distdct Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project, and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and tl1at the activity is authorized. (b) Authorization of an activity by a nationwide permit does not authorize the "taJce~ of a threaIcned or endangered spc:cies as defined under the Federal Endangered Species Act. In the absence of seplU'llIe authorization (e.g., an ESA Section 10 Pennit, a Biological Opinion with "incidental taJce~ provisions. etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non-lethal '"takcs~ of protected species arc in violation of the Endangered Species Act Information on the location of threatened and endangered species and their critical habital can be obtained directly from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries Service or their world wide web pages at hup:l/www.fws.gov/-r9endspp/endspp.html and http://kingfish.spp.mnfs.gov/tmcintyr/prot_rcs.hunl#ES and Recovery, respectively. I I I 12. Historic properties. No activity which may affect historic properties listed.. or eligible for listing, in the National Register of Historic Places is authorized. until the DE has complied with the provisions of33 CFR Pan 325, Appendix C. The prospective pennittce must notify the District Engineer if the authorized activity may affect any histOric properties listed. determined to be eligible, 01' which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the Disaict Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be: obtained from the Stale HistOric Preservation Office arid the National Register of Historic Places (see 33 CFR 330.4(g)). I I 1:3. Notification. I. (a) Timing: Where require'; by the terms of the NWP, the prospective permiace must notify the District Engineer with a Pre.constructiofl NOtification (PCN) as early as possible and shall not begin the activity: (1) Until notified by the Disaict Engineer that the activity may proceed under the NWP with any special conditions impo!:ed by the DistriCt or Division Engineer; or . (2) If notified by the District or Division Engineer that an individual penuiLjs.~,guin:d: or I c::., C) ~ - , LI- 10 I' I I I I I I -I I I I I I I I I I I I (3) Unless 30 days (or 4S days for NWP 26 only) have passed from the District Engineer's receipt or the notification and the prospective permiaec has not received notice from the District or Division Engineer. Subsequently, the perminee's right to proceed under the NWP may be modified., suspended, or revoked only in accordance with the procedure set fonh in 33 CFR 330.5(d)(2). . (b) COlll~nLS of Notification: The notifieation must be in writing and include the following information: (I) Name, address and telephone numbers orthe prospective permittee; .. (2) Location of the proposed project; (3) Briefdescriprion of the proposed project; the project's purpose; direct and indirect adverse environmental etf'ccts the project would cause; any other NWP(s), regional general permit(s) or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity; and (4) For NWPs 14. 18.21. 26. 29. 34. and 38. the PCN must also include a delineation of affected special aquatic sin:s, including wetlands (see paragraph 13(t)); (5) For NWP 21 - Surface Coal Minin!! Activities. the PCN must include an OSM or stare approved mitigation plan. (6) For NWP 29-Sin!!le-Familv Housine, the PCN must also include: (i) Any past use of this NWP by the individual permittee and/or the permitee's spouse: (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the enti~ parcel. including its size. and a delineation of wetlands. For the purpose of this NWP, parcds of land measuring 0.5 acre or less will not require a fonnal on-site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that existS on the propeny. For parcels greater than 0.5 acre in size, a formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(0); (iv) A written description of all land (including. if available. legal descriptions) owned by the prospective permittee ar:ld/or the prospective perminee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a parmer, corporation, joint tenant, co-tenant, or as a tenant-by-the-<:ntirety) and any land on which a purchase and sale agreeml:nt or other contract for sale or purchase has been executed; (7) For NWP 3 I - Maintenance of Ex is tine Flood Control Proiects, the prospective permittee must either notify the District Engineer with a Pre-ConstrUction Notification (PCN) prior to each maintenance activity or submit a five year (or less) maintetlance plan. In addition. the PCN must include all of the following: (i) Sufficient baseline information so as to identifY the approved channel depths and configurations and existing facH ities. Minor deviations are authorized, provided that the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site. (8) For NWP 33-Temporarv Construction. Access. and Dewaterine. the PCN must also include a restoration plan of reasorlable measures to avoid and minimize adverse effects to aquatic resources. (c) Form of Notification: The standard individual permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)-(7) ofGcneral Condition 13. A lener may also be used. (d) District Engine~r 's D~cis;on: In reviewing the pre-constrUctio"_notification for the proposed activity. the District Engineer will cletermine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest The prospective permittee may, optionally, submit a proposed mitigation plan with the pre-consO'Uction notification to expedite the process and the District Engineer will consider any optional mitiguion the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects are minimal. the District Engineer will notify the permiaee and include ariy conditions the DE deems necessary . Any mitigation proposal must be approved by the District Engineer prior to commencing work. If the prospective permittee elects to submit a mitigation plan. the District Engineer will expeditiously review the proposed mitigation plan, but will not commence ;1 second 3O-day (or 4S-day for NWP 26) notification procedure. If the net adverse effects of the project (with the mitigation proposal) are determined by the District Engineer to be minimal. the District Engineer will provide a timely written response to the ,applicant swing that thi: project can proceed under the terms and conditions of the nationwide permit If the: District Engineer determines that the adverse effects of the proposed work are more than minimal. then he will notify the applic:ant either: (I) that the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2) that the project is authorized under the NWP subject to the applicant's subn:lining a mitigation proposal that would reduce the adve'O' effects to the minimal level; or (3) that the project is authorized Unde1~ the NWP with specific modifications or conditions. (e) Agency Coordi1lQtion: The District Engineer will consider any comments from Federal and State agencies concerning the proposed act:ivity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environr:,1ental effects to a minimal level. c-... ~ t- .. \ $" 11 .. I I (i) For NwP 14, 21, 26 (between I and 3 acres of impact) ,29, 33, 37. and 38. The District Engineer will. upon recei.pt of a notification, provide immediarely; e.g., facsimile tranSmission, overnight mail or other expeditious manner, a copy to the apPI'Opriate offices of the Fish and Wildlife Service, State naturalresoun:e or water quality agency, EPA, State Historic Prcservatilln Officer (SHPO), and, if appropriate, the National Marine Fisheries'Service. With the exception ofNWP 37, these agencies will then have S calendar days from the cIate the material is tranSmined to telephone or fax the District Engineer notice that they intcnclto provide substantive, site-specific comments. If so contaCted by an agency, the District Engineer will wait an additional 10 calendar days (16 calendar days for NWP 26 PCNs) before malcing a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. Applicants are encouraged to provide the Corps multiple copies of notifiCll1ions to expedite agency notification. (H) Optional Agency Coordination. For NWPs S, 7, 12. 13, 17. 18.27,31. and 34, where a Regional Administrator ofEPA, a Regional Director ofUSFWS, or a Regional Director ofNMFS has fonnally requested general notification from the District Engineer for the activities covered by any of these: NWPs, the Corps will provide the requesting agency with notification on the particular NWPs. However, where the agencies have a record of not generally submitting substantive comments on activitie:. covered by any of these NWPs. the Corps 'district may discontinuc providing notification to those regional agency offices. Th,: District Engineer will coordinate with the resources agencies to identify which activities involving a PCN that the agencies will provide substantive comments to the Corps. The District Engineer may also request comments from the agencies on a case by case: basis when the District Engineer detemlines that such comments would assist the Corps in reaching a decision whether effects are more than minimal either individually or cumulatively. I I I I I (Hi) Optional Agency Coordination, 401 Denial. For NWP 26 only, where the state has denied its 401 WUCl' quality certification for activities with less than 1 acre of wetland impact, the EP A regional administrator may request agency coordinationl ofPCNs between 1/3 and I acre. The request may only include acreage Iimiwions within the 1/3 to I acre range for which the Slone has denied water quality certification. In cases where the EP A has requested coordination of projects as described here, the Corps -wilnorward the PCN to EPA only. The PCN will then be forwarded to the Fish and Wildlife Service and the National Marine Fisheries Service by EPA under agreements among those agencies. Any agency receiving the PCN will be bound by the EPA timeframes for providing comments to the Corps. ' -I I (f) Wetlands Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps. For NWP 29 see paragraph (b)(6)(iii) for parcels less than O.S acres in size. The pennittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore. the 30-day period (45 days for NW:P 26) will not start until the wetland delineation has been completed and submitted to the Corps. where appropriate. I (g) Mitigation: Faaors that the District Engineer will consider when determining the acceptability of appropriate and practiCable mitigation include, but are not limited to: I (i) To be practicable. the mitigation must be available and capable of being done considering costs, existing technology. and logistics in light of the overall project purposes; (ii) To the extent appropriate, pennittees should consider mitigation banking and other forms of mitigation including contributions to wetland trust funds, "in lieu fees" to organizations such as The Nature Conservancy. state or county natural resour::e management agencies, where such fees contribute to the restoration, creation, replacement. enhancement. or preservation of wetlands. Furthermore, examples of mitigation that may be appropriate and practicable include but are not limited to: reducing ule size of the project; establishing wetland or upland buffer zones to protect aquatic resource values; and replacing the loss of aquatic resource values by creating, restoring, and enhancing similar functions and values. In addition. mitigation must address wetJarld impacts. such as functions and values. and cannot be simply used to offset the acreage of wetland losses that would occur in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5 acres of wetlands cannot be created to change a 6-acn: loss of wetlands to a I acre loss; however, 2 created acres can be used ~ reduce the impaCts of a 3-acre loss.). I I I 14. Compliance certifiCDtiOlt Every permittee who has received a Nationwide permit verification from the Corps will submit a signel1 certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization lener and will include: a A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions: b. A statement that any required mitigation was completed in accordance with the penni!: conditions; c. The'signature of the permittee certifying the completion of the work and mitigation. I . I S. Multiple use of Nationwide permits. In any case where any NWP number 12 through 40 is combined wi~ any other NWP number 12 through 40, as pan of a single and complete project, the permittee must notify the District Engineer in accordance with paragraph:. a. b, and c on the "Notification" General Condition number 13. Any NWP number lthrough II may be combined with any other NWP without notification to the Corps, unless notification is othCTwise required by the terms of the NWPs. As provided at 33 CFR 330.6(c) two or more different NWPs can be combined to authorize a single and complete project. However. the same NWP cannot be used more than once for a single and complete project. I I SECTION 404 ':)NL Y CONDmONS: I In acldition to the General Conditions, the following conditions apply only to activities that inVOlve the discharge of dredged or fill n.1aterial into waterS of the U.S.. and must be followed in order for authorization by the NWPs to be valid: , 1. Water rupp/y intalee:. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the disCo!....... ~.. _..of the public water supply intake sU'Uctures or adjacent bank stabilization. I ~o €.. -- \~ 12 I' :.~. I 2. ShellfISh production. No discl1arge of dredged or till material may occur in areas of concentrated shellfISh production, unless the discharge is directly related to a shellfish harvesting activity authorized by NWP 4. I 3. Suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.,) and material discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). I 4. Mitigation. Discharges of dredged or till material into waters of the United Stales must be minimized or avoided to the maximum extent practicable at the project site (i.e., on-site), unless the District Engineer approves a compensation plan that the District Engineer detennines is more beneficial to the environment than on-site minimization or avoidance measures. I S. Spawning areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. I 6. Obstruction ofhighf/ows. To the maximum extent practicable, discharges must not pennanently restrict or impede the passage: ofnonnal or expected high flows or cause the relocation of the water (unless the primary purpose of the till is to impound waters). I '7. Adverse effecufrom impoundments. {fthe discharge cn:atcs an impoundment of water, adverse effects on the aquatic system cau:;cd by the accelerated passage of water and/or the restriction ofits flow shall be minimized to the maximum extent practicable. :I. Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. _II . -~'. -Remuval of temporary fills. Any temporary tills must be removed in their entirety and the affected areas returned to their preexi:;ting elevation. I I I I I I I I I I I C.o (,- '7 \3 I" I I I I I I -I I I I I I I I I I I I CSXT Form 2037-G - Page 1 Revised January 1997 ~ Agreement No. CSX-03l952 PIPELINE CROSSING AGREEMENT " A II THIS AGREEMENT, Made as of February 18, 1998, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor" and BOARD OF COMMISSIONERS OF AUGUSTA-RICHMOND COUNTY, a municipal corporation, political subdivLs:ion or state agency, under the laws of the State of Georgia,whose mailing address is 1815 Marvin Griffin Road, Augusta, GA 30906, hereinafter called "Licensee", WITNESSETH: WBEREAS, Licensee desires to construct and maintain a certain pipeline or duct work, solely for the transmission of stormwater, hereinafter called . "Pipeline" under or across the track(s) and property owned or controlled by Licensor at or near Augusta, County of Richmond, State of Georgia, located at Valuation Station 37+00, Milepost YAS-0.70, Augusta Subdivision, hereinafter called the "Crossing"; as shown on print of Licensee's Drawing KL03l952, dated January :27, 1998, attached hereto and made a part hereof; other details and data pertain~~g_t~ said Pipeline being as indicated on Licensee's Application Form, dated Ja.:luary 27, 1998, also attached hereto and made a part hereof: NOI.] , THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Licensor, insofar as it has the legal right, power and authority to do so, and its present citle permits, and subject to: (A) Licensor's present and future right to occupy, possess and use its property within the area of the Grossing for any and all purposes; (B) All encumbrances, conditions, covenants, easements,. and limitations applicable to Licensor's title to or rights in the subject property; and contained; (C) Compliance by Licensee with the terms and conditions herein does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change said Pipeline at the Crossing above solely for the use statE!d above, for the term herein stated, .and to remove same upon termination. 1.2 The term Pipeline, as used herein, shall include only the pipes, ducts! casing, vents, manholes, connectors, fixtures, appliances and ancillary facilitie~; devoted exclusively to the transmission usage above within the Crossing, and as shown on attached Application Form. C S'X - ~ \ I I I I I I I -I I I I I I I I I I I I CSXT Form 2037-G - Page 2 Revised January 1997 ~ Agreement No. CSX-03l952 1. 3 No additional Pipeline or Wireline or other facilities shall be placed, allowed or maintained by Licensee in, 'upon or along the Crossing except upon separate prior written consent of Licensor. 2. LIGENSE FEE; TERM: 2.1 In lieu of annual payments and in consideration of Licensor's waiver of future fee increases, Licensee shall pay Licensor a one-time nonrefundable License Fee of TWO HUNDRED FIFTY AND 00/100 U. S. DOLLARS ($250.00) upon execution of this Agreement. 2::2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Pipeline or Crossing. 2.3 Effective Date of this Agreement shall be the date first: written above. License shall be revocable only in the event of Licensee's default, as herein pxo~ici.?d, but shall also t:erminate upon (a) Licensee's cessation of use of the Pipeline or Crossing for the purpose(s) above, (b) removal of the Pipeline, and/or (c) subsequent mutual consent. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indire.:tly, with any part of the cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof, or for any public works project of which said Pipeline is a part. 3. CONSTI~UCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alt:er, and/or remove said Pipeline, in a prudent, workmanlike manner, using quality materials and complying with: any applicable standard(s) or regulation(s) of Licensor (A.R.E.A. Specifications) and Licensee's particular industry, and/or any governmental or regulatory body having jurisdiction over the Crossing or Pipeline. 3.2 Location and construction of Pipeline shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor, and of material(s) and size(s) appropriate for the purpose(s) above recited. 3.3 All Licensee's work- and exercise of rights hereunder shall be undertaken at time(s) satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's track(s). ~ S ^ - ~~ I I I I I I I -I I I B I I I I I I I I CSXT Form 2037-G - Page 3 Revised January 1997 ~ Agreement No. CSX-03l952 3,4 In the installation, maintenance, repair and/or removal of said PipelinE!, Licensee shall not use explosives of any type or perform or cause any blasting; without the separate express written consent of Licensor. As a conditic,n to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to Pipeline, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in nC) event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.15 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or ~nJ ury, may request immediatE! repair or renewal of the Pipeline, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3./' Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Crossing, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train sch,=dules) arising from any failure of Licensee to make or from improper or incomplete repairs or maintenance of Pipeline. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Crossing for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, constructi.on, health, safety or environmental matters) , letter(s) or certificat:e (s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization( s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (state, federal or local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act: (OSHA) (20 CFR 1926.65l(b), et al.), and State "One Call" -"Call Before You Dig" requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) "r approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. ~.S 'J.. - A). I I I I I I I -I I I I I I I I I I I I CSXT Form 2037-G - Page 4 Re~ised January 1997 ~ Agreement No. CSX-03l952 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation upon Licensor's property, Licensee, at its sole cost and expense. shall: (A) Support track(s) and roadbed of Licensor, in a manner satisfactory to Licensor; (B) Backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) Either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner as Licensor may approve. 5.2 After construction of Pipeline. Licensee shall: (A) Licensor; and Restore said track(s), roadbed and other disturbed property of (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of Pipeline or related facilities. 5.3 Licensee shall remain responsible for any settlement of the track(s) or roadbed for a period of one (1) year subsequent to completion of installation. 6. TRACJ( CHANGES: 6.1 In the event that Licensor's rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of Licensor':; track(s) or other facilities, or in the event fut~re use by Licensor of right-of -way and property necessitate any change of location, height or depth of Pipeline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in Pipeline or Crossing to accommodate Licensor's track(s) or operations. 6.2 If Licensee fails to do so. Licensor may make or contract to make such changes at Licensee's cost. 7. PIPE CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of Pipeline and Crossing in relation to Licensor's tracks and facilities. and shall relocate Pipeline or change Crossing. at Licensee's expense, should such relocation. or change be necessary to comply with the minimum clearance requirements of this Agreement or of any public authority. c:. S-x - Al\- I I I I I I I -I I I I I I I I I I I I CSXT Form 2037-G - Page 5 Revised January 1997 % Agreement No. CSX-031952 7..2 If Licensee undertakes to revise, renew, relocate or change all or any part: of Pipeline (including any change in circumference , diameter or radius of pipe or carrier pipe, change in operating pressure, or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before any such change is made. After approval the terms and conditions of this Agreemen.t shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Pipeline/Crossing herein permitted may not presently interfere with Licensor's railroad operations or facilities, in the event that the oper,3.tion, existence or maintenance of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or otherwise) with Licensor's communication, signal or other wires, powerlines, train control system, t)r facilities; or (b) interference in any manner with the operation, maintenance or use by Licensor of its right-of-way, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either e:,::e~_t,_Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly take such reme:dial action or make such changes in its Pipeline or its insulation or carrier pipe, as may be required in the reasonable judgment of Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so, at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs, maintenance or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK; LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agl~eed that: 9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law (Constitutional or Statutory, as amended), shall defend, indemnify and save Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in. any way be subj ect~ed to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to '.or loss of or destruction of any property whatsoever, arising out of, resul ting from, or in any way connec ted wi th the cons truc tion, presence, existence, repair, maintenance, replacement, operations, use or removal of Pipeline 0:: any structure in connection therewith, or restoration of premises of Licensor t,) good order or condition after removal, EXCEPT when caused solely by the fault 'n negligence of Licensor. <::'Sx - -"5 I I I I I I I -I I I I I I I I I I I I CSXT Form 2037-G - Page 6 Revised January 1997 ~ Agreement No. CSX-03l952 9.2 Use of Licensor's right-of-way involves certain risks of loss or damage a.s a result of Licensor '.S rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or Pipeline in, on, over or under the Occupancy, including loss of or any interference with use thereof, regardless of cause, including electrical field creation, fire or derailment arising out of Licensor's rail operations. For this Section, the term "Licensee's Property" shall include pipe contents as well as property of third parties situated or placed upon Licensor's right-of-way by Licensee or by such third parties at request of or for benefit of Licensee. 9. J Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss ~'hich may result from Licensee's failure to maintain either the Pipeline or the rHquired depth and encasement for Pipeline. 9 .l~ To the extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground w_~te_r .Qn or off the Crossing area, arising from or in connection with the use of this Crossing or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through said Pipeline; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of Licensor's tracks arising from such Pipeline leakage, etc. 9.5 Obligations of Licensee hereunder to defend, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control or are controlled by or subsidiaries of or are affiliated with Licensor, and their respective officers, agents and employees. 9.6 If a claim is made or action is brought against either party, for which the other party may be responsible hereunder in whole or in part, such other parl:y shall be notified and permitted to participate in the handling or defense of such claim or action. 10. INSURANCE: 10. 1 Prior to commencement of surveys, construction or occupation of Crossing pursuant to this Agreement, Licensee shall procure, and shall maintain during the continuance of this Agreement, at Licensee's sole cost and expense, a policy of Commercial General Liability Insurance (CGL), naming Licensor as additional insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently recommended as a prudent limit to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to RAILROAD prior to cance1.lation or modification of any policy. c:..S"j...-ACo I I I I I I I 1 I I I I I I I I I I I ", CSXT Form 2037-G - Page 7 Revised January 1997 ~ Agreement No. CSX-031952 10.2 If said CGL policy does not automatically cover Licensee's contractual liability during periods of survey, construction, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchasE:d by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 10.4 Securing such insurance shall not limit Licensee's liability under this Agr'~ement, but shall be addi tional security therefor. 10,5 In the event that Licensee or its agents or contractor(s) shall perform ,:onstruction or demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(sr~' r-oaabed, overpass or underpass, Licensee shall (a) notify Licensor and (b) pay to Licensor the sum of TIlO HUNDRED FIFTY AND 00/100 U. S. DOLLARS ($250.00), to cover the cost of adding this Occupancy (Crossing) to Licensor's Railroad Protective Liabilitv (RPL) Policy for any period of actual construction or demoli.tion. 11.' GRADf: CROSSINGS: FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee, or any contractor of Licen~ee, to move any vehicles or equipment over track(s) of Licensor, except at public road crossing(s), without separate prior. written approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it advisable, during the progress of any construction, maintenance, repair, renewal, alteration, change or removal of said Pipeline, to place watchmen, flagmen, inspectors or supervisors at the Crossing for prote.:tion of operations of Licensor or others on Licensor's right-of-way, and to keep persons, equipment and' materials away from Licensor's track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and ,~xisting labor agreements, Licensee may provide such flagmen, watchmen, inspectors: or supervisors, during all times of construction, repair, maintenance, replacemer::t or removal, at Licensee's sole risk and expense; and in such event, Licensor ~;hall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. 12. LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee';;;. continued use of Licensor's property as a result of Track Changes or Pipe Changes shall also be paid by Licensee. ~SD<..- ~l I I I I I I I -I I I I I I I I I I I I CSXT Form 2037-G - Page 8 Revised January 1997 % Agreement No. CSX-03l952 12.2 Licensor's expense for wages (" force account" work) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor, subject to Licensee's budgetary rules. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all materials used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate(s). 12.4 All undisputed bills or portions of bills not paid within said thirty (30) days shall thereafter accrue interest at twelve percent (127.) per annum, unless limited by local law, and then at the highest rate so permitted. Unless Licensee shall have furnished detailed objections to such bills within said thirty. (30) days, bills shall be presumed undisputed. 13. DEFAULT, BREACH, WAIVER: IT: r The proper and complete performance of each covenant of this Agreement: shall be deemed of the essence thereof, and in the event Licensee fails or refusE!s to fully and completely perform any of said covenants or to remedy any breach, ~~ithin thirty (30) days after receiving a written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergenc~T), Licensor shall have the option of immediately revoking this Agreement and the :privileges and powers hereby conferred, regardless of license fee(s) having been paid in advance for any annual or other period. Upon such revocatic'n, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of any breach of covenant or condition shall not be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of: (a) revocation, (b) termination, (c) subsequent agreement, or (d) Licensee's removal of Pipeline from the Crossing. However, neither revocation nor termination of this Agreement shall affect any claims and liabilitiHs which may have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party; however, waiving any third party defenses or actions. 14.2: Wi thin thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties hereto agree otherwise, (b) restore property of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. ~5x.-~~ I I I I I I I -I I I I I I I I I I I I CSXT Form 2037-G - Page 9 Revised January 1997 % Agreement No. CSX-031952 15. NOTICE: 15.1 Licensee shall give Licensor's Division Engineer (100 Oakland Avenue, FlorenCE!, SC 29506) at least five (5) days' written notice before doing any work on Licensor's right-of-way, except that in cases of emergency shorter notice may be giver:, to said Division Engineer. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address above, c/o CSXT Contract Administration, J180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by cO:l.1rler, and shall be effective upon (a) actual receipt, or (b) date of refusal c)f such delivery. 16. ASSIG;NMENT: l6~ 1'- The rights herein conferred are the privilege of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2.2 and 16.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of documents attesting to such change.or legal succession, within thirty (30) days thereof. 16. ,+ Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee or vendee of Licensor's underlying property interests in the Crossing, upon notice thereof to Licensee. 16.5 In' the event of any unauthorized sale, transfer, assignment, sublicenSE! or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by written notice to Licensee or any such assignee; and Licensee shall reimburse Licensor any loss, cost or expense incurred by Licensor as a result of Licensee's failure to obtain said consent. 16.6 In the event of sale or other conveyance by Licensor of its Right-of- Way, acros:s, under or over, which the Crossing(s) is constructed, Licensor's conveyance shall be made subject to the right of Licensee to continue to occupy the Crossing on the specific segment of Right-of-Way, and to operate, maintain, repair, renew thereon and to remove therefrom the facilities of Licensee, subj ect to all other terms of this Agreement. ~5X- ~~ I I I I I I I 1 I I I I I I I I I I I CSXT Form 2037-G - Page 10 Revised January 1997 % Agreement No. CSX-031952 17. TITLE; LIENS, ENCUMBRANCES: Ii'. 1 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by Licensee's Pipeline, nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein created. 17.2 Nothing herein shall be deemed to act as any warranty, guarantee, or representation of the quality of title of the Rail Right-of-Way or Corridor occupied or used under this Agreement:. Further, Licensee shall not have or make any claims against Licensor' for damages. on account of any failure or insufficiency or deficiencies in title to such Rail Right-of-Way or Corridor or any portion thereof covered by this Agreement. 17.3 Nothing in this Agreement shall be deemed to give, and Licensor hereby expressly waives, any claim of ownership in and to any part of Licensee's Pipeline. 17'~4'- Licensee shall not create or permit any mortgage, pledge, security, interest, lien or encumbrances, including without limitation, .tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation, repair, maintenance or operation of Licensee's Pipeline in or on any portion of the Crossing (collectively, "Liens or Encumbrances"). to be established or remain against the Crossing or any portion thereof or any other Licensor property. 17.5 In the event that any property of Licensor becomes subject to such Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Lien or Encumbrances has been filed or docketed against the Crossing or any other property of Licensor; however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 18. GENEFtAL PROVISIONS: 18.1 This Agreement. and the attached specifications, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any prov~s~on hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the b,anefit of any third person. 18.3 Neither the form of this Agreement, nor any language herein, shall be interp:reted or construed in favor of or against either party hereto as the sole draf1:er thereof. ~S^-~\t) I I CSXT Form 2037-G - Page 11 Revised January 1997 % Agreement No. CSX-031952 I 111.4 This Agreement is executed under current interpretation of applicable federal, state, county, municipal or other local statute. ordinance or law(s). However, each separate division (paragraph, clause, item, term. condition, covenant: or agreement) hereof shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon thE! validity or enforceability of each other separate division, or any combination thereof. I I 18.5 This Agreement shall be construed and governed by the laws of the state in which the Pipeline and Crossing is located. I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicat,;! (each of which shall constitute an original) the date first above written. 1 Witness j~6i:- Licensor: I \1 ~ ll'~ _ ~~'*'- ~ ~~ _\L~ ~ Print/Type Title: I I Witness for Licensee: BOARD OF COMMISSIONERS OF AUGUSTA-RICHMOND COUNTY I .~~u) ffirms that authority to do so and to Licensee to the terms and of this Agreement. I I I Print/Type Name: Larry E. Sconyers Print/Tjpe Title: Mayor ~ I Tax Identification No.: 58-2204274 I I Authority under Ordinance or Resolution No. dated Mav 19, 1998 I lNI...... __. ~pJ' CS~-A\\ I I I I , I I I -I I I I I I I I I I I I APF'LICA nON FOR PrPELINE CROSSING tiNDER/OVER PROPERTIES ~'1D TRACK CSXT 7455 Rev. 1~)1-1997 Val Sc:c. (Map) \J \ S \ & l\~~ ~\ ~ '1 Applic:Ition md plan:i must be approved and written JUthority received from the Railroad Company before constrUction is b~ Proposal and coostrUc::on must be in :1CCordanc= with CSXT's Specifications. The Ammc:m R.J.ilway Engineerin; ..uso~.ation S!,ecific:aions mci m:f governing laws or regulations. Original.:md one: copy of both applic:mon and Cr.lwing should be: submitted to: CSX Transportation, Property Services 1180. 500 Waxer Strc::t, Jacksonville. Ft 3::0:. C Sx -63\'\5a... 1. Complere L~j Name of JPplic:mc Board of Commissioners of Augusta-Richmond Co. Company Conrac:: ~ame: Jack Murohv TIde:Jd.irector/Public Works Telephone: l--Jne; .) 796-5066 Fax: ( 7ne; 796-'1045 ., Address: 1815 .~arvin Griffin Rd. City: I\llgl1c:r;:l Stare{'::n Zip: 1nqnh ~. T;'l'e of business: Individual, Developer, x Municipality, Corporation. (State in whici1 incorporated: ), Partnership, (type and swe of Partnership ) 4. Loc:i.tion: f=t (direction) from IUilroad Milepost State docks lead S and A 0.7 (See Roadmaster McEleven) at inter. 2nd St. & Revnolds St. 'Valuation Station of C:ossing if known: Val. Map NOll. 401-S1B or VI IPl 5. Town; Augus~:a County: Ri r:hmnnd State: GA 6. Angie of c:ossing: 90 i. Temporary track support or ripnpping~? Yes No x 8. Wires. poles. obst:uc:ions to be reloc:IIed? Yes No x 9. ~ciuc: to be COIlJfe'Y.ed_Stormwater Flammable? Yes 10. Max. Working Pn:ssure N/A PSI. Fieid Test Pressure 11. Loc:IIion of shut-<:.ff vaives (See attached olan) 1:' Number of :nani:1oles loc:tted on Railroad Right...:Jr: Way: 13. ?!P~ sp~CmC..\'!10NS: C.-\RR!ER ?!PE: Ma:terial Steel n; OP Material SpecifiQ1ions ~ Grade C53 Minimum Yield S ~ati1 of Material PSI 35 KS I Inside Diameo-.er' 48" Wall Thickness .688" Outside Diameo-.er 49 . 3 76 .. Type of Se:un N/A Kind of Joints Welded Total Length Within Railroad Right...:Jf-Way 45 feet Ve:nrs: Number N/A Size Seals: Both e:nds _ N/A Bury: Base of rail to top of ca.sing l? fee't, Bury: (Below ditches) feet, CATHODlC PROTECTION: Yes PROTECTIVE COATING: Yes 14. Method of installalion Bore & Jack 15. If ~plic::Jtion is 3. revision to an c:xisting 3gI'ec:mc:nt. give agreement number md date: 16. If this a. supplemeot to a master (general) 3g!eCI1ent. give agreement number and date: Ii. If Aegis member, worle to be performed by: ~ Contr:lC:Or _ Company employees 18. 'Will pipe be loc:1te:d in limits of public road Right-of-Way? Yes_... Y No right...:Jr:'way on print. DOT/AAR. Crossing No. N/A (For RR Use) Division ~ lo~€..NC.E:.. Subdivision ~~ LOCDon: Val. Sea. 3'1.+00 MilepostY~S- c. O. (DesC'tioe 3l1d Detail on Drawing) (Desc=ibe and Detail on Drawing) No x TempeI"3IU!e Ambient PSI. Type Tes! CASING ?rP~: 'A ~];I inc:i:1es, inees No No Height above ground One end Bury (Not beneath tr:1.clcs) _ re:t. inches x x Kind MIA !\JIll. If "yes", show the road If applic:u:ion is apprclved, applicant agrees to reimburse CSXT for any cost inCUITeCi by me lUilroad incident to installarion. mamtClance. and/or stJ,pervision nec::ssitated by this pipeline installation and further agrees to assume all liability for x;idents or injuries whic:i1 arise JS :1 result ofmis installation. Should open cut in.sta1lation be required. applic::mt will be responsible for all costs inC.ln'ed by CSXT to remove and reinstall rail md incidental traCk re:surfacing. Noa~refuacbble Applic:uion Fee in the :mount or 5300.00 is m:u:.1ed. ftlJ~o.Y 2 ~ /5198 Date Si Please Type or Print: Jack ~urphy Name - Director/Public (706 ) 796-5066' Tide Works Tc.!cphone Number c:. S ~ - 1\ \'" I I I I I I I -I I I I I I I I I I I I CSXT Form 2037-G - Page 1 Revised January 1997 % Agreement No. cSX-031951 PIPELINE CROSSING AGREEMENT Cl B" THIS AGRE&'1ENT, Made as of February 18, 1998, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202. hereinafter called "Licensor" and BOARD OF COMMISSIONERS OF AUGUSTA-RICHMOND COUNTY, a municipal corporation, political subdivi~;ion or state agency, under the laws of the State of Georgia, w~ose mailing address is 1815 Marvin Griffin Road, Augusta, GA 30906, hereinafter called wLicensee". WITNESSETH: WHEREAS. Licensee desires to construct and maintain a certain pipeline or duct work, solely for the transmission of stormwater. hereinafter called "Pioeline" under or across the track(s) and property owned or controlled by Licensor at or near Augusta, County of Richmond, State of Georgia, located at Valuation Station 41+00, Milepost YAS-O.77, Augusta Subdivision, hereinafter called the "Crossin~"; as shown on print of Licensee's Drawing KL03l951, dated January 27, 1998, attached hereto and made a part hereof; other details and data pertaining to said Pipeline being as indicated on Licensee's Application Form, dated January 27, 1998, also attached hereto and made a part hereof: NO!il, THEREFORE, in consideration of the mutual covenants, conditions, terms and agre:ements herein cont:ained, the parties hereto agree and covenant as follows: 1. LICEN:SE: l.:~ Licensor, insofar as it has the legal right, power and authority to do so, and its present ::itle permits, and subject to: (A) Licensor's' present and future right to occupy, possess and use its property within the area of the Crossing for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitatie,ns applicable to Licensor's title to or rights in the subj ect property; and contained; (C) Compliance by Licensee with the terms and conditions herein does hereby license and permit Licensee to construct, maintain, repair, renew, operate, '\J.se, alter or change said Pipeline at the Crossing above solely for the use statl~d above, for the term herein stated, and to remove same upon termination. 1. 2 The term Pioeline, as used herein. shall include only the pipes, ducts, casing, vents, manholes, connectors, fixtures, appliances and ancillary facilitie:~ devoted exclusively to the transmission usage above within the Crossing, and as shown on attached Application Form. "C5^-'O\ I I I I I I I -I I I I I I I I I I I I CSXT Form 2037-G - Page 2 Revised January 1997 % Agreement No. CSX-03l9Sl 1. 3 No additional Pipeline or Wire line or other facilities shall be placed. allowed or maintained by Licensee in, upon or along the.Crossing except upon separate prior written consent of Licensor. 2. LICENSE FEE; TERM: 2.J. In lieu of annual payments and in consideration of Licensor's waiver of futurE! fee .increases, Licensee shall pay Licensor a one-time nonrefundable License Fee of TWO HUNDRED FIFTY AND 00/100 U. S. DOLLARS ($250.00) upon execution of this Agreement. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any addicional annual taxes and/or perlodic assessments levied against Licensor or Licensor's property solely on account of said Pipeline or Crossing. 2.3 Effective Date of this Agreement shall be the date first written above. License shall be revocable only in the event of Licensee's default. as herein pr,)vided, but shall also terminate upon (a) Licensee's cessation of use of che Plp-eli-ne or Crossing for the purpose(s) above, (b) removal of the Pipeline, and/or (c) subsequent mutual consent. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed. directly or indirectly, with any part: of the cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof. or for any public works project of which sai~ Pipeline is a part. 3. CONSTFWCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct. maintain, relocate. repair. renew, alter, and/or relIi,ove said Pipeline, in a prudent. worknianlike manner, using quality mat:erials and complying with: any applicable standard(s) or regulation(s) of Licensor (A.R.E.A. Specifications) and Licensee's part:icular industry, and/or any government,al or regulatory body having jurisdiction over the Crossing or Pipeline. 3.2 Location and construction of Pipeline shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor, and of material(s) and size(s) appropriate for the purpose(s) above recit:ed. 3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at time(s) satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's track(s). csx- B~ I I I I R I I 1 I I I I I I I I I I I cSXT Form 2037-G - Page 3 Revised January 1997 ~ Agreement No. CSX-03l9Sl 3.4 In the installation, maintenance, repair and/or removal of said Pipeline, Licensee shall not use explosives of' any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or e:cpense of furnishing said monitor. 3. S Any repairs or maintenance to Pipeline, whether resulting from acts of Licen!.ee. or natural or weather events, which are necessary to protect or facilitat:e Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for' such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Pipeline, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3. i -- N'ei ther the failure of Licensor to obj ec t to any work done, material used, or method of construction or maintenance of said Crossing, nor any approval given or ~.upervision exercised by Licensor, shall be construed as an admission of liabillty or responsibility by Licensor, or as a waiver by Licensor of any of the obliE;ations, liability and/or responsibility of Licensee under this Agreement. 3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make or from improper or 'incomplete repairs or maintenance of Pipeline. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Crossing for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction. health, safety or environmental matters), letter(s) or certificatl~ (s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorizatIon(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (state, federal or local) having jurisdiction over Licensee's activities, including the location. contact, e,,:cavation and protection regulations of the Occupational Safety and Health Act (OSHA) (20 GFR 1926. 651(b), et al.). and State "One Call" _ "Call Before You Dig" requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. ~S^-%3 I I I I I D I 1 I I I I I I I I I I I CSXT Form 2037-G - Page 4 Revised January 1997 ~ Agreement No. cSX-03195l 5. MARI'<:ING AND SUPPORT: 5.1 With respect to any subsurface installation upon Licensor's property, Licensee, at its sole cost and expense, shall: (A) Support track(s) and roadbed of Licensor, in a manner satisfa<:tory to Licensor; (B) Backfill with satisfactory material and thoroughly tamp all trenche~; to prevent settling of surface of land and roadbed of Licensor; and (C) Either remove any surplus earth or material from Licensor's property' or cause said surplus earth or material to be placed and distributed at locatior::(s) and in such manner as Licensor may approve. 5.2 After construction of Pipeline, Licensee shall: (A) Licensor; and Restore said track(s), roadbed and other disturbed property of (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of Pipeline or related facilities. 5..3 Licensee shall remain responsible for any settlement of the track(s) or roadbE!d for a period of one (1) year subsequent to completion of installation. 6. TRACK CHANGES: 6. j~ In the event that Licensor's rail operations and/or track maintenance result i::1 changes in grade or alignment of, additions to, or relocation of Licensor's track(s) or other facilities, or in the event future use by Licensor of right-of-way and property necessitate any change of location, height or depth of Pipeline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor. shall make changes in Pipeline or Crossi.ng to accommodate Licensor's track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. PIPE CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of Pipeline and Crossing in relation to Licensor's tracks and facilities, and shall rel~cate Pipeline or change Crossing, at Licensee's expense, should such relocatio::1 or change be necessary to comply with the minimum clearance requirements of this Agreement or of any public authority. c::..s ~-B'+ I I I I I I I 1 I I I I I I I I I I I CSXT Form 2037-G - Page 5 Revised January 1997 ~ Agreement No. CSX-03l95l 7 ,2 If Licensee undertake's to revise. renew, relocate or change all or any parl: of Pipeline (including any change in circumference, diameter or radius of pipe or carrier pipe, change in operating pressure, or change in materials transmitted in and through said pipe), or is required by any public agency or court o!'der to do so, plans therefor shall be submitted to Licensor for approval before a,ny such change is made. After approval the terms and conditions of this Agreement shall apply thereto. 8. INTEf;~FERENCE WITH RAIL FACILITIES: 8.1 Although the Pipeline/Crossing herein permitted may not presently interfere with Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or otherwise) with Licensor's communication, signal or other wires, powerlines, train control system, or facilities; or (b) interference in any manner with the operation. maintenance or use by Licensor of its right-of-way, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interfei;~n'ce';- and at Licensee's sole risk, cost and expense, shall promptly take such remHdial action or make such changes in its Pipeline or its insulation or carrier pipe, as may be required in the reasonable judgment of Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so, at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline. Licensor hereby reserves the right to inspect same and to require Licensee to undertake: necessary repairs, maintenance or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK; L./ABILlTY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law (Constitutional or Statutory, as amended), shall defend, indemnify and save Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subj ec ted to, on account of death of or inj ury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or 10Hs of or destruction of any property whatsoever, arising out of, resul ting from, or in any way connec ted wi th the cons truc tion, presence, existence" repair, maintenance, replacement, operations, use or removal of Pipeline c,r any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when caused solely by the fault or negligence of Licensor. c::.s~-~ .; I I I I I I I -I I I I I I I I I I I -I CSXT Form 2037-G - Page 6 Revised January 1997 ~ Agreement No. CSX-031951 9.2 Use of Licensor's right-of-way involves certain risks of loss or damage as a result of Licensor's rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or Pipeline in, on, over or under the Occupancy, including loss of or any interference with use thereof, regardless of cause, including electrical field creation, fire or derailment arising out of Licensor's rail operations. For this Section, the term "Licensee's Property" shall include pipe contents as well as property of third parties situated or placed upon Licensor's right-of~way by Licensee or by such third parties at request of or for benefit of Licensee. 9.:3 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss "rhich may result from Licensee's failure to maintain either the Pipeline or the required depth and encasement for Pipeline. 9 .l~ To the extent permi tted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable att:orneys' fees, as a consequence of any sudden or nonsudden pollution of air, water. land and/or ground wa,ter on or off the Crossing area, arising from or in connection with the use of th-t.s- Crossing or resulting from leaking, bursting, spilling. or any escape of the material transmitted in or through said Pipeline; (b) any claim or liability' arising under federal or state law dealing with either such sudden or nonsudden, pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of Licensor's tracks arising from such Pipeline leakage. etc. 9.5 Obligations of Licensee hereunder to defend, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control 0:1:' are controlled by or subsidiaries of or are affiliated with Licensor. and their respective officers, agents and employees. 9.6 If a claim is made or action is brotight against either party, for which the other party may be responsible hereunder in whole or in part, such other party shall be notified and permitted to participate in the handling or defense of such claim or action. 10. INSUR.lINCE: 10. j~ Prior to commencement of surveys, construction or occupation of Crossing pursuant to this Agreement, Licensee shall procure, and shall maintain during the! continuance of this Agreement, at Licensee's sole cost and expense, a policy ,)f Commercial General Liabilitv Insurance (CGL) , naming Licensor as additional insured, and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION DOLLARS ($3,000,000) Combined ~:ingle Limit per occurrence for bodily injury liability and property damage liability is currently recommended as a prudent limit to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to RAILROAD prior to cancellation or modification of any policy. c: 5X- R ro I I I I I B I -I I I I I I I I I I I I CSXT Form 2037-G - Page 7 Revised January 1997 % Agreement No. CSX-03l95l 10.2 If said eGL policy does not automatically cover Licensee's contractual liability during periods of survey, construction, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead ,)f a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self-insure or self-assume. in any amount(s). any cont::acted liability arising under this Agreement, under a funded program of self - ins'.lrance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be additional security therefor. 10,5 In the event that Licensee or its agents or contractor(s) shall perform ,:onstruction or demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(sf:' roadbed, overpass or underpass, Licensee shall (a) notify Licensor and (b) pay to Licensor the sum of 'NO HUNDRED FIFTY AND 00/100 U.S. DOLLARS ($250.00;', to cover the cost of adding this Occupancy (Crossing) to Licensor's Railroad Protective Liabilitv (RPL) Policv for any period of actual construction or demoli.tion. 11. GRADI: CROSSINGS: FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee, or any contr'actor of Licensee, to move any vehicles or equipment over track(s) of Licensor, except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it advisable, during the progress of any construction. maintenance, repair, renewal, alteration, change or removal of said Pipeline, to place watchmen. flagmen, inspectors or supervisors at the Crossing for protection of operations of Licensor or others on Licensor's right-of-way, and to kHep persons, equipment and materials away from Licensor's track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and existing labor agreements, Licensee may provide such flagmen, watchmen, inspectors or supervisors, during all times of construction, repair, maintenance, replacemel~t or removal, at Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or neglect of. such watchmen, flagmen. inspectors or supervisors. 12. LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommc)date Licensee's continued use of Licensor's property as a result of Track Changes or Pipe Changes 'shall also be paid by Licensee. C:::~~-~1 I I I I I I I 1 I I I I I I I I I I I CSXT Form 2037-G - Page 8 Revised January 1997 ~ Agreement No. CSX-03l95l l:~. 2 Licensor's expense for wages ("force account" work) and materials for any work performed at the expense of Licensee pur~uant hereto shall be paid by LicenseE! wi thin thirty (30) days after receipt of Licensor's bill therefor, subject to Licensee's budgetary rules. 1~~.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overheac', percentages. the actual cost of materials, and insurance, freight and handling: charges on all materials used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate(s). 12.4 All undisputed bills or portions of bills not paid within said thirty (30) days shall thereafter accrue interest at twelve percent (127.) per annum, unless limited by local law, and then at the highest rate so permitted. Unless Licensee shall have furnished detailed obj ections to such bills within said thirty (30) days, bills shall be presumed undisputed. 13. DEFAIUL T, BREACH, WAIVER: 13.1 The proper and complete performance of each covenant of this Agreemeni: shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or to remedy any breach, \lithin thirty (30) days after receiving a written notice from Licensor to do so (or within forty-eight (48) hours iri the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the :;>ri vileges and powers hereby conferred, regardless of license fee (s) having been paid in advance for any annual or other period. Upon such revocatic1n, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of any breach of covenant or condition shall not be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of: (a) revocation, (b) termination, (c) subsequent agreement, or (d) Licen;see's removal of Pipeline from the Crossing. However, neither revocation nor termination of this Agreement shall affect any claims and liabilitil~s which may have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however. waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties hereto agree otherwise, (b) restore property of Licensor i.n a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost: or expense of Licensor resulting from such removal. c::.~,^ ~ B~, I I I I I I I 1 I I I I I I I I I I I CSXT Form 2037-G - Page 9 Revised January 1997 ~ Agreement No. cSX-031951 15. NOTICE: 15.1 Licensee shall give Licensor's Division Engineer (100 Oakland Avenue, Florence, SC 29506) at least five (5) days' written notice before doing any work on Licensor's right-of-way, except that in cases of emergency shorter notice may be given to said Division Engineer. ' 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address above, c/o cSXT Contract Administration, JIBO; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by cOllrier, and shall be effective upon (a) actual receipt. or (b) date of refusal of such delivery. 16. ASSIGNMENT: l6-:r- The rights herein conferred are the privilege of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2.2 and 16.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor notice of any legal succession (by merger, c':msolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of documents attesting to such change or legal successio;n, within thirty (30) days thereof. 16.,~ Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee or vendee of Licensor's underlying property interests in the Crossing, upon notice thereof to Licensee. 16. S In the event of any unauthorized sale, transfer, assignment, sublicensE~ or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by written notice to Licensee or any such assignee; and Licensee shall reimburse Licensor any loss, cost or expense incurred by Licensor as a result of Licensee's failure to obtain said consent. 16.6 In the event of sale or other conveyance by Licensor of its Right-of- Way, across, under or over, which the Crossing(s) is constructed, Licensor's conveyance shall be made subject to the right of Licensee to continue to occupy the Crossing on the specific segment of Right-of-Way, and to operate, maintain, repair, renew thereon and to remove therefrom the facilities of Licensee, subject to all other terms of this Agreement. C::5^-'R~ I I I I I I I i I I I I I I I I I I I CSXT Form 2037-G - Page 10 Revised January 1997 ~ Agreement No. CSX-03195l 17. TITLE; LIENS, ENCUMBRANCES: 17.1 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by Licensee's Pipeline, nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein created. 17.2 Nothing herein shall be deemed to act as any warranty, guarantee, or representation of the quality of title of the Rail Right-of-Way or Corridor occupied or used under this Agreement. Further, Licensee shall not have or make any claims against Licensor for damages on account of any failure or insufficiency or deficiencies in title to such Rail Right-of-Way or Corridor or any portion thereof covered by this Agreement. 17.3 Nothing in this Agreement shall be deemed to give, and Licensor hereby expressly waives, any claim of ownership in and to any part of Licensee's Pipeline, 17..4 Licensee shall not create or permit any mortgage, pledge. security, interest, lien or encumbrances, including without limitation, tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation. repair, maintenance or operation of Licensee's Pipeline in or on any portion of the Crossing (collectively, "Liens or Encumbrances"), to be established or remain against the Crossing or any portion t:hereof or any other Licensor property. 17.5 In the event that any property of Licensor becomes subject to such Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Lien or Encumbrances has been filed or docketed against the Crossing or any other property of Licensor; however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 18. GENEFtAL PROVISIONS: 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any prov~s~on hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the b,enefit of any third person. 18.3 Neither the form of this Agreement, nor any language herein, shall be interp'reted or construed in favor of or against either party hereto as the sole draf~er thereof. <:::,~ 'K - B \(j I I cSXT Form 2037-G - Page 11 Revised January 1997 ~ Agreement No. CSX-03l95l I 18,4 This Agreement is executed under current interpret:ation of applicable federal, state, county, municipal or other local statute, ordinance or law(s). However, each separate division (paragraph. clause, item, term, condition, covenant or agreement) hereof shall have independent and severable status for the determincLtion of legality. so that if any separate division is determined to be void or \Lnenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. H I 18.5 This Agreement shall be construed and governed by the laws of the state in which the Pipeline and Crossing is located. I I IN WITNESS WHEREOF. the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original) the date first above written. -I ~itness ~)r-Lfcensor: I L_:\~ ~~. ,_L~ Print/Type Title: I I I ~itness for Licensee: ' BOARD OF COMMISSIONERS OF AUGUSTA-RICHMOND COUNTY ffirms that authority to do so and to Licensee to the terms and of this Agreement. ~htuJ I By: ,I \.lho, b he/she ha bind the conditions I Print/Type Name: Lam E. Sconyers I Print/Type Title: Mavor Tax Identification No.: 58-2204274 I I Authority under Ordinance or Resolutiotl No. dated M~y lq. lqqg ~. I ". dlIaIlIIIl't ~ II ~lMbm r~-fj1 ~ S'f..- \S 1) I . CSXT i455 AP~?UCATION FOR PIPEI..n-i'E CROSSING UNDER/OVER PROPSTIES ~\1D TRACK ~. (.11-1997 Val Se::. (Map)~5 ( B f\B~ ~ \~~r"'( Applic:aioo md plans must be ~proved and written :mthority received from the Railroad Company before constrUction is oe;rm. ?roposai md constntc:ion must be in JC:Ordanc: with CSXTs Specifications. The Americ:m R.1jlway Engineering Assoc:~on Spe-=ific:ttions and my governing laws or re~arions. Original md one copy or both applic:Won and dr:1wing sbould be submitted to: CSX T~o['Q1ion. ?rope:'tY Services 1180. 500 WaIf:': Scre:t. Jacksonville. FI. j::O:. CS'I.. - 03 \ q S \ 1. CJmplere L~l Name of ~plic:mt: Board of Commis~; nnprc:: nF ~"'g"",..,,-t); ,..h...I"'\"'~ C'" CJmpany Conc.c: ~ame: Jack Mur,:,hv Title: Director/Pnhl i (" Wnrkc:: TdetlClone: (706 .) 796-5066 Fax: ( 706 7Qn-C;045 .. Ad~ess: '-I81S Marvin Griffin Rd. C:ty: Auqusta State: GA Zip: 30906 ~. Type of business: Individual. Deveiope:', X Municipality, Corpor:mon. (Swe in whiclI inCOrpOraIl:d: ), Partnership, (type and state of Partnershtp ) , .1. Loc:u:ion: fe:: (direction) from R.1ilroad Mil~ost (For RR Use) Division f"1.o~c.E- Subdivision ~S~ Loc:n:ion: Val. Sea. ~\-+60 Milepost "1~S- 0-'1 i) . I I I I I I I Srare ~nc~c:: lQ"n ~ "...~ , ~.7(sPQQn~nm~C::~Qr , ValuaIion St3IiOIl. of C:ossing if known: 5. Town: Augusta 6. Angie or c::'Ossing: i. Te:npor.uy ~ support or ripr.Ipping required? Yes No 3. Wires.. poles. ooscruc:ions to be reloc:ned? Yes No X 9. ?rociue:: co ~e cotlveyea- St-(')r-.,'N~-t-P'" F1ammable'? Yes 10. Max. Working Pressure xr/~ PSI. Fieid Test ?ressure 11. Loc::IIion of shut-off valves ( ~ Q Q "-t-....,,,..I., Q"o ~, " ~ \ 12. Number of man.i:llJles locted. on R.Jilroad Right~f-Way: 13. PIPE S?ECmCATIONS: CA.R.ttIER PIPE: M3Ie:ial MaIe:ial S~.iiC:1rions &: Gr:uie Minimum Yield :5lI'::1gth or Y1aIcrial PSI !D.sicie Diame:e:- Wall T"a.icic:l.ess Outside Diam~= TYl=e of Se:ml Kind of JointS Totai L:1"atil Within R.iliroad RigJ:lt-:lf.Way Ve-nrs: Numbe:- N/.!\. Siz= S~: Boch e-nds N/ A Bury: Base or rail to top of C:1.Sing 12 fe="'_ Min. !.noes. Bury: (Beiow ditl:hes) feet, CA nmmc PROTECTION: Yes PROTECT!V'E COATING: Yes 14. Mcti:lod of insclbrion Bore & Jack 15. If ~plic:u:ion is :1 revision co an existing Jgreement. give ~enr number and date: N/A 10. If this J. supplClJe:1t to a master (gencr.ll) agre=ment. give agree:1le:1r l1umber and date: N/ A Ii. ff A~is member, work to be performed by: 2- Contr3C".or __ Company employees 18. Will lJi>;:e De loc::t:ed in limits of public road Right-.>r-Way? Yes. )( No right~f"way on lJrint. DOTI A.AR Crossing No. N/ A ~o County: Mr-'C"'lotF.ol"'l) ~'t iP<ttgr ~nr~yrhp ~r Val. MaD No. V. 402-S1B or Vl lPl Richmond State: GA ,c:; ~PYT'!n 1 r!!; s,t -I I I I X (Desc:1be :mci Detail on Drawing) (Desc:'ibe and Detail on Drawing) No :r Tc::nper:lIUI': AmbiQ!"lr ?Sr. Type T~t CASiNG ?~E: ~~OQ1 t)";~p rC; 1 l"i t(~T 48..,. I h88" dQ 17~" N/A '.'1elded 45 feet Height above ground One end Bury (Not oene:W1 ir.1cks) _ r:::. I inc::c:s inees No No x X Klnd I I I . If "yes", silow the road I If applic:uion is ~proved. applic::mr agrees to reimburse CSXT for any cost incurred by the Railroad incident co installation. maUltenanc:. and/or 5uocrvlsion nec::ssiClIed by this pipeline inst::LIlarion and further agrees to assume ill liability for JCcide:1ts or injuries whi~ Jrise ~; ~ result orchis install:1Iion. Should open cut installation be required. applic::mt will be responsible for ail costs inC"m'ed oy CSXT to remove md reinstall i.1il md inc::dent:1l craclc resurf:u:ing. Nou-r-efuucbble Applic:u:ion Fee in the :mount of S300.0~':::;Z2 y 2 ~ /998 ~4.~4 Dare ~ &. Title of Offi ; , Appliction' Jack Murph'l Director/Public Works(706 ) 796-5066' PIc:::1SC Type or Pr.nt: , , Name Tide T~iephone Number ~SJ(-Bld.... I I I I I I I o I -I I I I I D I I I I I I cs.ra TESTING AND ENGINEERING CO., INC. 1005 EMMETT STREET. SUITE A AUGUST A, GEORGIA 30904 (706) 733-6960 FAX (706) 737-01329 November 26, 1997 ZEL Engine~rs, Inc. 435 Telfair Street Augusta, Georgia 30901 Attn: Mr. David Drown, P.E. Re: Forsythe Street Sewer Augusta, Georgia (B-11397) Dear Dave: As requested, we have completed a Geotechnical Subsurface Exploration for the above referenced project. The purpose of our exploration was to determine the types of subsurface soils and the water level below the existing ground surface. Our soil test borings revealed the upper soils as being loos:e sands and sandy silts underlain by stiff silty clays and loose silty sands. Groundwater was encountl~red at sixteen to seventeen feet (16'-17') below the existing ground surface. Please refer to the individual test boring records for water level measurements. A Boring Location Plan is presented on the following pages of this report. Please call if you have any questions or need further service. Respectfully submitted, CS~ T~g anJ1 Engineering Co.,Inc. 111 ~ V !-l-Q,--- Michael W. Pope MWP/dq ST- \ Member of American ,Society for Testing and Materials UO/U,JJtItI ;lU:~1 .t'AA IUO/oJ/U04i:lI I I I I I I I 1 I I I I I I I I I I! Q OJ I IV( ~SOr~fY'Ie"J-Is ~,.Otvl e.k/'.s-l-,'N2f <jr"b ulo.Jd 5c.~r~e ~o IIJo.fL' I G~ ~ , ~ D ~... ~ BORING LOCATIONS CSRA TESTING Sj{V2lNN21H $lIVf,!R ---- ~-~-- ---~ --.....-.. -- - - ~ ---- - --- LE\(Ee: B-2 _r- B-1 ~ ~DD[ ~ _ BOARD :::J I .s ~DD[ ] ELLIS B Qr~ - ~ ] ..~E 4 DD~ I. B- =:J I IDD[ ] TELFAIR ] ~ DD[ WALKER ~ - I DD~ I-- ' I g ~ WATKINS ST. ~ 8-5 < ~ I ~Ol WATER' LEl{eL~ D~Y€ ~ JII~/qT I 8-1 /1 B-Z. 17 I B-3 I~ 8- 4 It, g-s I~ 7/30/99 {3-1 J 20.33 / B-3 /9. / / ' / 8-5 /3./3 6/z/Qq B-1 20.4f / /3-3 19.03 / 5-5 / c. 9~ / 57- fA BORING LOCATION PLAN FORSYTHE SEWER PROJECT AUGUSTA, GEORGIA ..08 NO- oelllJNGllIY 8-11397 llCoOLE ~ ." N.T.S. J. C.P. IlA Tt: CtEClllllIIY 11/27/97 J. Pot.P. c~sra TESTING & ENGINEERING CO.. INC. , 005 ~"'ETT STReel. SUITe l . AUOUSTA. GEORGIA _ . {7otl 713-ft611 _ t'l-. \ ~ BORING LOCATIONS S:AV2I.NN:AH !RIVf:R -- ~-- ~-- ~--- - --- - ~ - -- - LEVEE B-2 ~ 8-1 ~ RTJD[ _ BOARD =:J r ~ ~DD[ ] B ELLIS - ,- ] GR~E DD~ B- ~ ~r -.~ ::::JI II Ie. J~AIR d DD[ ;U <n ~ IT! Jw~~ <n DD[ ~ - DD~ - - "' 0 -C-. l> WATKINS ST. :u 8-5 -< :... ~ BORING' LOCATION PLAN FORSYTHE SEWER PROJECT AUGUSTA, GEORGIA C!lra TESTING & ENGIINEERING CO., INC. 1005 EMMETT STREET, SUITE A. AUGUSTA, GEORGIA 30904 . (706) 733-6960 s\ - '2- JOB NO, DESIGNED BY, 8-11397 SCALE DRAWN BY N.T.S. J.e.p. DATE CHECKED BY 11/27/97 J.M.P. I I m I I I I -I ,I I B I I I B I I c!>>ra TESTING & ENGINEERING CO., INC. AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET. SUITE A PROJECT Forsythe Street Sewer LOCA TION Augusta, Georgia BORING NO. NovenDer 6, 1997 B-1 DATE DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VAlUE (N) UNIFIED CLASS. PERCENT MOISTURE Finn Dark Brown. S' klose, Brown, Silty Sand 6 @ 2' 5' IDose, Brownish-Tan Sandy Silt 7 @ 4' IDose, Stiff, Brownish-Tan Sandy Silty Clay 10 @ 7' 10' FiI:m, B]:owIl Sand 15' 15 @ 14' 20' 13 @ 19' Stiff, Brown Slightly Sandy Silty Clay IDose, E:rown Silty Sand 7 @ 14' Boring Tenninated at 25 feet. 30' 35' I 40' N Value is number I)f blows of 140 pound hammer required tOI drive 2" split-tube I sampler one foot after seated. ~ (after 24 hours) - WATER TABLE 5\-3 I I I I I I I -0 D D U I B I I I I I D c~sra TESTING & ENGINEERING CO., INC. AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET. SUITE A PROJECT Forsythe Street Sewer LOCATION ~sta, Georgia BORING NO. B-2 DATE Novenber 7, 1997 DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED ClASS. PERCENT MOISTURE Finn, Dark B:t"C7tm Silty Sand Loose, Brown Silty Sand 7 @ 2' 5' Loose, Brownish-Tan Sandy Silt 5 @ 4' Stiff, B:t"C7tm Sandy Silty Clay 9 @ 7' 10' 11 @ 9' 15' 13 @ 14' Stiff, Brown and Tan Sandy Silty Clay 20' 14 @ 19' 9 @ 24' Boring 'Tenninated at 25 feet. 30' 35' 40' N Value is number elf blows of 140 pound hammer required to drive 2" split-tube sampler one foot after seated. ~(after 24 hours) - WATER TABLE S\ -L\- I D I I I I I -I I I I I I I I I I c!;ra 1005 EMMETT STREET, SUITE A TESTING & ENGINEERING CO., INC. AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 PROJECT Forsythe Street Sewer LOCATION Augusta, Georgia DEPTH FEET 30' 35' BORING NO. DATE B-3 ~ 7, 1997 VISUAL SOIL DESCRIPTION PENETRATION VAlUE (N) Finn, Dark B:roWn Silty Sand IDose, Brown Silty Sand 6 @ 2' 5' IDose, Brownish-Tan Sandy Silt 8 @ 4' 10 @ 7' 10' IDose, Brown Silty Sand 10 @ 9' 15' 21 @ 14' Stiff, Brown and Tan Sandy Silty Clay 11 @ 19' 20' 12 @ 24' Boring Tenn:i.nated at 25 feet. I 40' N Value is number of blows of 140 pound I hammer required t'D drive 2" split-tube sampler one foot after seated. UNIFIED PERCENT CLASS. MOISTURE 16' (~~TfR2fA~) Sl- 5 I I I I DEPTH FEEl' I U I -0 I I I I D D D I I 40' o N Value is number of blows of 140 pound hammer required to drive 2" split-tube I sampler one foot after seated. c~)ra TESTING & ENGINEERING CO., INC. AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET, SUITE A PROJECT Forsythe Street ~ lOCA TlON Augusta, Georgia BORING NO. 8-4 DATE November 7, 1997 VISUAl SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED CLASS. PERCENT MOISTURE FiJ:m, D3.rk Brown Silty Sand 8 @ 2' 5' Finn to Stiff, Brown. and Tan Sandy Silty Clay 9 @ 4' 11 @ 7' 10' FiJ:m, ~~~_and Tan Sandy Silt 12 @ 9' Finn, Tim Silty Sand 15' 12 @ 14' 20' Stiff, Brown. and Tan Slightly Sandy Silty Clay 19 @ 19' 16 @ 24' Boring ']'emrinated at 25 feet. 30' 35' 16' (after 24 hours) -===- WATER TABLE ~1- <c I I I I n I D c!;ra TESTING & ENGINEERING CO., INC. AUGUSTA, GEORGIA 30904 (706) 733-6960 (FAX) 737-0629 1005 EMMETT STREET, SUITE A PROJECT Forsythe Street Sewer LOCATION Augusta, Georgia BORING NO. ~ 25, 1997 8-5 DATE DEPTH FEET VISUAL SOIL DESCRIPTION PENETRATION VALUE (N) UNIFIED ClASS. PERCENT MOISTURE Loose, Brc:MIl and Tan Silty Sand 5' 10 @ 7' _0 u I I I I I o U I I Finn",~:~ and Tan Silty Clay 8 @ 9' Loose, DarK Brown Silty Sand 6 @ 14' 20' Loose, Brown Micaceous Silty Sand 7 @ 19' 8 @ 24' Boring Irenninated at 25 feet. 0-5' a\JI~ refusal . 30' 35' 40' I N Value is number of blows of 140' pound hammer required_ to drive 2" split-tube I sampler one foot after seated. 16' (after 24 hours) ~ WATER TABLE - S\-l