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HomeMy WebLinkAboutStevens Creek Road Augusta Richmond GA DOCUMENT NAME: "CSt~Ve,ns C rc.. c:J:( rvo CLd DOCUMENT TYPE: Coniro..c..{ YEAR: 02 BOX NUMBER: ~~ FILE NUMBER: )69 c:x:s NUMBER OF PAGES: ,:'50 :( i .~ f f r f ( f r 1- r ,,- I .1 I'. 1 I _I 4~ ... "...-.. kJ:; 4F- d g- CONTRACT DOCUMENTS FOR STEVENS CREEK ROAD PROJECT NO.: 321-04-288821235 GA D.OT PROJECT NO. PRLOP-564-2(245) RICHMOND " ,I I' '- i' ~ AlA Document A312 Performance Bond Bond 103701047 Conforms with the American Institute of Architects, AI A Document A312, 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 Address): City of Augusta Public Works and Engineering Department 1815 Marvin Griffin Rd, Augusta, GA 30906 CONSTRUCT19N <;ONTRACT Date: 1/1'5 {'O..-z, Amount: $1,157,552.20 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Description (Name and Location): Project No: 321-04-288821235 - Stevens Creek Road BOND Date (Not earlier than Constmction Contract Date): J / f '3 Jo "1....- Amount: $1,157,552.20 I Modifications to this Bond: "ltv', CONTRACTbE-'''AS''iRlfl.2h~AL .' .", - - '. :\. '; Companv:-' :;'~" .-' '-, "..-.; ~ -..... 1"..; ,....."""'0("" -~..... Mabus f~th~' r.:c~~:,,~ti~~~O., Inc ,~ ~"~~ Signatur~:5', '... -~. . .::: Name an~~i.~e.>-~MR..e)(.~OOLS 13'-1 V. P. (Any addltI6nal'slgnatllr;es'iappear on page 1.,) "',t1>'r -' \ ...,\1.' (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: Palmer & Cay of Georgia, Inc p, 0, Box 52427, Atlanta, GA 30355/404 504 8150 (Corporate Seal) 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the pertonnance of the Constmction Contract, which is incorporated herein by reterence. 2 If the Contractor perti.11111S the Constmction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to pllrticipate in conferences as provided in Subparagraph 3.1, 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise atler: 3.1 The Owner has notitit:d 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 litleen days aileI' receipt of such notice to discuss methods of perfonning the Constmction Contract. If the Owner, the Contra(;[or and the Surety agree, the Contractor shall he 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 Casuallty and Surety Company of America ... , (C"orporate Seal) " Y,~ ~ Signature: U/4 ~ Name and Title: W. G. Van Buskirk, Attorney in Fact --;.,. ;:;. .' ~~ /,-, OWNER'S REPRESENT A TTVE (Architect, Ehgiti'eer-or' other party): -,,, - perti.mn the Construction Contract, but such an agreement shall not waive the O\\~ler'S right, if any, subsequently to declare a Contractor Det~llIlt; and 3.2 The Owner has declared a Contractor Default and lonnally tenninated the Contractor's right to complete the contract. Such Contractor Del~llIlt shall not be declared earlier than twenty days atter the Contractor and the Surety have received notice as provided in Subparagraph 3,1; and 3.3 The Owner 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 pertonn the Construction Contract in accordance with the tenns of the contract with the Owner. 4 When the Owner has satislied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the lollowing actions: -"; 4.1 AlTlmge for the Contrm;tor, with wnsent of the Owner, to per/ann and complete the Construction Contract; or 4.2 Undertake to pertimn and complete the Construction Contract itsell: through its agents or through independent contradors; or 4.3 Obtain bids or negotiated proposals from qualilied contractors acceptable to the Owner tilr a contract for perfonnance and wmpletion of the Construction Contract, arrange lilr a coiltract to be prepared lor execution by the Owner and the contrador selected with the Owner's concurrence, to be secured with perfonnance and payment bonds executed by a qualilied surety equivalent to the bonds issued on the Constrm;tion Contract, and pay to the Owner the wnount of damages as described in Paragraph 6 in excess or the Balance of the Contract Pric,~ incurred by the Owner resulting from the Contrador's default; or 4.4 Waive its right to perfonn and complete, ammge for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 Aller investigation, detennine the amOlll1t for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment theretor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons theretor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in de!~lUlt on this Bond lineen days aner receipt of an additional written notice li'om tlie Owner to the Surety demanding that the Surety perlonn its obligations under this Bond, and the Owner shall be entitled to .enlorce any remedy available to the Owner. If 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 entorce any remedy available to the Owner. 6 Aller the Owner has tenninated the Contractor's right to complete the Construction Contract, and if the Surety elects to ad under Subparagraph 4.1, 4,2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than tilose of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Pricl: to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication lor: 6.1 The responsibilities of the Contractor lor correction of detective work and completion of the Construction Contract; 6.2 Additional legal, design prolessional and delay costs resulting Irom the Contractor's Default, and resulting Irom the actions or tililure to act ofthe Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed perfonmmce or non-perJonnance of the Contrador. 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 tile Balance of the Contract Price shall not be reduced or set otT on account of any such unrelated obligations, No right of action shall accrue on this Bond to any person or entity otiler than the Owner or its heirs, executors, administrators or successors, 8 The Surely hereby waives notice of any change, including changes of time, to the Construdion 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 after Contractor Default or within two years atler the Contractor ceased working or within two years aller the Surety refuses or [ails to perfonn 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 tile 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 fumished to comply with a statutory or other legal requirement in the location where the constmction was to be pert\mned, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions contonning to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be eonstmed as a statutory bond and not as a common 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 aller all proper adjustments 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 Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Constmction Contract. 12.2 Constl1lction Contract: The agreement between the Owner and the Contractor identilied on tile signature page, including all Contract Documents and changes thereto. 12.3 Contractor Detinlll: Failure of the Contractor, which has neither been remedied nor waived, to perfonn or otherwise to comply with the tenns of the Construction Contract 12.4 Owner Delimit: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Constmction Contract or to perfonn and complete or comply with the other tenns thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page,) CONTRACTOR AS PRlNCJ:PAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: S-1852IGEEF 10199 (Corporate Seal) Signature: Name and Title: Address: Page 2 of 2 ~ .... AlA Document A312 Bond 103701047 Payment Conforms with the American Institute of Architects, AlA Document A3 12. 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, Augusta, GA 30901 OWNER (Name and Address): City of Augusta Public Works and Engineering Department 1815 Marvin Griffin Rd, Augusta, GA 30906 CONSTRUCTfON CONTRACT Date: 1 (I c:) I D'l--- Amount: $1,157,552,20 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Description (Name and Location): Project No: 321-04-288821235 - Stevens Creek Road BOND Date( Not earlier than Constmction Contract Date): 11' 5/ OL,. Amount: $1,157,552.20 Modifications to this Bond: CONTRAG:'TO&-f\S~I?RING:IP AL .>:' ~.." ..' "Jr..~ -""; Companv:-/('~ "--"-'"'-."~ ~ ,.~,.. - -,'~~ MabustBrothers,Constr.uCtlOrl Co., Inc f~' ;'~3 ~_._~ -- ~ J~ ..f % (Corporate Seal) , ~.~,- ~- :- Slgnat9te: " "- ., -\,..., Name 5~~Tit!e: -4.~/?JI{;'f,' ~OL 513 Y (Any adaifiol1(ilsignat)ire~S<appcar on page 2.) '.. Jt'~_ ~"'!. ":' ....' (FOR INFORMATJO,N_0NL Y - Name, Address and Telephone) AGENT or BROKER: Palmer & Cay of Georgia, Inc P. O. Box 52427, Atlanta, GA 30355/404 504 8150 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment li.llllished for use in the perfonmlllce 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, indemnifies 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 t'or use in the perfonnance of the Constmction Contract, provided the Owner has promptly notitied the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and 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 3/00 Page 1 of 2 ~ None D See Page 2 SURETY Company: Travelers Casualty ./Corporate Seal) and Surety Company of America .d' C' /'./, f' / Signature: 11/ /fl Y~/~~::?I Name and Title: W. G. Van Buskirk, A~or~ey in Fact /- . 1'... ...'r... r.& ... ,.' OWNER'S REPRESENTATIVE (Architect,"Engineer or other party): 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The 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 then:ol: to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount ofthe claim, 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contraetor and sent a copy, or notice thereof, to the Owner, within 90 days aller having last perlonned labor or last lumished 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 lumished or supplied or for whom the labor was done or perfonned; and .. .2 Have either received a rejection in whole or in part from the Contral;tor, or not received within 30 days of fumishing the above notice any conununication lrom the Contractor by which the Contractor has indicated the claim will be paid diredly or indirectly; and .3 Not having been paid within the above 3D days, have sent a written notice to the Surety (at the address desl;ribed in Paragraph 12) and sent a copy, or notil;e thereot: to. the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice fumished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contral;tor or to the Surety, that is sul1icient complianl;e, 6 When the Claimant has satistied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the t(lllowing actions: 6.1 Send an answer to the Claimant, with a wpy to the Owner, within 45 days alter rel;eipt of the daim, stating the amounts that are undisputed and the basis for l;hallenging any amounts that are disputed, 6.2 Payor arrange fill' 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 l;redited Illr any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contral;tor under the Constnll;tion Contrad shall be used for the perlonnanl;e of the Constflll;tion Contrad and to satist)/ daims, if any, under any Construction Pertlmmmce Bond, By the Contractor fumishing and the Owner accepting this Bond, they agree that all funds eamed by the Contral;tor in the perlonmuKe of the Constflll;tion Contrad are dedil;ated to satisly obligations of the Contral;tor and the Surety under this Bond, suhjed to the Owner's priority to use the tlll1ds lor the wmpJetion of the work, 9 The Surety shall not he liable to the Owner, Claimants or others lor obligations of the Contrador that are unrelated to the Construction ContnKL The Owner shall not be liable 101' payment of any l;OStS or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notil;es on behalf oC or otherwise have obligations to Claimants under this Bond, 10 The Surety hereby waives notil;e of any dlange, including l;hanges of time, to the Constflldion Contract or to related subcontracts, purchase orders and other obligations, 11 No suit or action shall be commenced by a Claimant under this Bond other than in a cOUl1 of competent jurisdiction in the location in which .' MODIFICA nONS TO THIS BOND ARE AS FOLLOWS: the work or part of the work is located or after the expiration of one year lrom 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 perlonned by anyone or the last materials or equipment were Ilmlished by anyone under the Constfllction Contract, whichever of (I) or (2) lirst 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 sutlicient compliance as of the date received at the address shown on the signature page, 13 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where the constfllction was to be pertonned, any provision in this Bond conllicting with said statutory or legal requirement shall he deemed deleted here1i'om and provisions conllmning to sUl;h statutory or other legal requirement shall be deemed inwrporated herein, The intent is that this Bond shall be constflled as a stahl tory hond anduot as a common law bond, 14 Upon request hy any person or entity appearing to be a potential henetil;iary of this Bond, the Contractor shall promptly fumish a copy of this Bond or shall pennit a copy to be made, 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contral;t with the Contractor or with a subcontral;tor of the Contral;tor to Illmish labor, materials or equipment for use in the pertonnance of the Contract. The intent of this Bond shall be to include without limitation in tenns "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Constfllction Contract, architectural and engineering servil;es required lor perfonnance of the work of the Contrador and the Contral;tor's subcontractors, and all other items lor whidl a mechanil,;'s lien may be asserted in the jurisdiction where the labor, materials or equipment were lumished, 15.2 Constflldion Contral;t: The agreement between the Owner and the Contractor identilied on the signature page, including all Contrad DOl;uments and changes thereto. 15.3 Owner Default: Failure of the Owner, which }U1S neither been remedied nor waived, to pay the Contractor as required by the Constfllction Contrad or to pertonn and complete or wmply with the other tenns thereof. (Space is provided below for 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: $-1853/GEEF 3/00 (Corporate Seal) Signature: Name and Title: Address: Page 2 of 2 f: ~ i' i " TR\ VELERS CASUALTY AJ'ffi SURE TY CO MP ANY OF Al\1ERICA TRAVELERS CASUALTY AND SURETY C01\fPANY FAR!\'llNGTON CASUALTY COMPAt"'IY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPA.NT Q]? ILLINOIS Naperville, U1inois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORt~EY(S)-IN-FACT Ki'fOW 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 COlVIPANY OF 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, C)'nthia M. Ward or Renee A. Lauth * * 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 tile following line be filled in, within the area there designated the following instrument(s): by his/her 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 the 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, the 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 Company'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 remove 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 part 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 thereof is 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 undertaking shall be valid and binding upon the Company when en) signed by the President, any Vice Chainnan, 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 Assisumt 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 COlVIPANY, FARMINGTON CASUALTY COlVIPANY and TRAVELERS CASUALTY AND SURETY COMPA1~Y OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature 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 and attesting bonds and undertakings and other writings obligatory in the nature thereoC and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid -an::! binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid..tln_d bifid~g upon,the Company in the future with respect to any bond or undertaking to which. it is attached, ./:/>__ - _.~~-- -- 2..'.: :;'~ -= --.. - (8-97) ~ /- --. --;.. -." 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Sams. Director M3ry Bedenbaugh, Purchasing Agent Room 605 - Municipal Building 530 Greene Street - A'uguS't4, Ga_ 30911 (706) 82\-2422 - FAX (706) 821-2811 MEMORANDUM TO: All Bidders FROM: Geri A. Sums DATE: December 3, 2001 ADDENDUM #3 Item Bid #01-166 Stevens Creek Road SUBJ: Please note the following changes OD addendum 3 for the Ste~en5 Creek Road Project- Delete sheets P2 and P3 of the propc,lsal and replace with sheets dated November 14, 2001, which are attached. The anSwers to some of the questions from Addendum 1 that were not clear are answered here in Addendum 3. They are listed below. Question 3 On plan sheet 14, a note call.s forl'elocatiOD oftheexst WVB- Where is the new location of the WVB? Answer Back of Curb or back of sidewalk if applicable. Question 4 On plan sheet 13 there is n(lted "tie new 8" D.l.P. to exst. Water main." Also, on plan sheet 14 there is a 12"tie-in required that is not noted. What is required at these two locations and how will this worle be paid for? Answer lnclude in lump S1JIn constrUction. Question 5 On plan sheet 16 there is noted 5S L.F. gravity retaining wall. Ga. Std. 903l-L shows gravity walls as class B concrete with no reinforcing steel. How is this wall to be paid for? 1-10.'-:'1-2001 0: : 14 'i ~ -\~ RRC PURCHRS II'!G I I- I I I I I I I I I I I I I I; 1\ I', I purchasing Department .. Cieri A. Sam!:, Director Mary Bedenbaugh. purchasing Agent Room 605 - Munlc:lp1l1 Building 530 Greene Street - Augusta., Ga. 30911 (706) 821-2422 - FAX (706) 621-2611 MEMORANDUM TO: All Bidders FROM: Geri A. Sams DATE: November 21,2001 ADDENDUM #2 Item Bid #01-166 stevens Creek Road SUBJ: Please note the following changes on addendum 1 for the Stevens Creek Road Project. T!>e bid opening date haS been changed from Thursday, November 29, 2001 @ 11:00 a.m. to Friday, December 7, 2001 @ 3:00 p.m. Please acknowledge receipt of addendum in your bid package. If you have any qUeStions reganling this correspondence, please contaet me .1 (706) 821.2422. Cc: Brenda Byrd-Pelaez, Equal Opportunity Officer Teresa Smith, Public: Works Robert dements, Public Works File TOTAL P.02 .I I- I I I I I I I I I I I I g I I I I ~jO',.I-1':;-2001 Oe:;: 47 ~ . ':t- 8RC F'UF:CHf=61 r'IG ~ purchasing Department ...-' ceri A. San'l$, DirectDf Mary Bedenbaugh, PurchasIng Agent Room 605 - Municipal BUilding. 530 Greene Street - Augusta, Ga. 30911 (706) 821-2422 . FAX (706) 821.28t t MEMORANDUM TO: All Bidders FROM; Oeri A. Sams DATE: November 14, 2001 SUBJ: ADDENDUM #1 Item Bid #01-166 Stevens Creek Road Please Dote the following changes on addendum 1 for the Stevens Creek Road Project. The bid opening date has been changed from Thursdny, November 15,2001 @ 3:00 p.m. to Thursday, November 29, 2001 @ 11:00 a.m. Question 1 On plan sheet 14 there is a line of 18" pipe that is noted to be plugged. On sheet 15, the same line of pipe is Doted to be removed. Which is co~ct? Answer: Removed Quenion 2. On plan sheet 14 there is a proposed line of pipe noted as 60 L.F. of 24" R_C.P, On sheet 15, the same line of pipe is noted 60 L.F, of 18" R,C'p. Which is correct? Answer: 18" R.C.P. Question 3 On plan sheet 14, 8 note calls for.rdocation of the exst WVB. Where is the new location of the y.rvB? Answer Back of Curb 1 .r.ol, I. .,1 I \1 'I II 'I I I I B I I I I I .1 .1 ~ ., -; SECTION Instruction to Bidders Georgia Prompt Pay Act .'" LIST OF PROJECT DOCUMENTS Stevens Creek Road Improvements . 1 Project Nuniber: 321-04-288821235 Minority and Economically Disadvantaged Business Support Special Conditions Right Of Way Considerations Agreement General Conditions Supplementary Conditions Proposal Construction Exit . General Notes Traffic Control County Contract REV. 8-1-01 RLC PAGES IB-l thru IB-3 PP A-I ME-I SP-l RC-2 thru RC-7 A-I thru A-4 1 thru 33 SC-I thru SC-2 P-l thru P-3 CE -1 G-I thru G-19 TC-l thru TC-23 CC-l thru CC- 42 ..- .. I I I I I I I I I I I ,I I I I I I I I SECfION 1B INSTRUCTION TO BIDDERS IB-OI GENERAL All proposals. must be presented in a sea.led envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. :Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be. withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK I Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation ~;hould be in writing addressed to the Director of Public Works, 1815 Marvin Griffin Road, August, Georgia 30906, and to be given consideration must be received at least senn working 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 to the Augusta RichmOlid County Purchasing Director at least five working days prior to the date fixed for the opening bids. The Purchasing Director shall send by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three working days prior to the date fixed for the opening of bids. . Failure of any bidder to receive. any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part ofthe.Contract Documents. IB-I I I I I I I I I I I I I I I H I I I I ill-04 PREP ARATON OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. ill-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. ill-2 I I I I I I I I I I I I I I I I I I I IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred .in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish 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 complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia.. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be make 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. ffi-3 I I I I I I I I I I I I I I I I I I I GEORGIA PROMPT PAY ACT This agreement is intended by the parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, a.c. G. A. Section 13-11-01, et seg. In the event any provision of the Contract is inconsistent with any provision of the Prompt Pay Act, the provision of this contract shall control. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same, NOTICE " All references in this document, which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to "Augusta-Richmond County Commission-.Council and all references to . "Chairman" shall be deemed to mean. "Mayor". DISPOSALS Prior to any material from this project being wasted or otherwise disposed of outside the project limits the Contractor shall furnish the Engineer a copy of written permission, signed by the property owner (or his authorized agent) describing the estimated amount and type of material to be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other such materials are to be wasted on the property, a copy of the owner's inert landfill permit, issued by the Environmental Protection Division shall be furnished to the Engineer prior to any such waste being removed from the project. In all cases, regardless of the material being wasted, a grading permit issued by Augusta Richmond County must be furnished to the Engineer. PPA-I I I 'I I I I I I I I I I I I I I m I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the, intent of the Augusta Richmond County-Council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders shall include with their bid a statement of qualifications for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. ME-I I I I I I I I I I I I I I I I I I I I STEVENS CREEK ROAD PROJECT SPECIAL CONDITIONS SCOPE: This project includes roadway improvements including pavement widening, new concrete curb & gutter, new driveways, new concrete sidewalks, new storm drainage system, new water line and traffic signal improvements and installation. LUMP SUM CONSTRUCTION: Item number 230-1000 Lump Sum Construction includes, but is not limited to the following: Bonds, insurance, locating, maintaining and reclaiming borrow and/or disposal area'), construction staking, removals and relocations not covered by a separate pay item, sawing pavement, removing and resetting of other obstructions, and any other item not covered by a specific pay item. The contractor shall submit an itemized breakdown of all items included in the price bid for Lump Sum Construction. This includes all items for which there are no specific pay item. This will provide accuracy when partial payments are requested for Lump Sum Construction. NOTE: All bidders should pay special attention to all work described in Right Of Way Considerations, specifically pages RC-2 thru RC-7, because this work is also included in Lump Sum Construction. RIGHT OF WAY CONSIDERATIONS: All work in Right Of Way Considerations shall be paid for as Lump Sum Construction. Rev. 7-18-0 RLC SP-1 I I I I I I .1 I I I I I I I I I I I I Right Of Way Considerations (page one and Items one and two have been purposely omitted) 3. Pavment for Masonrv Wall: (a) The masonry wall within the right-of-way being acquired must be removed and replaced. Condemnor agrees to remove and replace the masomy wall at its cost. The COntractor selected to perform. this work must be approved by Condemnee and A.AA Sign Company, Inc. The replacement wall must be of substantially similar construction as to labor, material and quality _ In the event a wall of similar size can be reconstructed at a location satisfactory to Condemnee on its property, the wall shall be the same dimensions as the current waIl. If a smaller wall is necessitated, the same construction requirements as to labor, material and quality shall be satisfied. (b) Should Condemnee desire a different manner of displaying its signage which would eliminate a masonry wall, Condemnor shall have the following options: (i) Condemnor shall cause same to be constructed at its cost up to the amount of an agreed upon written estimate (prepared by a contractor acceptable to Condemnee and AAA Sign CompanY. Inc.) to rebuild the existing masonry wall. The estimate shall be based on the reconstruction cost of a masonry wall of the Same size as the original wall and substantially similar construction quality as to /t' ,R L' - z.. I I I I I I I I I I I I I I I I I U I JUN-~~-~~01 17:05 P.07/11 4. labor, materials and features. Condemnee will be responsible for the cost of the new signage in excess of that estimate; or (ii) Condemnor shall pay to Condemnee's contractor(s) the amount of said estimate and Condemnee shall be responsible for the constrUction of the new signage and all costs in excess of the estimate; , r' All estimates required by this paragraph will be provided to Condemnce if and when a decision is made about the manner of displaying new or replacement signage. In the .absence of any such estimates, the attached estimate of Allen-Batchelor Construction, shall control. New Grade of Roadwav and Drivewavs: Condemnee's two driveways (or 211trances/exits) intersecting Stevens Creek Road are essential to the operation of the motel, restaurant, bar and meeting room facilities located on Condemnee's property which is the subject of this condemnation. Condemnor does not have detailed drawings of the new driveways but intends that those driveways and the ingress and egress provided thereby not be adversely impacted by this taking. Condemnor, therefore, represents to Condemnee that the paved roadway of SteveD.$ Creek Road will be slightly raised and that this will result in a slope or incline on both driveways which will not be greater than present slopes or inclines on the driveways. Condemnor further intends and represents that the new driveway slopes will make ingress and egress, by automobiles and buses, at least as good as those which presently exist. Pavine- of Drivewavs and Parkin!! Arens: The driveways and portions of the parking areas which will be disturbed during construction will be repaved to City/County s. 7' RC-:3 JUN-05-2001 17:05 I I I I I I I' I I I I I I I I I I I I P.08/11 6. standards at a minimum and to the presently existing standards of the driveways if those are greater than City/County standards. All existing curbing and guttering disturbed during construction will be replaced and/or relocated to City/County standards as a minimum and to the presently existing standards if those are greater than City/County standards. Parkin!! Lot StriDini: The condemnation appears to defInitely affect two (2) and possibly four (4) parking spaces in existing parking areas. To the extent necessary, Condemnor will re-stripe any parking areas affected by the construction as directed by Condemnee subject to City/County requirements. Trees. Shrubs and Landscapini: Condemnor will endeavor to preserve a4 existing trees, shrubs and landscaping wherever possible and will strive to remove only those trees necessary for the integrity of the condemnation project. Condemnor will identify and communicate with Condemnee concerning all trees which will be removed. Prior to beginning construction. Condemnor also will notify Condemnee of all other existing shrubbery and landscaping, including that on the existing right-of-way, which will be impacted by construction and allow Condemnee to salvage such items as it desires. Condemnor will provide Condemnee 30 days written notice of the beginning of construction on the project to facilitate any salvaging desired by Condemnee. Utilities. Liehtin2. DrllinalZe Traps and Sprinkler Systems: Condemnor will.arrange and fncilitate the replacement and reconnection of all existing utilities located within the condemnation project as they cross Condemnee's property. Without limitation, this shall include all water, electric. telephone, gas and cablevision lines, pipes and cables which 7. 8. ~ RC- f- I I I I I I I I I I I I I U .1 m I I I JUrl-~~-21:J01 17:05 P.09/11 may exist, if any. within the confines of said project. Condemnor will use its best efforts to cause the affected utilities and services to be interfered with to a minimum extent and that utility service be maintained to the greatest extent possible. Condemnor will also use its best efforts to coordinate its activities and those of its contractors to accomplish the same purposes. Condemnor, also, will relocate, replace and reconnect all drainage facilities and surface drainage traps and grates which are impacted, damaged or removed by this condemnation project. Surface drainage traps and grates simated in parking areas shall be relocated and reconnected at appropriate locations to ensure maximum effectiveness. All existing sprinkler systems shall be capped and Condemnee shall be paid $1,000.00 as provided above for a replacement spriD.k.1er system. All light poles, lighting and related electrical wires and equipment also will be relocated and reconnected as necessitated by the condemnation project and in conformity with all City/County requirements. All water valves will be appropriately relocated as will any electrical boxes, if any such boxes need to be relocated as a result of the Condemnor's construction. All relocations shall oe to appropriate, practical points and shall be adjusted to 9. grade. Reland.!lcaDinf! and Sil!nal!e: In the event Condemnor does not landscape any portion of the right-of-way or easement acquired, and the relandscaping of same would not interfere with the completed project, Condemnee may relandscape, at its cost, and, where expressly / /c --5 I I I I I I I I I I I I I D I R I I I JUN-05-2001 17:06 P.10/11 agreed to by Condemnor, use said area for new signage. Any such request must be submitted to Condemnor's public works department. 10. Retainin2 Wall: The project plans call for a retaining wall adjacent to Stevens Creek Road. Condemnor represents that this wall be installed as drawn and will be of adequate height and strength to accomplish its purpose. 11. Governmental Re!rulations: Condemnor represents that any changes required in Condemnee's porking will not adversely affect Condemnee's compliance with zoning laws nor require any variance approvals. If required by Condemnee or its lender, Condemnor will furnish a letter or certificate providing that Condemnee and the businesses operated on Condemnee's property are in .compliance with all current zoning laws, that no variances are required and that the sale of the property to a third party would not require the obtaining of any such variances. 12. Business Interference: Condemnor acknowledges that ingress and egress to and from Condemnee's property and the businesses located thereon - a motel, meeting facility, restaurant, bar - is essential. Condemnor, during construction~ will not close but one driveway at a time. One driveway will always be open for ingress and egress purposes. Condemnor, or its contractor, will notifY the motel manager of when a driveway access will be closed at least two weeks in advance of the closing. Condemnor will endeavor to cooperate with Condemnee in facilitating ingress and egress at all times. 13. . Notices: Any notice or other communication required or permitted hereunder shall be written and shall be deemed to have been given, when received, if delivered by hand, telegram, telex or telecopy, and, when placed in the mail for delivery by certified mail, return receipt requested. postage prepaid, addressed to the appropriate party as specified ~ /c- ~ I I I I I I I I I I I I, I D I .1 n I I JUN-0S-2001 17:06 ~ P.ll/ll ih this section of this Agreement. Addresses may be changed by written notice given . pursuant to this section. If mailed by certified mail, notices shall not be effective until three (3) working days after depositing in the mail or when actually received, whichever occurs first. Such notices shall be delivered as follows: If to Condemnor: County Administrator Municipal Building 530 Greene Street, Room 806 Augusta, Georgia 30911 Telephone: 706/821-1820 Fax: 706.821.1838 :Mr. Harry D. Revell Augusta/Richmond County Attorney 454 Greene Street Augusta. Georgia 30901 Telephone: 706/722-0768 Fax: 706.722.5984 If to Condemnee: 1075 Hospitality, L.P. c/o Lodgian, Inc. 3445 Peachtree Road, N.E., Suite 700 Atlanta, Georgia 30326 Telephone: 404/364.9400 Fax: 404.364.0088 Patrick J. Rice Hull, Towill, Norman, Barrett &: Salley 801 Broad Street, Suite 700 Augusta, Georgia 30901 Telephone: 706/722-4481 Fax: 706.722.9779 14. Le2s1 Action: The parties agree to undertake such legal and procedural filings as may be necessaIj'to accomplish the purposes oftbis Settlement Agreement IN WITNESS WHEREOF, the parties have executed, or caused this Agreement to be executed under seal effective the 'date set forth above. 1075 HOSP1TALITY, L.P. rBY/ ....~ 0~ / /. As its; /Ji1tw / 2) -'" f . . M:<st': _ ~ tJ '1nBla,. >1.<L ,b~P. r:J!. . k By: ~\.. 7\-- , As its: S ~C{2~ ~ D ~ S'ilVclV~ creeLc. l"'/Jfjl:;Yt /,''7/ IIV\.', i ~ 61?...e.-.../ P,.,....,iWv.. / RC--7 TOTAL P. 11 I I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT TIllS AGREEMENT, made on the --L2- day of J thJ . Augusta-Richmond County Commission-Council 200 Z by and between party of the first part, hereinafter called the OWNER, and MIH!:>l.F5 fS~7YIL..qJ;LS e~.slfl-u~/e,....f /1-/.c.. I party of the second part, hereinafter called the CONTRACTOR'. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names, agree as follows: ARTICLE 1,- 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: STEVENS CREEK ROAD IMPROVEMENTS Project Number:32I-04-28882I235 And in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - 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 285 calendar days with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the contractor and . the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be executed regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and COl).struction conditions prevailing in this locality. A-I I I I I I I I I I I I I I I I I I I I IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFlED, then the contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum. of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of 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 ofItems. No variations shall be made in the amount except as set forth in the specifications attached hereto, (b) Progress Payment 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 (7/1199 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 p~omptly 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 Document, without an Amendment to the Contract.. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims, A-3 I I I I I I I I I I I I I I I I I .1 .1 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. --"~,~, AUGUST A-RICHMOND COUNTY __-:V.1CHMO",~,\ . _ '\.~ ....000 C: ~~ CO ON-COUNCIL ~~i.""P~ ."00000. 0 ~.~ ~(Ow {~I < \\.~.~.\ SE~ i 1.: ~ ~ By: ~....~. t ::::~ ~~~ - :'lfJ . Att~ 0..0.. ~~ .pooo. " Title: Ma or of Au . ~_ '""'.0...00'" . .#' ~ Commi~~b1i~--'" . ~ >~ SEAL . . . \~. ," . .'. j < CONTRACTOR: ;l/AdllSk 1!I~s~CIJf1id..~;:~k . . .. ,~ i : ~~_'~2: ,A~ ~ } By.~........~ ~~~--'-:'_."".~A ~; ~ ~ ~~~ -'... ~..'" ~ -:; 4"~ - '^~ ~ Title: ;1{cS10/S/\/-r ~"'~:~:?S~~;::7':' ~-:-.:~~.,.. Address: 9 20 /J1dl~ y' !11/J{) fiN;"'.-- -...- "., 1l1/~.f'F/l M, .5d7~1 , Attest &~ /J1k Secretary ~(Utl~ .$W'J Witness A-4 I I I I 'I I I I I I I I I I I I I I I GENERAL CONDITIONS . I I I I I I I I I I I I I I I I o I D TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title .. DEFINITIONS..................................................... . PRELIMINARY MATTERS.... '..,...,.......... .... .............. CONTRACT DOCUMENTS: INTE:-JT. AMENDING AND REUSE............................... A V AIL\BILITY OF LANDS: PHYSICAL CO:-.rDlTIONS: REFERENCE POINTS... .... ..., ...... .......... ........... ..... ... BONDS AND INSURANCE............ _........................... CONTRACTOR'S RESPONSIBILITIES ............................ OTHER WORK .,................................................... OWNER'S RESPONSIBILITIES.................................... ENGINEER'S STATUS DURI:-.IG CONSTRUCTION .............. . CHANGES IN THE WORK......................................... CHA.NGE OF CONTRACT PRICE ......... ........ ....,.,....,.. ,.. CHANGE OF CONTRACT TIME................................... WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ...... .............. .... ... PA YMENTS TO CONTRACTOR AND COMPLETION ............ SUSPENSION OF WORK AND TERMIN.-\TION .....,. .......,.. ARBITRATION.............,.... .................... ,....... ....... MiSCELLANEOUS............ ... ...... .... .... .............. ...... 3 4 5 6 7 8 9 10 II 11 13 I.. 15 16 17 3 Page 7 8 9 10 II 14 18 19 19 21 21 14 24 26 29 31 32 I 1 INDEX TO GENERAL CONDITIONS 1 Anicie or Paragraph Number Acceptance of Insurance ............................. 5.13 1 Access to the Work .................................. 13.2 Addenda~efinition of (seedelinition of Specifications) ........................................ I Agreemenc~eftnition of ................................ 1 All Risk !nsur:l.nce: ... .. . .... .. .. .. .. . .. .. . .. .. .. ... .. " 5.6 Amendment. Written ............................. I. 3.1.1 Application for Payment.......-:lerlnition of .............;.... I 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 I AUthorized Variation in Work ......................... 9.5 Availability of Lands .................................. 4.1 Award. Notice: of--defined .............................. 1 'I I Before Starting Construction ...................... :.5-2. i Bid--1ennition of ....................................... 1 Bonds and Insurance-in general ........................ 5 I Bonds--definition of . . . . , . . . , .. . . . . .. .. . . . . . . . . . . . . .. . ... 1 .Bonds. Delivery of ............................._. :.1.5.1 Bonds. Performance and Other .................... 5.1-5.2 I Cash AIIowances .............................. ........ 11.8 Change Order~ennition of ............................. I Change: Orders-to be executed ...................... 10.4 Changes in the Work ................................... 10 I Claims. Waiver of-cn Final Payment ............... 14.16 Clarific:uions and Interpretations .................. _... 9.4 Cleaning ............................................. 6.1 i I Comp,letion . . . " . . . , . ',' . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. 14 CompletIon. Suostanual .........................14.8-14.9 Conference. Pre::onstruction .......................... :.3 Connict. Error. Discrepancy-ClJntractor I to Report ......................... . . . . . . . . . . . . . ~.j. 3.j Construction Machinery. Equipment. etc. ............. 6.~ Continuing Work ..................................... 6.~9 Contract Documents-amending and I supplementing........:.:: '....:................. 3.4-3.5 Contract Documents--dennlUon or ....;......,.....,.... 1 Contract Documents-[ntent .................... _. 3.1.3.3 Contract Documents-Reuse of ,...................... 3.6 I Contract Price. Change of .............................. 11 Contract Price-Jennition .,........,.........,.......... 1 Contract Time. Change of .............................. I: I Contract Time. Commencement oi .................... 2.3 Contract Time--1efinition of ............................ I Contractor~elinition of ................................ I Contractor May Stop Work or Terminare ............. 15.5 .1 Contractor's Continuing Obligation..,............... 14.15 Contr:lctor's Duty to Report Discrepancy in Documents .................................~ :.5.3.: Cvntr:lctor's Fee-Cost Plus... 11.4.5.6.11.5.1. 11.6-11.:- I Contractor's Liability Insurance ....................... 5.3 Contractor's Responsibilities-in general .........,...... 6 o Contractor's Wamuuy ofTicle ........................ 14.3 Contractors--other ...................................... 7 Contractual Liability Insurance........................ 5.4 Coordinating Contractor~efinition of ................ 7.4 Coordination .......................................... 7.4 Copies of Documents. . . . . . . . . . . . . . . . . .. .. .... .. . . . . . .. !.! Correction or Removal of Defective Worle ........... 13.11 Correction Period. One Year ........................ 13.12 Correction. Removal or Acceptance of Defective Worlc-in general ........ ~.................. 13.11-\3.14 Cost-net decrease ...................:............. 11.6.2 Cost of Work.................................... 11.4-[ 1.5 Costs. Suppiemental ..... . . .. . ... .. . . .. ....... .. . . .. 11.4.5 Day.......-:leiinition of ....................................... 1 Dejecrive-deiinition of ....,............................ 1 Dejecrive Work. Acceptance of...................... \3.13 Dejecrive Work. Correction or Removal of .......... 13.11' Defecrive Work-in general............... \3.14.7.14.11 Defective W orle. Rejecting ....... . .. .. .. . . . .. .. .. .. . ... 9.6 Delinitions .............................................. [ Dc:livery of Bonds ..................................... 2.1 Determination for Unit Prices ........................ 9: 10 Disputes. Decisions by Engineer. .. .............. 9.11-9.12 Documents. Copies oi ................................. 2.2 Documents. Record ................................... 6.19 Documents. Reuse .................................... 3.6 Drawings-d.eiinition of ................................. I Easements '............ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.1 Effective date of Agreement--1eiinition of .. . . . . . . . . . . . .. I Emergencies ......................................... 6.:1 Engineer-.:ieiinition of .........................,........ I Engineer's Decisions ................... _ .. .. ' ... 9. 10-9. 1:Z Engineer's--Notice Work is Acceptable........... " 14.13 Engineer's Recommendation oi Payment...... 14A. 14.13 Engineer's Responsibilities. Limitations on ................. 6.6,9.11,9.13-9.16,18.2 Engineer's Status During ConslI'Uction-in general ...... 9 Equipment. ubor. Materials and...... ........... _ 6.3-6.6 Equivalent Materials and Equipment .................. 6.7 E:tplorations of physical conditions.. ....... .. .. ...... 4.2 Fee. Contractor's-Costs Plus........................ 11.6 Field Order-derlnition of ,......................,....... 1 Field Order-issued by Engineer ................ 3.5.1. 9.5 Final Applic:uion for Payment ....................... 14.12 Final Inspection ..................................... 14. I I Final Payment and .-\cceptance ...................... 14. I J Final Payment. Recommendation of ........... 14.13-14. 14 General Provisions.............................. J7,J-liA Gener:11 Requirements-d.efinition of. ........... ......... I General Requirements-principal references [0 ................. 2.6. 4.4. 6A. 6.6-0.7. 6.23 -L 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. Certificates of ........................... 2.7. $ Insurance---.:ompleted operations........,.... ~........ 5.3 Insurance. Contractor's Liability ...................... 5.3 Insurance. Contractual Liability .,...........,......... 5.4 Insurance. Owner's Liability .......................... 5.5 Insurance. Property .............................. 5.6-5.13 Insurance-Waiver of Rights ............,............ 5.11 Intent of Contract Documents ................... 3.3.9.14 Interpretations and Clarifications ..,................... 9.4 Investigations of physiCal conditions. . _ . . .. . . . " . . . . . .. 4.:i I I I I Labor. Materials and Equipment .................. 6.3-6.5 Laws and Regulations-definition of ....,................ 1 Laws and Regulations-general ....................... 6.14 Liability Insurance-Contractor's ..................... 5.3 I Liability Insurance-Owner's ......................... 5,5 Liens-definitionsof ......,......................... 14.1 Limitations on Engineer's Responsibilities ..................... 6.6.9.11. 9.13-9.16 I Materials and equipment-fumished by Contractor .... 6.3 Materials and equipment-not .1 M~~~~~~~t~:~~:~~~~'~~.i~~~~~':::::::::::::: ~::: .1::; Miscellaneous Provisions ............................... Ii Multi-prime contracts ................................... i I Notice. Giving of . .................................... 17,1 Notice of Acceptability of Project .........,...,..... 14,13 Notice of A ward-derlnition of .......................... 1 I Notice co Proceed-<lennition of ...............,......... 1 Notice co Proceed-giving of ...................... _... ~..3 I "Or-Equal" Items ..,.................................. 6.7 Other contractors ....................................... 7 Other work . . . . . . . . . . . . . . . . , , . . . . . . . . . . . .. . . .. . . . . . . . . . .. i Overtime Work-prohibition of . ..,.,... ............ ... 6.3 '1 Owner-<lennition of .................................... 1 Owner May Correct Defective Work................. 13.14 Owner May Stop Work.. ....... ....... ........ ....... 13.10 Owner .\1ay Suspend Work. Terminate .......... 15.1-15.~ I Owner's Duty to E.'(ccute Ch,mge Orders...,......... 11.3 Owner's Liability [nsurance ........................... 5.5 Owner's Representative-Engineer to serve as .,...,.. 9.1 I Owner's Responsibilities-in general .............,...... 8 Owner's Separ.lte Representative at site,..,........... 9.3 Partial Utilization ......,........................... 14.10 I Partial Utilization-ierlnition of ........,.........,...... I Partial Ulilizatiun-Property rns.urance ......,........ 5.15 Patent Fees and Royalties ............................ 6.11 Payments. Recommendatiun of .. ..'....... l4.4-I~. 7, 14.13 I P:lyments [0 C"nc.~ctor-in general ."...............,. l~ I Payments [0 Contractor-when due ........... 14.4. 14.13 Payments to Contractor-withholding ................ 14.7 Performance and other Bonds ~.................... 5.1-5.2 Permits. .. .. . . .. . . . . . . . . .. . ... .. .... . ......... . . ...... 6.13 Physic:l! 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 Physic::Ll Conditions-possible document change ..... 4.2.5 Physic::Ll 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-<lefinition of ,................,.......... I Progress Payment. Applications for . ~ . .. .... . . . . .. .... 14.2 Progress Payment-retainage ....,.................... 14.2 Progress schedule ............... 2.6.2.9.6.6.6.29. 15.2.6 Project--definition of .................................... I Project Representation--provision for .............,... 9.3 Project Representative. Resident-<lefinition of .......... 1 Project. Starting the .............................. '.. ... 2.4. Property Insurance ............................... 5.6-5. (3 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,I-i.3 Remedies Not E;tclusive ............................. 17 A Removal or Correction of Defective Work ........... 13.11 Resident Project Representative--deiinition of ........... 1 Resident Project Representative-provision for........ 9.3 Responsibilities. Contractor's-in general ...,........... 6 Responsibilities. Engineer's-in general .........,....... 9 Responsibilities. Owner's-in gen~ral .....,.............. 8 Retainage ........................,................... 14.2 Reuse of Documents .............,................,... 3.5 Rights of Way................................... ...... 4.1 Royalties. Patent Fees and ........................... 6.12 Safety and Protection....... 6.20-6.21, 18.1-18.2 Samples ....................,..,.,............:.. 6.23-{i.28 Schedule of progress ........ 2.6. 2.8-2.9. 6.6. 6.29. 15.2.6 Schedule of Shop Drawing submissions ...................... 2.6. 2.8-2.9. 6.13. 14.1 Schedule of values ..........,...."..... 2.6.2.8-2.9. I.U Schedules. Finalizing. ...... ................,.......... 2.9 Shop Drawings and Samples. .................... 6.23-6,28 Shop Drawings-.Jerlnition of . . . . . . . . . . . . , , . . . . . .. .. . . . .. I Shop Drawings. use to approve substitutions ....,.......................,......... 6.7.3 5 I I Site. Visits to-by Engineer ........................... 9.2 Is pecillcations-dellnition of ............................. I Starting Construction. Before... .. . . ... .. . . . . ... . .. .2.5-2.8 Starting the Project ........ ~ . .. .. .. .. .. ... " ... .. .. . '" 2.4 StoppingWork-by Contractor....... .... ............ 15.5 I Scopping Work-by Owner.......................... 13.10 Subcontractor-<1efinition or ............................. 1 Subcontractors-in general....................... 6.8-6.11 Subcontracts-required provisions ............5.11.1. 6.11 ' I 11.4.3 Substantial Completion-certification of .............. 14.8 Substantial Completion-<iefinition of. . . .. . .. . . . . .. . . . . .. I Substitute or "Or-Equal" Items....................... 6.7 I Subsurface Conditions. . . . . . . . . .. . . . . . .. . . . .. ., . . .. 4.2-4.3 Supplemental costs ................................. 11.4.5 Supplementary Condition~efinition of ................ I I Supplementary Conditions-principal ' references to .. 2.2.4.2.5.1.5.3.5.6-5.8.6.3.6.13,6.23. 7.4. 9.3 Supplementing Contract Documencs ............... 3.4-3.5 I Supplier-definition of. .................................. 1 Supplier-principal references to ... 3.6.6.5.6.7-6.9.6.20. 6.24,9.13,9.16.11.8.13.4,14.12 Surety-consenc to payment.................. 14.12. 14.14 I Surety-Engineer has no duty to ..................... 9.13 Surety-notice to . .. .. .. .. . .. . .. .. ..... . ... 10.1. 10.5. 15.2 SuretY-<lualification of ........................... 5.1-5.2 I Suspending Work. by Owner ......................... 15.1 Suspension of Work and Tenninacion-in general....... IS Superincendent-Contractor's .....:................... 6.2 Supervision and Superintendence... .. . . . . . . . . .. . " 6. J -6.2 I Taxes-Payment by Contractor....................... 6.15 Termination-by Contractor.......................... 15.5 Tennination-by Owner... .... .. .. .............. 15.2-15.4 I Tennination. Suspension of Work and-in general ...... 15 Tests and Inspections ........................... 13.3~13.7 Time. Change of Contract.............................. 12 I I I I I I I Time. Computation of .................................17.2 Time. Conlract-definition of ............................ 1 Uncovering Work ............................... 13.8-13.9 U ndereround Faci1itie~efinition of .................... 1 Under;round Facilities-not shown or indicated ..... 4.3.2 Underground Facilities-protection of ........... 4.3. 6.20 Underground Facilities-shown or indicated......... 4.3.1 U nit Price W ork-definition 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. ] 8 Utility owners .......................... 6.13.6.20. 7.2-7.3 Values. Schedule of ......................... 2.6.2.9, 14.1 V mations in W ork-A uthorized . .. .. . . . . ... 6.25. 6.27. 9.5 Visits to Site-by Engineer.. .................... ....... 9.2 Waiver of Claim~n Final Payment................ 14.16, Waiver of Rights by insured parties............. 5.10.6.11 Warranty and Guaramee-by Contractor.... ~........ 13.1 Warranty of Title, Contractor's ....................... 14.3 Work. Access co ........................ ............. 13.2 Work-by others ........................................ 7 Work Continuing During Disputes ....,............... 6.29 Work. Cost of ................................... 1104..\ 1".5 Work-definition of ..................................... 1 Work Directive Change--<iefinition of ................... 1 Work Directive Change-principal . references to ............................3.4.3. 10.1-10.2 Work. Neglected by Contractor .....................13.14 Work. Stopping by Contractor........................ 15.5 Work. Stopping by Owner....................... 15.1-15.4 Written Amendment--<iefinition of ...................... 1 Written Amendment-principal references to ..................... 3.4.1. 10.1. 11.2. 12.1 6 1 1 GENERAL CONDlTIONS 1 ARTICLE I-DEFINITIONS 1 Wherever used in these Geneml Conuitions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: .1 Aciderrc!a-Wrillen or gruphic instruments issueu prior to the opening of Bids which clarify. correct or change the bidding documents or the Contmct Documents. 1 Agreemel/(- The wrillen agreement between OWN ER and CONTRACTOR covering the Work to be performed: other Contract Documents are allOlched to the.Agreement and made a part thereof us provided therein. 1 AppliCl/fiCJII jCJr Paymellf- The form uccepted by ENGI- NEER which is to be used by CONTRACTOR in requesting progress or'final payments und which is to include such sup- porting uocumentation as is required by the ClJntract Documents. I I Bici-: The offer or proposul of the bidder submitced on the prescribed form selling forth the prices for the Work to be performed. I Borrds-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 atter the Effective Date of the A,greemenL I Carrrr(/cr Documenrs- The Agreement. Addenda I which per- tain 10 the Cuntract Ducuments). CONTRACTOR's Bid lincluding documenration accompanying [he Bid and any post- Bid documentation submilled prior to the Notice lJf Award) when allached as an exhibit to [he .-\greemenc. [he Bonds. these General Conditions. the Supplementary Conditions. the Specificatio,ns and the Drawings as the same are more spe. cifically identified in the Agreement. together with all amend- ments. modific:llions and supplements issued pursuant to paragraphs 3..+ and 3.5 0n or atter the Effective Date of the Agreement. I I I I CVlIlmu Prict'-The mlJneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject [0 [he: provisions of paragraph 11.9.1 in the case of Unit Price Work). I Cammer Till//!- The number of days (computed as provided in par:lgraph I i.~) ur [he 0ate stated in [he Agreement fur [he: compf~tion of the: Work. D CONTRA CTOR- The pe:rson. lirm or corpor<1tion with whllm OWN ER has e:nte:rt:d into the: A!;reeme:nc. I defecril'e-An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. or does not conform to the Contract Documents. or does not meet the requirements of any inspection. reference standard. test or approval referred [0 in the Contract Documents. or has been damaged prior to ENGINEER's recommendation of final paymentlunless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion.in accordance with paragraph 14.8 or 14,101. Drall'illgs- The drawings which show the: character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. Effec(il'e Dwe of (he Agreeml!lIr- The date indicated in the Agreement on which it becomes c:lTectivc:. but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. E.VGIN EER- The person. firm or corporation named as such in the Agreemenc. Field Order-A written order issued by ENGINEER which orders minor changes in the Work in accordance with pam- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. Gl!lIual Requiremen(s--Sections of Division I of the Speci- fications. Lall's and Regulativns: Laws or Rl!gularions-Laws. rules. regulations. ordinances. codes and/or orders. Nurice of Award-The writlen notice by OWNER to the apparent successful bidder stating that upon compliance by [he apparent successful bidder with the conditions precedent enumerated therein. within the time specified. OWN ER will sign and deliver the Agreemenc. ;Varice ro Proceed-A writlen notice given by OWNER to CONTRACTOR (with a copy to ENGlNEERllixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to ~e:rform CONTRAC- TOR'S obligations under the Contract Documents. OWNER-The public body or authority. corporation. asso- ciation. lirm llr person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Parrilli Urili::ativlI-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 Wllrk. Prvjecr- The total construction of which the Work tll be provided under the Contract Docume:nts may be the whole. llr a part as indicate:d elsewhere in [he Contract Documc:nts. R<'sicielll p""jt'cr Rt'pre.H-l/fllril't'- The authorized represen- tative of E:-JGIN EER whu is assigne:d to the site or any part the:reoL 7 1 I Shop Drawings-All drawings, diagrams. illustrations, schedules and other 'data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations. brochures. standard schedules. perfor- mance charts. instructions. diagrams and other information I prepared oy a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. I Specifications-Those portions of the Contract Documents 1 consisting of written technical descriptions of materials, equipment. construction systems. standards and workman- ship as applied to the Work and certain administrative details applicable thereto. . .1 Subcontractor-An individual. firm or corporation having a direct contract with CONTRACI'OR or with any other Sub- I contractor for the performance of a part of the Work at the site. S ubstanriaJ Completion-The Work (or a specified part thereoO I has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion. it is sufficiently complete, in accordance with the Contract Documents. so that the Work I (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued. when final payment is due in accordance with paragraph 14.13. The I terms "substantially complete" and "substantiaHy com- pleted" as applied to any Work refer to Substantial Comple- tion thereof. 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. . Underground Facilities-All pipelines. conduits. ducts. cables. .. wires. manholes. vaults. tanks. tunnels or other such facilities or attachments. and any encasements containing such facil- ities which have been installed underground to furnish any of I the following services or materials: electricity. gases. steam. liquid petroleum products. telephone or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or Water. I Unit Price Work-Work to be paid for on the basis of unit prices. I WOl'k- The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- I forming services. furnishing labor and furnishing and incor. porating materials and equipmc:nt into the construction. all as required by the Contract Documents. I Work Directive Change-A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. I ordering an addition. deletion or revision in the Work. or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time. but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect. if any. on the Contract Price or Contract Time as provided in paragraph 10.1. Written Amendment-A written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and nomi:l!ly deal- ing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2-PRELL"1lNARY MATTERS Delivery of Bonds: 1.1. When CONTRACI'OR delivers the executed Agree- ments to OWNER, CONTRACI'OR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. in accordance with paragraph 5.1. Copies of Documenl.r: 1.1. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished. upon request, at the cost of reproduction. Commencement ofConlTtu:t Timt!: NoriJ:e to Proceed: Z.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement. whichever date is earlier, Starring the Projt!ct: 1.4. CONTRACTOR shall stan to perform the Work on the date when the Contract Time commences to run. but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before St.arring ConSlTuction: 1.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown 8 'I 1 thereon and all applicable tield 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 atfected thereby: however, CONTRACTOR shall no.t be lia- ble to OWNER or ENGINEER for failure to report any conflict. error or discrepancy in the Contract Documents. unless CONTR.-\CTOR had actual knowledge thereof or should reasonably ha lie known [hereof. I I 1 :!.6. Within ten days after the Effective Date of [he Agree- ment (unless otherwise specified in [he General Require- ments). CONTRACTOR shall submit to ENGINEER for revIew: I I :!.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: I :!.6.:!. a preliminary schedule of Shop Drawing sub- missions: and I :!.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in \....riting by CONTRACTOR at the time of sub- mission. I I 2.7. Before any Work at the site is started. CONTRAC- TOR shall deli\'er to OWNER. with a copy to ENGINEER. certificates (and I.Jlher evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4. and OWNER shall deliver [0 CONTRACTOR cenific:Hes (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7, I I I Preconsrrucliorr Conference: ~.s. Within twenty days after the Effective Date of the Agreement. but before CONTRACTOR Slans the Work at the site. a conterenceatcendeu by CONTRACTOR. E~GI- NEER and l)thers as ;J.ppropriate will be held to Jiscuss the schedules referred to in paragraph 2.6. to discuss procedures for handling Shop Drawings and other submittals and tor .processing Applications tor Payment. and to establish a working understanding among the parties as to the Work. I I I Fina/i:in~ Schedules: ~. 9. At le:.lst ten d:l~'s before submission of the lirs.t Appli- c:llion for Payment a .;onference attended by CO~TRAC. TOR. ENGINEER :lnJ others as appropriate will be hc:ld to finaiize the ~..:hedules submitteJ in accorl1ancc: with pllra- 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 ENGIN EER as to form and substance. ARTICLE 3-CONTRACT DOCUME~TS: INTENT. AMENDING. REUSE I menl: 3.1. The Contract Documents comprise [he 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.~. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereon to be con- structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonaoiy be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals orcodes of any technical society. organization or association. or to the Laws or Regulations of 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 lor. on the Effective Date of the Agreement if there were no Bids!. e:'(c~pt as may be otherwise specifically stated. However. no provision of any referenced standard specific:nion. manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective [0 change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER. or any of their consuitants. agents or employ- ees from those set forth in the Contract Documents. nor shall it be etfective to <lssign to ENGINEER. or any of E~GI- 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 0r 9.16. Clarifications and interpretations of the Contract Documents ~hall be issued by ENG IN E ER as provil1ed in paragrnph 9A, 3.3. If. during [he performance of the Work. CONTRAC- TOR nnds a conrtict. error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at once anJ before proceeding with [he Work atl"ected thereby shall ubtain a wrilCen interpretation or clarincation 9 I I from ENGINEER: however. CONTRACTOR shaH not be I liable to OWNER or ENGINEER for failure to report any conftict. error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. I Amending and SuppumenJi.ng Contr~t Documents: 3.4. The Contract Documents may be amended to pro- I vide for additions. deletions and revisions in the Worle or to modify the terms and conditions thereof in one or more of the following ways: I 3.4.!. a formal Wrinen Amendment, I 3.4.2. a Change Ordel' (pursuant to paragraph 10.4), or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). I As indicated in paragraphs 11.2 and 12.1. Contract Price and Contract Time may only be changed by a Change Order or a I Written Amendment. 3.5. In addition. the requirements of the Contract Docu- . ments may be supplemented, and minor variations and devia- I lions in the Work may be authorized, in one or more of the following ways: I 3.5.1. a Field Order (pursuant to paragraph 9.5), 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), .or I 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4l. I Reuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or' Supplier or other person or organization performing or fur- I n~shing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings. Specifications or other docu- ments (or copies of any thereot) prepared by or bearing the I seal of ENGlNEER: and they .shall not reuse any of them on extensions of the Project or any other project without written consenc of OWNER and ENGINEER and specific written I verification or adaptation by ENGINEER. . ARTICLE 4-A V AILABILI1Y OF LANDS; PHYSICAL I CONDITIONS: REFERENCE POINTS A "ailabiJiry of Lands: I 4.1. OWNER shall furnish. as indicated in the Contract Documents. the lands upon which the Work is to be per- formed, rights-of-way and easements for access thereto, and I such other lands which are designa'ted for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands. rights-of-way or case- ments entitles CONTRACTOR to an extension of the Con- tract Time. CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall, provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reportS of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTR.~CTOR may rely upon the accuracy of the technical data contained in such reports. but not upon nontechnical data. inrerpreta-' 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 iexcept Underground Facilities referred. to in paragraph 4.3) which are at or contiguous to the isite 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 4.2.6. CONTRACTOR shall have. full respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. Report of Differing Conditions: If CONTR.A.C- TOR believes that: 4.2.3.1. any technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.2.1 and 4,2.2 is inaccurate. or 4.2.3.2. ,any physical condition uncovered or revealed at the site differs materially from that indi- cated. reflected or referred to .in the Contract Docu- ments. CONTRACTOR shall. promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by para- graph 6.:1), notify OWNER and ENGINEER in writing about the inaccuracy or difference. 10 I I ~.2A. ENGINEER's RI!I'il!h': ENGINEER will promptly review the pertinent conditions. determine the necessity of obtaining additional e,~plorations or tests with respect thereto and advise OWN ER in writing (with acopy to CONTRACTOR> of ENGINEER's findings and con- clusions. I I 4.2.5. Possihll! Docllment Clwn'!e: If ENGINEER concludes that there is a material error in [he 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 Or,der will be issued as provided in Arricle 10 to reflect and document [he consequences of the inaccuracy or difference. I I I 4.2.6. Possible PriCI! {/lId Till/I! Adjtt.HII//!lIts: 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 [hat they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof. a claim may be made therefor as provided in Arricles i I and /2. I I Physical Condirions-Cllderground Facilities: 4.3.1. Strown VI' Indicated: The information and data shown or indicated in the COntiact 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 I ~,3.I.I, OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. I .U.1.2. CONTRACTOR shall have full responsi. bility for reviewing and checking all such information and dara. for locating alllJnderground Facilities sh()wn or indicated in the Contract Documents, for coordin,a- tion of the Work with the owners of such Underground Facilities during construction. for [he safety and pro. tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from [he Work. the cost of all of which will be considered as having been included in the Contract Price. I I B ~.3.2, Not SIr/llI'lI or lndicllt/!d. 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 (e.~cept in an emer. gency as permitted hy paragraph 6.22>. identify the owner of such U m.lergrounJ Facility and give written notice thereof to that owner and [ll OWNER and ENGINEER. ENGI- NEER will promptly review [he UnuergrounJ Facility to I I I determine the extent to which the Contract Documents should be modified 10 reflect and document the conse- quences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the e:Hent 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 that they are attributable to the e'(istence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected [0 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: ~A. OWN ER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5-BONDS AND INSURA~CE 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 tinal payment becomes due, except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 5iO (amended) by [he .~udit Statf Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to acl. 5.2. If the surety on any Bond furnished by CONTR.-\C- TOR is declared a hankrupt or becomes insolvent or its right to do business is terminated .in any state where any pnrt of I I I I the Project is located or it ceases to meet the requirements I of paragraph 5.1. CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. -I C01Ul'tZClOrs LiabiJiq Insurance: 5.3. CONTRACTOR shall purchase and maintain such I comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise.out of or result from CONTRACTOR's perfor- I mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents. whether it is to be performed or furnished by CONTRACTOR. by any I Subcontractor. by anyone directly or indirectly employed by any of them to perform or furnish any of the Work. or by anyone for whose acts any of them may be liable: I 5.3.1. Claims under workers' or workmen's compen- sation, disability benefits and other similar employee ben- efit acts: I 5.3.1. Claims for damages because of bodily injury. occupational sickness or disease, or death of CONTRAC- TOR's employees; I 5.3.3. Claims for damages because of bodily injury, sickness or disease. or death of any person other than CONTRACTOR's employees: I 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained la) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or (b) br any other person for any other reason: I I 5.3.5. Claims for damages. other than to the Worle itself. because of injury to or destruction of tangible prop- erty wherever located. including loss of use resulting therefrom: I . 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property; and I 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. I The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the. I limits O.f liability and coverages provided in the Supplemen- tary Conditions. or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur- lance so required to be purchased and maintained (or the certificates or other evidence thereoO shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least I thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacingdejecrive Work in accordance with paragraph 13.12. In addition. CONTRACTOR shaU 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. C01llTtUtuai Liabiliry 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 6.3 I. Owners LiabiELy 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. Property insurance: 5.6. Unless otherwise provided in the Supplementary Conditions. OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations I. 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 tire and extended coverage and shall include "all risle" insurance for physical loss and damage including theft. vandalism and malicious mischief. collapse and water damage, and such other perils as may be provided in the Supplementary Conditions. and shall include damages. losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers. architects. attorneys and other professionalsJ. If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar properlY insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5,7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR. Subcontractors, ENGINEER AND ENGINEER's consultants in the Work. all of whom shall be listed as insured or additional insured panies. 12 I I I 5.8. All the policies of insurance (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 cancelleu or materially changed or renewal refused until at least thirty clays' prior wrinen notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. I I 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub- contractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's own expense. I I I 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance pol- icy. OWNER shall. if possible. include such insurance. and the cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. I I 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.i and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGI- :-.lEER. ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favorofOWNER. CONTRACTOR. ENGINEER. ENGI- N EER' s consultants and all other parties named as insureds. None of the above waivers shall e:uend to [he rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or Olherwise pay. able under any policy so issued. I I D I I 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response to paragraphs 5,6 and 5. '7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils co\'ered thereby, Accordingly. all such policies shall cun-, tain provisiuns to the effect that in the eVent of payment of any loss or damnge the insurer will have no rights III .reco\.ery ag~linst any of the parties nnmed as insureds 0r additional insureus. and if the insurers require separ~He waiver forms to be signec.J by ENGINEER or ENGI- NEER's cllnsultanl OWNER willlJbt;lin the same. :lnu it 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 [he damaged Work shall be re!,aired 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- fonnance of such duties. Acceptance of Insurance: . 5. 14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reqcired to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5A on the basis of its not complying with the Contract Documents. OWNER shall notify CON- TRACTOR in writing thereof within ten days or the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage atTorded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on [he basis of their not. complying with the Contract Documents. CON- TRACTOR shall notify OWNER in writing [hereof 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 insurnnce 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 COnlract Documents. PartiaL C:tiii:.ation-Properr:.' Insurance: 5.15. If OWN ER finus it necessary to occupy or use a portion or portions of the Work prior to Substantial Comple- tion of all the Work. such use or occupancy may be accom- plisheu in ;lccurdance with paragraph 14.10: provided that no 13 1 1 -I such use or .occupancy shall commence before the insure~ providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insure~ providing the property insur- ance shall consent by endorsement on the policy or policies. but the property insur<U1ce shall not be cancelled or lapse on account of any such panial use or occupancy. I I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 'I Supervision and SUfHrintendence: 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 of others in the design or selection of a specific m.:ans'. method. technique. sequence or procedure of construction which is indicated in and required by the . Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. . I I I I 6.::!. CONTRACTOR shall keep on the Work at all limes during its progress a competent resident superintendent. who I shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- I TRACTOR. All communications given to the superintendent shall be as binding as ifgiven to CONTRACTOR. I Labor. Materials and Equipment: 6.3. CONTRACTOR shall provide competent. suitably qualified personnel to survey and layout the Work and per- form construction as required by the Contract Documents. . I CONTRACTOR shaU at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or I adjacent thereto. and except as otherwise indicated in the Contract pocuments. all Work at the site shall be performed during regu,Jar working hou~. and CONTRACTOR will not permit overtime work or the performance of Work on Sat- O urday. Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. 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. appliances. I fuel. power. light. heat. telephone. Water, sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing. performance. testing. start-up and. completion of the Work. I 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 or9.l6. . Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph ~.9) adjust- ments in the progress schedule to reflect the impact thereon of new developments: these win conform generally to the progress scheduie then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substilures or "Or-EqUlll" 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 ENGlNEER 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 application wiIl state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time. whether or not acceptance of the substitute for. use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or 14 I I I royalty. All variations of the proposed substitute from that specified will be identineu in the application and available maintenance. repair and replacement servic.e will be indi- cated. The application will also contain an itemized esti- mate of all costs that witl 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 substirute. ENGINEER may' require CONTRACTOR ro furnish at CONTRACTOR's expense addirional dara abour the proposed substiture. I I I 6.7.2. Ifa specific means. method. technique. sequence or procedure of consrrucrion is indicared in or requireq by the Conrracr Documents. CONTRACTOR may furnish or utilize a substirure means. method. sequence. technique or procedure of construction acceprabfe to ENGINEER. if CONTRACTOR submits sufficienr informacion ro allow ENGINEER to dererminerhat the subsrirure proposed is equivalent ro char indicared or required by rhe Contract Documents. The procedure for review by E~GINEER will be similar ro that orovided in paragraph 6. i.1 as applied by ENGINEER and as may' be supplemenred in the Gen- eral Requirements. I I I 6.7.3. E~GINEER will be allowed a reasonable time within which to evaluate each proposed substiture. ENGI- NEER will be the sole judge of acceptability. and no substitute will be ordered. installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect ro any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in eva:uating substitutions' proposed by CONTRACTOR dnd in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepls a proposed substitute. CON- TRACTOR shall reimburse OWNER for (he charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. I I I I I Concerning Subcontractors. Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor. Supplier or other person or organization I including those acceptable to OWNER and. E~GINEER as indi- cared in paragraph 6.:L!1. wht:ther initially or as a substi- tute. against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall nor be required to employ any Subcontractor. Supplier or other person llr organization to furnish or perform any of the Wllrk against whom CONTRACTOR has reasonable objectil1n. 6.8.~. If the Supplemenrary Conditions require the identiry of cenain Subcontractors. Suppliers llr other per. sons or organizarions (including (hose who arc: to furnish the principal items of materials and cquipmenll to be sul:>- mitted to OWN ER in advance of the specified date pril1r to the EITeL:tive Date: of the Agreemt:nl for aCL:e:prance lw I I I I I OWNER and ENGINEER and if CONTRACTOR has. submitted a list thereof in accordance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance (either in writing or by failing to make written objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR shall submit an acceptable substitute. the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceprance by OWN ER or ENG IN EER of any such Subconrracror. Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGI- NEER to reject def(!(it;\'(! Work. 6,9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of rhe Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect conrract with CONTRACTOR jusr as CONTRAC- TOR is responsible for CONTRACTOR's own acts. and omis- sions. Norhing 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 to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not conrrol 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 agreemenc between CONTRACTOR and the Subcontracror which spe- cifically binds the Subcontractor to the applicable. terms and conditions of rhe Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontracror a just share of any insurance moneys received by CONTRACTOR on account oflosses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalt;es: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the perfor- mance of [he Work or the incorporation in [he Work of any invention. Jesign. process. product or uevice which is the subject of purent rights or copyrights held I:>y others. (fa particular invention. design. process. product or device is specified in the Contract Documenrs for use in the perfor- mance of the Work and ifru the acrual knowledge of OWN ER 15 'I 1 or ENGINEER its use is subject to patent rights or copyrights I calling for the payment of any license fee or royalty to others. the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold hannless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims. damages. losses and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to 1 the use in the perfonnance of the Work or resulting from the incorporation in the Work of any invention. design. process. product or device not specified in the Contract Documents. I and shall defend all such claims in connection with any alleged infringement of such rights. .1 I Pmnils: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- I struction permits and licenses. OWNER shall assist CON- TRACTOR. when necessary. in obtaining such pennits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. 1 which are applicable at the time of opening of Bids. or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- I nections to the Work. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. I lAws and RegulalWns: 6,14.1. CONTRACTOR shall give all notices and I comply with all Laws and Regulations applicable to fur. nishing and pel1"onnance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- I sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. I 6.14.1. If C01':lTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3A. If CONTRACTOR perfonns any Work knOwing or having reason to know that it is contrary to such Laws or Regulations. and without such notice to ENGINEER. CONTRACTOR shall bear all costs arising therefrom: however. it shall not be CONTRACTOR's pri- .mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. 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 perfonnance of the Work. Should any claim be made against OWNER or E."lGINEER by any such owner or occupant because of the performance ofthe 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 costsi 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 perfonnance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials. rubbish and debris from and about the premises as well as all tools. appliances. construction equip- ment and machinery. and surplus materials. and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor pennit any part of any structure to be loaded in any mannerthat 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 Documenls: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Wrinen Amendments. Change Orders. Worle Directive Changes. Field Orders and wriuen interpretations and clarifications (issued pursuant to paragraph 904) in good order and annotated [0 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 1 pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER. .1 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 [he. safety of. and shall provide the necessary protection to prevent damage. injury or loss to; I 1 6.20,1. all employees on the Work and other persons and organizations who may be atTected thereby: I 6.20.2. all the Work and materials and equipment to be incorporated therein. whether in storage on or off the site: and I 6.20.3. other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. road- ways. structures. utilities and Underground Facilities not designated for removal. relocation or replacement in the course of construction. I I CONTRACTOR shall comply with all applicable Laws and Regulations of any ['lIblic body having jurisdic!ion for !he safety of persons or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of L' nderground Facilities and utility owners when prosecution or the Work may affect them. and shall cooperate with them in the pro- tection. removal. relocation and replacement of their prop- erty. .~II damage. injury or loss to any property referred to in par:lgraph 6,:0.2 ur 6.20,) caused. directly or indirectly. in whole or in part. by CONTRACTOR. any Subcontractor. Supplia or any olher person or organization direl.:lly or indi- rectly employed by any of them to perform or fumish any of the Work or anyone for whose acts any of them may be li,able. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specific;ltions or to [he acts or omissions of OWNER or ENGINEER ur anyone employed by eilher of them or anyone for whose ;lcts either of them may be liable. and not attributable. din:~[jy or indi- rectly, in whole or in parr. to the fault or negligence ot'CO~- TR.-\CTORI. CONTRACTOR's duties and responsibilitie:s for [he sare:ty and protection of the Work shall continue until such time: as all the Work is completed and ENGI:'-IEER has issue:d a notice: to OWNER and CONTRACTOR in accord- ance with paragraph 1~.13 Ih:H [he Work is acceptable: Ie:XC,e:pt as olherwis.: expressly providel1 in connection wilh Substan- tial Cumple:tionl. I I I I I I I 0.: I. CONTRACTOR stmll design.lle a respl1nsible: rc:p- rese:nl<\tive: .It the site whos.:: uuty shall be: the: pr<:\'entilln llf acciu.:nts. This pe:rson shall t'le: CONTRACTOK." s supi:=rin- tenue:nt unle:ss otherwise designated in writin!; by CO;-i- TR.-\CTOR [0 OWNER. u I Emergencies: 6.:!:!. In emergencies affecting lhe safety or protection of persons or lhe 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 significanc changes in the Work or variations from the Contract Documents have been caused thereby. IfENGI- NEER determines that a change in the Contract Documents is required because of the action caken in response to an emergency, a Work Directive Change or Change Order will be issued co 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 Ge:neral 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 lhe 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- . bilicies 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 wilh respecc 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 [0 ENGINEER for review and approval wirh such promptness as to cause no delay in Work. all samples required by rhe Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication [hat CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Conl'ract Documents with respect to the review of the sub- mission and will be identified clearly as co male:rial. S4Pplier. pertinent data such as catalog numbers and the use for which intended. . 6.25,1. Before submission of each Shop Drawing or sample CONTR.~CTOR shall have determined and veri- fied all quantities. dimensions. specified pert-ormance cri- teria. installatillO require:menrs. mat~rials. catalog num- bers and similar l1ata \li[h respe:ct thereto ;lnd reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requireme:nts of the Work and the: Contract Documents. 6.:5.2, At the time ~)f each submission. CONTRAC- TOR shall eive ENGIN EER spe:~ilic wr;llen nOlice of each variation thaI {he: Shop Drawin!;s or sample:s may have from the: requirements llf the Cllntrn,ct DO\;uments. anu. in addition. shull cause: a specitk nOlation [0 be maue: on Ii I I I .each Shop Drawing submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples. but ENGI- I NEER' s review and approval will be only for confonnance with the design concept of the Project and for compliance with the information given in ,the Contract Documents and I shall not extend to means. methods. techniques. sequences . or procedures of construction (except where a specific means. . method. technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to I safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER. I and shall return the required number of corrected copies of Shop Drawings and submit as required new samples ior review and approval. CONTRACTOR shall direct specific attention I in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- lings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the I time of submission as required by paragraph 6.15.1 and ENGINEER has given written approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor I 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- I visions of.paragraph 6.15.1. 6.18. Where a Shop Drawing or sample is required by the Specifications. any related Work perfonned prior to ENGI- I NEER's review and approval of the pertinent submission will be the sole expense and responsibility or CONTR.-\CTOR. I Continuinglhe Work: 6.19, CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements I 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 / TliUmnifka.tiJJn: I 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 O expenses. direct. indirect or consequential (including but not limited to fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs) aris- ing out of or reSUlting from the performance of the Work. I provided that any such claim. damage. loss or expense (a) is attributable to bodily injury. sickness. disease or death. orto 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 perfonn 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 regarqless 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 i-OTHER WORK Re/iued Work al Site: i.l. OWNER may perform mherwork related to the Proj- ect at the site by OWNER's own forces. have other work performed by utility owners orlet other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Gontract Documents. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. 7.1. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER, if OWNER is perfonning the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work. and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CON- 18 I I I TRACTOR shall not endanger any work of others by cutting. excavating or otherwise al.lering their work and will only cut or alter their work with the wrilten 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 benetit of CONTRACTOR in said direct contracts between OWN ER and such utility owners and other contractors. I I 7.3. If any part of CONTRACTOR's Work depends for proper e,'l;ecution 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. defects or deficiencies in such work that render it unavailable or unsuitable for such proper e,'l;ecution and results. CONTRACTOR's failure so [0 report will constitute an acceptance of the other work as fit and proper for integra: tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. I I. I Coordination: I 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activitie.s among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. I I I ARTICLE 3-0WNER'S RESPONSIBILITIES I 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. I 8.~. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta- tus under the Contract Documents shall be that of the former ENGINEER. .-\ny dispute in connection with such appoint- ment shall be subject to arbitration. I I 8.3. OWNER shall furnish the data required of OWNER . under the Contract Documents promptly and shall make pay. ments to CONTRACTOR promptly after they are ,due as provided in paragraphs 14.4 and 14.13. n 8A. OWN ER 's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are se:t forth in paragraphs 4.1 and 4.4. Para- graph 4.~ refers to OWNER's identifying and making avail- able to CONTRACTOR copit:s of reports of explorations and tests lJf SUbsul1'ace conl1itions at the site and in ~.,isting struc- I I lures which have been utilized by ENGINEER in preparing the Drawings and Specifications. ./ 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders .as indicated in paragraph IDA. 8.7. OWN ER'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 CO stop Work or suspend Work. see paragraphs 13.10 and Ij.1. Pa.ragraph 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 \:\Jn~tru\:tiun an: ~e:l lurlh in the: Cun- tract Documents and shall not be extended without \vritCen 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 etforts will be directed toward providing for OWNER a gre~ter degree of confidence that the completed Work will conform to the Comract 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. Projecr Representation: 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authority lJf any such Resident Project Representative and assistants will be as provide:d in the: Supple:mentary Conditions. If OWNER designates another agent to represent OWN ER at the: site who is not ENGINEER's agent or employee. the Juties. responsibilities and limitations of authority of such other person will be as providcl1 in the Supplementary Conditions. 19 I I ClJ:uificatWns and Inurprel4tions: I 9.4. ENGINEER will issue with reasonable prompmess such written clarifications or intel1'retations of the require- ments of the Contract Docum.ents (in the form of Drawings or otherwise) as ENGINEER olay determine necessary. which I shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies ..1 an increase in the Contract Price or an extension of'the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. I Authorized Var..ations in Work: 9.5. ENGINEER may authorize minor variations in the I 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 I 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 I justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to . the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in ArtiCle II or [2. I Roj""g Dol"." Wo", I 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective. and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9. whether or not I the Work is fabricated, installed or completed. Shop Drawings, Change OrcUrs and Payments: I 9.i. In connection with ENGINEER's responsibility for Shop Drawmgs and samples. see paragraphs 6.23 through 6.29 inclusive. . I 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Articles 10. I I and 12. I 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc.. see Anicle 14. Determinalions for UniJ Prices: .1 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR IENGINEER'S preliminary determinations on such matte~ before rendering a written decision thereon (by recommen- dation of an Application for Payment or othel"'Nisel. ENGI- NEER's written decisions thereon will be final and binding lupon OWNER and CONTRACTOR. unless. within ten days after the date of any such decision. either OWNER or CON- TRACTOR delivers to the other pany to the Agreement and I to ENGINEER written notice of intention to appeal from such a decision. Decisions on Disputes: 9. I 1. ENGINEER will be the initial intel1'reter of the requirements of the Contract Documents and judge of the. acceptability .of the Work thereunder. Claims. disputes and other matters relating ta the acceptability of the Work or the interpretation afche requirements of the Contract Documents penaining to the performance and furnishing of the Work and claims under Articles 11 and 12.inrespect of changes in the Contract Price or Cantract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accardance 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 ascenain more accurate data in suppon of the claim. 9.12. When functianing as interpreter and judge under paragraphs 9. i 0 and 9.1 I, 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 9,1 I with respea to any such claim. dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) will be a candition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Dacuments or by Laws or Regulations in respect of any such claim. dispute or other matter. LimiuJrions on ENGINEER's ResponsibiliJies: 9.13. Neither ENGINEER's authority to aCl under this Anicle 9 or elsewhere in the Contract Docum,ents nor any decisian made by ENG INEER in good faith either to exercise or nor exercise such authority shall give rise [0 any duty .or responsibility of ENGINEER to CONTRACTOR. any Sub- Contractor. any Supplier. or any other person or .organization performing any of the W.ork. or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms "as ordered". "as directed", "as required", "as all.owed". "as approved" or terms of like effect or impon are used. or the adjei:tives "reasonable", "suitable", "acceptable". "proper" or "satisfactory" or adjectives of like effect .or import are used to describe a requirement. direction. review .or judgment of ENGINEER as to the Work. it' is intended that such requirement. direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). The use of any such term or adjective shall not be 20 I I effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. I 9.15. ENGrNEER will not be responsible for CON- I . TRACTOR's means. methods. techniques. sequences or pro- cedures of construction. or the safety precautions and pro- grams incident thereto. and ENGrN EER will not be respon. I sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 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 of the Work. I I ARTICLE IO-CHANGES IN THE WORK I 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may. at any time or from time to time. order additions. deletions or revisions in the Work: these will be authorized by a Written Amendment. a Change Order. or a Work Directive Change. Upon receipt of any such document. CONTRACTOR shall promptly proceed with,lhe 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 unabk: 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 provid~d in Article II or Article 12. I I 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work pedormed that is not required by the Contract Documents as amended. modified and supple. mented as provided in paragraphs 304 and 3.5. except in the case of an emergency as provided in paragraph 6.22 and I except in the case of uncovering Work as provideu in para- graph 13.9. I 10.~. OWNER and CONTRACTOR shall ~,'(ecute appro- n priate Change Orders lor Wrilten Amendments) covering:. lOA. I. changes in the Work which are ordered by OWN ER pursuant to paragraph 10.1. are required because of acceptance of Jl!j'l!clil'f! Work under paragraph 13, U llr correcting "(~(I!clil'l! Work under paragraph 13,1~. or are agr~ed to by the parties: o I 10.~,1. .:hanges in [he Comract Price or Contract Time which are OJ!;re~d to by the parti~s: and I 10.4.3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren. dered by ENG INEER 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 carry on the Work and adhere to the prog- ress schedule as provided in paragraph 6.19. 10.5. If notice of any change atfecting the general scope of the Work or the provisions of the Comract 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 I [-CHANGE OF CONTRACT PRICE 11,1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TR.<\CTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON- TR.A.CTOR 'shaH be at his expense without change in the Contract Price. /1.2. The Concract 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 ENGrNEER promptly (but in no event later than thirtv days) after the occurrence of the eVent giving rise to the ~Iairn" 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 I unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct. indirect and con- sequentiall to which the claimant is entitled as a result of the occurrence of said event. .-\11 claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9,11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment i~ the Cuntract Pric:: will be valid if not submitted in accordance with this paragraph .11,2. 1l.J. The value of any Work covered by a Change Order or of anv claim for.an increase or decrease in the Contract Price sh;1l be determined in one of the following ways: ,1l.J.1. Where the Work involved is covered by unit prices containeu in the Contract Documents. 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,). inclusive). :!( I I I 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). I 11.3.3. On the basis of the Cost of the Work (deter- mined as provided. in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7). I Cost of the Work: 11.4. The 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 higher than those prevailing in the Io~ality of the Project. shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: I I I 11.4.1. Payroll COStS for employees in the direct employ of CONTRACTOR in,the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll COStS for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include. but not be limited to. salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. excise and payroll taXes. workers' or workmen's compensation. health and , retirement benefits. bonuses. sick leave. vacation 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 or legal holidays. shall be included in the above to the extent authorized by OWNER. I I I I I 11.4.2. Cost of aU materials and equipment furnished and incorporated in the Work. including costs of trans- portation and storage there'Jf. 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. AJI trade discounts. rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. I I I 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work pen"ormed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER. which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee. the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject I .1 I to th'e 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: 11.4.5.1. The 'proportion of necessary transporta- tion. travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. 11.4.5.1. 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 [he workers. whicn 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 thereofis no longer necessary for the.Work. 11.4.5.4. Sales. consumer. use or similar taxes related [0 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 CONTR.-'\CTOR. 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 expensesl. not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amountS of property insura'nce established by OWNER in accordance with paragraph 5.9). pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee. If. however, any such loss or damage 22 I I I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to [hat slated. in paragraph 11.6,2. I II A.5. 7. The cost of utilities. fuel and sanitary facilities at the site. I II A.5.8. ,'.1inor e:<penses such as telegrams. long distance telephone c:J.lls. telephone service- at the site~ e:<pressage and similar pellY ~ash items in connection with the Wurk, I IIA.5.9, Cost of premiums for additional Bonds and insurance required because of changes in [he Work and premiums for pruperlY insurance coverage within the limits of the deductible amounts established b\' OWNER in accordance with paragraph 5.9. . I I 11.5. The rerm Cosr of the Work shall not include an\' of the following: . I 11.5. I. Payroll COSts and other compensa.tion of CON _ TRACTOR's officers. e,~ecurives. principals fel partner. ship a'nd sole proprietorships). general managers. engi- neers. archirects. esrimators. attorneys. auditors. accoun- tanrs, purchasing and contracring agenrs. e:<peditors. timekeepers. clerks and other personnel employed by CONTRACTOR whether at rhc sire or in CONTRAC- TOR's principal or a branch office for general administra. rion ofrhe Work and nor specifically included in the a~reed upon schedule of job classifications referred to in para- graph II A, I or specifically covered by paragraph 1,104.4-- all of which are ro be considered administrarive costs covered by [he CONTRACTOR's Fee. I I I 11.5.2. E:<penses ('f CONTRACTOR's principal and branch offices other (han CONTRACTOR's ,office ar the site. I 11.5.3. ,-\ny part l>fCONTRACTOR's capilal expenses. ,including interest on CONTRACTOR'S capital employed for the Work and charges againsr CONTRACTOR for delinquenr payments. I 1 \.5A. Cost 01 premiums for all Bonds and for all insurance whether or nO! CONTRACTOR is required by the Contract Documents to purchase and maintain the same te:<cept for the cost of premiums covered by sub- paragraph 1\ A.5. 9 above). I I 1\.5.5, C l>sts due to (he negligence of CONTRAC. TOR. any Subcontr:1~lor. or anyone uirectly or indirecrly employed by any of i:1~m or for who~e acts any of th~m may be lial>le. ir,.:hdin!; but not limiteu to. th~ correction of deln {;" .... 'ur~. JispoS,lI lIt' materials or equipm~nt wrongly ~ll: ...t .~. ,: ....,aking goou any damage [o.prop- erty. I I 11.5.0. Other o,.e:rhead or genernl expense costs of any kind and th~ CllStS of any item not specifically anu e:<pressly indude:d in paragmph II A. I CONTRACTOR's Fee: 11.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR for overheau 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 [he Cost of the Work: 11.6.2~ I. for costs incurred under parngraphs 11 A.I and IIA.~. the CONTRACTOR's Fee shall be fifteen percent: 11.6.2.~. forccsts incurred under paragraph IIA.3. the CONTRACTOR's Fee shall be f.ve percent: and if a subcontract is on rhe basis of Cost of the Work Plus a Fee. the ma:<imum allowable to CONTRACTOR on account of l>verhead and profit of all Sub:::ontractors shall be fifteen percent: 11.6.~.3, no fee shall be payable on the basis of costs itemized unuer parngraphs II AA. 11.4,5 and L1.5: 11.6.2A. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC. TOR's Fee by all amounr 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 IL.6.2.1 through 11.6,~A. inclusive. II. i. Whenever the cost of any Work iSla be determined pursuant to paragraph II A or \1.5. CONTRACTOR will submit in form acceptabk to ENGINEER an itemized cost breakdown together with supporting data. Cash ,4/lowances: 11.8. It is understood [hat CONTRACTOR has included in the Contract Price all allowances so named in [he Contract Documents and shall .;ause: the Work so covered to be done by such Subconrractors or Suppliers and for such sums within the limit of (he 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 ~~quired by the allowances to be deliv. ered at the site. and all applicable ta:<es: Jnd 11.8.~. CONTRACTOR's costs for unloading and handling on the: site. labor. installation costs. overheau. profit and other I:.'(pens.:s contemplilled for the allowances have be:en includc:d in the: Contract P.rice and not in the 13 I I I allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances. and the Contract Price shall be correspond- ingly adjusted. I Unit Price Work: I I 11.9.1. Where che Contract Documents provide that all or part of the Work is to be Unit Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identiiied item of Unit Price Worle times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTR.~CTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. I I I I 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sep- arately identified item. I 11.9.3. Where the quantity of any item of U nit Price Work performed by CONTRACTOR differs materially and signincantly from che estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON- TRA.CTOR may make a claim for an increase in the Con- tract Price in accordance with Anicle 11 if the parties are unable to agree as to the amount of any such increase. I I I ARTICLE 12-CHANGE OF CONTRACT TIME I I:!.I. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other I party and to ENGINEER promptly (but in no event later than thirtY days) after the .occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice I of the extent of the claim with supporting data shall be deliv- ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more accurate data in suPPOrt of the claim) and shall be accom- I panied by the claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time I shall be determined by ENGINEER in accordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paiagraph 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 worle as contemplated by Article 7, or to tires. floods. labor disputes. epidemics, abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Anicle 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE 13-W ARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK W I1TTlUU)' and GlUUYZJrlee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defecrive Work. whether or not in place. may be rejected. corrected or accepted as provided in [his Article 13. Access to Work: 13.2. ENGINEER and ENGINEER's representatives. dther representatives of OWNER. testing agencies and go v- ,ernmental agencies with jurisdictional interests will have access to theWor\< at reasonable times fortheirobservation. inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections. tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected. tested or approved. CONTRACTOR shall assume full responsibility therefor. pay all costS in connection therewith and furnish ENGINEER the required certificates of inspection. testing or approval. CONTRACTOR shall also 24 I I I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections. tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specifiedl. I I 13.5. All inspections. tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations a~ceptable to OW;-jER and CONTR.-\CTOR (or by ENGI~EER if so specified>. I I 13:6. If any Work fincluding the work of others) that is to be inspected. tested or approved is covered without written concurrence of ENGINEER. it must. if requested by ENGI- NEER. be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice ofCONTRACTOR's inten- tion to cover the same and E;-.IG[NEER has not acted with reasonable promptness in response to such notice. I I I 13.i. Neither observations by ENGINEER nor inspec- tions. tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perfonn the Work in accordance with the Contract Documents. ' I I Uncovering Work: 13.8. [fany \Vork is covered contrary to the wriuen request of E;-iG IN EER. it must. if requested by ENG I); EER. be unco\'ered for ENGINEER's observation and reolaced at CONTRACTOR's expense. . I 13.9. If ENGINEER considers it necessarv or advisable that covered \Vork be observed by ENGINEER or inspected or tested bl" 0thers. CONTRACTOR. at ENG[NEER's request. shall uncover. expose or otherwise make available for 0bservation. inspection .;r resting as ENGI:\ EER ma\' require. rhat p0rtion of the Work in question. furnishing ail necessary labor. material and equipment. [f it is found that such \Vorl\ is ,It/I!u;n'. CONTRACTOR shall.bear all direct. indirect and consequential costs of such uncovering. expo- sure. observati0n. inspection and testing and of satisfactOf\' reconstruction. (including but not limited to fees and chafl!:e~ of engineers. architects. ~[[orneys and other professionals). . and OWN ER shall be entitled [0 an appropriate decrease in the C0ntract Price. and. if [h.e panies are unable t~, al!.ree Us to [he amuunt thereof. may make a claim ther.:for a~ pr~vided in Arricle II, [f. ho\\ e\.er. slIch \Vurk is not f\'und to be de.f,-('(;q', CO:"TRACTOR ~hall be allowed an in.:rease in the C\lntr.ll:t Pnl.... :r..il ..:\...:nsil,)n of the Cuntra.:t Time. \lr buth. din:l:tly attril'llCabl.: tu such uncovering. .:xposure. obs.:rvatilln. in~pcctiun. testing and reconstructi\'n: anu. if the puni.:s are umlble 10 a~rec as tl,) the amount I,)r e.xtent I I I I I I thereof. CONTRACTOR. may make a claim therefor as pro- vided in ArticleL! 1 and 12. Owner May Stop the Work: 13.10. If the Work is defectil'e. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment. or rails to furnish or perform the Work in such a way that the completed Work will confonn to the Contract Documents. OWNER may order CONTRACTOR to s~op the Work. or any portion thereof. until the cause for such order has been eliminated: however. this right of OWN ER 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. Co"ection or Removal of Defective Work: 13.1 I. Ifrequiredby ENGINEER. CONTRACTOR shall promptly. as directed. either correct all defectil'e Work. whether or not fabricated. installed or completed. or. if the Work has been rejected by ENGINEER. remove it from the site and replace it with nondefectil'e Work. CONTRACTOR shall bear all direct. indirec: and consequential costs of such correction or removal (including but not limited to fees and charges of engineers. architects. attorneys and other profes- sionals> made necessary thereby. One Year Co"ection Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defectil'e. CONTR.-\CTOR shall promptly. without cost to OWNER and in accordan.::e with OWNER's written instructions. either correct such defect;I'e Work. or. if it has been rejected by OWNER. remove it from the site and replace it with Ilonuefecti\'e Work. If CONTRACTOR does not promptly comply with the terms of such instructions. or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defectil'e Work cor- rected or the rejected Work removed and replaced. and all direct. indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers. architects. attorneys and other professionals> will be paid by CONTRACTOR. [n 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 starr [0 run from an earlier date if so provided in the Specifications or by Wrinen Amendment. Acceptance of Defective Work: 13.13. [f. instead of requiring correction ur removal and replacement of ,It:/i!ctin' Work. OWN ER land. prior to ENG[NEER's recommend~lCion of Iinal payment. also ENG[NEER) prefers [0 accept it. OWNER may do so. CON. TRACTOR shall bear all Jirect. indirect and cunsequential Z5 1 1 costs attributable to OWNER's evaluation of and detenni- 1 nation to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges. of engineers. architects. attor- neys and other professionals). If any such acceptance occurs .1 prior to ENGINEER's recommendation of final payment. a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work: I and OWNER shail be entitled to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article II. If the acceptance occurs after such I recommendation. an appropliate amount will be paid by CONTRACTOR to OWNER. I OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time I after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11, orifCONTRACTOR"fails to perfonn the Work I 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- I ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER I 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 I 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. I CONTRACTOR shall allow OWNER. OWNER's represen- tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct. indirect and con- I sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER. and a Change I Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and O.WNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to I the amount thereof. OWNER may make a claim therefor as provided in .A~icle II. Such direc.t. ~ndirect and consequen- tial costs WIll Include but not be limited to fees and charges of engineers. architects. attomc:ys and other professionals. mall 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 IdefecriVt Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- fonnance of the Work attributable to the exercise by OWNER . of OWNER's rights and remedies hereunder. I ARTICLE I~PA YMENTS TO CONTRACTOR AND COMPLETION Schl!duit! of Vahtes: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments. and will be incorporated into a fonn 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. App/icanonfor Progress Payml!nJ: 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 but delivered and suitably stored at the site or at another location agreed to in writing. the Application for Payment shall also be accompanied by a bill of sale. invoice or other documentation warranting that OWNER has received' the materials and equipment free and clear ofauliens. charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein. all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 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 cree and clear of all Liens. Revil!w of App/icruions for Progress Paymeru: "14.4. ENGINEER will. within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER' s reasons for refusing to rec- ommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Applica- tion:Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation. the amount rec- ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER'.s recommendation of any payment requested in an Application for Payment will constitute a 26 1 1 representation by ENGfN EER to OWNER. based on ENGI- NEER's on-site observations of the Work in progress as an experienced and qualified design professional and on ENGI- N EER's review of the Application for Payment and the accompanying data and schedules that the Work has pro. gressed to the point indicated: that. to the best of ENGI- N EER's knowledge. information and belief. the quality of the Work is in accordance with [he Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substamial Completion. to the results of any .subsequent tests called for in the Comract Documents. to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10. and to any other qualifi- cations stated in the recommendation): and that CONTRAC- TOR is entitled to payment of the amount recommended. However. by recommending any such payment ENGfNEER will not thereby be deemed to have represented that exhaus- tive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specitically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the panies that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 1 I 1 1 I I I 14.6. ENGINE~R's recommendation of final payment will constitute an additional representation by ENGfNEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to nnal payment as set forth in paragraph 14.13 have been fulfilled. I I 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion. it would be incorrect to make such representations to OWNER. ENGINEER may. also refuse to recommend any such pay- ment. or. because of subsequently discovered evidence or the results of subsequent inspections or tests. nullify any such payment previously recommended; to such extent as may be necessary in ENGfN EER's opinion to protect OWNER from loss because: I I I l~. 7.1. the Work is defecti\'e. or completed Work has been damage~ requiring correction or replacement. 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 dl!fl!e- ti"1! Work or complete Work in accordance with paragraph 13.14. or I 14.7A. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. I OWNER may refuse to make payment of the full amount recommended by ENG[NEER because claims have been made against OWNER un account ufCONTRACTOR's per- formance or furnishing uf the Work or Liens have been filed in connection with the Wurk ur there are other 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 ENGIN EERl 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 cenificate of Substantial Completion. Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGIN EER 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 Ii;( 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 cenificate during which to make written 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 cenificate of Substantial Completion (with a revised tentative list of items to be com- pleted or corrected) renecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. .-\t the time of delivery of the tentative certificate of Substar.tial Completion ENGf- 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. uperation. safety. maintenance. heat. utilities. insurance and warranties. C nless OWN ER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER'sissuing the definitive certificate of Substantial Completion. ENGINEER's afore- said recommendatiun will be binding un OWNER and CON- TRACTOR untillinal 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 ur correct items on the tentative list. Parrwl l./tili:.ation: 14.10. Use by OWN ER of any finished pan uf the Wurk. which has specilically b.:en il.1e"ntified in the Contract Ducu- 27 I I ments. or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable 1 part of the Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's perfonnance of the remainder of the Work. may be accomplished prior to I Substantial Completion of all the Work subject to the follow- 109: I 14.10.1. OWNER at any time may request CON- TRACTOR in writing to pennit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees. CONTRACTORwill certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to detennine Its s~atus of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If EN GIN EER considers that part of the Work to be substantially complete. the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 1 I I I I I I 14.10.1. OWNER may at any time request CON- TRACTOR in writing to pennit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time there- after OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to detennine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACrOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety. maintenance. utilities. insur- ance. warranties and guarantees for that part of the Work which will become binding upon OWNER and CON- TR.A,CTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so infonned ENGINEER). During such operation and prior to Substantial Completion of such part 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 o I 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of propeny insurance. Fituz.l /nspecdon: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Firuzl App~ation for Paym~nt: 14.12. .4J'ter CONTRACTOR has completed all such cor- rections to the satisfaction of ENGL.'lEER and delivered all maintenance and opemting instructions. schedules. guaran- tees. Bonds. certificates of inspection. marked-up record documents (as provided in paragraph 6.191 and other docu- ments-all as required by the Contract Documents. and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16). CONTRACTOR may make application for final payment following the pro- cedure for progress payments. The final Application for Pay. ment shall be accompanied by all documentation called for in the Contract Documents. together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish receipts or releas~s in full: an affidavit of CON- TRACTOR that the releases and receipts include all labor. services. material and equipment for which a Lien could be filed. and that all payrolls. material and equipment bills, and other indebtedness connected with the Work for which OWNER orOWNER's property might in any way be respon- sible. have been paid or otherwise satisfied: and consent of the surety. if any. to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. FiTUJi Payment and Accepcance: 14.13. If. on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGINEER's review of the final Application for Payment and accompanying documentation-all as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGI- NEER will. within ten days after receipt of the final Appli- cation for Payment. indicate in writing ENGINEER's rec- ommendation of payment and present the Application to 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. .!8 I I Otherwise. ENGINEER will return the Application to CON- TRACTOR. indicating in ~...riting the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation. inappropri- ate form and .substance. and with ENGINEER's recommen- dation and notice of acceptability. the amount recommended by ENGIN EER will become due and will be paid by OWNER to CONTRACTOR. 1 I I 14.14. If. through no fault of CONTRACTOR. final com- pletion of the Work is ~ignificantly delayed and if ENGI- NEER so confinns. OWNER shall. upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER. and without terminating the Agree- ment. make payment of the: balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment. and if Bonds have been furnished as required in para- graph 5.1. the written conSI:nt 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 CONTR.~CTOR to ENGINEER with the Application for such payment. Such payment shall be made undc:r the terms and conditions g()v- erning linal payment. except that it shall not constitute a waiver of claims. I .1 I I I Contractors Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or linal payment by ENGIN EER. nor the issuance of a cer- tificate of Substantial Completion. nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor any use or occupancy of the Work or any part thereof by OWNER. nor any act of acceptance by OWNER nor any failure [0 do so. nor any review and approval 9f a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragr:lph 14.13. nor any correction of defectil'e Work by OWNER will.con- stitute an acceptance uf Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Co~tract DOl.:uments lexcept as provided in paragraph 14.16l. I .1 I I I I Wai~'er of Claims: 14,16. The making and acceptance of final payment will constitute: I 14.16.\. a waiver of all claims by OWN ER against CO:-.lTRACTOR. except claims "rising from unsettled Liens. from cll!.l"l'ti,.,' Work appearing af~er tin:!l inspec- tilln pursuant to paragraph 14. II ur from failure III comply Wilh the COntracl Dl1\:umenls onh~ terms of any ~pe:cial !;!Uar::\nlces ~pccitie:d Iherein: however. it will n~1[ con:;ti- tUle 01 waivcr hy OWNER uf any righls in r<::;p<:ct llf I H CONTRACTOR's continuing obligations under the Con- troct 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 l5-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 thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which willlix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension if CONTR.ACTOR makes. an approved claim therefor as provided in Articles 11 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 voluntary case under any chapter of the Bankruptcy Code (Title 11. 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 etfect at such time relating 10 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 etTect at the lime of filing. or if a pelilion is filed seeking any such equivalent or similar relief against CONTRACTOR under any other feder:ll or state law in etfect at the time relating 10 bankruplcy or insolvenq:: 15.2.3. if CONTRACTOR makes a general assignment for the benefit ofcredilors: 15.2A. if a truste~. receiver. custodian or agent of CONTRACTOR is appointed under applicable Jawor under contr:lCt. whose appointment or authority to take charge of property of CONTRACTOR is for th~ purpose of enforcing a Lien against such property or for the purpose of general administr:ltion of such property for the benelit ofCONTRACTOR's creditors: 15.2.5. if CONTRACTOR admits in writing an inabil- ity to pay its debls gem:rally as they become due: 15.2.6. if CONTRACTOR persistenlly fails to pc:rform the Work in accordance: Wilh the CUnlr:lct Documents ~9 1 1 (including. but not limitcd to. failure to supply sufficient skilled workers or suitablc materia.Js or equipment or failure to adhere to thc progress schedule establishcd under paragraph 2.9 as revised fr.om time to time): 1 I 15.2.7. if CONTRACTOR disrcgards Laws or Regu- lations of any public body having jurisdiction: I 15.2.8. if CONTRACTOR disregards the authority of ENGINEER: or . 15.2.9. 'if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- mcnts: I OWNER may. aft" giving CONTRACTOR land ,ho sur"y, if there bc one) sevcn days' written notice and to the extcnt I pennittcd by Laws and Regulations, terminate the scrvices of CONTRACTOR. exclude CONTRACTOR from the sitc and take possession of the Work and of all CONTRACTOR's I tools. appliances. construction equipment and machinery at the site and use the same to the full extent they could bc uscd by CONTR...\CTOR (without liability to CONTRACTOR for trespass or convcrsion). incorporate in the Work all materials I and equipmcnt stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. and finish thc Work as OWNER may deem expedicnt. In such case CONTRACTOR shaH not be entitled to receive any I furthcr paymcnt until the Work is finishcd. If the unpaid balance of the Contract Price excceds the direct. indirect and consequential costs of completing. the Work (including but not limited to fees and charges of engineers. architects. attor- II ncys and othcr professionals and court and arbitration costs) II such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay thc diffcrence 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 I to obtain [he lowest pricc for [he Work perfonned. I .1 I D 15.3. Where CONTRACTOR's scrvices have been so terminated by OWNER. the tcnnination will not affect any rights or remedics of OWN ER against CONTRACTOR then existing or which may thereaftcr accrue. Any retcntion or paymcnt of moncys due CONTRACTOR by OWNER will not relcasc CONTRACTOR from liability. 15.4. Upon scvcn days' written notice to CONTRAC- TOR and ENGINEER. OWNER may. without causc and without prejudice to any othcr right or remedy. elect to aban- don thc Work and terminate thc Agreemcnt. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable tennination expenses. which will include. but not be limited to. dircct. indirect and con- sequential costs (including. but not limited to. fees and chargcs of enginecrs. architects. attorncys and other professionals and court and arbitration costs). COnl1'a&tor May Slop Work or T erminaJ.e: 15.5. If. through no act or fault of CONTRACTOR. the Work is suspended for a pcriod of more .than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted. or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mincd to be due. then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER. terminate the Agreemcnt and recover from OWNER payment for all Work executed and any expcnse sustaincd plus reasonable termination expenses. In addition and in lieu of terminating the Agreement. if ENGINEER has failed to act on an Appli- cation for Paymcnt or OWNER has failed to make any pay- ment as aforcsaid. CONTRACTOR may upon sevcn days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts [hen due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations undcr paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes . and disagreements with OWNER. . [The remainder of this page was left blank intentionally.] I I D 30 1 1 I 1 I 1 I I I I I .1 m I I I I I U ARTICLE l6--ARBITRATION 16,1 All claims,' disputes and other matters in question betveen OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu- ments or the breach thereof shall be decided under Georgia Lav,in the Superior Court of Richmond County, Georgia. (The remainder of this page TJaS left blank intentionallY.) 31 I 1 .1 I U I I I D I I I I -I I I I I I (This page was .left blank intentionally.) 32 I I ARTICLE I7-MISCELLANEOUS I Giving Notic~: 17.1. Whenever any provIsIon of the Contract Docu- ments requires the giving of written notice. it will be deemed to have been validly given if delivered in person to the indi- vidual or to a member of the finn or to an officer of the corporation for whom it is intended. or if delivcred at or sent by registered or certified rnaiI. postage prepaid. to the last business address known to the giver of the noticc. Compuuuion ofTim~: 17.2.1. When any period of timc is referred to in the Contract Documents by days. it will be computed to exclude the first and include thc last day of such period. If thc last day of any such period falls on a Saturday or Sunday or on a day made.a legal holiday by the law of the applicablc jurisdiction. such day will bc omitted from the computa- tion. I I I I I 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. I General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or 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 agcnts 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 thc first observance of such injury or damage. Thc provisions of this paragraph 17.3 shall not bc construed as a substitutc for or a waiver of the pro- visions of any applicable statutc of limitations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the 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 thereundcr, 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 spccial warranty or guarantcc or by other provisions of thc 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 tennination or com- pletion of the Agreement. 33 1 1 1 1 I I 1 I I I I I I I I .1 I I a 1.1 SUPPLEMENTARY CONDITIONS OWNER'S LIABll.JTY & PROPERTY INSURANCE: Section 5.5, 5.6,5.7, 5.8, 5.9, 5.10 of the General Condition shall be amended as follows: No additional liability or property insurance will be purchased by Augusta Richmond County for this project. Current insurance coverages will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY: As indicated under Section 5.3 of the General Conditions, the Contractoes Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Dama.ge 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. (b ) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proxiinity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. SC-l 1 1 1 I 1 1 I I I I I I I I I I I. I I 1.4 1.5 1.6 1.7 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. SURVEYS: The Contractor will provide surveying for construction staking, horizontal control and vertical control as necessary. 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 leins, charges, security interest and other encumbrances shall be attached to the payment request. ENGINEER: All references to "Engineer". shall be interpreted to mean the Augusta Richmond County Engineer, or his official designee. 1.8 I UNDERGROUND UTILITIES: (References 4.3, 1.4,3.2) The Contractor shall coordinate with all utility companies through the "one call" method Of 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 1 1 1 I I I I '-' I ~-- ~ I -".-.1 I I, H' '._"1 H: Ii I' I I: I SECTION P PROPOSAL Date: /2/ I/O I , I Gentlemen: In compliance with your invitation for bids dated I 2- / 7 , 20~ the undersigned hereby proposed to furnish all labor, equipment, and materials, and to perrormall work (to grade, drain, base and pave) referred to herein as: Stevens Creek Road. In strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached hereto and totaling: DNE /VlILLIt..-J, Dy..Jr; t+u~"I2.c:--:tJ FIFTy-SeVEN THl>I.J.5.~O I Flvt: du.u~Rc--i) F/FTY-7Wo . . L-ul A;"J~ liDo DOLLARS ($ I,JSI,5"S2.. 2D . ) The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within 10 calendar days after the date of written notice to proceed, and that he will complete the work within 285 calendar days. The undersigned acknowledges receipt of the following addenda: -# 'I .;t 2.. I~ 3 . Respectfully submitted (YI ABu. s BIk Trl Efl ~ Cb~ s Tt2.u~ 71(/ ~~. :r~, (Name of Firm) q 2.0 f\l\D (l- V f>l),..Jt) RtJ ' (Business Address) fiuCru !;rA ~ 3oQo I By:~. Title: I tZE-s. P-l 'r'\,jb":ll';::~'='LI.:.. r-. \:Jt::"" .':'1/ HPC PUPCHH'; i r.IG 1 1 1 1 I I I -.1 -I '~I '.1 ~I :.1 ~I ~I :1 :1 I I DEC-O~-20131 23: 3:; - STEVENS cREEK ROAD PROJECT NO. 321-()4-288821235 REV. 11-14-01 111-1000 UNIFORMED OFF-DUTY POLlCE OFFICER 4 HR MIN. HOUR 150-1000 TRAFFIC CONTROL LUMP 171-0010 TEMPORARY SILT FENCE. TYPE A LF 207-0203 FOUND 8KFILL MATL. TP II CY 230-1000 LUMP SUM CONSTRUCTION LS 310-1101 IGRADED AGGREGATE BASE TON 318-3000 AGGR. SURF CRS TN 402-1812 !ASPH CONC LEVELING INC 8ITUM MATL & HLlME TON RECY ASPH CONC 19MM SUPR GP 1 OR 2 INCL 402.-3112 SITUM MATL & H LIME RECY ASPH CONG 12.5MM. GP1 OR 2 402-3141 INCL BITUM MATL SUPERPAVE RECY ASPH CONe 25MM SUPERPAVE. GP1 OR 2. INo. BITUM MATL & /of UME alTUM TACK COAT MILLASPM CONC. PAY. VARIOUS DEPTH DRIVEWAY CONC. 6" THICK DRIVEWAY CONC. 8- THICK lCONCRE1C SloEWAU<. 4- CONCReTE MED, 4- (GAOOT S'Tt)9ll32~) CONCRETE V p.uey GUT . WITH CU RB 8- CONCRETE CURB & GUTTeR ~4. TYPE 2 CONCRETE CURB & GuTTER a-X30-l'YPE 2 ClASS B CONCh RETAINING WALL CtASS A CONC. INCL REINF. STEEL CLASS B CONC.-SASE & WIOENING . ?VC STORM ORN 12. H 1-10 STORM-01=lAIN PIPE. 1S IN. H1-10 RCP STORM DRAIN PIPE. 18 IN. H1-10 RCP STORM DRAIN PIPE. 24 IN. 1-11-10 RClOl SAFETY END SECTION ' UNDDR PIPE INo. DRAIN AGGR. BIN ADJUST. SAN MANHOLE TO GAAOE ADJUST WATER V/JJ.VE aoxTO GRACe RIGHT OF WA.Y MARKER HIGHWAY SIGNS TYPE 2 MATL STEEL WIRE STRANO CABLE JIB IN CONCRETE STRAIN POLE, TYPE 4 TRFIC SIGNALS COMPL TESTED & OPERATIONAL TRAFFIC SIGNAL MODIFICATlON THERMOPlASTIC PVMNi ARROW TYP1 THERMOPLASTIC PVMNT ARROW T'l'P2 THERMOPLASTIC PVMNT ARROW TYP3 THERMQPlASTIC PVMNT WORD TYP1 11-IERMOPLSTC SlD TRf STRIP 5 WHIT ITH~MOPLSTC SLD TRF STRIP 5 YEL..O THERMOPl.STC SLD TRF STRIP 24~ WMITc ThERMOPLST1C TrW=FICSTRIP 1Z'WAITE THERMOpt5TJC SKIt" I t'V\r FIC STRIPE S- wHITE THERMOPlSTlC SKIP TRAFFIC STRIPE S- WHITE THERMOPlASTIC HAT011NG . THERMOPLSTlC PVMNT MAT~ING DETAIL B WHT ~ERMOPLSTIC PVMNT HATCHING DETAil D wKT' ~eFlMOPLS"TIC PVMNT HATCHING DETAIL A VELO 1000 .?'l.~D 3CJ5DO.OD 1850 .17."7 S' 11,,'7. -;?37.st. ~1 1500 39. 25" s R B7s.w 2400 2~tj)D Tf,~D~ OD 5400 . So tt, CJtJo.oo 130 J;,. q In SLf4-. () 0 100 D.ll ..01/.00 1000 I~."I 1~_7/Tl.OO 250 1 ~ '2.. ~ ~ 1:1 ~ ? <" 0 105 1-. '2..5' J 811."2..S 75 "1. "7 I 5'7 g. 2.."'- 6000 'to 0 iD S4- ~tao.oD 20 5"2..5'".00 110 .)-00,00 85 5'10.00 i.fSo,OO.DO 700 .l~. '71 S'~. "'97.00 150 /3.30 1/.4'15,00 135 'lo.R&> 2..,2.. 7lo.1 0 978 "1.0. SO 2.0 1) Lfq. DO 20 "2. t. ~~ SS'.O 0 t t..fBil. '11 'f j ~.cr I 550 Co,oo 3 r)Q.o 0 6 2:2..~, 00 I.;;C (J,ot!) 5 /00.00 In 00. 00 13 ~7. 'f<;", / 73fn. P. S 4S)~ '-I. <f;- n , J D'Z., SO 680 2..<=to J. "t/l..D() 2 3.-jQ-.,.oc 7 ("Q,..,.6D 1 .., ~ , ~ "72.. 00 7~. 1':'7':>.or 1 S4. C; 00'00 Si.f: Soo.oc:. '5 7nf'l.DO '100.00 26 (-"<,.,.,0 J. !,...,CJn ~o 15 510.00 1--;;) 00.00 12 Ro.oo cllno .DC!) 2200 D.~3 .... '2...&i.D 0 3060 D. 3'2.. c..., q. 2.0 80 ~~t':)O L 00.00 200 3.F'>O (nOD. 00 2200 0 . -2 10 'S 72 , 0 0 , 900 O,?.. to ~ Cf Cf. 0 0 300 :? or::> t: DO. 0 'D 255 :< ,DO - 1PS-.oO 330 ~.OO rz:tq O. 00 130 3. () c> ---=?q ".00 TON TON TON GL S.Y. S.Y. S.Y. S.Y. S.Y. S.Y. L.F. LF. CY CY CY LF. LF LF -~ EACH LF EACH EACH EACH SF LF EACH EACH -eACH EACH EACH EACH eACH L.F. U=. LF. L.F. GL G[ S.Y. S.Y. S.Y. S.Y. 402-3250 413-1000 432-5010 441-0016 441~016 441-0104 "1-0740 441-4050 441-6012 441-ii222 :. 500-.3201 500-3800 500-9999 550-1120 550-1150 550-'180 550-1240 550-3618 5T3-2006 611-8050 611-99115 634-1 ZOO 636-102.3 639-2002 639-4004 641.'000 641-1001 653-0110 653-0120 653-o13D SS3-0Z10 653-1 S01 653- 1502 653- 1 704 553-2810 653-3501 653-3502 653-6004 653-6004 653-6004 65~08 P2 10:50 100'C:-6"t-\lON S~~ Jlisnd J~ ~/Ul.d IlFEM1NCL-:,.. tt!i'l~ll".l'ml ".-.,.., ~ES~R.lil0fl1!.:I-.' .-..r...... <lG!:. .--"'l;! "~UNLH.I :i.i~~1ll B:BN1jji elUt:;~!i )"~~''''I " ','l!J.!Lr... .'..;_-.:1.:.:I;,\I.II~1 ..,,1' j;1_)."f'J,~.::;.~_..;:'.'n::,.".,.. ,..' ,!~. ;1,' ,.,~ It..~ 653-5006 Tl-lERMOPLSTICPVMNTHATCHINGOeiAILBYELO S.Y. 760. 3'00 '2.. 'Z. 0-00 654.1om RAISED PVMNT MARKERS TYPWeu,o EACH 120 S,oo &'00.00 654.'002 RAISED PVMNT MARKERS TYP1VVt'lrTE EACH 30 S.oo I So. 0.0 668.1100 CATCH BASIN. GP 1 EACH i5 I. "2,'>0.,..,,,, / ft./ "D.O 0 668-2100 DROP INLET. GP' EACH 12 I. I C:;-:b .00 I 3 . RoC). () 0 608-2.110 ORO~ INlET'. p,oO DEPTH L1=. 4 00-00 '-too. 0 0 668-4300 STORM SEWER MANHOLE ALL TYPES; EACH I) , ? ~(). .,tl -, .~ D/).()o 666-7012 CRAIN INLET. iT BOX TYPE -c- EACH 5 ~ <.-. 0 0 -, R~-~o'D 610-1080 8- DUCTILE IRON PIP~ LF. 20 ~.~ =u t~R.2D 610-112.0 12" CUCm.E IRON PIPE LF. 2200 '2..0. ~ L, ,r-. 'iR2.. DO 670-2060 8- (;ATe VALVE EACH 1 r,..,,..,< .34 . -,,--;:;.,.3' 670-2120 12" GATE VAl.VE EACH 3 /./*:2,J.90 3. "395": /0 670.3127 TAPPING sceevE;VAlVE 12XB eACH 1 "2... "2..10 ,. bID '2.. 2..1D1.0 Ip 670-3129 1ZX12 TAPPING SLEEVE AND VALVE eACH 1 ~ .,,-,/1.57; ':I.. (;) /I, -t' 1.::1 670-4000 FIRE HYDRANT EACH 3 'L;..,,/,..,.lPb 7". oSo.S-R 670-9710 RELOCATE EXISTING FIRE HYDRANT ' EACH 2 SDO.OC) I,06o.DO 670.9nO ADJUST EXISTING VAL.VE TO GRADE EACH 2 r"DO.OO 1 "00.00 670-9730 RELOCATE EXISTING WA~METER lNCL BOX EACH 3 ~ n/)o 00 ~q DO'OO 670-9735 RaOC. WATR MTR INC~ 6YPS-S VL T COMPLETE EACH 2 I. DIf3.0'D -2 "2.. J 9' 'DO ~'O ADJUST WATER SERVICE UNE TO GR l...F. SO 'J 3.00 --,;; S'o. 0 il 670-9610 WATER SERVICE LINE LF, 600 /0 00 W 00.;). ~D 70?-?oo1 GRASSING LS , -&f OOc).Co -qODO 00 700-9100 BLOCK saD . S.Y. 100 5.'-.(0 S-'-f 0 _ 1) 0 1 I DEC-02-2001 23:34 vo l;J 1'-'.'-'. RRC PURCHf=1'3 I t-IG - STEVENS CREEK ROAD PROJECT NO. 321-04-2B8821235 1 1 REV. 11-14-01 I I I .1 I I I :.1 :1 >~... ..1 'I I 1 I P3 I 7053124bU~ t-". \CI (/t.l { TOTAl. 1;1 S7, sS7-. LD TOTAL P.07 I I I 1 I I I I I I I I I I I I I I I Break Down of Lump Sum Construction items Stevens Creek Road 1) Clearing & Grubbing-$25,OOO 2) Bond-$lO,OOO 3) Staking-$2.5,OOO 4) Grading-$45,OOO 5) Removal Items-$22943 6) Relocate ltems-$51000 Totol- $178943 I I 1 1 1 I I I I I I I I I I I I I I / /' . / ./ ./ Hard SUrlaC8. ~ Public Road ./ / N.S.A R-2 (1.5'"-3.51 Ccane Aggntgatlt Geolextlle Under1/ner CRUSHED STONE CONSTRUCTION EXIT TO BE USED I>S OIRECltO BY ~E ENGINEER WH!RE CONSTRUCnON 1'RAFFTc IS Em'ERING A PUBUC PAVED ROAO. PA'r1.4ENT TO BE INCLUDED IN. PRIe! BID FOA LUMP SUU CONsmUCTlON OR OTl-lER CONTRACT 810 l1"EMS. CE-1 I 1 1 1 1 1 I .1 I I I I I I I I I I I Revised 7/16/01 GENERAL NOTES .. ADJUSTING MINOR STRUC1'lJRES TO GRADE: This item consists of raising or lowering the upper portion of existing manholes, water valve boxes, gas valve boxes or any other miscellaneous structures within the area of construction. There will be no separate payment for this work unless shown as a separate pay item. AGGREGATE SURF ACE COURSE: The item aggregate surface pourse is for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, Section 318, Georgia Standard Specifications, is modified to permit truck dumping on unprepared and muddy 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 ofthe following materials. Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type I or 2 Crushed Stone Subsection 815.01 Subsection 800.01 Section 803 Subsection 806.02 All materials to be used as directed by the Engineer. AS-BUILT PLANS: The Contractor shall furnish a complete, legible set of "as-built" plans, in good condition, to the Project Inspector prior to the date of the Final Inspection. Such plans shall have all significant changes marked in red. The Project Inspector shall review the marked plans for accuracy, legibility and completeness. After the Project Inspector approves and signs the redlined plans, a qualified engineering firm, selected by the contractor, shall make arrangements to obtain the original approved plans from the Public Works & Engineering Office. After originals have "as built" information . incorporated, they shall be s~amped and signed on the cover sheet by a registered Professional Engineer and returned to the Project Inspector for final processing. The Project Inspector shall sign the as-buiIts and place them in the permanent record files. There will be no separate payment unless otherwise shown. 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 G-l I I I I. I I I I I I I I I I I I I I H the Engineer when welds are,ready for inspection. Welded casings backfilled without the Engineer's approval shall be uncovered for inspection at the Engineer's request. COMPACTION: All compaction shall be as defined in the current edition of Georgia department of Transportation SpecificatioU:s. 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 condition, and competent operators. The backfilling of pipe and other minor structures shall be in accordance with Georgia Department of Transportation Standard specifications, Current Edition. Backfillirig with sand using jetting and/or flooding will not be allowed in .any case without the written pemiission of the Engineer. NOTE: When sand and jetting/flooding method is used the warranty for the backfilled area is extended from 12 months to 24 months. A plan for the jetting/flooding shall be submitted at the PreConstruciion Conference. CONCRETE: The Contractor shall have a slump cone on the project at all times when concrete is being placed. He shall, in the Engineer's presence, perform slump tests as directed by the Engineer. Tests shall be performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class "A" concrete sh~ll have a minimum of 611 lbs. Cement per cubic yard. Class "B" concrete shall have a minimum of 470 lbs. Cement per cubic yard. Concrete not meeting these requirements \\fill be rej ected by the Engineer. NOTE: No concrete shall be: placed uhtil all required equipment such as slump cone, curing compound and dispensor, etc., all in good working condition, are on the site. Inspectors must be given a minimum one-hour advance notice. No concrete shall be placed without the Inspector present unless othetwise directed by the Engineer. All concrete shall be placed during the Inspectors normal working hours, 8:30 a.m. to 5:00 p.m. unless othetwise directed by the Engineer. Formed surfaces shall receive finish immediately after removing forms. Forms shall be removed as provided in Section 500 of GA.DOT Specifications. G-2 I I I I I I I I I I I I I I I I I I I 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 otherwise 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 directiOIi ()f 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 place special emphasis on hydraulic considerations. The Contractor shall provide borrow and/or waste pits for this project. All pits acquired for use on this proj ect shall be reclaimed in accordance with Subsection 107.23 and Section 160 of the Standard Specifications and page PPA-l of this document. All storm drain pipe, side drain pipe, pipe culvert wing-walls, steps, retaining walls, curbs and gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as a removal pay item will be removed as Clearing and Grubbing, Grading Complete, Grading Per Mile or Lump Sum Construction. 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- Ware to be used at all street intersections on this proje~t. Asphalt milling where specified for use on existing pavement that is to be resurfaced adjacent to curb and gutter. .' Finished surface on asphalt pavement shall not exceed 1,4" 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. . G-3 I I I I I I I I I I I I I I I I I I I 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. AnYrequests 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 writ~ng, by the Engineer. DRIVEWAYS: The item aggregate surface cpurse is for use as surface for unpaved drives and for use in inclement. weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, Section 318, Georgia Standard Specifications is modified to permit truck dumping on unprepared and muddy subgrade. Section 318 is further modified to permit the use of cmsher run stone as describ~d in Subsection 806.02. The Contractor will have the choice ofthe following materials: Graded Aggregate Subsection 815.01 Coarse Aggregate Size 467 Subsection 800.01 Stabilizer Aggregate Type 1 or 2 Section 803 Crushed Stone 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. Earth Drives 2" Aggregate Surface Course (Spread on the surface and not mixed in). Ingress and egress shall be. maintained at all time to adjacent properties, unless otherwise noted in the plans. , All valley gutter drives shall conform to Standard 6050 or 9031-J. G-4 I I I I I I I I I I I I I I I I I I I DRIVEWAY GRADES: Driveway grades on this project will be critical. The Contractor is to make every effort to modify driveway grades as per Georgia Standard 6050 to provide desirable grades which will not cause vehicle drag. ENGINEER: In all contract documents, specifications, supporting documents, etc., the term "ENGINEER" means, and shall be deemed to mean, the Augusta-Richmond County Public Works Director or his: designated representative. EROSION AND SEDIMENT CONTROL: The Contractor shall be responsible for all soil erosion and sediment control practices. All on-site erosion control: shall comply with local 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. 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 page PPA-l. FENCE: All new fences called for on the plans and/or contract documents shall meet the requirements of Section 643: of the Georgia Department of Transportation Standard Specifications, current edition. New fence not meeting these Specs will be rejected. In contracts where remove and reset fence items are involved (either as pay items or as Lwnp Sum Construction) all replacement fence shall be equal to or better than the existing fence as approved by the Engineer. This means equal to or better than the original fence at the time of its installation. In accordance with Subsectic)Il 643.03D, the Contractor must furnish positive locking . devices, padlocks and keys with all gate assemblies. FINISHING AND DRESSING: All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre.:existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. G-5 I I I I I I I I I I I I I I I I n I o FLAGGING: Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions, and as required by the Engineer. All Flaggers shall meet. the. requirement of p<l;rt 6F of the MUTCD and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provide certified Flaggers as required above shall be reason for the Engineer suspending work involving the Flagger(s) until the Contractor provides the certified Flagger(s). Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket, and shall use a Stop/slow paddle meeting the requirements of Section 6F-2 of the MUTCD for controlling traffic. The Stop/slow paddle shall have a shaft length of seven (7) feet minimum. In addition to the stop/slow paddle, a flagger may use a 24-inch square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. Signs for Flagger traffic control shall be placed in advance of the flagging operation in aCGordance with the MUTCD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the presence of the flagger shall be placed beyond the point where 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. FOUNDATION BACKFILL MATERIAL, TYPE II: Foundation Backfill Material, Type II shall conform 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 culverts. Quantities shall be measured for payment in accordance with Georgia Standard 1030-D or as direCted by the Engineer. Payment shall be per cubic yard unless otherwise specified in'the contract. GEORGIA DOT PARTIClPATION: This project includes Georgia Department of Transportation funds. The GDOT Inspector must receive notification prior to any work startup or stoppage as well as our ARC Inspector. G-6 I I I I I I I I I I I I I I I I I I I GRADES: With the approval of the Engineer, grades may be field adjusted to provide for best drainage. GRADING: In contracts where gradiq.g, including excavation for drainage structures, is accomplished under Section 210 (Grading Complete or Grading Per Mile) or Section 230 (Lump Sum Construction), the Lump Sum amount bid will include all work necessary to obtain the line, grade and compaction in accordance with the Specifications and other contract documents. There will be no separate payment for any work of this nature including borrow and the removal. of unsuitable and/or unstable material. However, the Contractor shall make whatever investigations he deems necessary to determine the extent of any borrow or removal necessary to meet contract requirements. If it develops that removal of unsuitable/unstable materials quantities could not have been predicted by the contractor from a reasonably thorough investigation of project copditions, 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 quantities in excess of three (3) below finished subgrade and/or normal excavation for drainage structures, ordered by the Engineer, will be considered for payment. GRASSING AND EROSION CONTROL: The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to determine the actual area to be grassed. No claims will be considered for extra compensation if the contractor relies on plan information to prepare his bid. All slope areas are to be grassed unless shown otherwise on plans. Temporary grass is required if permanent grass season is out. The Contractor shall be responsible for all soil erosion and sediment control measures. All on-site erosi~n control shall comply with local erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. All unpaved and natural areas which are disturbed by the construction of this project are to be returned to. the pre-existing shape and slope and then finished and dressed. No separate payment will be .made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. G-7 I I I I I I I I I I I I I I I I I I I Discontinued roads or other areas inside or outside the project construction limits, but within the existing or required right-of-way, shall be obliterated and restored as nearly as possible to the original contour of the ground (see Section 205 of the Standard Specifications). No separate payment will be made for this work. Where item number 700-6001 is shown as a pay item, Georgia Department of Transportation specifications are modified to provide that the lump sum price bid shall be full payment for all fertilizer, lime and nitrogen. No separate measurement for payment will be made for any work or materials required to accomplish a staild of permanent grass. INFESTATION:, The entire project is considered to be within the limits of an insect infested area. The contractor's attention is. called to the following sections of the Standard Specifications: (A) 155 Insect control (B) 893 Miscellaneous Planting Materials. HAUL ROUTE RESTORATION: Adequate quantities of asphaltic concrete have been included for haul route restoration to be used as directed by the engineer. INSPECTIONS: This project will be inspecteci by the Engineer or his Representative. LANDSCAPING: All the requirements of SeCtion 702 of the Georgia Department of Transportation Specifications, current edition, are applicable to this project except as follows: there will be no separate pay fot staking, including Perimeter Staking and for Spring Application of Fertilizer. All costs shall be included in prices bid for Landscape Items. Bag grown plants are not acceptable. 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, G-8 I I I I I I I I I I I I I I I I I I I etc., tmless othetwise 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 unless othetwise directed by the Engineer. LUMP SUM CONSTRUCTION: The Contractor shall provide breakdowns on all components that make up Lump Sum Construction. The breakqown shall provide the unit price assigned to each component. MILLING: Consists of milling existing asphaltic concrete pavement primarily in curb and gutter sections 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. NOT~: All required milling' shall be done prior to placing new base, paving, and/or patching unless othetwise approved by the Engineer in writing. In all cases, the specified thickness for base, paving, and/or patching must prevail regardless of when milling occurs. There will be no payment for milling of new base, paving or patching unless so ordered by the Engineer. 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 ~lets, manholes, exposed Junction Boxes, etc., with concrete topslabs shall include manhole rings and covers. The Contractor shall install the manhole rings and covers such that the steps can be easily accessed. PATCHING AND REPAIR OF MINOR DEFECTS: Where needed, the contractor is required to patch and repair existing potholes, minor pavement defects and base failures in accordance with the Specifications. PAVEMENT CUTS: All pavement cuts shall be sawed with a neat vertical edge consistently straight enough that a roller can follow the edge precisely to achieve the desired compaction. Irregular edges will not be accepted. Payment shall be included in the pri.ce of the pIpe. G-9 I I I I I I I I I ,I I I I I I I I I I PAYMENT FOR PIPE CULVERT INSTALLATION: 1. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. 2. Payment for pipe culv~rt 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). 4. All concrete storm drain and longitudinal pipe shall include O-ring gaskets. PIPE CULVERTS: Unless otherwise noted, all storm drain, longitudinal and stub pipes are to be reinforced concrete. All required pipe culverts shall be in accordance with Standard 1030-D. Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate pay item will be made for this material or its placement. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement sidewalk, curbing, etc., and replacing same as specified in accordance with Standa~d 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete and for constructing concrete collars. The contractor shall include in his price bid for pipe, the additional cost of bends, tees, fasteners, appropriate gaskets (see Section 848 of the Standard Specifications), and structure excavation. PRECAST CONCRETE UNITS: Precast Concrete Units, other than those specifically allowed by Georgia Department of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc., shall not be installed without written permission from the Engineer. Any such units installed without such written permission shall be removed from the project. PROPERTY CORNERS AND MARKERS: All right-of-way markers where required shall conform to Standard 9003. Right-of- way markers shall be flush with the finished ground-line when so directed by the Engineer. G-I0 I I I I I I I I I I I I I I I I I I I RELOCATED WATER METERS: Relocated water meters and water meter boxes may not be placed in the sidewalk. REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD: It shall be the contractor's responsibility to remove and reset any and all existing ornamental shrubs and bushes and sod in conflict with proposed construction. Coordination with the property owners is essential in this endeavor. The contractor will not be held responsible. for care and maintenance after removing and resetting these plants and sod except in cases where the Contractor's equipment causes irreparable damage or where: plants and/or sod dies as the result of negligence on the Contractor's part. In which cases, the Contractor will be held responsible for replacement. Sod shall be reset with ground preparation in accordance with Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall remove the sod in a manner that will be conducive to insuring that the reset sod will live. i At the contractor's option, he may replace any sod he removes with new sod of the same type. No separate payment will be made for this work or replacements unless specifically shown as a pay item. REMOVING AND RESETTING OF OBSTRUCTIONS: It shall be the Contractor's responsibility to remove and reset any and all obstructions, such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns, etc., which are in conflict with construction. Contractors are responsible for the security of pets. and/or personal property through the use of temporary fence ifnecessary~ No separate payment will be made for this work except when shown as a separate pay item. RIGHT-OF-WAY AND EASEMENTS: The Contractor shall not perform any work outside the limits of the right-of-way or easements. In addition, no equipment or material shall be placed outside these areas without written permission of both the property owner and the Engineer. In 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 useofthe property. G-11 I I I I I I I I I I I I I I I I. I I I SALVAGEABLE MATERIALS: As directed by the Engineer or his representative, all salvageable materials, such as drainage pipe, which require:removing but are not to be used on this project, are to be cleaned and stored within the right-of-way by the Contractor. These materials shall be picked up and transported by Augusta Richmond County forces. The Contractor is responsible and shall make. restitution to Augusta-Richmond County for materials damaged through hi~ negligence. . SAW CUTS: When matching existing con,ditions, saw cuts shall be used as required by Augusta- Richmond County. Only saw cuts in Portland Cement Concrete which are shown as contract pay items will be paid for separately. No saw cuts in asphaltic concrete will be paid for separately. . SHOULDER WORK: All necessary cleaning of the existing pavement, including clipping of shoulders, required prior to resurfacing shall be the responsibility of the Contractor. The material displaced shall be removed, lowered or spread over the shoulder to an elevation and slope which will provide adequate drainage. The cost of such work shall be included in the prices bid for other items. SOD: Sod will not be paid for separately when used to match or replace sod on adjacent lawns as replacement in kind, See GDOT specifications, subsection 700.04 E. SPECIAL EVENTS: When Special Events occur, such as the Augusta Masters Golf Tournament, all work shall be safed up, shut down and maintained until the Engineer okays the resumption of work. No project is exempt without the expressed approval of the Engineer. If these type work stoppages impose a hardship, contract time wise, consideration will be given to extending the contract time in an amount commensurate with the delay caused by such work stoppages provided the Contractor has otherwise pursued the work diligently. SPECIFICA nONS: This project is based upon, and shall be constructed in accordance with, the State of Georgia Department of Transportation Standard Specifications for Construction of G-12 I I I I I I I I I I I I I I I I I I D Roads and Bridges, current edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the Engineer shall control the situation. SPECIFICATIONS, STANDARDS:AND OTHER DATA: All references in this document, (includes all papers, writings, documents, drawings, or photographs used, or to be used, in connection with this document), to State Highway of Georgia, State Highway Department, Highway Department, or Department when the context thereof means the Georgia Department of Transportation means, and shall be deemed to mean, Augusta-Richmond County, Augusta-Richmond County Commission-Council Department of Engineering Services. The data, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, are not guaranteed, and do not bind Augusta- Richmond County, Georgia ,in any way. Only the actual quantities completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard 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. STORM DRAIN PIPE: Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete and shall include a-ring gaskets. SUBCONTRACTORS: The Contractor shall furnish, the official name, plus the name and telephone number of the 24 hour emergency contact of all firms he proposes to use as Subcontractors in G-13 I I I I I I I I I I I I I I I I I I I the work. This information is to be furnished at the Preconstruction Conference. 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 approval of the Subcontractor(s) is granted. NOTE: All submissions shall include the following information for each Subcontractor: 1) Name of Subcontracting Firm 2) Description of Work To Be Done 3) Contact Person's Name and 24 Hour Phone Number SUPERELEV ATION: All horizontal circular curves are to be superelevated in accordance with Georgia Standard 9028-C as directed by the Engineer. TESTING OF THE WORK: The Contractor shall employ. a qualified materials testing 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 required where necessary. All test results are to be submitted to the Engineer. No separate payment will be made for employing the testing laboratory or any required tests. On projects that include asphaltic concrete, cores shall be cut in the asphaltic concrete at random locations, selected by the Engineer, to verify thickness. A minimum of three (3) cores per mile or three (3) cores per project, whichever is greater, shall be cut by the Contractor. If all thickness' 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 locati~ns of the Engineer's choosing, shall be cut to determine the extent of the unsatisfactory thickness. Corrections as shown in Section 400 of the Department of Transportation Specifications shall be made where required. There will be no separate payment for cutting cores, filling core holes, or corrective work. Payment shall be included in the price bid for asphaltic concrete items or in the overall bid price of the contract. TEST ROLLING: G-14 I I I I I I I I I, I I I I I I I I I I Prior to placing any base course, the sub grade shall be test rolled on six feet centers using a loaded dump tiuck or other equipment approved by the Engineer. TRAFFIC CONTROL: The Contractor shall provide construction signs in accordance wit~ 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 cons1truction of this proj ect shall meet all requirements of the M.U.T.C.D., current edition, as d4"ected 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 unde~ 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 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 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 othenvise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. TRAFFIC CONTROL DEVICES: The Public Works Department, shall provide Augusta-Richmond County Traffic Engineering Department with two (2) weeks notification on the placement of all permanent traffic control devices. The Contractor shall provide all temporary traffic control devices needed to safely direct traffic through th~ con~truction area. All temporary traffic control devices are to be placed in . accordance with Georgia Depm1ment of Transportation Standards and Specifications. . G-15 I I I I I I I .1 I I I I I I I I I I I . TRAFFIC CONTROL DEVICES: . The Contractor shall provide all temporary traffic control devices needed to safely direct traffic through the construction area. All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and Specifications. TRAFFIC DETOURS: Where detours are required and in accordance with Section 150 of the Standard Specifications 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 th~ Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. TREE WELLS, TREE WALLS AND ROOT PROTECTION: This work will be done in accordance with Section 703 of the Standard Specifications. Where possible, the Contractor is to save and protect selected trees and shrubs. If it becom~s .necessary, the contractor, with the approval of the Engineer, is to protect thes~ trees and shrubs by means of small retaining walls, tree wells and porous material placed to protect the root system. No separate payment will be made for this work unless a pay item is provided. TRENCHING: This project calls for the il,1stallation of reinforced concrete pipe by the open-cut or trenching method parallel to the flow of traffic. The maximum depth of open trench is estimated 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. UNIFORMED POLICE OFFICERS: When shown as a pay item Uniformed Off-Duty Police Officers shall be used as directed by the Engineer. The bid price shall be $15.00/hour with a minimum of four hours. The pay item for this will be: 111-1500. G.,16 I I I I I I I I I I I I. I I I I I I I UTILITIES: The Contractor's attention is directed to the possibility of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and underground telephone cables that either are obstructions to the execution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature will be handled by the utility owner, with the exceptions of the Augusta 1(tilities Department and Augusta Traffic Engineering. THE FOLLOWING UTILITY COMP ANTES SHALL BE NOTIFIED BEFORE WORK BEGINS: Georgia Power Company Post Office Box 488 Augusta, Georgia 30904 Telephone (706) 667-5523 Attention: Al Danner Atlanta Gas Light Co 1840 Wylds Rd. Augusta, Georgia 30913 Telephone (706) 481-1453 Attention: Thomas Harwell Bell South 3841 Wrightsboro Road Augusta, Georgia 30909 Telephone (706) 210-8021 Attention: Andy Strasser Knology 3714 Wheeler Road Augusta, GA 30909 Telephone (706) 364-1000 Attention: Patrick Casev Comcast 1424 Monte Sano Avenue Augusta, Georgia 30904 Telephone (706) 736-6515 Attention: Kevin O'Meara Augusta Utilities 360 Bay Street, Suite 180 Augusta, Georgia 30901 Telephone (706) 796-5000 Attention: Max Hicks AT&T 937 Greene St. Augusta, Georgia 30901 Telephone 706-836-2240 Attention: Bill Wadley UTILITIES: All utility facilities except those owned by Augusta Utilities Department which are in conflict with construction, not covered as specified items in the detailed estimate, are to be removed and relocated. to clear construction by the respective owners with the exception of Augusta Utilities and Augusta Traffic Engineering unless added later to G-17 I I I I I I I I I I I I I I I I I I I the contract as a supplemental item. All "above ground" utility structures will be located as near as possible to the right-of-way line. The Contractor will not be paid for any delays or extra expense caused by utility facilities obstructions or any other items riot being removed or relocated to clear construction in advance of his work. All known utility facilities are shown schematically on the '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 ut'ility facilities when such facilities are not shown on the plans and their existence is unknown to the Contractor prior to the damage occurring, providing the Engineer determines the Contractor has otherwise fully complied with the Specifications. The following utility owners have facilities which may conflict with construction of this project: NAME OF UTILITY OWNER TYPE OF FACILITY Georgia Power Company Atlanta Gas Light Company Comeast Bellsouth Augusta Utilities AT&T Knology Power Gas Cable Telephone Water, Sewer Telephone Cable, Telephone The Contractor shall use the one-call center telephone number 1-800-282-7411 for the purposes of coordinating the marking of underground utilities. The Contractor's attention is directed to the probability of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and underground telephone cables that either are obstructions to the execution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature except Augusta Utilities and Augusta Traffic Engineering will be handled by the utility owner. UTILITY ACCOMMODATION POLICY: G-18 I I I I I I .1 I I I I I I I I I I I I In so far as possible, work shall be scheduled so that open excavations will not be left overnight. Where trenches, pits or other excavations are within the clear roadside areas and cannot be backfilled before leaving the job site, they shall be covered by timbers or metal plates and protected by reflectorized and/or lighted barricades as appropriate and as directed by the Engineer. Barricades sufficient to prevent a person from falling into an excavated or work area must be erected in areas where these conditions exist. ' WARRANTY: Unless otherwise specified, all contract work is subject to a 12-month warranty. The 12-month warranty is hereby modified to include the following: Any repairs, corrections or modifications performed within the last six months of the original 12- month warranty shall have the original 12-month warranty extended 180 calendar days past the date of such repairs, corrections or modifications. G-19 I I I I I I I I I I I I I I I I I I n . DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION:150-TRAFFIC CONTROL August 28, 1995 First Use: October 20, 1995 Modification of Special Provision Section 150 - Traffic Control (Rev. June 21, 1994) Retain Section 150 as written and add the following: For this project, all references to flags on construction warning signs in the Standard Construction Details listed below are dE!leted except for signs which are mounted at less than seven (7') feet in height (portable signs). Standard Construction Details · Typical By-Pass Detour for Two-Lane Highway · Typical Detour Across Median · Transition of 4-Lane Divided Highway to 2-Lane Highway · Traffic Control General Notes, Standard Legend, Miscellaneous Details In addition, G20..1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated September 3, 1993. 150.02 WORK ZONES: Delete "Work ZonesH and substitute: Temporary Traffic Control Zones. 150.02. 8.2.: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200 feet in advance ofthe 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 bamer 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 lessen the possibility of affecting the undercarriage of a vehicle. lS0.03.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE REQUIREDTO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF WARNING FlAGS. Delete first sentence of second paragraph and substitute: Construction warning signs which are mounted at less than seven feet in height (p.ortable .signs) shall have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign. 7"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 ~ 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 {eleven}. 150.10 PAYMENT: Item Np. 641 - Delete reference to Type 9 and substitute Type 11 {eleven}. SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL June 22, 1994 First Use: July 24, 1994 Modification of Standard Specifications, 1993 Edition Retain Section ISO as written and add the following: For this project, all references in the Standard Construction Details listed below to Type I Barricades, Type II Barricades, Type "A" flashing-lights and Type."C" steady burn lights are deleted, except that Type "c" lights wil~ be required for tapers fn nighttime lane closures. Standard Construction Details · Typical By-Pass Detour tor 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 MUTCn, Revision 3, dated September 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 ISO as written and substitute.the following: 150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTCD shall be considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and removing necessary traffic signs, barricades," lights, signals, cones, pavement markings and other traffic control devices and shall include flagging and other meaI1$ for guidance and protection of vehicular and -rc-z I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA pedestrian traffic: through the Work Zone. This Work shall include both maintaining existing devices (excluding Traffi(: Signals) and installing additional devices as necessary in construction work zones. When any provisions of this Specification or the Plans do not meet the minimum requirements of the .Manual on Uniform Traffic Control Devices <MUTCD), the MUTCD controls. The 1988 Edition of the MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration of the I p~~~ . A. The Contractor shall designate a qu3Jified individual as the Worksite Traffic Control Supervisor (WTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's traffic control responsibilities shall have priority over all other assigned duties. . , As the representative of the ContractOr, the WTCS shall have full authority to act on behalf of the Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in safe traffic control practices in accord~ce with Part VI of the MUTCD. In addition to the WTCS all others m:l king decisions regarding traffic control must meet the training requirements of Part VI of the MUTCD. On projects where traffic control duties will not require full time supervision, the Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as satisfactory results are obtained. . The WTCS shall have a copy of the MUTCD on the job site. Copies of current MUTCD may be obtained from: ' U.S. Government Printing Office Superintendent of Documents Mail Stop:SSOP Washington, D.C. 20402-9328 The WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with access to all personnel, materials and equipment necessary to respond effectively to an emergency situation within forty-five (45) minutes of notification of the emergency. .. The WTCS shall supervise the initial installation of traffic control devices .which will be reviewed by the Engineer prior to the beginning of construction. Modifications to traffic control devices as required by sequence of operations or staged construction must be reviewed by the WTCS. The WTCS shall regularly perform inspections to ensure that traffic control is maintained. B. All 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 Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09. C. All reflectorization for construction (black on orange) signs, object markers, and channelization devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other signs shall meet the requirements of TY,pe I unless otherwise specified. D. No work shall be started on any project phase until'the appropriate traffic control devices have been placed in accordance with. Project requirements. Changes to traffic flow shall not commence unless all labor, materials, and equipment necessary to make the changes are available on the Project. E. The Contractor ,shall seeure the Engineer's approval of the Contractor's proposed plan of operation, sequence ofwol'k and methods of providing for the safe passage of vehicular and pedestrian traffic before it is placed in operation. The proposed plan of operation should supplement the approved traffic control plan. Any major changes to the approved traffic control plan, proposed by the Contractor, are to be submitted to the Department for approval in accordance with Subsection 104.03 of the Standard Specifications. /t:'-,3 I I I I I I I. I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Some additional tiaffic control details will be required prior to any major shifts of traffic. The traffic control details shall include, but not be limited to, the following: , 1. A detailed drawing showing traffic location and laneage for each step oftbe change. 2. The location, size, and message of all sign.s required by the MUTCD, Plans, Special Provisions, and other signs as required to fit conditions. 3. The method to be used in, and the limits of, the obliteration of conflicting lines and markings. 4. Type, location, and extent of new lines and markings. 5. Horizontal and vertical alignment and superelevation rates for detotlI'S, including cross section and profile grades along each edge of existing pavement. 6. Drainage details for temporary and permanent alignments. 7. Location, length, and/or spacing of channelization and protective devices (temporary barrier, guardrail, barricades, etc.) , 8. Starting time, duration and date of planned change. 9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing workforce, materials, and equipment necessary to accomplish the proposed work. This will be the minimum resource allocation required in order to start the work. The above details shall be submitted to the Engineer for approval at least 14 days prior to the anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has been approved by the Engineer prior to commencement of the physical shift. All preparatory work relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the designated starting time. The Engineer and the Contractor's representative will verify that all conditions have been met prior to the 90ntractor obtaining materials for the actual traffic shift. F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be. maintained ill 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. G. The Department reserves the right to restrict construction operations when, in the opinion of the Engineer, tfle continuance of the Work would seriously hinder traffic flow on days immediately before, on, or after holidays or other days in which unusual traffic conditions exist, including threatening or inclement weather. . 150.02 WORK ZONES: A. In addition to the other provisions cont3.med herein, work zone traffic control shall be accomplished using the following means and materi~s: 1. Portable advance warning sign.s as required by the contract or meeting the requirements of the MUTCD and Sub-Section 150.03. .2. Portable sequential or flashing arrow panels as shown in the Plans .01" Specifications for use on Interstate or multi-lane highway lane closure only, shall be a minimum size of 48" high by 96" /c-~ I I I I I I I I I 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 size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum legibility distance is that distance at which the arrow panel c3n be comprehended by an observer on a sunny day, or clear night. Arro'f' panels shall be equipped with automatic dimming features for use during hours of darkness. The arrow panels shall also meet the requirements as shown in the MUTCD. The sequential or flashing arrow panels shall not be used for lane closures on two- lane, two-way highways when traffic is restricted to one-lane operations in which case, appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient. 3.. Portable changeable message signS meeting the requirements of Section 632 and the MUTeD. 4. Channelization devices meeting the standards of the MUTCD and Subsection 150.05. 5. Precast concrete barrier meeting the requirements of Section 622. 6. Temporary traffic signals meeting the requirements of Section 647. 7. Pavement marking materials complying with Subsection 150.04.A. B. LANE CLOSURES: 1. All lane closures shall have prior ,approval of the Engineer. Lane closures that require same direction traffic to be split. around the Work Area will not be approved for roadways with posted speeds of 35 mph or greater, excluding turn lanes. 2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the entrance aIld exit ramps shall have channelization devices placed on both sides of the ramp. The temporaxy 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 Engineer. C. TRAFFIC PACING METHOD: 1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the Contractor up to ten (10) minutes maximum to work in or above all lanes of traffic for the following purposes: a. Placing bridge members or other bridge work. b. Placing overhead sign structures. c. Other work items requiring interruption of traffic. The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for each direction ofpa.cing. The police officer; Engineer, and flaggers at ramps shall be provided with a radio which will provide continuous contact with the Contractor. rc-..:s- I I --.. I I I I I I I I I I I I I I I I. I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA ~.. '.." ',: ..... = When ready to start the work activity, the police vehicle will pull into the travel lanes and act as a pilot vehicle slowing the traffic therebY, providing a gap in traffic allowing the Contractor to perform the Work..Any on-ramps between the p~ and the work area shall be blocked during pacing of traffic, with a flagger properly dressed and equipped with a StoplSlow paddle. Each ramp should be opened after the police vehicle has passed. Pilot vehicles shall travel at a safe pace 'speed, desirably not less than 20 mph interstate and 10 mph non-interstate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared the area. Traffic will not be permitted to stop ,during pacing except in extreme cases as approved by the Engineer. . 2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in 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 Detail150-A). A portable changeable message sign may be used in lieu of the W-special sign. On divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted at the sign, and upon notice that the triLffic is to be paced shall turn on the flashing light and reveal the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered or removed. W-special signs are reflectorized black on orange, Series "C" letters and border of the size specified. . ./c-~ I I I I I I I I I I I I a I I I I I I DEPARTMENT OF TRANSPORTATION S'FATE OF GEORGIA ',1" . 7z. TYPE ,. 'LlSNUC LICHT lit nur'IC SIDE ,8 MMeIN IIlt8 IIQADtR 38 IUDIUS 53- , t,,- ,- ","~[pJ ~ ~. ~ ~ ~ t08 r 5%8.. .1 t08 ~~(Q)I~~ '158-,' ~2-. '~5 ~~~~~ ~~@~] ..~~~bl W 1:"'1. :",' 1':1- 128 128 SER. "C8 ,- 12- 'Z- SER. ee- ,- 12' t2- SER. 'c' --;. I' I' w. 8C' ,. w-srE C I AL S lCiII I TEIiPt'IWn' !tClS T WD.* TE D I SICM SMALL NAVE IUCX UC()I) AN) lOADER CJI ClUNG[ lI:'lECTDRllED BAClCiAQJHD DETAIL 150-A D. The Contr~ctor's trucks and other vehicles shall travel in the direction of normal roadway traffic unless separated by a positive barrier, or when construction activity necessitates otherwise, and shall not reverse direction except at intersections, interchanges, or approved temporary crossings. E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not interfere with normal traffic operations or adjacent properties. F. E;dsting 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 ~djacent to traffic during nighttj,me operation shall wear reflectorized vests. . /c:'-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 1. The parking (If Contractor's and/or workers personal vehicles within the work area or adjacent to traffic is prohibited. ' J. The Worksite 'lTaffic 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 travelway. These items :Shall be stored in a location, in so far as practical, where they will not be subject to a vehicle running off the road and striking them. K All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate changes to existing walkways, temporary walkways shall be provided and maintained, with appropriate signs as necessary, to allow safe passage of pedestrian ~c. 150.03 SIGNS: A. When required for proper traffic control during construction of the project, all existing guide, warning, and regulatory signs shall be maintaine.d by the Contractor in accordance with these Specifications. Existing street name signs shall be maintained at street intersections..All existing illuminated signs shall remain lighted and be maintained by the Contractor. B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered so as not to be ~iSible to traffic. All co~ction 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. 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 otheiwise specified in the contract documents. D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed, reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractor., The bottom of all interim signs shall beat least seven feet above the level of pavement edge. E. Existing special guide signs on the Project shall be maintained until conditions require a change in location or legend content. When change is required, existing signs shall be modified and continued in use if the required modification can be made within existing sign borders Using design requirements (legend, 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 contentOegend) 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. . 2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new interim special guide signs in accordance with the Plans or as directed by the Engineer. 3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign structures are not required to be lighted unless specifically required by the Plans. Iflighting is required the sign shall be lighted as. soon as erected and shall remain lighted, during the hours I . of darkness, until the interim sign is no longer required. The Contractor shall notify the Power Company at least thirty (30) days prior to desiring connection to the power source. , -rc- 8 I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 4. 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 m;n;m;ze the us,e of interim special guide signs. Iflighting is required by the Plans, all new permanent overhead special guide signs shall be lighted as soon as erected. 5. Interim special guide signs that may be required in addition to, or a replacement for, existing expressway and freeway (interstate) signs must be designed and fabricated in compliance with the minimum requirements for guide signing contained in Pait 2E "Guide Signs Expressways" and Part 2F "Guide Signs Freeways" of the MUTCD, except that the minimum size of all letters and numerals in the names of places, streets and highways on all signs shall be 16 inches Series "E" initial upper-case arid 12 inches lower-case. All interstate shields on these signs shall be 48 inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the exit road name or route shield shal,l be placed on the exit gore sign. F. MATERIALS - INTERIM SIGNS: 1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green or silver paint may be used in lieu ofialvanization for steel posts or structural shape posts. Wood posts are not required to be pressure treated. ' 2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the Specifications except that blanks and 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 si~ before these materials are allowed to be incorporated into the work. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum. PlYwood blanks or panels will not b,e permitted. G. All existing, interim and new permanent signs shall be installed so as to be completely visible for an advance distance in compliance with: the MUTCD. Limbs, brush, construction equipment and materials shall be kept clear of the driv.er's line of sight to the signs. H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the MUTeD and shall 'include a series of at:least three advance road construction (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. All construction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each including the project construction signs (G20-1 and G20-2A.) Project mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest whole mile. All construction warning signS on divided highways shall be double indicated (i.e., on the left and right sides of the roadway.) . 1. The sequential or flashing arrow panels shall be placed on the shoulder at ot near the point where the lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable support. 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. J. The portable changeable message sign, when specified, shall be placed ahead of construction activities and shall meet the requirements of Section 632 and the MUTCD. '"/c-? 'I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA K. The flashing beacon assembly, when sp~ed, 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 647. . 150.04 PAVEMENT MARKINGS A. Generally, full pattern pavement markings in accordance with Section 652 and in conformance with Section 3A and 3B, except 3B-3 and 3B-5, of the MUTCD are required on all courses before the roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E. During construction and maintenance activities on all highways open to traffic, both existing markings and markings applied under this Section shall be fully maintained until Final Acceptance. If the pavement markings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering, or construction activities, they shall b.e restored immediately. On resurfacing projects pavement markings shall be provided on all surfaces that are placed over existing markings. On widening and reconstruction projects (where the lane configuration is altered from the pre-construction layout) pavement markings will be as required 'by the Plans or the Engineer. On new construction projects pavement marking plans will be provided. B. MATERIAlS: All traffic striping applied ,under this Section shall be a minimum four inches in width and shall conform to the requirements of Section 652, except as modified herein. Raised pavement markers (RPMs) shall meet the requirements of Section 654. Markings on the final surface course which mtist be removed shall be a removable type. The Contractor will be permitted to use paint, thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise directed by the Engineer. Partial (skip) reflectorization (Le. reflectorizing only a portion of a stripe) will not be allowed. C. USAGE: The Contractor shall sequenc:e the work in such a manner as to allow the installation of markings in the final lane configuration at the earliest possible stage. Inappropriate or conflicting existing pavement markings shall be removed. When shifting of traffic necessitates removal of centerline,lane lines, or edge lines, all such lines shall be removed prior to, during, or immediately after any change so as to present the least interference with traffic. . Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the project for immediate use. If marking removal equipment failures occur, the equipment shall be repaired or replaced (including leasing equipment if necessary), so. that the removal can be accomplished without delay. Except for the final surface, markings on,asphaltic concrete may be obliterated by an overlay course, when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid. for only once and further traffic shifts in the same area. shall be accomplished with removable markings. Only the minimum asphaltic concrete thickness required to coverlines (generally 60 IbJsq. yd. of Asphaltic Concrete "H") will be allowed. Excessive build-up will not be permitted. When an overlay for the sole purpose of eliminating conflicting markings is not allowed, the markings no longer applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting pavement markings by overpainting with paint or liquid asphalt is not acceptable. D. Raised pavement markers 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 ofRPMs is required. TC-/CJ 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 . i. On Interstate and limited access highways under construction, excluding projects consisting primarily of asphalt resurfacing items, retTo-reflective raised pavement markers (RPMs) shall be placed and/or maintained on intermediate pavement surfaces opened to traffic as follows: a. SUPPLEMENTING LANE ~S: 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 direc,ted 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. (~equired in all cases.) b. SUPPLEMENTING DOUBLE SOLID LINES: 40 foot centers (one each beside ~ach line) except on lane shifts. (When required in the Plans or Contract.) 20 foot centers on .Jane shifts. (Required in all cases.) RPMs are mt allowed on right edge lines. E. EXCEPTIONS FOR INTERIM MARKI~GS: Some exceptions to the time of placement and pattern of markings are permitted as noted below, however, full pattern pavement markings are required for the completed project. 1. TWO-LANE, TWO-WAY ROADWAYS a. SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes shall be at least four feet long with a maximum gap of 36 feet. On curves greater than six degrees, a two-foot stripe with a maximum gap of 18 feet shall be used. In lane shift areas skip lines will not be allowed.. Solid Lines will be required. Interim skip lines will be permitted for a period not to .exceed 14 calendar days. Interim skip lines must be replaced with markings in full compliance With Section 652 prior to expiration of the 14 calendar day period. . -rc-// I I I I I I I I I I I I I I I I I I I DEPARTMENT OF ~SPORTATION STATE OF GEORGIA Interim raised pavement markers may be substituted for the interim skip (broken) stripes. Ifraised pavement markers are substituted for the four foot interim skip stripe, four markers spaced at equal intervals over a four feet distance will be required. No separate payment will be made if the interim raised:pavement markers are substituted for interim skip lines. 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 marklllgs. . b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three calendar days where skip centerlines are in place, no-passing zones may be identified by using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the beginning and at intervals not to exceed 112 mile within each no-passing zone. A post or portable mounted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be placed at the end of each no-passing zone. ;Post mounted signs shall be placed in accordance with the MUTeD. Portable signs muSt have a minimum vertical height of three feet above the paveDlent surface to the bottom of the sign and be secured in such a manner as to not be easily blown over or misaligne'd. c. EDGELINES: (1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate SUIfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that are in use for a period oflessthan 60 calendar days except at bridge approaches, on lane transitiO:lS, lane shifts, and in such other areas as determined by the Engineer. On the final surface, edgelines must beplaced within 30 calendar days of the time that the final surface was placed. (2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that are in use for a period of less 'than 30 calendar days except at bridge approaches, on lane 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) FOUR FEET OR LESS a. VNDMDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE) (1) CenterIines and No-Passing Barrier - Full pattern centerlines and no-passing barriers shall be restored before nightfall. . TC-/& I I I I I I I' I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA .. (2) Lanelines - Interim skip (broken) stripe as described 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 intermediate and final surfaces within three calendar days of obliteration. b. DMDED HIGHWAYS (GRASS OR RAISED MEDIAN) (1) Lanelines - Full pattern skip stripe shall be restored before nightfall. (2) CenterlineJEdgeline - Solid lines shall be placed on inte~ediate and final surfaces within three calendar days of obliteration. c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.l.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 i.D. (b) below. b. EDGELINES- . (1) Asphaltic Concrete Pavem~nt - Edgelines shall be placed on intermediate and final surfaces prior to opening to traffic. (2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to traffic no later than one 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 necessazy, 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 N~Passing Zones shall be clearly identified as to location prior to construction 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 lead vehicle is required for two-way traffic conditions and shall have an approved sequential or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicle is not required for low volume off-system routes and one-way traffic applications. 2. The work vehicle applying markings ~hall have a sequential or flashing arrow panel mounted on the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel shall .be mounted so as to be easily visible to oncoming traffic. The work vehicle shall follow directly behind the lead vehicle. 3. The work vehicle placing cones snall follow directly behind the w~rk vehicle applying the markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the rear. ./ V-/3 I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 4. For multi.lane roadways a protection vehicle shall follow the above vehicles and the protection. vehicle shall also display a prominent sign With the legend PASS ON LEFT (RIGHT). On interstate and limited access roadways, the protection vehicle shall be equipped with a truck mounted attenuator (TMA) that is certified for impacts not less than 45 mph in accordance with NCHRP 230. 5. .All vehicles shall be equipped with tpe official slow moving vehicle symbol sign and left and right- side rear Inounted flashing yellow:lights. 150.05 CHANNELIZATION A. GENERAL: Channelization should cle3;1'ly delineate the travel way through the work zone and alert drivers and pedestrians to conditions created by work activities in or near the travelway. Channelization shall be done in accordance with the plans and specifications, the MUTCD, and the following requirements. 1. Types of Devices Permitted for Channelization in Construction Work Zones: a... DRUMS: (1) DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be reflectorized as required in Subsection l50.0l.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 mininlum 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 l~ted to two mile, unless otherwise approved or directed by the Engineer. Dru..IIl!: 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 situations. Drums with steady burning lights, for the length of the taper only, are required 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 150-E.. -r~-/?- I I I I I I I I I I I I I I I I o I I DEPARTh$NT OF TRANSPORTATION STATE OF GEORGIA (2) 100 FOOT SPACING MAXIMUM: (a) For difference in elevation of two inches or less. (b) Flush areas where equipment or workers are within ten feet of the travel lane. , (3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane. (a) For paved areas eight feet or greater in width that are paved flush with a standard width travel lane. . (b) For disturbed shoulder areas not completed to typical section that are flush to the travel lane ~d considered a usable shoulder. . When the appropriate signs are posted advising of conditions such as soft or low shoulder, drums m3y be removed after shoulders are completed to typical section and grassed and after guardrail or other safety devices have been installed. b. VERTICAL PANELS: (1) DESIGN: All vertical panels shall have a minimum of270 square inches ofretro-reflective area facing the traffic and shall meet the requirements of the MUTCD. (2) APPLICATION: Lane encroachment by the drum on the travelway should permit a remaining lane width often feet. When encroachment reduces the travel way 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 pemutted. 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 land 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 lS0.0l.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 MUTeD. (2) APPLICATION: (a) Type A low-intensity flashing lights shall be used as shown in the Plans, the Standards, and as directed by the Engineer. Flashing lights are not required for advance warning signs in Subsection 150.03.H. . -rC-/5 I I I I I I I' I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA , (b) Type C Steady-Burn lights shall be used on all tapers when the condition e%istI 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" diameter center-mou.nted sealed prismatic reflex reflectors housed in an aluminum backing with a single gI'Ommeted hole. Approach end of Portable Barrier shall be flared or protected by an impact attenuator (crash cushion) or other approv~d treat.n1ent 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 ta be separated by less than 40 ft., precast concrete barrier shall be used as a separator. B. TEMPORARY SAND LOADED ATTENUATOR MODULES 1.. DESCRIPl'ION: This work consists of the furnishing, installation, maintenance, relocation, reuse as required, and removal of Temporary Sand Loaded Attenuatar Modules for traffic impact attenuatars. 2. MATERIALS: Materials used in the Attenuatar 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 Glaiss shaped Inner Containers. 3. CONSTRUCTION: Temporary Sand Loaded Attenuator Module installation shall conform to the requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locations designated by the Engineer. C. PORTABLE IMPACT ATrENUATORS: 1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation, maintenance, relocation, reuse as required, and removal of Portable Impact Attenuators. 2. MATERIALS: Materials used in 'the Attenuatar shall meet the requirements of Section 650 for Type A Portable Impact Attenuators. . . 3. CONSTRUCTION: Portable ImpactAttenuator installation shall conform to the requirements of Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be mstalled. at locations designated by the Engineer, andlor shown. on the plans. D. TEMPORAR.Y GUARDRAIL ANCHO~GE - Type 11: 1. DESCRIPrION: This work consists of the furnishing, installation, maintenance and removal of Temporary Guardrail Anchorage -Type 11 used for Portable Barrier or temporary guardrail end treatment. TC-/~ I I I I I I I I I I I I I I I I D 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 the transition and connection to Temporary Concrete Barrier as required by the details in Georgia Standard 4960. 150.06 EXCAVATION ADJACENT TO A TRAVEL LANE~ Construction work involving. trenching adjacent to a travel way shall not begin until the .Contractor is able to continuously place the required typical section to within two inches of the existing pavement elevation, or heal the remaining difference in elevation to the traveled way as shown in: Detail ISO-E. Channelization devices and placement during the construction period shall conform to the requirements of Subsection 150:05 and Details 150-B, 1:50-C, 150-D, and 150-E shown hereui. In addition to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT) (RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream of the point where channelization devices,are erected on the paving edge. A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-offs in elevation of more-than two inches between surfaces carrying, or acljacent to, traffic will not be allowed for more than 24 hours. However, where the Contractor has demonstrated the ability to continuously excavate and backfill in a proficient manner, a single length of excavated area not to exceed 1000 feet may be left open as a start up area for periods not to exceed 48 hours. B. ASPHALT BASES/BINDERS: Drop-<?ffs in elevation of more than two inches between surfaces carrying or ad,iacent to traffic will not be allowed for more than 48 hours. C. PORTLAND CEMENT CONCRETE;AND CEMENT STABILIZED BASES: Construction work acljacent to the traveled way which involves these types of bases shall be healed within 48 hours after the curing period is complete for each section placed. During the placement period, traffic control devices will be in accordance with Subsection 150.05 and Detail 150-B. D. MISCELLANEOUS EXCAVATIONS O~ DROP-OFFS ADJACENT TO TRA VELWAY: Work such as drainage stru(:tures, utility facilities, or any other work which results in a drop-off adjacent to the travelway shaD be performed expeditiously so as to minimize the exposure to the hazard. A3 soon as practical, the excavation shall be backfilled to the minimum requirements of Detail 150-E. In no case will the drop-offbe allowed to exist moretban five calendar days. This may require stage construction, such as plating and backfilling the incomplete work. -rc- /7 .1 I I I I I I I I I I I I I I I I I. I DEPARTMENT OF TRANSPORTATION. STATE OF GEORGIA . ,"" ", ':,'" ".:. ~ "'. . ~.; ':~ '. ," . . "'" , ...... " NOTE. Drums ....O,Jr...ed fa... thr. locotlon,spac.d at SO F'T. tnte...vals. If th6 trov.led way wrdth ' Is ....duced to less tnan 10 feet by tne use of d...ums. vertical panels shall be used I In /I.u 0 f d"'umS. Locotlon of d...ums when drop-off 6xc.eds At tnches. ----------~ . . ---------~--- -( it NEW CONSTRUCTION. + TRAVEL LANE ~ DROP-OFF' GREA TER THAN 4 INCHES DETAIL 150-B O...ums spaced at SO fe.,t Int....vals. LocatIon of drums when d...op-off Is 2+ Inches to ~ Inches. ~1:'~~______~_ . ---------~-~ ~ NEW CONSTRUCTION + TRAVEL LANE ~ DROP-OFF OF 2+ INCHES T6 4 ~CHES : DET AIL 150-C -rc-/? I I I I I I I I I .1 I I I I I I I U I . . e..: .. ..:'." -/""t ....~:. ',". /'" :':.:..:.: :~..., ...., . DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA r______ Drums spaced at . 100 feet Intervals. < t NEW CONSTRUCTION Compacted ~raded aQ~re~ate.subbas8 materIal or- dTrt. NO STEEPER THAN 4:1 ..c:: LocatIon of dr~s when drop-off Is 2 Inches or less. ~f':'':~______\ -----------\ + TRAVEL LANE ~ DROP-OFF OF 2 INCHES OR LESS DETAIL 150-0 LocatIon of dr-ums ImmedIately after completIon of healed sectIon. spaced at 50 ft. Inter-vols. TOP OF DRUM TO BE LEVEL 2 ft. +/- ----------~. --------.---\ -1r-NEW CONSTRUCTION. + HEALED SECTION DEi AIL ISO-E TRAVEL LANE 1r--+ TC- /f .1 I I I I I I I I I I I I I I I .1 I I DEPAR'FMENT OF TRANSPORTATION . STATE OF GEORGIA 150.07 FLAGGING AND PILOT CARS: A Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions, and as required by the Engineer. B. All flaggers shall meet the requirements of the MUTCD and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provide certified flaggers as required above shall be reason for the Engineer suspending work involving the flaggens) until the Contractor provides the certified flagger(s). . C. Flaggers 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 24 inches square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes: on front and back. D. Pilot vehicles shall be prOvided if speCified in the Plans or Specifications and meet the requirements of the MUTeD. E. Signs for flagger traffic control shall b~ 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 complywith 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 tr~c control. -rc-~o 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 SCHEDULE OF DEDUCTIONS FOR EACH CAlENDAR DAY OF DEFICIENCIES OF TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE . ORIGINAL TOTAL CONTRACT AMOUNT From More Than To and Includin2' Daily Ch~e $0 $100,000 $100 100,000 , 1,000,000 250 1,000,000 5,000,600 500 5,000,000 20,000,000 750 20,000,000 40,000,000 1,000 40,000,000 - 1,500 150.09 MEASUREMENT: A. TRAFFIC CONTROL: When listed asa 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 Gess previous payments), not to exceed one hundred (100) percent and subject to normal retainage. When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of complying wit.h t.hese 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 ot.her regulatory, warning, and guide signs, as required by the Contract, will be paid for under Traffic Control Lump Sum or included in the overall bid submitted. 1. Interim ground mounted or interim overhead special guide signs will be measured for payment by the square foot. This payment shall be full compensation for furnishing the signs, including supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting, and final removal from t.he Project. Payment will be made only one time regardless of the number of moves required. 2. Remove and reset existing special guide sigDs, ground mount or overhead, complete, in place, will be measured for payment per each. Payment will be made only one time r.egardless of the number of moves required. 3. Modify special guide signs, ground mount or overhead, will be measured for payment by the square foot. The area measured shall include only that portion oft.he sign modified. Payment shall include materials, removal from posts or supports when necessary, and remounting as required. -rc-c/ . .1 I I I I I I. I I I I I I I I H n I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA C. PRECAST MEDIAN BARRIER: Prec3st Median Barrier will be measured as specified in Section 622. D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured as specified in Section 632. E. TEMPORARY GUARDRAIL ANCHORAGE, Type 11: Temporary Guardrail Anchorage - Type 11 will be measured by each assembly, complete in place and accepted according to the details shown in the plans, which shall also include the additional guardrail and appurtenances necessary for transition and connection to Temporary Concrete Barrier. Payment shall include all necessary materials, equipment, labor, site preparation, D1ai.ntenance and removal. F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation _ Temporary will be measured as specified in Section 647,. G. FLASHING BEACON ASSEMBLY: :Flashing Beacon Assemblies will be measured as specified in Section 647. H. TEMPORARY, SAND LOADED A'ITENUATOR MODULES: Each Sand Loaded Attenuator Module of the type specified includes all material components, hardware, incidentals, labor, site preparation. and maintenance. Each module will be measured for payment by the drum only once regardless of the number oflocations installed. Modules to replace those damaged or destroyed by traffic impact will also be measured by the unit for payment. Upon completion of the project, the modules shall be removed and retained by the Contractor. 1. PORTABLE IMPACT ATI'ENUATORS: Each Portable Impact Attenuatorwill be measured by the unit which shall include all material components, hardware, incidentals, labor, site preparation, and maintenance, including spare parts recommended by the manufacture for repairing minor accident damage. Each unit will be measured only once regardless of the number oflocations installed, moves required, or number of repairs necessclry because of traffic damage. Upon completion of the project, the units shall be removed and retain!!d by the Contractor. J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150. 150.10 PAYMENT: When shown in the Schedule ofItems in the Proposal, the following items will be paid for separately. Item No. 150. Traffic Control. . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sum Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile Item No. 150. Traffic Control, Skip Traffic Stripe~ Inch, (Color) .............. per Linear Mile Item No. 150. Traffic Control, Solid Traffic Stripe, Thermoplastic Inch, (Color) ... ..:... . .. . . . . . . . .. .. . . .. . per Linear Mile Item No. 150. Traffic Control, Skip Traffic Stripe, Thermoplastic Inch, (Color) ........................... per Linear Mile Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors ................. per Each Item No. 150. Traffic Control; Raised Pave:ment Markers - All Types. . . . . . . . . . . . . . . . . .. per Each Item No. 150. Interim Ground Mounted Special Guide Signs.......... ...... ~... per Square Foot Item No. 150. Interim OverheadSpeoal Guide Signs . . . . . . . . . . . . . . . . . . . . . . . . . . per Square Foot 7&ZZ I I Item No. 150. I Item No. 150. I Item No. 150. Item No. 150. I Item.No. 150. Item No. 150. I Item No. 150. Item No. 150. I Item No. 622. I Item No. 632. Item No. 641 I Item No. 647. Item No. 647. I Item No. 647. I I I I I I I I I DEPARTMENT OF TRANSPORTATION 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, Tempofary 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 ~ecast Concrete Median Barrier .. . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . per Lin~ar Foot Changeable Message Sign, Portable .. .... . , . . . . , .. . ... . . . . . . . . . . . . .. .. per Each Temporaxy Guardrail Anchorage, Type 11 ,............................ per Each Traffic Signal Installation, Temp ...................................: Lump Sum F1ashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . , . . . .. per Each Flashing Beacon Assembly, Cable Supported .. ~ . . . . . . . . . . . . . . . . . . . . . . .. per Each -rC-Z3 I I I I I I I I I I I I I I I I I I D: Revision: Ma)'l, 1994 STATE OF GEORGIA D'EPARTMENT OF TRANSPROTATION SPECIAL PROVISION SEen ON 107 -LEGAL REGULATIONS AND RESPONSmILITY TO nIEPUBLIC DELETE SUB-SECTION 107.23 AS 'WRITTEN AND SUBSTITUTE THE FOLLOlVING: 107.23 ENVIROm1ENT AL CONSIDERA nONS: 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 use 1344). . . After July 1, 1991, State funded projects must comply with the requirements of Chapter 16 of Title 12 of the Official Code of Qeorgia Annotated, the Georgia Environmental Policy Act (GEP A), of 1991. In compliance with GEP A, those projects for which Federal funding is sought, and NEP A compliance is accomplished, are exempt from the requirements of GEP A. GEPA requires that environmental documentation be accomplished for County or City projects if more than 50 percent of the total project cost is funded by a grant of a State Agency or a grant of more than $250,000.00 is made by the State Agency to the municipality or County. The "responsible official of the government agency shall detelmine 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 ENVmONMENT: ."," Non-land disturbing activities and minor land disturbing activities which would not be anticip.ated to significantly adversely affect the quality of the environment include the foU?wmg list These types of projects funded with state money would not be subject to enVlI'onmental assessment of any kind. Hearing procedures outline in GEP A would not be applicable. . 1. Minor roadway and non-historic bridge projects. a. Modemizati~n o~ an ex!sting highway by resurfacing, restoration, rehabilitation, ad~ing s~ou~ders, '7'ldemng a smgle lane or less in each direction and tbe addition of a medIan wIthm prevIously disturbed existing right-of-way. \. 1 cc-/ I I I I I I I I I. I: I:: I I I: I I I I I b. Adding auxiliary lanes for 10calize~ purpos.es (we~v~ng, cU~bing, s.peed chan~es.' etc:" and correcting substandard curves and mtersectIons wl11un prevIously disturbed eX1St1Dg Itght. of-way. c. Non..historic bridge replacement projects in existing alignment with no detour bridg.e. 2~ Lighting, signing, paveme~t ~arking,.signaliiation, freeway surveillance and control systems, and railroad protective devlces. . S. 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. S. Consuuction of bus shelters and.~ays within existing right-or-way. 6. Temporary replacement of a highway facility which is commenced immediately after the occurrence of a natural disaster or catastrophic failure to restore the highway for the health, welfare, and safety of the public. B, THE FOLLOWING PROJECTS MAY NOT SIGNlFICANTLY ADVERSELY AFFECT THE QUALITY OF THE ENVlRONMENT: 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 studies 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 "OEP 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 s~gnificant adverse impacts to historic or archaeological resources, no involvement with Federally listed threatened and endangered species and no significant adverse impact to wetlands. ' 2. ~assing lane~, m~dian add'itionsand widening projects, where there are no significant advers~ lmpacts to hlStonc or archaeological resources, no involvement with Federally listed threatened and endangered spec~es and no significant adverse impact to wetlands. 3. S~et~ and intersection improvements where there are no significant adverse impacts to hIstone or archa:ological resources, no involvement with Federally listed threatened and endangered specIes and no significant adverse impact to wetlands. 4. R~st area projects and truck weigh stations with no p~rchase of additional right-of-way. 2 CC-Z- ..,~ I I I I I I I I If ! :.; .! I.: I I I I I I I I. I S. New location projects wh~re .tl1ere are no Si~thifiFlcand t aladlveli~e impacts to historic or . archaeological resources, no mvolvement WI e er y sted threatened and endangere( species and no significant adverse impact to wetlands. If studies demonstrate that the project will not significantly adversely affect the quality of environment, project flies will be documented. If studies demonstrate that the project ma: significantly adversel~ affect tl1e qu~ty of the environment, d~velopment of an . . environmental effects report (EER) w1l1 be undertaken along WIth full GEP A.compliance. c. THE FOLLOwmG PROJECTS MAY SIGNlFIC~Y ADVERSELY AFFECT THE QUALITY OF nm ENYIR~MENT: . .. This category of project may include major widening and new location projects. If su projects result in a significant.adverse effect, an EER shall be prepared. D, EER PROCEDURE: GEP A calls for consideration of the IIcumulative effect of the proposed governmen~ actions on the environment.,....if a series of proposed government actions are related either geographicaily or as logical parts in a chain of contemplated actions". Therefort EER I S for sections of roadways to be widened or built as new location facilities wiII include all projectS which are connected geographically or as logical parts in a chain oj contemplated actions. 1. During preparation of art environmental effect report, the County or Municipality will constl with and solicit comments from agencies. which have jurisdiction by law, special expertise, ( other interest with respe~t t~ environmental impacts. 2. In ,compliance with GEPA the following shall be contained in the EER, at a minimum: a. . Cover sheet: b. Executive summary; c. Alternatives, including the no-build; . . d. Relevant environmental setting; Geology, soils, water supply and wetlands, floral fauna, archaeologylhistory, econon:ic environment, energy; cultural resources; e. The environmental impact of tl1e proposed action of the relevant setting and ~itigatlon measu~ proposed to avoid or minimize adverse impact; f. Unavoidable adverse environmental effects; g. Value of ~hort-term uses of the environment and maintenance and enhancement of its long-tenn valuei h. Beneficial aspects, :both long term and short leon and its economic advantages and disadvantages; . 3 CC-.3 If:- "'~"';-"?~~';:':r~~:-~,;~,~;-~~'~'~';~" ~.~ I I I I I I ' I I I I I I: I':. I., I I I I I, i. Comments of agencies which havejurlsdiction by law, special expertise,?r other interest with respect to. any environmental impact or resource; , 3. At least 45 days prior to making a decision,as to :vhether to proceed with the under:mng, publish in the "legal organ oreach County In whIch the proposed governmental action or any part thereof is to occur, notice that an environmental effects report has been prepared", 4. The County or Municipality shall send a copy of the EER and all oth.;r comments to the Director, EPD. S. The County or m~icipality shall make the document available to the public ~d.agen9i~. , upon request. 6. A public hearing will be held in each affected county if at least 1 QO residents of the State of Georgia request one within 30day's 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 prepared, to proceed with chan~es, 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 ENVIRON11ENT AND LOCATION and the DEPARTMENT OF NATURAL RESOURCES, ENVIRONMENTAL PROTECTION DIVISION for their files, . DEPARTMENT OF TRANSPORTATION OFFICE OF ENVIRONMENT AND LOCATION 3993 AVIATION CIRCLE . ATLANTA, GEORGIA 30336 DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION -205 BUTLER STREET, SE SUITE 1152 . ATLANTA, GEORGIA 30334 Any l~itigation measures identified in the EER will be incorporated into the final project plans" ' Office 01 State Aid 4 cc-q.. '-- I I I I , I I I I ., I .l j I J :J .1 , I .j "f I I I I I I: I I I: ,L .2/29/00 DEP ARTMENT OF TRANSPORT AnON STATE OF GEORGIA SPECIAL PROVISION SECTION 107. LEGAL REGULATIONS AND RESPONSIDILITY TO TIm PUBLIC 107.23 ENVIRONMENTAL CONSIDERATIONS: A.dd the roJIowlng: E. Temporary Work in \Vetlands ' Temporary work in wetlands in order to facilitate construction will be subject to the following requirements: 1. Temporary work in wetlands shall be accomplished by using temporary structures, timber, concrete, soil with geotextile fabric, or other suitable matting. 2. Soil matting shall be protected [rom erosion in accordance with the Specifications. 3. \Vhenever temporary work is required in Saltwater Marsh \Vetlands, all temporary structures and/or matting shall be removed in their entirety prior to Final Acceptance of the Project. Matted and c'ompressed soils shall be backfilled to. their original ground elevation with material meeting the requ,irements of Section 212 - Granular Embankment. 4. \Vhenever temporary work :is required in Freshwater \Vetlands, all temporary structures andlor matting (exclusive of soil matting to be retained in the final roadway section) shall be removed in their entiretY: prior to Final Acceptance of the Project. Once the temporary materials have been removed, the area shall be covered by Excelsior ., or Straw blankets in accordance with Section 713 of the Specifications. The grassing and ground preparation referenced. in Sub-Section 7l3.03.A will not be applicable to this Work. ' . s. The. Contractor shall notify the Engineer so that a field inspection may be conducted to certify that the temporary materials were properly removed and that the area was properly restored. The Contractor shall be responsible for any corrective action required to complet~ this Work. . 6. T?ere:vill be no separate measurement or payment for this Work. The cost associated Wlth tlus Work shall be included in the overall Bid submitted. Office of Contract Administration cc-s ~~~~~~~~-~ I I I I I I I I I I I I I I: I I I I.: December 10, 1999 DEPARTMENT OF TRANSPORTAION STATE OF GEORGIA , SPECIAL PROVISION I . SECTION-107 LEGAL REGULAl'rONS AND RESPONSIBILITY TO THE PUBLIC , '.. D~Iete Sub-Sectioll J 07, J 5 and Substitute tlzefollowing: I 107.15 RESPONSIBILITY FOR nA1v!AGE CLAIMS: The Contractor shall indemnify and savc harmless the Department, its officers and employees, from aU suits, actions, or claims of any character brought because of any. injuries or damage received or sustained by any person, persons, or property on account of'the operations of the said Contractor; or on account of Ot in consequence of any neglect in safe-guarding The Work; or through use of unacceptable materials in constructing The Work; or because of any act of omission, neglect .or misconduct of said Contractor; or because of any clai~s or amounts recovered from any infringements of patent, trademark, or copyright; or from: any claims or amounts arising or recovered under thc C'\Vorkmen's Compensation Act," or any other law, ordinaIJce, order, or decree; and so much of the money due the said Contractor: under and by virtue of his Contract as may be considered necessary by the Department for such purpose may be withheld for the use of the State; or, in case no money is due, his surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Department; except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insur:ance. Contract Administration cc-t;:, liiiL :":";';lb~ >~ <.,15".,............._ I: . I I I I I I I I I I; I;. I' I' I- I: I B. I l ~ -- tWo iiiJAJ~NUhII'u.__IDI"___.._,_~=___.,,_......--~ ==~~~_ .::.~,;;:~-~ . ':' DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 108 - PROSECUTION AND PROGRESS Revised: April 18, 1995 For this Projectthe Progress Schedule, required by Subsection 108.03, need not be submitted. ..6 .. C C-1 I I I I I I I I I I :1 'I ~ J I II I Ii If 11 .1. Ii .1 J DEPARTMENT OF TRANSPORTAION STATE OF GEORGIA SPECIAL PROVISION SECTION-108 ~~OSECUTION AND PROGRESS Delete Stlb-Sectionl08.08.A.l and Substitute the/ollowing: December 10, 1999 1. DEDUCTION FROM pARTIAL PAYMENTS: Liquidated damages, as they .accrue, will be deducted from periodic partial payments arid, if necessary, from, the Final Payment: . .. .. Contract Administration CC-8 - .~--~' - I I I I I I I I I I I ,. I I I I I. I. I:: II .1 _-..:>0 .-. 1 .......,,"'~~L":;'~.... DEPARTMENT OF TRANSPORTATION . STATEOFGEORL\ SUPPLEMENTAL SPECIFICATION 0";';.,_, :.:\!-}~i'~f ~t.~___ !iiI August 1, 1995 SECTION l09;...l\fEASUREMENT & PAYMENT (CITYICOUNTY CONTRACTS) 109.07 PARTIAL PAYMENTS: Retnln as written except as follows: I A GENERAL: Delete "At the end of e:1ch c:1lendar rnonLh"-----and substitute "On the 101.\ day of each c:J.lendar monLh----"" Office of State AId CC-9 -"'-".~;f'.iL..,,~~G'.~~A I I I I I I I I I~ :! . :{ i ; IJ ,1 , Ii ~ ~ I' I I Ii I I U I ~i':z.~'/~'.L:>-"':: DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA S:PECIAL PROVISION SECTION -109 MEASUREMENT AND PAYMENT December 10, 1999 Delete the second paragraph of Sub-Section 109.03 which begins with "The payment of any partial estimate"..............and Substitute the fallowing: The payment of any partial estimate prior to final acceptance of the Project as provided in Sub- Section 1 05.16 shall in no way affect the obligation of the Contractor, to repair, or renew any defective parts of the construction or to be responsible for all damages due to such defects. Delete the second paragraph of Sub-Section 109.07.A which begins with "When so requested...." and substitute the following: When so requested by the Contractor' and approved by the Engineer, Gross Earnings of $150,000 or more for work completed within the first fifteen (15) days of any month will be certified for payment on a semi-monthly basis, subject to the conditions and provisions of Sub-Section 109.07.A.7. Delete Sub-Section 109.07.A.B.. and Substitute the following: 8. MINIMUM PAYMENT No partial payment will be made unless the amount of payment is at least $1000.00. Delete Sub-Section 109.07.C. and Substitute the following: C. INTEREST: Under no circumstances will any interest accrue or be payable on ar)y sums withheld or deducted by.the Department as authorized by Sub-Section 109.07 .A. Delete Sub-Section 109.07.0. and Substitute the following: D. The Contractor shall insert the following in each Subcontract entered into for work under this Contract: liThe Contractor shall not withhold any retainage on Subcontractors. The Contractor shall pay the Subcontractor 100% percent of the gross value of the Complet~d Work by the Subcontractor as indicated by the current estimate certified by the Engineer for payment." Neither the inclusion of this Specification in. the Contract between the Department and the Prime Contractor nor the inclusion of the provisions of this Specification in any Contract between the Prime Contractor and any of his Subcontractors nor any other Specification or Provision in the Contract between the Department and the Prime Contractor shall create, or be deemed to create, any relationship, contractual or otherwise, between the Department and any Subcontractor. . Delete Sub-Section 109.0B.A. SEMIFINAL PA YMENTS CC-/IJ I I I I I I. ., .1 .~ I" ;\ ., :; 1;1 .' ~ j II i .j i i If d ,1 I~ .1 I I I I, Ii ,i I; ., ~ 11 . .. .. . DEPARTMENT OF TRANSPORTATION , STATE OF GEORGIA May 21, 1998 SPECIAL PROVISION SECTION 152 - FIELD LABORATORY BUILDING 152.03 Plant Laboratory Buildings: Delete Items 3, 4, and 5 and substitute the following: ITEM 3: 1 Each - Computer, IBM or IBM Compatible 540 Megabyte Hard Disk Drive (Minimum) 3 1/2 inch High Density Floppy Disk Drive CD-ROM Drive (4X Minimum) Windows 95 Operating System Mouse - Modem 9600 Baud (Minimum) 1 Parallel ~d 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 - Prii1ter (Desk Jet HP Letter quality printer) ... Materials and Research cc-// I I I ;., I .;; I 1 1 I .j .. -, ~ j 1 11 J ! Ii ~ ~ ~ I f I I 1 II .j II ~ Ij I I i Ii. J I i Ii , ; ,~ 11 l I I DSPARTMENT OF TRANSPORTATION STATE OF GEORGIA . SPECIAL PROVISION .i. :.:~:j;:~I;ik0 ,. , .. . , \ \\~.~.~~; . . - ;';~;:.:":7:~~()/;:::~ .. : :.....,.:...'.:.".",::.. -, . :~:';<:::+:~\~'~~~@:~:~.;;~~" FIRST USE 1993 SPECIFICATIONS. JUL Y I, 1993 . Section 161 - Control of Soil Erosion and Sedimentation Retain as written and add the ~ollowing: 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. ... ", .' ." ," cc-/z- I I I I I I I I I I I I I , I I I I g IL 1 ~ .\ ;! :! .~ ~. 1 ! .'! DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA ;:jr~;~~~;.,;. . . . ~ '-:.c.:, ." SUPPLEMENTAL SPECIFICATION SECTION 205 - ROADWAY EXCAVATION Rev. December 10,1999 First Use: January 21. 2000 Delete Sub-Section 205.01 and substitute the following: 205.01 GENERAL: Roadway Excayation shall consist of the exca~ation, hauling and satisfactory placement or disposal of all materials. not otherwise to be removed under another Contract Item, from within the limits of all areas designated in the Contract. This Work shall also include all ditch excavation with the exception of Channel Excavation. All suitable materials excavated from ditches shall be utilizecf in the construction of roadway embankments except where otherWise directed by the Engineer. Material excavated from ditches which is unsuitable for roadway construction shall not be deposited or allowed to remain within three feet of the edge of the ditch. Such material shall not be left in unsightly piles. but shall be'spread in uniform layers neatly leveled and shaped. Adequate openings shall be provided in spoil.qanks to allow surface drainage of adjacent land. When shown on the Plans or required by the Engineer, surface ditches of adequate dimensions shall be cut at the tops of cut slopes, extending to each end of the cuts in order to cany the water from the side hill. Side ditches or gutters emptying from cuts to embankments shall be tumed outward so as to avoid erosion of the embankments. Wherever possible, water from surface ditches shall be.discharged at . terraces or in tail ditches cut along contour lines. Suitable outlets or flumes for roadway ditches shall be provided where necessary in accordance with details on the Plans. Surface ditches. outlets and other such ditches will be paid for as Unclassified Excavation. This'Work shall also include the filling and/or plugging of all abandoned wells (both dug and drilled) located within the Right Of Way and: Construction Easements in accordance with Georgia Standard 9031H. This Work shall also include the removal of paving. aggregates, and ballast, not to be incorporated into the new Work as a result of alignment shifts. grade changes. or other reasons whether shown . on the Plans or not. Salvaging of the removed railroad ballast. aggregate and paving will be required only if so designated on the Plans. All salvaged materials shall become the property of the Department unless the Engineer directs that portions of, or all, such materials be wasted. Any ma~rials not to be salvaged shall be disposed of by the Contractor. All salvaged materials shall be stockpiled on the Project unless other sites for stOCkpiling are shown on the Plans. When excavation operations encounter artifacts of historical or archaeological significance, such operations shall be temporarily discontinued and not resumed until directed by the Engineer. See Sub-Section 107. 13.A. All excavation shall be in conformity with the lines, grades and cross sections shown on the Plans or established by the Engineer. CC-/$ I I I I I I ,j :i .1 I ., !i \ ~ 'J .1 I ,1 I ~ j I I , I~ 'J ~ ~ I~ ., . ., 1 ! ~ ~ I; 1 I. j.. J t :i Il , 1 1 1 OJ 1 ! :~ I :~ j O} I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA All material to be excavated, regardless of its nature or composition, shall be defined as Unclassified Excavation unless otherwise specified in the Plans. All suitable material removed in the excavation shall be used as far as practicable in ,formation of embankments, subgrades and shoulders and at such other places as may be indicated on the Plans or directed by the Engineer. The Engineer will designate materials which are unsuitable. The Contractor shall fumish disposal areas for the unsuitable and surplus materials exc~pt where the Engineer permits the use of such on fill slopes, in abandoned ditches or elsewhere, or unless specific disposal areas are shown on the Plans. The intersection of cut slopes with natural ground surfaces, including the beginning and ending of cut slopes, shall be uniformly rounded as shown on the Plans or as directed by the Engineer. All cut slopes shall be brought to, the grade and cross section shown on the Plans or established by the Engineer and finished to reasonably uniform surfaces acceptable for seeding and mulching operations. When the Plans include a prOVISion for Serrated Slopes, the backslope shall be graded in accordance with the Construction Detail. The template line or the final staked cross section slope line will be the pay line. There will be no additional measurement or payment for constructing Serrated Slopes. The first serration (step) is to be started-as designated on the Construction Detail, and should be level instead of paralleling the roadway grade. The tilt control blade dozier shall cut steps in altemate directions as alternating steps are constructed. . . When the Plans do not provide for -serrated slopes, the front and back slopes shall be left in a roughened condition to provide a seed bed for temporary or permanent grassing operations. All slides and overbreaks which occurprior to final acceptance of the Project due to natural causes shall be removed and disposed of by the Contractor as directed by the Engineer. Where slides or overbreaks occur due to negligence on the part of the Contractor, the Contractor shall remove and dispose of the material at no ad,ditional cost to the Department. . A percentage of the estimated quantity of earthwork, not to exceed 5% at the discretion of the Engineer, is to be withheld from progress payments until final dressing, subgrade construction and the satisfactory disposal of unsuitable or surplus materials is completed. This percentage withheld shall be in addition to that specified in Sub-Section 109.07. Delete Subsection 205.02 and replace with the following: 205.02 EROSION AND SILTATION CONTROL: The Contractor shall take whatever measures necessary throughout the life of the project to control erosion, and to prevent silting of rivers, streams an.d impoundments. Construction of drainage facilities as well as performance of all other Construction Work which will contribute to the control of erosion and siltation shall be carried out in conjunction with earthwork operations as required by Section 161. Delete Sub-Section 205.10 and substitute the following: 205.10 MEASUREMENT: A. Original ground surface measurements will be taken by conventional methods, photogrammetric means, or other methods. cc-/f I I I I I I I I I I I I I I I I I I I :, ') .,~.,"~ , ~ .r ~ .~ , .~ :~ ~ j ~ I fi ~ " ~ ) l ~. l ! t ~ J lIS I , :. . .'.. ". f:: .... . DEP ARTl\1ENT OF TRANSPORTATION STATE OF GEORGIA The Engineerwill determine the method(s) and time at which the measurements are to be taken for each Project. B. The volume of Roadway Excavation-Unclassified. authorized and accepted by the Engineer. will be computed by the method of average end areas. or other acceptable means. using the original ground surface. the final ground surface. typical cross section. or approved templates. The final ground surface will be obtained. from conventional field measurements. as-built templates. photogrammetric means or other methods. . The Engineer will determine the method(s) to be used on each Project. The measurement will include overbreakage and slides in roadway excavation unless they are caused by the negligence of the Contractor. It will include the authorized excavation of rock or unsuitable material below template grade. The measurement will also include any material re-excavated from stockpiles and used in the construction as directed by the Engineer as well as surcharge removal. In 110 case will excavation outside of staked lines and slopes be measured for payment unless ordered or approved by the Engineer. Ditch excavation will be measured as specified in Sub-Section 205.1 O.A. For retaining wall construction measurement will be to the back and the bottom of the select material backfill or footing'as determined by the Engineer. Any exception outside these lines by the Grading Contractor necessary to provide stable slopes and positive drainage will not be measured. but shall be considered incidental to the Work. Filling or plugging abandoned wells will not be measured for payment but all costs shall be included in the price bid: for Roadway Excavation when Item 205 is shown as a pay item. . Otherwise all costs shall be included in the overall contract bid price. The removal of paving. aggregates and ballasts shall be measured and included in the computations for roadway. excavation when Section 205 is shown as a pay item unless those items are shown in the plans as a separate pay item. Cc../s .........,.......-. . '--"'-'~ . ...;.,...... ....,.'..,. .- DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA October 18, 2000 SPECIAL PROVISION (For: "Off-System" Contracts Only) SECTION 400 - HOT :MIX ASPHALTIC CONCRETE CONSTRUCTION 400.02 MATERIALS: Delete Items H. and J. and substitute the following: " J ~ Ii " n r. ~ H. Bituminous Tack Coat: , Asphalt Cement Grade PG 58-22, PG 64-22, PG 67-22 820.01 400.03.C.3: Delete the fourth paragraph of this Subsection and substitute the following: ~ '. j ~ ,j ~ { l The controls shall be capable of working in conjunction with a taut string or wire set to grade or a ski-type device or mobile reference at 3:0 feet in length when using a conventional ski. An approved non- contacting laser type ski with at least four referencing mobile stations at a minimum length of 24 feet may . be used in lieu of the conventional 30-foot ski. Under limited conditions, a short ski or shoe can be substituted for a long ski on the second paver operating in tandem, or when the reference plane is a newly placed adj acent lane. . 400.05.C.4: LEVELING COURSE: Delete second paragraph and substitute the following: Mixtures for leveling courses shall meetthe requirements of the approved Job Mix Formula as defmed 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 400.0S.C.4.a.: PATCIDNG AND LEVELING: Delete and substitute the following: Thickness Up to 3/4" Rate of Soread ' Up to 85 lbs.ls.y. Tyoe of Mix 4.75 rom Mix, or 9.5 mm Superpave (Level A) 9.5 mm Superpave (Level B, C, or D) 12.5 rom Superpave* 19 mm Superpave* 25 mm Superpave or 37.5 mm Superpave ,,.. 3/4" to 1 1/2" 1 1/2" to 2" 2" to 3" Over 3" 85Ibs.ls.y. to 165Ibs.ls.y. 165 Ibs./s.y. to 220 lbs.ls.y. 220 lbs.ls.y. to 330 lbs./s.y. Over 330 lbs./s.y. ... These mixtures may be used fQr isolated patches no more than 6 inches deep and no more than 4 feet in diameter or length. " C. C-/~ I I I I I I I I i ~ ~ I j ~ ~ ~ I l I Ii I I . ~ I i I I f j II .1 i i II i I I --- 400.0S.D,1. THICKNESS OF LAYERS: Delete and substitute the following: Mix Type 25 mm Superpave 19 mm Superpave 12.5 rnm Superpave 9.5 mm Superpave (Level A) 9.5 mm Superpave (Level B, C, or D) 4.75 rom Mix Minimum Maximum Layer Layer Thickness Thickness 3" 5"* 1 3/4" 3"* 1 3/8" 2 1/2"* 3/4" (80 lb/s.y.) 2" 718" (85 lb/s.y.) 2" 314" (80 lb.ls.y.) 1 1/8" 8" 4" 4" 2" Maximum Total Thickness . ... On trench widening, which is defmed as widening no more than four feet in width, allow up to 6" per lift. The 9.5 rom Superpave and 12.5 mm Superpave may also be placed in lifts up to 4" thick for driveway and side road transitions. 400.05.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 courses 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 or when there is excessive "pickup" or tracking from the tires. 400.05.E. CONTINUITY OF OPERATIONS: Delete and substitute the following: Plant production, transportation, and paving operations shall be so coordinated that a uniform continuity of operation is maintained. If spreading operations are interrupted, the Engineer may require that a transverse joint be constructed any time the mixture immediately behind the paver screed cools to less than 2500 F. 400.05.F.: CONSTRUCTION OF CONTROL STRIPS AND DETERMINATION OF TARGET DENSITY: Delete and substitute the following: Construction of control strips will not be required and 96% of Laboratory Density shall be used to control compaction or if job conditions warrant, the Engineer may establish a maximum practical density. ... For Asphaltic Concrete with a plan spread rate of 125 Ibs.lyds.2 or less, density tests will not be required. These courses shall be compacted as follows: CC-/l I I I I I I H ~ I" i ~ , .~ I~ ~ ~ , !. I~ f II ~ .1 , It 1 ! ~ ., ~. II :1 II i II II ; II i I c. One steel wheel fInishing roller weighing at least 8 tons or vibratory roller operating in static mode. 2. ROLLING OPERATION: ,Rolling shall be started as close behind the spreader as possible' without excessive distortion of the mix and shall be continued until roller marks are no longer visible. A minimum rolling pattern shall consist of 2 coverages with the breakdown roller, 6 coverages with the Pneumatic-Tired roller, and 2 coverages with the steel wheel fInish roller. 400.0S.G.: MIXTURE NOT REQUIRING CONTROL STRIPS: Delete this Subsection. 400.06,A,8. Delete and substitute the fOllOwing: The results of a design study providing the necessary information to conform to the appropriate requirements of Section 828. The Contractor shall be responsible for all 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. 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 rillxture to be used. 400.07. ACCEPTANCE PLANS: Delete all references to pay adjustinents and pay factors. In addition, delete 400.07.A, Gradation and Asphalt Cement Content, and substitute the following: A. CONTRACTOR ACCREDITATION OF MATERIALS SAMPLING AND TESTING OF ASPHALTIC CONCRETE: Asphaltic Concrete Mixture shan be randomly sampled and tested by the Contractor . or Contractor's Representative. In addition, these tests results may be used for Acceptance on a Lot basis. Failure to comply with the requirements listed herein may subject the plant facility to removal from the list of approved Hot Mix Asphaltic Concrete Plants (QPL-4S). 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 50b tons, or its square yard equivalent, it may be incolJlorated 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 CONTROL PROGRAM: This Quality Control Program allows the Department to accept the Contractor's quality control tests as Acceptance Tests for Asphaltic Concrete mixtures. The Contractor's Q~ity Control Program as established in S.O.P. 27, "Quality Assurance for Hot Mix Asphalti~ Concrete Plants in Georgia," shall include, but not be limited to: a. The assignment of all quality:control responsibilities to specifically named individuals who have been duly certified by th~ Office of Materials and Research. b. Provisions for prompt implementation of control and corrective measures. Cc-/B' I I I .1 I I I I I I I I I I I I I I n ::. ".j " r} i ~ " ., . 'I ~ ~ ~ ; ~ ~ ~ I ~ , i . ~ A I i ~ ~ i ~ , I I ~ \ I. c. Provisions for liaison with the Project Manager, Bituminous Construction Engine~.. Testing Management Operations Supervisor at all times. The Contractor shall pro~[d an t least one day's notice prior to beginning production, or prior to resuming productio e ~ operations have been temporarily suspended. n . d. Provisions for reporting daily through Office of Materials and Research computer Bulletin Board Service (BBS) th~ test results for extractions, lime checks, and stripping tests. Other tests, checks, calibrations, etc. will be reported on a fonn developed by the Contractor 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. 2. CERTIFICATION REQUIREMENTS: The Office of Materials and Research will certify the Contractor's Laboratory and testing equipment to assure that the equipment to be used is accurate and meets Departmental testing standards. Laboratories which participate in and maintain AASHTO Accreditation for testing Asphaltic Concrete Mixtures .will be acceptable for certification by the Department provided other contract requirements are met. The designated Quality Control personnel must be certified by the Office of Materials and . Research prior to commencement of work. There are two certification Levels for Quality . Control Technicians. To become a certified Level 1- Quality Control Technician CQCT), such persons must be able to demonstrate that they are competent in .performing the process control and acceptance tests and procedures related to Hot Mix Asphaltic Concrete production. The Level 2-QCT shall, in addition to Level 1 requirements, be capable of and responsible for making process control adjustments. Technician certification shall be valid for a period of 3 years from the dat~ established on the Technician's Certificate unless revoked or suspended. Technicians may become recertified through special training and testing provided by the Office of Materials and Research. The technician may become recertified up to 6 months before the expiration date of the current certification. 3. QUAL.ITY CONTROL MANAGEMENT: The Contractor shall designate at least one ~evel 2-QCT as manager of the quality control operations within the Contractor's organization. .. The Quality Control Manager shall be accountable for actions of other Level 2-QCT and/or Level I-QCT personnel. The Quality Control Manager shall verify that all applicable test procedures and Standard Operating Procedures are adhered to and that all reports, charts, and other documentation are completed as required. Quality Control Managers who do not insure that specification requirements, sampling and testing frequencies and requirements, and Standard Operating Procedures are adhered to may have their certification withdrawn. The Engineer shall be notified in Writing of any change in Quality Control personnel. The Contractor shall have at least one designated QCT person at the plant at all times except when daily total weight for all mix types is to be greater than 250 tons. If daily production for all mix types of the plant is 250 tons or less, the QCT may be responsible for conducting tests at up to two plants, subject to random number selection. In addition, the Contractor is also required to have available, either' at the plant site or within immediate contact by phone or C C-19 f.l. ~: ~ ~. ;.1 ~. . t'., ::.1 I I I I I I I I I :f.;' . jJi .'~ .'.1i :":: ,,1~ I ! .. ~ t ,~ 6 i ; 1 I I I ; --- ! 5 ~ J 1 . '1 .l" ~~ j f - --- --'-<";;'''''''''',",~i!<~~~.@;'i.i:\j:i;.:.,.,:.';".: ~~1~~ '~"'.~'.o..:...;_._._._ _'......_; ,,'. _." radio, a Level 2-QCT person responsible for making prompt Process COntrol a necessary to correct the mix. 4. SAMPLING, TESTING AND INSPECTION REQUIREMENTS: Mixtures sball sampled a<cprding to GDT-73 (Method C) and tested by the QCT on a Lot basis a: frequency of One test per 500 tons. A copy of the computer generated random S! shall be maintained as a part of the project records. The COntractor's QCT shall perfonn all Sampling and Inspection duties in accOI GSP-21. Ail sample containers, extractants, fonns, diaries and other slIppJj, furnished by the contractor and are subject to approval of the Engineer. The Contra shall perfonn' extraction or ignition (GDT-83 Or GDT-125), or digital print-out 1 cement Content, and gradation analysis (GDT -38) of samples of the mixture produce, and sampled in accordance with GSP-15. The extracted aggregate shall be properly labeled, stored in a suitable Container and , a protected environment If these samples are not Procured by the Department wi. working dayS, u,ey may be disCarded. If the ignition OVen is used, a printout of samp J, shall become a part of the project records. The Contractor shall maintain a Process Control Flow chart for each sieve specified or Mix Fonnuia and including the percent asphalt cement Content. Such chart shall ir graph plot of the deviations from the Job Mix FOnnuIa for each test as well allowable range based on the Mixture Control Tolerances specified in Section 828. If Acceptance !est'results are outside Mixture Control Tolerances specified in Section 8 QCT shall immediately noti:tY the Testing Management Operations Supervisor of result Level 2-QCT shall determine if a plant lllijustment is needed and immediately run a F Control sample. If the Process COntrol sample is also out of Mixture Control T oJeranc immediate plant adjUStment shall be required and additiOnal Process Control samples so taken as necessary to assure the corrective action taken Was appropriate to Control the mix If the Contractor's QCT obtains 2 consecutive Acceptance samples out of the Mixture Cc Tolerances specified in Section 828, prOduction shaJJ stop immediately. Mixture alte"" storage which deviates no more than 10% in gradation and no more than 0.7% in !lSJ cement Content from the Job Mix FonnuIa may be transPorted to and placed on the PI'( subject to visual inspection and denSity and smoothness requirements. Any mixture remaiJ in surge bins Or siJosshaJJ be rejected and disposed of at the Contractor's expense if a san representative of the mixture deviates more than 10% in gradation or mOre than 0.70/, asphalt cement Content from the Job Mix FonnuIa. A plant correction shall be made priOI reSuming production. tTpon reslarting ProdUction, nn mixture shall be transPOrted to the proj before test results of a Process Control sample from the mixture indicate that quality Control the mixture has been restored by meeting Mixture Control Tolerances. Any mixture produc at initial reslarting that does not meet Mixture Control tolerances shaJJ be rejected. The QCT shall measure the temperature of the mixture and record the results on the load tick, each time a sample is taken. The respective load ticket shall also be signed by the QCT fa each load from which a sample is taken. CC-Z/; I I I I I I I I ~ I II I I I I I I I I n I II., . II '. . When hydrated lime is to be included in the mixture, calibration of the lime system shall be checked for accuracy a minimuin 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, Aggreg~tes, Hydrated Lime, etc.) invoices shall be ,made available upon request. . 5. CO:MPARATIVE 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 Contractor's Quality Control Program. For clarification, Department samples taken from opposite quarters of material sampled by the Contractor are defined as Comparison- Samples. Other independent samples which are taken by the Department from material produced during the same Lot are defmed as Quality Assurance samples. This Program'is further defined as follows: . , a. Comparison Sampling and Testing: During the quartering process of Hot Mix samples, the opposite quarters from :the test specimen shall be labeled by the QCT and retained for Department comparison testing. In addition, the remaining material removed from the total sample shall be labeled ~d retained for possible Referee testing. These samples shall be stored in a suitable container and secured in a protected environment. If the Contractor's Acceptance Test results are within Mixture Control Tolerances and if the Department does not procure these retained samples within three working days of the represented mix being produced, these samples may be discarded. The Department will test comparison samples on a random basis at a frequency deemed . necessary to assure that ,the Contractor's testing techniques are yielding accurate results. Results of Department tests will be compared to the respective Contractor's Acceptance tests. The maximum tolerance allowed for Comparison Samples as defined above shall be as follows: ... SIEVE SIZE 12.5 mm 9.5 mm 4.75 mm 2.36 mm 75 Jlm A.C. MAXIMUM DIFFERENCE SURFACE SUBSURFACE 4.0% 4.0% 3.5% 3.0% 2.0% 0.5% 3.5% 3.5% 2.5% 2.0% 0.4% r ' CC-ZI ':l ~. I, 11 I.' .. I~ I I I II II I u I D I o I I If Comparison tests are Within these tolerances, production may continue and at the discretion of the Engineer, the Contractor's tests can be used as the acceptance tests for the affected Lot. If test results are not within these tolerances, the corresponding Referee Samples shall be tested by ,another Departmental Technician and compared to the tolerance for Comparison Samples as given above. If test Results of Referee Samples, when compared to the respective QCT's sample, are within these tolerances, the Contractor's tests can be used as Acceptance Tests for the effected Lot. If tests results are not within these tolerances, the Contractor's Quality Control methods shall be reviewed by the Office of Materials and Research and a thorough investigation will be made if deemed necessary. b. Quality Assurance Sampling and Testing: The Department will take samples for the purpose of monitoring the effectiveness.. of the Contractor's Quality Control Program. These samples may be obtained from the same load as QCT samples were taken or other loads at the plant or roadway, or samples obtained immediately behind the spreader an9 prior to compaction. The samples will be tested and analyzed by. th~ Department in accordance with standard procedures. The Department shall randomly take and test a minimum of two Quality Assurance (QA) samples from each five days or five Lots of production regardless of mix type or number of projects to assure that the mixture is being adequately controlled and accurately sampled and tested. ' The maximum tolerance for QA samples as defmed above, when compared to the Job Mix Formula, shall be the Sanle 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 m~y continue but the Department will investigate by taking random samples from throughoufthe Lot in accordance with Subsection 400.07.F. These samples shall be used for Acceptance and the Contractor QCT test results for the respective Lot will not be included in the Lot calculations. Should the Engineer determine that Quality Control requirements are not being met or that unsatisfactory results are. being obtained, prompt corrective action shall be taken by the Contractor. Failure to take prompt corrective action will be cause for the Engineer to discontinue acceptance of the mix. If the Engineer determines that any material is unacceptable to leave in place, the material shall be removed and replaced at the Contractor's expense. Any test results for materials not used in the Work shall not be included in the calculations for Lot Acceptance. If it is determined by the Department that the QCT has not followed procedures specified in GSP-21 or has provided erroneous information, his or her certification may be withdrawn, and the Contractor may ~e subject to punitive or legal action. Technicians who lose their certification due to falsification of test data will not be eligible for re-certification in the future unless approved by the State Materials and Research Engineer. In-place material represented by unaccepta;ble tests will be evaluated by cores in accordance with Subsection 400.07.F. These core samples shall be used for acceptance. c c -Zz, ~I..::..' H, I. I I I I I I I I I I. 6. GRADATION AND ASPHALT CEMENT CONTENT: Quality Acceptance of the mixture will be based upon the mean of the, deviations from the Job Mix Formula for control sieves and asphalt cement content of the specified number of test results per Lot. This mean will be determined by averaging the actual numeric value of the individual deviations from the Job Mix Formula, disregarding whether the deviations are positive or negative amounts. The samples shall be taken randomly in accordance with GDT-73. In the event that the designated random load is not sampled, or less than the specified number of samples are taken, the Contractor shall take at least two representative six inch cores from the roadway (to assure adequate sample size). These cores shall be taken from the area where the appropriate random load was placed, or for each portion of mix that was not sampled, and acceptance will be based on the mean of the deviations from the Job Mix Formula ?fthe total number of tests run. For asphalt cement content only, on ,plants with digital recorders, digital printouts of liquid asphalt cement weights may be substituted in lieu of an extraction test. The asphalt. cement content shall be calculated from the ti.cket representing the mixture tested for gradation. The asphalt cement content calculated from each ticket will be considered a test. The control sieves used in Quality Acceptance for the various types of mix are as indicated below: TABLE 400,07.A MIX TYPE MIXTURE CONTROL 25 nun Superpave, 12.5 nun, 2.36 mm Sieves and Asphalt Cement 19 nun Superpave, 12.5 nun Superpave 9.5 mm, 2.36 mm Sieves and Asphalt Cement 9.5 mm Superpave 4.75 mm, 2.36 nun Sieves and Asphalt Cement 4.75 mm Mix 2.36 mm Sieve and Asphalt Cement :1.07B.: COMPACTION: Delete this Subsection llIld substitute the following: !compaction of the mixture as detennined by either GDT-39, or GDT-59, will be accepted in Lots as e cd in Subsection 400.07.A. ,",d shall be within the same Lot boundaries as the mixture acceptance. Imean dellSity of the pavement placed within each Lot will be calculated by averaging the results of sts run "n randomly selected sites in that Lot. The random sites shall be selected using GDT-73. ,17. C.: SURFACE TOLERANCE: Delete this Subsection ,",d substitute the following: I :'.::;":", ;. !' .1 i. ~t,.,. ;; ,;' :f :0'. :,/', .:1 ; ! r ~. iI: .- ,J ':;' {f : j" : r' ~; ; i . ~' ~ .. r- 'I il t I. 400.07.D.: MATERIALS PRODUCED AND PLACED DURING ADJUSTMENT PERIOD: Delete I this Subsection. 400.07.F REEVALUATION OF LOTS: Add the following to, the first paragraph: All irregularities in excess of 3/16 inch in 1,0 feet for base, intermediate, and surface courses shall be corrected. Irregularities such as rippling, tearing, or pulling which in the judgment of the Engineer indicate a continuing problem in equipment" mixture, or operating technique shall not be permitted to recur and the paving operation shall be stoPHed unless appropriate steps are taken by the Contractor to correct the problem. Re-evaluation of Lots and acceptance will. be based on-Department evaluations. All costs of these evaluations shall be at the Contractor's expense. ,;. I II I ( II i 1\ I U I Materials and Research c'c~t..~ \ ,\ 1\ ,i lij \I.! !;i In ill . ~ . I I:: I:' 'H ~ .u ~ i .: , 1:1 i i \'\ \:- ,.11 fl., \. 1< Ill. 111. ,I I! i! -I \ j !'I ; i ! \1 , I I I I I March 4, 1999 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION (For Off System Projects Only) SECTION 402 - HOT MIX RECYCLED ASPHALTIC CONCRETE r02.02,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 mterstate IIProjects except for shoulder construction. When,used in shoulder construction, the use of RAP containing ~ither 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- Fterstate projects, the percentage of RAP containing a~luvial grave~ shall be limited such that th: gravel ~akes up no mote than 5% of the total aggregate portion of the ffilX. The amount of local sand m RAP shall be considered when determining the local sand portion allowed in the total mix as specified in rection 828. Where Pay Items specify that Group II only aggregate is to be used, RAP which consists primarily of IIProup II aggregate, but contains some Group I ~ggregate shall be limited such that the Group I aggregate lInakes 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 lot~ll mix as specified in Section 828. The percentage of local sand, alluvial gravel, and Group I aggregate n the RAP will be determined through petrographic analysis or available records. r02.02.C. RECYCLED MIXTURE: Delete and substitute th~ following: The recycled mixture shall be a homogeneous mixture of RAP material, virgin aggregate and neat asphalt lIcement. Further, the mixture shall be appropriately treated with an approved anti-stripping agent, either a Rheat stable anti-stripping additive or hydrated lime. The agent chosen shall be at the Contractor's , discretion except where noted in the Pay Item Designation. Le mixture shall confonn to an approved ~ 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 tus 0.5 percent of the aggregate in the RAP portion of the mixture. Where heat stable anti-strip additive is ed, it shall be added at a rate of 0.5 percent of the neat asphalt cement added to the mixture. I I I I cc-z,s \1. Hi if I.:; b Ill. ~: ~ ,.. Ii.... i ~. . lit !~.' :1' , ii': ~i ~ I .: . il', '. Ii"'. i:!:~ 'I: r ilil :iU I" -j; f. i I':V "I ',.: :,il'if: 'i I,. '.1: ~- :lLt I'.'. : I \~ -'" I"" (i ,I:.. Ij![: !I:,.:: ,I :i : \ I ~ :", l.1;; ~; ; ; ';." j: i~ i i ~': t " . r r I ,. il 1:1 ::,;. i' ", I, .. I ; ~ I! : . I. fl! 'I 'I I . lit r).! 11'1 i:I if r ../1 I f i II II 111 ..1 !I ! /' l, '/ . ilt Hf CC-Z(,. I') ,;1; 402.05 PAYMENT: Add the following: Item No. 402 Recycled Asphaltic CC)nciete Leveling, Including Bituminous Matenal ........ ......... ........................ ....... ................... per Ton Item No. 402 Recycled Asphaltic Concrete, ~ Mix, Grouo-Blenc;!, Incl uding BItuminous Material ................... ................. . . " . " . . " .. . ...... ........... per Ton II I I I I I I I Item No. 402 Recycled Asphaltic Concrete Patching, Including Bituminous Malenal .................. .................... ... " " " '" .... ..... ........ per Ton Item No. 402 Recycled Asphaltic Concret~, ~ Mix, Groun-Blend, Including Bituminous Material and HYdrated Lime.... ........... ....... " . .................. per Ton Item No. 402 Recycled Asphaltic Concrete, ~ Superpave, Group-Blend, . Including Bituminous Material........ .......... ....................... .............. ............ per Ton Item No. 402 Recycled Asphaltic Concrete,,~ Superpave, Grouo-Blend, Including Bituminous Material and Hydrated Lime ................................ ..... per Ton Item No. 402 Recycled Asphaltic Concrete, ~ Superpave, Group-Blend, lncluding Polymer-Modified Bituminous Material and Hydrated Lime.. .. . . . .... per Ton Item No. 402 Inches ReCYcled Asphaltic Concrete, ~ Mix, Grouo-Blend, Including Bituminous Material'.. ...................,. '" ........ '" .... ............ per Square Yard Item No. 402 Inches Recycled Asphaltic Concrete, ~ Superpave, Grauo- Blend, Including Bituminous Material ',' ....... ............... .... " . ..... per Square Yard Item No. 402 lnches Recycled Asphaltic Concrete, ~ Mix, Grouo-Blelli!, Including Bitumin~us Material I and Hydrated Lime... ............:....,.................................................. ........ per Square Yaxel Item No. 402 lnches Recycled Asphaltic Concrete, ~ Superpave, Grouo-Blend, Including Bitumino'us Material and Hydrated Lime '" ....... ......... ................ ...... ...... ... ........ ....... . . .. .. ......... per Square Yard I II Item No. 402 lnches Recycled Asphaltic Concrete, ~ Superpave, .. Grouo-Bleng, Including Polymer-Modified Bituminous Material and Hydrated Lime.......... ........ ......:....... ....... ." ...... ............... ... .. ............ per Square Yaxel I I I Materials and Research I I )L........ ..--. I I I .1 I I I. I I I I I I I I I I I I ~ r. ..\fi ~li. ~ll ! .\;\.\: !!: ". I': :!: Ilj: I::' Ilii!:,. :::.; I' If! I,::: \ ~' . I; Ii:. I 1 ~,', . I':. . \O\i'I':..... Ii' . \.:i: . I {; ~ rHf 11'.1' IT 1, jl' \: ;f !I:~ . Iii!. .\,' <. lit: \ Jr. { .:;j~. \\i' id r: if i\\T: Ilh \iH: 1\,;, II\! l' \!<. DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIA~ PROVISION SECTION 700 - GRASSING December 10, 1999 Delete Paragraph one of Sub-Section 700.10, which begins with "The Contractor will be allowed.....". and Substitute the following: The Contractor will be allowed full measurement and payment on the regular monthly estimates for all grassing and planting items as work progresses provided the Work has been done in strict compliance with the Specifications...) \ ; ,j CC'-27 ~:' {'. id Ii. ~, ilJ In 'I"'.. I't I'I{ I;:r., i i ,( 'I;F. if , ;if , I, !r' 1.( IiI ,. Iii . I rill. r IIi- i i 1.1: (1;:' ~. j I . !I;, i.il ~ i II ~ I : . ~'i "if. ,11(' /1 (I ~i !, ng ~I i; !llt f)I~. t: : t: : t.! ~ I) ; fl. ! fir If c c- 2 J' .I, :): ." fl I I I I Delete and substitute the following: I 820.01 SUPERP A VE ASPHALT BINDER: This Section covers asphalt cements which 'have been prepared from crude petroleum by suitable m~ods. The asphalt Cements shall be homogenous, free from water and shall not foam when heated to 175" C. Blending of asphalt cements to produce a specified I performance grade shall result in a uniform, homogenous blend with no separation. . The neat asphalt cement proposed for use in Asphaltic Concrete shall meet the following requirements for PG 64-22 or PG 67-22 and be production materials ("straight-run'') that have not been "air-blown" to achieve the I performance grade (pG). PG 58-22 may be used as Bituminous Tack Coat or in Bituminous Surface Treatment. Only Styrerie-Butadiene-Styrene (SBS) or Styrene-Butadiene (SB) shall be added to the neat asphalt cement, if needed, to produce a binder, that complies with the following requirements for PG 76- 122. May 21, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 820 - ASPHALT CEl\1ENT 1. Test Requirements ST AND METHOD . ORlGINAL BINDER RESIDUE OF BINDER AFTER: I TEST TEMPERATURE PG PG PG PG 58-22 64-22 67-22 76-22 Rolling 'Thin-Film Pressure Aging Oven AASHTO:.TP5 AASHTO: PP-1 Flash Point, SHTO: T-48 Min. cosity (a), AASHTO:TP-48 Max. sLoss (%), Max. SHTO: T-240 (b) ynamic Shear, .... sineS, AASHTO: , 10 Rad/Sec ipated Energy, )ynarnic Shear, ineS, AASHTO: , 10 Rad/Sec :reep Stiffuess (c), c. AASHTO TPI t Tension, I.O min. AASHTO: P3 Failure Strain 1350 C 2300 C 3Pa-S (3000CP) 580 C ?: 1.0 kPa 0.5 > 2.2 kPa - ------ 64 0 C 670 C 760 C Phase Angle .::: 75 deg. 250C ::: 5000 kPa - 120 C S::: 300,000 kPa m > 0.300 - 120 C Report . I I ~. l:. 11.01 (Continued) I I I I I (a) This requirement may be waived at the discretion of the Department if the supplier warrants that the asphalt binder can be adequately pumped and mixed at temperatures that meet all applicable safety standards. (b) Heat loss by AASHTO: T-179 may be accepted in lieu of mass loss by AASHTO: T-240. (c) If the creep stiffness is below 300,000 kPa, the direct tension test is not required. If the creep,stiffness is ~300,OOO 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.". I 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. I I I I. I I D I In the event there is reason to suspect a sample will be outside specification limits, the State Materials and Research Engineer may interrupt the production until test results are known. Irials an~ Research I I I ,I'i 7:P ~ . t . ; , ~. ': : .~ '_:. i.', i - i. ( U ,[ il H lit if . ~ ,;' i ~ :1.: -:1.- ; i. , if "/t:" ilt . .r iti I j~: !lr pL IS jl IJ j :~. ,':. "f.! . ~ . ~ t,: , ' i. ::: !.; , . ,! , I. I i'" j< .!' c c ..Z~ - l' 1~~ ~ ~'fOI;_""~~~~""'I..~~~~..~~,~::..t'"!'-:-:,:,:.~r~'li':':':~.::~;~!f..~~;;,~t:;~~;:':'!,:"~~,c~~,:,,~';-:!..'!7':-: ~.'U~:':::'i;'~:'::-:~"")":':''''':'' .'.; ..... :'.:'.::"t'.,::~J:"':" '.-u ':. :~~. May 21, 1998 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION I I I I I I I I I I I U I I I SECTION 828 - HOT MIX ASPHALTIC CONCRETE MIXTURES Delete and substitute the following: 828.01 DESCRIPTION: This specificatiqn covers the requirements that are applicable t<.? all Hot Mix Asphaltic Concrete Mixtures. Materials used in the preparation of these mixtures shall be approved by the Engineer prior to incorporating in the Work. This work consists of producing and constructing one or more courses of hot mix asphalt pavement. Superpave mixes shall be designed in accordance with the Superpave System for Volumetric Design (AASHTO TP4 and AASHTO PP2) to meet test properties as shown unless otherwise stated herein. All mixtures are designated based on the NoIIlinal Maximum Sieve Size as defined in Subsection 828.02 and shall conform to the following unless otherwise stated herein: A. The Contract Pay Item will specify the aggregate group, or blend, where applicable. See Subsection 828.04 for explanation of aggregate groups and blends. B. The percent finer than 75J..1.m 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 where noted. The lime shall be added at a minimum rate of one percent of the total dry aggregate weight. In recycled mixtures, lime shall be added at a minimum rate of one percent of the virgin aggregate portion plus a minimum of 0.5 percent of the aggregate in the Reclaimed Asphalt Pavement (RAP) portion of the mixture. Additional lime, as well as an approved heat stable anti-stripping additive, which meets requirements of Subsection 831.04, may be required in any particular mixture when necessary for satisfaction of governing Specifica~ion requirements. No additional payment will be made by the Department for any such required additional materials. CC-30 i : ~ !;i i ! Ii : ;.~ ~ r 'it ';:11 11.1- '1:\ ::IH ., q [. if:; ,./. ~; i' Ii;! '.1' i if. ~: . i r .J .'1. :,': ';; ~28.01 (Continued) I I I I I I I I I I I U I I I I I I F. On projects designated at Mix Desi~ Level A, as designated in the project Plans or project General Notes, the Asphalt Cement (AC) used in all mixtures may, at the Contractor's discretion, include an approved heat stable anti-stripping additive, which meets requirements of Subsection 831.04, in lieu of hydrated lime unless noted otherwise. The addition rate will be a minimum of 0.5 percent of the AC portion. \\Then 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 mrn'mix and 0.6 for all otherAsph~ltic concrete mixtures. G. Asphalt Cement used in production of asphaltic concrete mixtures shall meet the requirements of Subsection 820.01. Asphalt Cement used in the production of these mixtures shall meet requirements of Subsection 820.01. The AC used in all mixtures shall be PG 67-22 with the following exceptions: ~ a. For proJects designated at Mix Design Level A, as designated in the project Plans or project General Notes, PG 64-22 may be used at the discretion of the Contractor. b. For mixtures which utilize Reclaimed Asphalt Pavement (RAP), the AC grade to be used will be determined by the Engineer. c. AC meeting requirements of PG: 76-22 shall be used in the top dense-graded surface course, excluding shoulder construction, for projects or portions of a project designed .at Level C or D, as designated in the project Plans or project General Notes. B. Local sand, not to exceed 20% of the total aggregate weight, may be used as an ingredient in all Asphaltic Concrete mixtures placed on the mainline and ramps of non-interstate routes designed at Mix Design Level A. On non-interstate projects designed at Mix Design Level B, C, or D, as designated in the project Plans or project General Notes, the use of local sand shall be limited to Asphaltic Concrete 25 mrn 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. CC-s/ '--"~. I..~~-~-....-~--,.~_.,..__.---- If! " I...;.: I; ( ii 1 i,. 'I;' ; ~ . \ , ..1. 1: :-, iit Ii r. lit.: i~ r~ J It': .Hi~~ ! It ...J :rr t;.- ( ir Iii 1 !t , i~' llll' /<" ;Il: fit 'r. i,' 'I'!,.:. ., ';. i.' !.: I I I 1. When allowed, local sand shall meet the following gradation requirements: GRAPING REQUIREMENTS % Passing 12.5 mm Sieve , 100 % Passing 9.5 mm Sieve 90-100 % Passing 4.75 ri1m Sieve 80-100 % Passing 2.36 m.m Sieve 60-100 % Passing 300~m Sieve 12-70 % Passing 75 ~in Sieve 2-15 " ;i I !; d :1 I I ;;\ :;j ;1 i! i ~ .i ~ : The clay content oflocal sand shall be no more.than 7%. Locat sand shall also be free of clay lumps as determined by AASHTO: T 112. " !.; ,. i! ij ;; i! ... ,. I , I 1 i I 1 i \ \ 828,02 SUPERPAVE ASPHALTIC CONCRETE MIXTURES A. Gradation Requirements: Superpave utilizes th~ FHW A 0.45 Power gradation chart to defIne permissible gradations. This chait .uses a unique graphing technique to judge the c:umulative particle 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. . Superpave defines nominal maximum sieve size and maximum sieve size as follows: Nominal Maximum Sieve Size: One stand~d sieve size larger than the fIrst sieve to retain . more than ten percent (10.0%): Maximum Sieve Size: One standard sieve size larger than the nominal maximum size. The 0.45 power maximum density line is drawn.from the origin to one hundred percent (100.0%) passing the maximum sieve size. - ri.: ,~<1::\::}(r~?ft;:Rr;(;.(r?y:,,/:..;::.,,.:,!.:'."1(.;'...:".:,<.,,;~;~.~::,,'.\,.~~;~'lr.'.~'''~;''''.'.~,.,:?;.'.:';'.':'!/'C':'""':."~C-~3C"' ,::..... .~ ~ ........:... . , . '-'"d,' I 102 (Continued) I TABLE .828.02.A.1. JOB MIX FORMULA AND DESIGN LIMITS r 9.5mm 9.5:mm ntrol Asphaltic Superpave Superpave 12.5 mm 19mm 25mm ~o erance Concrete (Level A) (Lev~l B-D) Superpave . Superpave Superpave I Grading Requirements Percent Passing 16.0 37.5 rnm. Sieve 100 25.0 rnm. Sieve 100* 90-100 :1:6.0 19.0 rnm. Sieve 100* 90-100 70-89 6.0 12.5 rnm. Sieve 100* 100* 90-100 65-89 50-70 5.6 9.5 mm Sieve 90-100 90.;100 70-89 55-75 :1:5.6 4.75 rnm. Sieve 65-85 55;.75 4.6 2.36 rnm. Sieve 48-58 37;.47 28-39 23-34 19-30 2.0 75 llm Sieve 4.0-7.0 4.0~7.0 3.5-7.0 3.5-6.0 3.0-6.0 I * Mixture Control Tolerance not applicable' to this sieve for this mix. Note: The Mixture Control Tolerance for asphalt content shall be :t 0.4%. ll.02 I I I .1 I I I I I Design Requirements: The mixture design properties shall be determined in accordance with the Superpave mixture design system except as noted. The Superpave gyratory compaction effort employed shall conform with Table 828.02.B.4. ..._--~--..-..-=:",:--'.....-:":-<:'""': 1.'1 ::1. ~. , . Iii: \1: I" I{\ Li; ,;1 ii' i. ..; .., ;:\ : i ; ~ \ ; \ ;.1 \:1 ;il .d, dl. .11'. ~ ~; ;:\ . ~H ;i! :\\: ii" \r~. dl (..\:,.;. ! I:: \1: Lil\\ d; : it; : 'I t., It: ~; ..It:: lit I'" j'IE i'If;. ;;.;. ." .... CC-3J ...~. -;.;\ ." I TABLE 828.02,B.1. SUPERP AVE MIXTURE DESIGN VOLUMET~C CRITERIA I.n I', . I'; I: !.: . i!' Design Parameter Design Criteria . Percent of Maximum Specific Gravity (%Gmm) at the design number of gyrations, (Nd) (See Note 1) . % Gmm at the initial number of gyrations, (Ni) 96% . Percent voids in mineral aggregate (VMA) at Nd . Percent voids filled wi1h asphalt (VF A) at Nd: f. Fines to effective asphalt binder ratio (F IPbe): 1. Asphaltic Concrete 9.5 mm Superpave (Level A) 2. All Superpave Mixtures excluded in Item 1 g. Tensile strength (GDT 66) 1. Ratio (See Note 2) 2. Stress h. Retention of Coating (GDT 56) Level A <91.5% Level B <90.5% Level C & D <89% See Table 828.02~B.2. See Table 828.02.B.3. 0.6-1.2 0.8-1.6 !:r ::t. , :~ i{ ; f. : : ~ ;r, . i1 :1:r" l!1 .. . f. iT '"F ! ; ~ ~ . t: 'I,' !n: !ii ;i; il:r ~ j~~' .~ "r1". j./:r !It !I~ : l~: ii" ~ lr III it: i~1: i!l ~: i " 80% min. 60 p.s.i. min. 95% min. ote1: Maximum specific gravity (Gmm) determined in accordance with AASHTO T 209. Note 2: A Tensile Splitting Ratio of no less than 70% may be acceptable so long as all individual test talues exceed 100 p.s.i. '. I TABLE 828.02.B.2. SUPERP AVE VOIDS IN MINERAL AGGREGATE (VMA) CRITERIA Nominal Maximum Sieve Size (nun) · Minimum % VMA I 25.0 19.0 12.5 9.5 12 13 14 15 VMA is to be determined based on effective specific gravity of the aggregate (Gse). Minimum. VMA . ralues may be reduced by one percent if the gradation on the 2.36 nun sieve is no more than 5% coarser lJ1:han the maximum percent passing allowed and the asphalt film thickness is no less than 8 microns . I I I I I. CC-3f ~_ ...OJO-<,....,or:"T.T;_~~.~_...'r.r.....r ..-",- '.. ",. . ",._:.,. j~F""7:~~~:TT'"._'~'-w---:.'-:;"':"""""~-~'-~'" :-.~;~'r-'":''''-',,''' . I 828.02 (Continued) I I I I I I I I I I I I r TABLE 828,02.B.3. SUPERPAVE VOIDS FILLED WITH ASPHALT (VFA) CRITERIA RANGE MIX DESIGN LEVEL Minimum Maximum A 67 80 B 65 78 C 65 76 D '65 75 TABLE 828.02.B.4. SUPERP A VE GYRATORY COMPACTOR (SGC) COMP ACTION CRITERIA :1 .'1 T :,1. :it- ~+ .i:r : ~. j:~ if ij!' r~. .K. .jJ I;': i[ rf ':,~ ,{C H .1.: .1' . .:~ + .:11. t 'I: ,LI. ':[{ NO. OF GYRATIONS MIX DESIGN LEVEL Nini Ndes A* 6 50 B 7 75 C 8 100 D 9 125 * This gyratory compaction level shall be used for all Superpave mixes used as shoulder surface mixture, trench widening, temporary detoUr, or sub-base mixture under Portland cement concrete pavement. ,. ! I Note: Asphaltic Concrete 25 mm Superpave mixtures shall be designed at one Mix Design Level lower than specified in the project Plans or General Notes (based on number of gyratory revolutions) except when Mix Design Level A is specified. I I I I I / C C-S5 :...... "",.~~:.~.\iTt"..\;!:.!:'~.z:'~:~~'~,~:~.7"", > ~:.~~.7~"::"'-::: .....~' . ~~;: :--~.':'"'":..~.., ...-:-..,-.-;....-. ", _...-.'.-'";:....-~...::.....-:.~~7~-...-:. ~l -': II 'I ;.:::~:.'2~~;Yf.~~~ry;~~~~f~r~;~:~~:' .~, ' ")(";.>;7~~r$1~},.T'.W.>: .. .", ',:',' - :..:.~. .. :'. .,. :.. ':'.,: >~... :'::'::::'.:";::.:T;:~, '-,'j . MIXTURE CONTROL TOLERANCE TYPE MIX'fURE 4.75 mrn GRADING REQUIREMENTS ., :I: 0.0 % Passing 12.5 mrn Sieve 100 :!: 5.6 % Passing 9.5 IpIll Sieve 90-100 :I: 5.7 % Passing 4.75 mrn Sieve 75-95 :I: 4.6 % PaSsing 2.36 tnm Sieve 60-65 :1:3.8. % Passing 300 Ilm Sieve 20-50 :I: 2.0 % Passing 75 Jlm Sieve 4-12 DESIGN REQUIREMPNTS :1:0.4 Range for % AC 6.00 - 7.50 nla ' Design Optimum Air Voids (%) 4-7 nla % Aggregate Voids Filled with AC 50-80 Tensile Splitting ~tio After nla Freeze Thaw Cycle (GDT 66) Min. 0.8 nla % Retention of Coating 95 (GDT 56) <II' l r ~.. f ,~ :I t 'f J :i. .1l: . :iF 'Ht~ :1[; nil.: :;ii- ;llf. .:;{~: J :IW lif lit iil :\~. n' !if- :It ,Ir :'i.~. ~. )r :11' :llt )~ ~ }. ~ . i',: .,1 '!:t tc n I:;' ., "t.,. j; L: i. !: i JOB MIX FORl\1ULA AND DESIGN LIMITS '" Mixture Control Tolerance not applicable to this sieve for this mix. ) cc-~~.; i. I ,I I I I I I ~ ~ ~ . I 1 I I I I I I I I; I: ~ \ 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 aggrega~e groups and blends which may appear in the Proposal and Plans are defmed as follows: PAY ITEM DESIGNATION EXPLANATION OF AGGREGATE GROUPS ALLOWABLE Group I or II 100% Gropp I, 100% Group II, or any blend of the groups may be used. Group II only 100% Group II only is required. n ! Blend I Either 100% Group II material or a blend of Group I and Group n 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. .. " '\ :) " \\ \: !' ii ":\ 828.05 RUTTING SUSCEPTIBILITY TESTING: The Office of Materials and Research may run a rutting susceptibility test on any asphalt mixture used in construction. Results of tests with the Asphalt Pavement Analyzer shall be provided for any mixtures designed by a Certified Contractor or Independent Testing Laboratory. The rutting susceptibility test will be conducted according to GDT Test .Procedure 115. Each mix will have 3 beam or 6 cylindrical specimens fabricated arid tested. If the average rut depth for the specimens exceeds 0.2 inch for Superpave mixes th~t asphaltic concrete mixture shall not be used in the Work. However, Rutting Susceptibility tests will not be required for Superpave mixtures designed exclusively for use in trench widening nor for the 4.75 rom Mix. 828.06 FATIGUE TESTING: The Offic'e of Materials and Research may conduct a fatigue test on any Superpave 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 qf Materials and Research. Materials and Research C C-31 _ ,I .. .,_..m .",-. . ""::-';.".. .:;:"~~_.:...~-:-=.~",,:,,:,":...-....~-,,;,,,.--""~-:-;'-::--":-._'~~:':' .-~--..".. ".' '", -, .... .;.. ..-.--.-.-.........,.. . . - ." I I I I I I I I I I I I I I I D I I I Revised November 23, 1999 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION I' 'il I ;11 :!f'.. " 'I ijr j1r ;';~' i~ iJ !;;" Modification of Standard Specification SECTION 228 - GRADING (MODIFIED), INCLUDING HAUL (For CountY Contract Only) PROJECT NO.: PRLOP 5~4-2 (245) Richmond County ~ ~~: ":~ 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 Engineer, all necessary hauling, formation of embankments, shoulder construction, subgrade construction, ditch excavation, finishing and dressing, replacement of unsuitable material removed from the subgrade, and disposal of any unsuitable or surplus material. It shall include the removal and disposal of miscellaneous roadway items includi~g, 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. :jf , 228.02 MATERIALS: All suitable material excavated, including that taken from trenches, roadway ditches and slopes, 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. I il:. ( l::. r;. I!;:' Ii: I~ I~ Ii It I~ ~\ '. k 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 work shall be done in accordance with the appropriate portions of Specifications 201, 202, 205, 206, 207, 208, and 209 of these Specifications. ..', ~ k r " ! 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 Hequirements: 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. 0.9' cc -:Ji' I I Ii I i Ii - ~ l I I I I I I o D I I I l I .'1 Page Two 3. Shaping and Dressing: After all excavation and formation of embankments and shoulder have be.en substantially completed the roadway shall be properly shaped, finished and dressed l 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 established 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 unsuitable material, finishing and dressing, cleaning of side ditches, all hauling of excavation, and any incidentals 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 PROJECT NO.: PRLOP 564-2 (245) Richmond County 1>" CC -39 t- + + I I \ ;,' .. ..:''',r,.. .;/ '. ........1>" ., "0..," ,;f~):(" . ".:;.:g. /' /' /' /' /' /' , I I / I "0 ~c I Co '91r .. =1- /C't ~c.:.i..i:'.:. . I :t. + ( rII..L _ ~ ~ .'/ . ~~ al . :Eo<< t ~~ "> ~ ~ f)" ~ t t) ~ I.: o z 1% .... 0.. I I I I I I .~ II ~ ~ ? ... 10 >- "- - 0 I~ ~ ~~ .J. o 0 .;r C2;: .,,> .JJ ~ - ~. c ~ . G >-::c _, c:r t- ~ ;: 0 "'= ~ ~ "> ::c t- o Z W ..J () 1\ \-2 ~ ~ ~ 0 A 0 "Z t- LU ~ ~ -z ~O) ~ J~ 0 c: 11. ~ rJ. ~ '5 HI w I ~ ~ ~I <l: ~~ Z 0 Z ( I .1 . a. co E . Q) .r=. c o - Q) Q) ~ - CJ) Q) :: o .... 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