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HomeMy WebLinkAboutWheeless Rd Drainage Improvements Augusta Richmond GA DOCUMENT NAME: &J he.-.e \ esS Rd. D,c..\ (\6- ~ ~ Vh (?tDJQ ~f\ ~ DOCUMENT TYPE: to()-tr~c..t- YEAR: /q9fi; BOX NUMBER: FILE NUMBER: ) 7- 7 3 0 NUMBER OF PAGES: / /q I I I I I I I I I I I I I I I I I I I LIST OF PROJECT DOCUMENTS Wheeless Road Drainage Improvements Project Number: 55-8562-134 SECTION PAGES Instruction to Bidders IB-1 thru IB-3 Georgia Prompt Pay Act PPA-1 Minority and Economically Disadvantaged Business Support Special Conditions ME-1 SP-1 A-1 thru A-4 1 thru 33 SC-1 thru SC-2 P-1 thru P-4 G-1 thru G-14 TC-1 thru TC-23 CC-1 thru CC-25 Agreement General Conditions Supplementary Conditions Proposal General Notes Traffic Control County Contract specifications I I I I I I I I I I I I I I I I I I I SECTION IB INSTRUCTION TO BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations .and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issned shall become part of the Contract Documents. IB-1 I .1 I I I I I I I I I I I I I I I I I IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or bis authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on i.ill 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. IB-05 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 1:he 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 construc1::ion. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-2 I I I I I I I I I I I I I I I I I I 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 Owne:r:- 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 made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-3 I I I I I I I I I I I I I I I I I I I GEORGIA PROMPT PAY ACT This contract is intended by the parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O. C. G. A. section 13-11-1, et seg. In the event any provision of this Contract is inconsistent with any provision of the Prompt Pay Act, the provision of this contract shall control. PPA-1 I I I I I I I I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County- council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. wi th 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 qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. ME-1 I I I I I I I I I I I I I I I I I I I WHEELESS ROAD DRAINAGE IMPROVEMENTS project Number: 55-8562-134 SPECIAL CONDITIONS SCOPE: This project includes labor, equipment, materials, and supervision necessary to properly complete this project. TERMINI AND LENGTH: This project begins on Wheeless Road near Happy Road and extends northward to Virginia Road. (See Plans) LUMP SUM CONSTRUCTION: Lump Sum Construction includes, but is not limited to, removal and disposal of existing pipe sanitary sewer, sidewalk, curbs, fence, paving, plugging pipe, etc. or any required work not covered by a specific pay item. TRAFFIC CONTROL: The Contractor shall submit a Traffic Control Plan to Public Works and Traffic Engineering for approval prior to closing any street or road. The plan shall include all sequencing of the work and how ingress and egress will be provided for residents ,that must use Courtney Drive and those directly affected residents along Wheeless Road. Any detour must have prior approval of the Construction Engineer and the Traffic Engineer. PIPE/STRUCTURE BACKFILL: The backfilling of pipe and other structures shall be in accordance wi th Georgia Department of Transportation Standard Specifications, Current Edition. Backfilling with sand using jetting and/or flooding to achieve compaction will not be allowed in any case without the written permission of the Engineer~ RIGHT OF WAY CONSIDERATIONS: (Payment to be included in Lump Sum Construction) On the property of Radford and Minnie F. Montgomery at 2374 Wheeless Road the contractor shall save all trees that do not conflict with the proposed construction. Affected fencing shall be replaced in kind of equal or better materials. The Contractor shall not park or store equipment on the temporary easement except when work requiring the use of such equipment is on-going in that area. SP-l I I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the 3 day of 'f~' 19K by and between Auqusta-Richmond County Commission-Council party of the first part, hereinafter called the OWNER, and Mabus Brothers Construction Company. Incorporated party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Wheeless Road Drainage Improvements Project Number: 55-8562-134 and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within ~ calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 175 calendar days with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. A-1 I I I I I I I I I I I I I I ,I I I I I IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of an work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT (a) The Contract Sum The Owner shall pay to the Contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Proqress Payment On no later than the fifth day every month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from th~ 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 ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (a) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and 'conditions thereof, and,the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within 15 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. 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 I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three be deemed ..em original, above. .,' '~'..:- -I '. , ' ...;.:,,,,: r.,):.~~. ''''...... /I!) .",t..~~ c' ~', ^co"OO"~_ Co ~." . . " ')" ~'" 'p, ") "';.',' , o,,^ v~ \^ ~ .1. .r .. ~'o "'i/'. v: I, ; ,~.... "0";" ~A ~ ,~ 0 ~ ~ . ,,1 'b. ~ , .. 10\ . :~) g:::; ~ ''', ""!J _,-=--- ~ '.J }; c'~. ,," d '..5 ..0 JD \': ':',) oot).tO' . t C":>oo()OcoQ 4Y SEAL '<1..'"' CCOR<G\"'- :e~~.6' "'\\.~'l::l.'I,:,.~'G~- (3) counterparts, each of which shall in the year and day first mentioned AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL (Owner) Richmond Countv Commission-Council U ~t9k2~ CONTRACTOR: ;%&t.sZDt~r a..;z,tk By: ~,~?_y?- Title: ~~ Address: 9;<0 I?tuv 16;0 J?{),<<10 II U /(, " S -r A. 611. '3 0 90 I , SEAL Attest ~~/~ Secretary ~-- ~~ 4 W1tness A-4 I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title ., DEFINITIONS.. ..,.,... .. , .. ..... , ... .... ,.............., ,...... .., PRELIMINARY MATTERS ......,. ,'............,....".......,.", CONTRACT DOCUMENTS: INTENT, AMENDING AND REUSE.,."" ,.""""".." ,.,.., ,. AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS..,.""... ,., ,.,."", ,.. """,.. ,..."".., BONDS AND INSURANCE,....., ,..." .."'.'"",..""""",,, CONTRACTOR'S RESPONSiBILITIES",.""""",.."",..,." OTHER WORK ......,...."...".,."""."""".""""",.,." OWNER'S RESPONSIBILITIES,................".,.........."." ENGINEER'S STATUS DURING CONSTRlJCTION .............. CHANGES I:-.i THE WORK..............................,.......... CHANGE OF CONTRACT PRiCE..,....,..,.,....,............",. CHANGE OF CONTRACT TIME.........,......,.".,.,......,.,.. WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK,., .,.,...... . . . . ,. ,...... . PA YMENTS TO CONTRACTOR AND COMPLETION .,.,."..... SUSPENSION OF WORK AND TERMINATION .,..". ....",... ARBITRATION........"....,.."........"""".."....."".,.. , :>tlSCELL.-\N EOUS . , . , ........... ".. .. ., , . .. ...... .,. .., .... ... ,.. 3 ~ 5 6 7 8 9 10 II 12 13 I~ 15 16 17 3 PaRe 8 9 10 II 14 18 19 19 21 21 :-l 24 26 29 31 ,., )- I I INDEX TO GENERAL CONDITIONS I Anicl~ or Paragraph Numb~r Acceptance of Insurance ..............,........,..... 5.13 Access to the Work ,.",.,........,.................. 13.2 Addenda.-:1efinition of (see definition of Specifications) ",...."..........,..........'..,..,... 1 A~eement.-:1eftnition of ,..'.........'..,.........,.,... 1 All Risk Insunnce ....,................................ 5,6 Amendment. Written ,............................ 1. 3.1.1 Application for Paymenl.-:1ennition of ................., I Application for Payment. Final ..,..'................ 14.12 Application for Progress Payment .................... 14.2 Application for Progress Payment-reVlew of .... 14.4-14,7 Arbitration ".."...,...,..,.......,..,,'......,....,... 16 Authorized Variation in Work ....'.................... 9.5 A vailability of Lands ...,,'.........................,.. 4.1 A ward. Notice oi~efined ...,.,.,......".............. I I I I I I Before Staning Construction,.".,.",.....,.".., :.5-2.7 Bid-:ierinition of ,....,.........,..........'............ 1 Bonds and Insurance-in general ....""..,...,......... 5 Bonds-definition of . , . . , . . . . . . , . . . . . . . . . . . . . . . . . . , . . . . .. I Bonds. Delivery of ..........'.................. _. :.1. 5.1 Bonds. Performance and Other .................... 5.1-5.1 I I Cash Allowances ,..,.."..........."................ 11.8 Change Order-:ierinition of ..,..,.,.......,..........,., I Change Ordef'S-{o be executed ...................... 10.4 Changes in the Work ....,.............................. 10 Claims, Waiver of -on Final Payment ""........." 14.16 Clarifications and Interpretations ,.,."..",.,......... 9,4 Cleaning "......,...,."."".....,..,.'"".,....". 6.1 i Completion. . . . . . . . . . . , . , , , . , , , . , . , . , , , . , , , , . . . , ., , . , . " 14 Compiellon. SUDstantial ........,.,..",.,.....,. 14.8-14.9 Conference. Pre:;onstruction ..........,.......,....". :.3 Connic:, Error. Dlscrepancy-Contractor to Repon ...................................... :.5. 3.3 Construction Machinery, Equipmenl. etc. ,..".""", 6.~ ContinUing Work """......,...,.,.......,.......... 6.19 Contract Documents-amending and supplementing ........".. ,....,................. 3,4-3.5 Contract Documents-definition of .,.".".,....,."..... 1 Contrac: Documents-Intent............... ....... 3,1"3.3 Contract Documents-Reuse of .,.,..".".,.."",... 3.6 Contrac: Price, Change of ,........'..,.. ,'..,...... ,.,., 11 Contract Price-:iennition ....."."".,."",.,.,.,.,.., 1 Contrac: Time, Change oi ..,."..."......,.,.,.,...... I: Contract Time. Commencement of .,..,.""......"" :.3 Contract Time-:iefinition of ,........................... 1 Contractor.-:1erinition oi ,..,........,..",.....,.....", 1 Contractor May Stop Work. or Terminate .",.,..."" 15.5 Contractor's Continuing Obligation .,.,.,.".."".,. 14.15 Contr:lctor's DUlY to Repon Discrepancy in Documents ".............,.................. :,5. 3,: Contr:lctor's F<::c-Cost Plus ... 11 A.S ,6. 11.5.1. 11.6"11.:- Contractor's Liability Insurance ............,.......... 5.3 Contractor's Responsibilities-in general ........"",.,. 6 I I I I I I I I I Contractor's Warranty of Title ........................ 14.3 Contractors--other ..'................................... 7 Contractual Liability Insurance ........................ 5.4 Coordinating Contractor-definition of '............... 7.4 Coordination "....,.......,.......,.,.,...,.......,.,. 7.4 Copies of Documents ."...,.........,............,.... 1.1 Correction or Removal of Defective Work ",.,...... 13.1 1 COlTection Period. One Year ........................ 13.12 COlTection. Removal or Acceptance of Defective Work-in general ........................... 13.11-13.14 Cost-net decrease ...............,................. 11.6.1 Cost of Work '.................' .. .. . , .. . . . .. . ... 11.4-11.5 Costs. Supplemental, , , . . . . . . . . .. . . .. . '... . . . , . . . . .. 11.4.5 Day.-:1efinition of ".....,.......,...".......,.,.,.,..., I Defecrivt'--<iefinition of .,'."'..,.',.,...,..".,..,,.... I Defecrive Work. Acceptance of ",...,...,...".".,. 13,13 Def~crive Work. Correction or Removal of ,..",..,. 13,11' D~fecriveWork-ingeneral ......,....,.., 13.14,7.14.11 D~f~crive Work. Rejecting..... .. .............. .... .... 9,6 Definitions ,.....................,...........',.',......, I Delivery of Bonds ,'................,.'.'"...,..,..... 2.1 Determination for Unit Prices ........................ 9,10 Disputes. Decisions by Engineer... ,............. 9.11-9.11 Documents. Copies of ",......,...,.,......,.......... 2.2 Documents. Record ,.................................6.19 Documents. Reuse ,..............,.........".........3.6 Drawings-definition of .,...'......,........,....,.,.,.. I Easements ..,....."",........"......",....."...., 4,1 Effective date of Agreement-definition of , . . , . . . . , . . , , " 1 EmergenCIes .....,.",..."",...."".".",..."", 6,1: Engineer-definition oi .........................."...... I Engineer's Decisions ............................ 9, 10-9. 12 Engineer's--Notice Work is Acceptable ... _......... 14.13 Engineer's Recommendation oi Payment ".". 14.4. 14.13 Engineer's Responsibilities. Limitations on ................. 6.6,9.11,9.13-9.16,18.2 Engineer's Status During Consuuction-in general ,..... 9 Equipment. Labor, Materials and",." ,..,.., ,..', 6,3-6.6 Equivalent Materials and Equipment ,.,..."...",.'" 6.7 Explorations oi physical conditions.. .. .. , ..., " ., .'," 4.1 Fee. Contractor's-Costs Plus. ..'.....,............:" 11.6 Field Order-definition of .,.,..........,...",.."..',.. 1 Field Order-issued by Engineer ,.....",.".,.. 3,5.1.9,5 Final Application for Payment,. ....................' 14.12 Final Inspection ......,....,..........,.............. 14.11 Final Payment and Acceptance ,..,.................. 14,13 Final Payment. Recommendation of "...,..... 14.13-14,14 General Provisions "......,..."......,......,.. 17.3-17.4 General Requirement~efinition of . . . , , . . . . , . , , , , , . . . .. I General Requiremenls--pnncipal references to ,.",..,.,....", :,6. 4.4. 6.4. 6,6-6.7. 6.~3 ~ 1 .1 Giving Notice ...,.,......................,........... 17.1 Guarantee of Work-by Contractor....,.............. 13,1 Indemnification . , . , . . . . . . . . . . . .. . , . . . . . , . . .. 6.3G-6.32. 7,5 I Inspection. Final .................................... 14.11 Inspection. Tests and ........... ....................... 13.3 Insurance. Bonds and-4n general ....................... 5 I Insurance. Certificates of ........................... 2.7. 5 Insurance~ompieted operations . . , . . . . . .. . . . . . . . . . . .. 5.3 Insurance. Contractor's Liability ,..................... 5,3 Insurance. Contractual Liability ,......,....""....... 5.4 I Insurance. Owner's Liability .......................... 5.5 Insurance. Property .............................. 5.6-5.13 Insurance-Waiver of Rights ,........................ 5,11 Intent of Contract Documents ,....,."...".,... 3.3.9,14 I Interpretations and Clarifications ..."................. 9.4 Investigations of physical conditions. . , , , , . .. . . . . . . . . .. 4,1 I Labor. Materials and Equipment ,.."..........,., 6.3-6.5 Laws and Regulations-definition of ..,.,....,........... I Laws and Regulations-general ... .. .. .. .. . . . .. .. . .... 6.14 Liability lnsurance-Contractor's ..,.".,....,.,.,..,' 5,3 I Liability lnsurance-Owner's "".,.".",.,.....,..,' 5,5 Liens-definitions of ,."".,....".."...,...,..,... 14.1 Limitations on Engineer's Responsibilities ,.."...,........',.. 6.6. 9.11. 9.13-9.16 I Materials and equipment-furnished by Contractor ,... 6.3 Materials and equipment--not I incorporated in Work .............................. 14.2 Materials or equipment-equiva1ent ...",.,........... 6.7 Miscellaneous Provisions...,........."....,........... 17 Multi-prime contracts ".".............................. i I Notice. Giving of . .................................... 17,1 Notice of Acceptability of Proj~t ,.,........,....... 14.13 Notice of Award~efinition of .......................... I I Notice to Proceed--detinition of ""..,......,...."..... I Notice to Proceed-giving of .......................... ::.3 I "Or-Equal" Items.......... ........... ................ 6.; Other contractors ."..",.,.,........,...,..",....,',.. i Other work ".".,...,.....,.....,.,.",......,..."...,' ; Overtime Work-prohibition of . ,."" ",.......,.."" 6,3 I Owner--definition of ..."""...."..,.,..".."."..,.. 1 Owner May Correct Deftcrive Work,..."".,..... " 13.14 Owner May Stop Work.. .... ..... ,.... ..,..... ...... 13,10 Owner May Suspend Work. Terminate .........' 15.1-15.4 I Owner's Duty to Execute Change Orders.",..,.."" 11.8 Owner's Liability Insurance .........................., 5.5 Owner's Representative-Engineer to serve as .,.."" 9.1 Owner's Responsibilities-in general ",.."".."".,',. 3 I Owner's Separate Representative at site.....,.,.. , ,... 9.3 Partial Utilization .....,.,.".""",........"".,. 14,10 Partial Utilization~ennition of ,.,.".,...,.,...,.,.,.,. 1 Partial Utilization-Propeny Insurance",..,."", ,., 5.15 Patent Fees and Royalties .........................,.. 6. I:: Payments. Rel:ommendation of .........., 14,4.14. i. 14,13 Payments to C0ntractor-in general .",...".."""". 14 I I I Payments to Contractor-when due ........... 14.4. 14,13 Payments to Contractor-withholding ..........'..... 14.7 Performance and other Bonds ..................... 5.1-5.2 Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -. . . . . . . . . .. 6.13 Physical Conditions ................................... 4,2 Physical Conditions-Engineer's review .........,... 4.2.4 Physical Conditions-cxisting strUctures ............. 4.2.2 Physical Conditio~xplorations and reportS. .. . , .. 4.2.1 Physical Conditions-possible document change ..." 4.2.? Physical Conditions-price and time adjustments "., .t:!.5 Physical Conditions-report of differing ,......,."" 4,2.3 Physical Conditions-Underground Facilities .......... 4,3 ?reconstruction Conference .....................,..... 2.8 ?reliminary Matters ...,.............. '..'.. ... . . . . . . . . .. .. 1 ?remises. Use of ................................ 6.16-6.18 Price. Change of Contract ..............."....,........ II Price-Contract--definition of ...........,................ I Progress Payment. Applications for.............,.,... 14.2 Progress Payment-retainage ......................... 14,2 Progress schedule ............... 2.6.2.9.6.6.6.29.15.1.6 Project--definition of .................................... I Project Representation-provlsion for ",.....""..... 9 ,3 Project Representative. Resident--definition of ",..,..., 1 Project. Starting the ................................... :.4 Property Insurance ,.............................. 5.6-5.13 Property Insurance-Partial Utilization ............... 5.15 Property Insurance-Receipt and Application of Proceeds".,.,........,. ................... 5.12-5.13 Protection. Safety and ........................... 6.2G-6.21 Punch list ........................................... 14.11 Recommendation of Payment.......,.......... 14.4. 14.13 R~ord Documents........... ..................... .,. 6.19 Reference Points ..,................................... 4.4 Regulations. Laws and ,.."..................,....... 6.14 Rej~ting Defective Work ......,...................... 9.6 Related Work at Site ..............................7,1-7,3 Remedies Not E.."c1usive ",...,...",....,.....,..... 17 A Removal or Correction of Defecrive Work .",.",... 13.11 Resident Project Representative-deftnition oi ,...,...,.. 1 Resident Project Representative-provision ior .",..,. 9.3 Responsibilities. Contractor's-in general ,....,...,.".. 6 Responsibilities. Engineer's--in general .",.",...,...., 9 Responsibilities. Owner's-in general..".,.",.,...,..., 8 Retainage ,.,.,.,."."..."......".""....,',."... 14.2 Reuse oi Documents ,......"...".",..,.,..,',.,.,., 3.5 Rights of Way.,., ",...,.....",...,..,',., ,.,.'",.., ~,I Royalties. Patent Fees and ..............,..........., 6.12 Safety and Protection.,.,." 6.20-6.21, 18.1-18.2 Samples.",......,."."..,.,...,."""...,',.. 6.23-6.18 Schedule of progress......., :.6.2.3-2.9,6.6.6,29. 15,:.6 Schedule of Shop Drawing submissions.......,..,........... ::.6.2.3-2.9.6.23. 14,1 Schedule of values ...................... ::.6.2.8-2.9. 14,( Schedules. Finalizing...., ,. .,....',.' .,.. ., ,. ,." ",., 2,9 Shop Drawings and Samples, . . " " " .... . , , , ,." 6.23-6.28 Shop Drawings-Jennition of ' . . . , . . . . , . . . . , . . . , , , , , , . . .. 1 Shop Drawings. use to approve substitutions ,...".,...".,..""",..".,',.,"" 6,7,3 5 I I Site. Visits to-by Engineer .............,.......,..... 9.2 I Specifications-de~nition of ............................. 1 StarUng ConstrUcuon. Before .....:............. , ., 2..5-2.8 Staning the Project .....,........;..............,....., 2.4 Stopping Work-by ContraCtor....................... 15.5 I Stopping Work-by Owner.......................... 13.10 Subcontractor~efinition of ............................. 1 SubcontraClors-in genera! ..........,..........., 6.8~.11 Subconuacts-requircd provisions ............ 5.11.1. 6.11 I. 11.4.3 Substantial Completion-GC:nification of .,............ 14.8 Substantial Completion-definition of . . . . . . . . , . . . . . . . . . .. I Substitute or "Or-Equal"ltems .........'.............. 6.7 I Subsurface Conditions ... . . . . . . . . . . . . . . . . . . . . . . . . ., 4.2-4.3 Supplemental costs ...,............................. 11.4.5 Supplementary Conditions-definition 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 Documents ..,..,.....,... 3,4-3.5 I Supplier-definition of , , , . , . . ., . . . . . . , . . . .,. .. , . . . , .. . . .. 1 Supplier-principal references to ,.. 3.6. 6.5. 6.7~,9. 6.20. 6.24.9.13.9,16.11.8. 13.4. 14.12 Surety-consent to payment........,....,..., 14.12. 14.14 I Surety-Engineer has no duty to ".,....,............ 9.13 Surety-notice to .......................... 10.1. 10.5. 15.2 Suretv-aualification of ........................... 5.1-5.2 I Sus~ndi~g Work. by Owner......................... 15.1 Suspension of Work and Termination-in genera! ..,.,.. 15 Superintendent-Contractor's ,........................ 6.2 Supervision and Superintendence ...,.,..,.,....,.. 6.1-6.2 I Taxes-Payment by Conuactor .. . .. .. .. . ... . .. . .. . ... 6.15 Termination-by Contractor.......................... 15,5 Termination-by Owner,.,..,................,.. 15.2-15.4 I Termination, 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. Contract-definition of . ',' , . .. .. . . .. . . . , . . . . . . .. . .. I Uncovering Work .,.,.."..."................., 13.8-13.9 Underground Facilities-definition of .............,...,.. 1 Underground Facilities-not shown or indicated.,.., 4.3.2 Underground Facilities-protection of ,.......... 4.3.6.20 Underground Facilities-shown or indicated..,.,.", 4.3,1 Unit Price Work-definition of ....,.....,....."........ 1 Unit Price Work-general ................. 11.9. 14.1. 14,5 Unit Prices .....,........................,..,.,..... 11.3.1 U nit Prices. Determinations for.. . .. .. .. .. . .. .. . .. .... 9,10 Use of Premises ................................, 6. 16-6. 18 Utility owners .......................... 6.13.6.20. 7.2-7,3 Values. Schedule of ......................... 2.6.2.9. 14,1 Variations in Work-Authorized...".,...,. 6.25.6.27.9,5 Visits to Site-hy Engineer ""...,........,......"... 9.2 Waiver of Claims-on Final Payment"..,.,.,..."., 14,16 Waiver of Rights by insured panies ..",."",,' 5,10.6,11 Wamlnty and Guarantee-by Contractor .""....".. 13 ,1 Warranty of Title. Contractor's ....................... 14.3 Work. Access to ..,.".................,....,.".,',. 13.2 Work-byothers ",..................,...............,.. 7 Work Continuing During Disputes .,..",..,.."...,.. 6.29 Work. Cost of .,.............................,... 11.4-11.5 Work~efinition of ............,............,........... 1 Work Directive Change-definition of .."....,.."...,., 1 Work Directive Change-principal references to ............................ 3.4.3. 10.1-10.2 Work. Neglected by Contractor "....,.,.,..,..,.... 13,14 Work. Stopping by Contractor......................., 15.5 Work. Stopping by Owner, .. .. .. ....... ....' , ,,, 15.1-15,4 Written Amendment-definition of ..,.,..",.,.".",.,' I Written Amendment-principal references to ..,................., 3.4,1. 10,1. 11.:. 1:.1 6 I I GENERAL CONDITIONS rTICLE I_DEFINiTIONS, Wherever used in these General Conditions or in the other lontract Documents the following terms have the meanings dicated which are applicable to both the singular and plural ereof: 'ddenda-Written or graphic instruments issued prior to the pening of Bids which clarify. correct or change the bidding ocuments or the Contract Documents, IRreemf'l/t- The written agreement between OWN ER and ONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made lpart thereof as provided therein. pplicatioll fiir Paymellt- The form accepted by ENGI- ~EER which is to be used by CONTRACTOR in requesting ~ogress or final payments and which is to include such sup- orting documentation as is required by the Contract ocuments. lIBid- The offer or proposal of the bidder submitted on the ~rescribed form setting forth the prices for the Work to be performed. IBOlldS-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 Ion or after the Effecti\'e Date oj the Agreement. CO/llrc/ct Docu/l/l!llts- The Agreement. .-\ddenda (which per- tain to the Contract Documents). CONTRACTOR's Bid II including documentation accompanying the Bid and any post- Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement. the Bonds, I these General Conditions, Ihe Supplementary Conditions, Ihe Specifications and the Drawings as the same are more spe- cifically identified in the Agreement. together with all amend- ments, modifications and supplements issued pursuant 10 I paragraphS 3A and 3.~ tIn or after the Effective Date of the Agreement. C umrt/ct Pricf'- The moneys payable by OWN ER to CON- I TRACTOR under the Contract Documents as stated in the Agreement [subject to Ihe provisions of paragraph 11.9.\ in Ihe case of Unit Price Work!. I COlltract Ti/l/('- The number of days (computed ,IS provided in paragraph 17.21 or the date stated in the ,-\greement for the compklion of the Worl;., I CONTRACTOR-The ~rson, tirm or corporation with whllm OWNER has entered into the .-\greemenl. I defectil'e-An adjective which when modifying the word Work refers to Work Ihat is unsatisfactory, faulty or deticient. or does nol conform 10 the Contract Documents. or does not meet the requirements of any inspection. reference standard. test or approval referred to in the Contract Documents. or has been'damaged prior to ENGINEER's recommendation affinal payment (unless responsibility forthe protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.101. DrC/ll'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 rejerred to in the Con- tract Documents. EfJe('til'/! Dare of the A,/(reemellt- The date indicated in the Agreement on which it becomes effective. but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver, E,VGINEER- The person. firm or corporalion named as such in the Agreement. Field Order-A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time, Gmeral Requirements-Sections of Division 1 of the Speci- fications. Lall's and Regulatiuns: Lall's or Regulations-Laws. rules. regulations. ordinances. codes and/or orders, Nvtice vf ,-\II'ard-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and dc:ii\'er the :\greement. .\i(ltice (U Procf'ed-A written notice given bv OWNER to CONTRACTOR (with a copy to ENGINEERl ti:<ing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to ~erform CONTRAC- TOR'S obligations under the Contract Documents, OWNER-The public body or authority, corporation. asso- ciation, linn or person with whom CONTRACTOR has entered into the ,-\greement :md for whom the Work is to be provided. Parrilli lJtili:mioll-Placing a portion oj the Work in ser\'ice for the purpose for which it is intended (or a related purpose) before reaching Substantial Complelion jor all the Work. P/'(~;ect- The total construction of which the Work to be provided under the Contract Documents may be the whole. llr a part as indicated elsewhere in the Contract Documents, R,'sidf'1II Pro;('('t Reprf'.H'llIlllil'f'- The aUlhorized represen- t,Hive of E~GINEER who is assigned to the site or any part I hereof. 7 I I Shop Drawings-All drawings. diagrams. illustrations. I schedules and other data which are specifically prepared by or for CONTRACfOR to illustrate some portion of the Work and all illustrations. brochures. standard schedules. perfor- mance cbarts. insuuctions.-diagnlms and other information I prepared by a Supplier and submitted by CONTRACfOR to illustrate material or equipment for some portion of the Work. Sp~cifications- Those ponions of the Contract Documents I consisting of written technical descriptions of materials. equipment. const!"Uction systems. standards and workman- ship as applied to the Work and cenain administrative details applicable thereto. I Subcontractor-An individual. firm or corporation having a direct contract with CONTRAcrOR or with any other Sub- I contractor for the performance of a part of the Work at the site. Substantial Compl~tio~ 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 pan) can be utilized for the purposes for which it is intended; or if there be no such cenificate issued. when final payment is due in accordance with paragraph 14.13. The I terms "substantially complete" and "substantially com- pleted.. as applied to any Work refer to Substantial Comple- tion thereof. I Supplementary Conditions-The pan of the Contract Docu- ments which amen4s or supplements these General Condi- tions. I Supplier-A manufacturer. fabricator. supplier. distributor, materialman or vendor, I 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 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 I Unit Price Work-Work to be paid for on the basis of unit prices, I Work-The entire completed construction or the various sep- arately identifiable pans thereof required to be furnished under the Contract Documents, Work is the result of per- forming services. furnishing labor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contract Documents, I I Work Directive Change-A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommenaed 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 panies as to its effect. if any. on the Contract Price or Contract Time as provided in paragraph 10.2. Writt~n Amendment-A written amendment of the Contract Documents. signed by OWNER and CONTRACfOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2-PRELlMINARY MATIERS Deu"ery of Bonds: 2.1. When CONTRACfOR delivers the executed Agree- ments to OWNER. CONTRAcrOR shall also deliver to OWNER such Bonds as CONTRAcrOR may be required to furnish in accordance with paragraph 5.1. Copies of Docrune1llS: 2.2. OWNER shall furnish to CONTRAcrOR up to ten copies (unless otherwise specified in the Supplemenw-y 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, CommencemefU of Contract Time: l\iotice to Proceed: :!.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed, A Notice to Proceed may be given at any time within thiny 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 thinieth day after the Effective Date of the Agreement. whichever date is earlier, Suuting the Project: 2.4. 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 Starting Construction: 2.5, Before undenaking each pan of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown 8 I I thereon and all applicable field measurements. CONTRAC- TOR shall promptly repon in writing to ENGINEER any conflict. error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby: however. CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to repon any conflict. error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. I I I 2.6, Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for review: I I 2,6.1, an estimated progress schedule indicating the staning and completion dates of the various stages of the Work: I 2.6,2. a preliminary schedule of Shop Drawing sub- missions: and I 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component pans in sufficient detail to serve as the basis for progress payments during construction, Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in \...'riting by CONTRACTOR at the time of sub- mission, I I 2,7, Before any Work at the site is staned. CONTRAC- TOR shall ddiver to OWNER. with a copy to ENGINEER. cenificates land other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in Jccordance with paragraphs ),) and 5,~, and OWNER shall deliver to CONTRACTOR cenificates land other evidence or insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5,6 and 5,7, I I I P~construclion Conference: 2.8. Within twenty days after the Effective Date oi the Agreement. but before CONTRACTOR stans the Work at the site. a conlerence attended by CONTRACTOR, E~GI- NEER :lOd \lIhers as appropriate will be held to discuss Ihe schedules ret'erred to in paragraph 2.6, to discuss proccdun:s for handling Shop Drawings and other submittals and for processing Applications lor Payment. and to establish a working understanding among the panies as to the Work, I I I Finali:Jng Schedules: 2.9. .-\t least ten days before submission of the first .-\ppli- cation for Payment ,I conference atteOl.lt:d by CONTRAC- TOR. ENGI;-.iEER and others as appropriate will be held to !inaliLe the ~..:heduks submitted in accordance wilh para- I I graph 2,6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neither impose, on ENG INEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance, ARTICLE 3-CONTRACT DOCUMENTS: INTE;.JT, AMENDING. REUSE 1 ntlnt: 3,\, The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2, It is the intent of the Contract Documents to describe a functionally complete Project (or pan thereoO to be con- structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for, When words which have a well-known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals orcodes of any technical society. organization or association. or to the Laws or Regulations of any governmental authority. whether such reference be specific or by implication. shall mean the latest standard specification. manual. .;ode or Laws or Regulations in etTect at the time of opening of Bids lor. on the Effective Date or the Agreement if there were no Bids), except as may be otherwise specifically stated. However. no provision of any referenced standard specification. manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER. or any of their conSUltants, agents or employ- ees from those set fonh in the Contract Documents. nor shall il be effective to ,l.ssign to ENGINEER. or any of E;.JGI- 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 10 undertake responsi- bility contrary to Ihe provisions of pamgraph 9.15 or 9.16, Clarifications and interpretations of the Contract Documents shall be issued by E;.JGINEER as provided in paragraph 9.4, 3,3, If. during the performance of the Work, CONTRAC- TOR finds a conrti~t. error or discrepancy in the Contract Documents. CONTRACTOR shall so repon to ENGINEER in writing at once and before proceeding with the Work atTected therebv shall obtain a written inlerpret:llion or c1<lrirication 9 I I from ENGINEER: however. CONTRACTOR shall not be Ele to OWNER or ENGINEER for failure to repon any ict. error or discrepancy in the ContraCt Documents ess CONTRACTOR had actual knowledge thereof or should reasonably have'lmown thereof. Lnding and Supp/.emellling ConlTaCl Documenu: 3.4. The Contract Documents may be amended to pro- life for additions. deletions and revisions in the Work or to ~ifY the terms and conditions thereof in one or more of the following ways: I 3.4.1. a formal Wrinen Amendment. 3.4.2. a Change Order (pursuant to paragraph 10.4), lor 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). Is indicated in paragraphs 11.1 and 11.1. Contract Price and ~ontract Time may only be changed by a Change Order or a Written Amendment. 13.5. In addition. the requirements of the Contract. Docu- ments may be supplemented. and minor variations and devia- I'ons in the Work may be authorized. in one or more of the Uowing ways: 3.5.1. a Field Order (pursuant to paragraph 9.5), I 3,5.1. 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 9.4), reuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur- ~i.shing any of the Work under a direct or indirect contract ith OWNER shall have or acquire any title to or ownership 'ghts in any of the Drawings, Specifications or other docu. ments (or copies of any thereof) prepared by or bearing the leal of ENGINEER: and they shall not reuse any of them on xtensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written .'"fiealiOn 0' adaptalion by ENGINEER. ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL I CONDITIONS: REFERENCE POINTS A vaiUtbjJiJy of lAnds: 1 4.1. OWNER shall furnish. as indicated in the Contract Documents, the lands upon which the Work is to be per- formed. rights-of-way and easements for access thereto, and I . . such other lands which are designated for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If 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 Anicle 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 CondiliDns: 4.1.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those repons of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents, CONTRACTOR may rely upon the accuracy of the technical data contained in such repons. but not upon nontechnical data. interpreta- tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes, Except as indi. cated in the immediately preceding sentence and in para- graph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents, CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, 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 CONTRA.C. TOR believes that: 4,2.3,1, any technical data on which CONTRAC. TOR is entitled to rely as prov.ided in paragraphs 4.:.1 and 4,2,: is inaccurate. or 4.2.3,1, any physical condition uncovered or revealed at the site differs materially from that indi. cated. reftected 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 6,221. notify OWNER and ENGINEER in writing about the inaccuracy or difference. 10 I I ~.:!,4. ENGINEER's Re\'ie\\': ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWf\i ER in writing I with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. I I 4.2.5. POJJihle Document Chanrte: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required. a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference, I I 4.2,6. Possihle Price Clnd Time Adju,wI/ems: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereof. will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof. a claim may be made therefor as provided in Articles i I and 12. I I I Physical C ondilions-C nderground F acilirUs: 4,3.1, Sholl'n or Indicated: The information and data shown or indicated in the Contract Documents with respcct to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or 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 4,3.1.1, OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and, I ~,3.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents, for coordina- tion of the Work with the owners of such Underground Facilities during construction. for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price, I I I ~.3,2. Not Sholl'n or Indicl/ted. If an Underground Facility is uncovered or revealed at or contiguous 10 the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could nOI reason. ablv have been expected to be aware of. CONTRACTOR shall. promptly after becoming aware thereof and before performing any Work affected thereby (except in an emer- gency as permitted t1V paragraph 6.221. identify the owner of such U ndergrounJ Facility and give written notice thereof to that owner and III OWNER and ENGINEER, ENGI- :'oJ E ER will promptl\' review the L: nderground Facility to I I I determine the extent to which the Contract Documents should be modified to reflect and document the conse- , quences of the existence of the Underground Facility. and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6,20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time. or both, to the extent that they are attributable to the e"<istence of any Underground Facility that was not shown or indiqlted in, the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. Refennce Points: ~,~, OWNER 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 INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish pert'ormance and pay. ment Bonds, each in an amount at least equal 10 the Contract Price as security for the faithful pert'ormance and payment oi all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in etTect at least until one year aft~r the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary c..Jndi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 570 (amended) by the Audit StatT Bureau of Accounts. U ,S. Treasury Depanment. All Bonds signed by an agent muSl be accompanied by a certirled copy of the authority to act. 5.2. If the surety on any Bond furnished by CONTR,-\C- TOR is declared a tlankrupt or becomes insolvent or its right tu do business is lerminated in any state where any pan of II I I the Project is located or it ceases to meet the requirements l paragraph 5.1. CONTRACTOR shall within five days ereafter substitute another Bond and Surety. both of which ust be acceptable to OWNER. ' lolltnlCtor'.s LiDbiJily Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is tproPriate for the Work being performed and furnished and will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's perfor- lance and furnishing of the Work and CONTRACTOR's cher obligations under the ContraCt Documents. whether it s to be performed or furnished by CONTRACTOR. by any Subcontractor. by anyone directly or indirectly employed by ry of them to perform or furnish any of the Work. or by ryone for whose acts any of them may be liable: I 5,3.1. Claims under workers' or workmen' s compen- sation. disability benefits and other similar employee ben- efit acts: I 5.3.2. Claims for damages because of bodily injury. occupational sickness or disease. or death of CONTRAC- TOR's employees: I 5.3.3, Claims for damages because of bodily injury. sickness or disease. or death of any person other than CONTRACTOR's employees: I 5,3.4. Claims for damages insured by personal injury liability coverage which are sustained tal by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or (bl by any other person for any other reason: I 5.3.5. Claims for damages. other than to the Work itself. because of injury to or destruction of tangible prop- eny wherever located. including loss of use resulting therefrom: I I 5.3.6, Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to propeny: 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 limits of liability and coverages provided in the Supplemen- Itary Conditions. or required by law, whichever is greater, The comprehensive general liability insurance shall include completed operations insurance, All of the policies of insur- ance so required to be purchased and maintained (or the I certificates or other evidence thereoO shall contai~ a provi- sion or endorsement that the coverage afforded WIll not be cancelled. materially changed or renewal refused until at least I thiny days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacing defurivt' Work in accordance with paragraph 13.12. In addition. CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Colll7'adU4l LiDbility I nslU'tUlCe: 5.4. The comprehensive general Liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. Owrur'.s LUzbility InslU'tUlCe: 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, Pro/Hrry 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 Regulationsl. 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 panies. shall insure against the perils of fire and extended coverage and shall include "all risk." insurance for physical loss and damage including theft. vandalism and malicious mischief. collapse and water damage. and such other perils as may be provided in the Supplementary Conditions. and shall include damages. losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured propeny (including but not limited to fees and charges of engineers. architects, attorneys and other professionalsl. If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar property insurance on po~ions of the Work stored on and off the site or in transit when such ponions of the Work are to be included in an Application for Payment. 5,7, OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR. Subcontractors, ENGINEER AND ENGINEER's consultants in the Work. all of whom shall be listed as insured or additional insured partieS, 12 I I 5,8. All the policies of insurance lor the certificates or other evidence thereot) required to be purchased and main- I tained by OWNER in accordance with paragraphs 5,6 and 5,7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been I given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2, I 5,9, OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interc::sts of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the I 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 I amounts. each may purchase and maintain it at the purchas- er's own expense, 5.10, If CONTRACTOR requests in writing that other I 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- I 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 Waiver of Rights: 5.11,1, OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, ENGI- :'-JEER, E:-.JGI:-.lEER'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 extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise pay- able under any policy so issued, I I I I 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 con- tain prOVisions 10 the dTeet that in the event of payment of any loss or damage the insurer will have no rights 1.11' rel.:o\'ery against any of the parties named as insureds I.lr additional insureds, and if the insurers require separate \\"3iver forms 10 be signed by ENGINEER or ENGI- ~EER's CllllSultant O\V:'-JER willl.lbtain the same. and If I I I such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same, Receipt and ApplU:alion of Proceeds: 5,12. Any insured loss under the policies of insurance required by paragraphs 5,6 and 5,7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds. as their interests may appear. subject to the require- ments of any applicable mortgage clause and of paragraph 5,13, OWNER shall deposit in a separate account any money so received. and shall distribute it in accordance with such agreement as the parties in interest may reach, If no other special agreement is reached the damaged Work shall be repaired or replaced. the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power, If such objection be made. OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach, If required in writing by any party in interest. OWNER as trustee shall. upon the occurrence of an insured loss. give bond for the proper per- formance of such duties. Acceptance of Insurance: 5,14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reql.:ired to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents. OWNER shall notify CON- TRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2,7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5,6 and 5,7 on the basis of their not, complying with the Contract Documents, CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2.7. OWN ER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial L'tili:.ation-Properry Insurance: 5.15, If OWNER tinds it necessary to occupy or use a portion or portions of the Work prior to Substanlial Cumple- lion of all the Work, such use or occupancy may be al.:com- plished in ,1Cl.:ordanc.: with paragraph 14.10: provided that no 13 I I such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby, The insurers providing the property insur- ance shall consent by endorsement on the policy or policies. but. the property insurance shall not be cancelled or lapse on account of any such panial use or occupancy. I I I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES I Su,nrvision and SuperillUnUnce: 6.1, CONTRACTOR shall supervise and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expenise as may be necessary to perfonn the Work in accordance with the Contract Doc- uments, CONTRACTOR shall be solely responsible for the means. methods. techniques. sequences and procedures of construction. but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means. method. technique. sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents, I I I I 6.1. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall 'have authority to act on behalf of CON- TRACTOR, All communications given to the superintendent shall be as binding as if given to CONTRACTOR. I I I lAbor. MaurUzls and Equipm~nt: 6.3. CONTRACTOR shall provide competent. suitably qualified personnel to survey and layout the Work and per- fonn construction as required by the Contract Documents, CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents. all Work at the site shall be perfonned during regular working hours. and CONTRACTOR will not pennit overtime work. or the perfonnance of WorK on Sat- urday. Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER, I I I I 6.4. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment. labor. transportation. construction equipment and machinery, 1001s. appliances, fuel. power. light. heat. telephone. water, sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing. perfonnance, testing. stan-up and completion of the Work. I I 6.5. All materials and equipment shall be of good quality and new. except as otherwise provided in the Contract Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied. installed. con- nected. erected. used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will be effective to assign to ENGINEER. or any of ENGINEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or perfonnance of the Work or any duty or author- ity to undertake responsibility contrary to the provisions of panlgraph 9,15 or 9.16. Adjusting Progress Scluduk: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2,9) adjust- ments in the progress schedule to reflect the impact thereon of new developments: these win confonn generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. SubsliIuzes or "Or-EqlUll" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a panicular 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 pennitted. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient infonnation is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR, If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof. certifying that the proposed substitute will perform ade- quately the functions and achieve the results called for by the general design. be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection , with the Work is subject to payment or any license ree or 14 I I royalty, All variations of the proposed substitute from that specified will be identified in the application and available maintenance. repair and replacement service will be indi- cated, The application will also contain an itemized esti- mate of all costs that will res'ult directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractors affected by the resulting change. all of which shall be considered by ENGINEER in evaluating the'proposed substitute, ENGINEER may require CONTRACTOR to furnish aI.CONTRACTOR's expense additional data about the proposed substitute. I I I 6,7.2, If a specific means. method, technique. sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. sequence, technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents, The procedure for review by ENGINEER will be similar to that orovided in paragraph 6.7.1 as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements, I I I I 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute, ENGI- NEER will be the sole judge of acceptability. and no substitute will be ordered. installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing, OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute, ENGINEER will record time required by ENGINEER and ENGINEER's consultants in eva:uating substitutions proposed by CONTRACTOR dnd in making changes in the Contract Documents occasioned therebv, Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute, I I I I I Concerning 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 ENGINEER as indi- cated in paragraph 6,8,2), whether initially or as a substi- tute. against whom OWNER or ENGINEER may ha\'e:: reasonable objection, CONTRACTOR shall not be required to employ any Subcontractor, Supplie::r or othe::r person llr organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objectil1n. 6.::1.2. If the Supplementary Conditions re::quire the:: identitv of ce::nain Subcontractors, Suppliers llr other per- sons or llrganizatil1ns I including those:: who are:: to furnish the princip:t1 items of materials and equipment) to be sul'l- milled 10 OWN ER in advance of the specified date prior to the: Err..:cri\'e:: Dat<: of [he Agreeme:nt for accqltance: ~\' I I I I I OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. OWN ER's or ENG IN EER' s accept- ance (either in writing or by failing to make written objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents I of any such Subcontractor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed, No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGI- NEER to reject defect;I'e Work, 6,9, CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions, Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization. nor shall it create any obligation on the pan of OWNER or ENGINEER to payor to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be pen'ormed by any specific trade. 6.11. :\11 Work pe:rformed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate: agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5,11, CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12, CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident 10 the use in the pe::rfor- mance of the Work or the incorporation in lhe:: Work llf any invention. design. process. product or device:: \l'hich is the: sul'l,ie::ct of patent rights l)(' copyrights helJ I'll' llthas, If a . panicular invention. design. process, product or de\'ice is specified in the Contract Documents for use in the perfor- mance of the Work and iftlllhe actual knowleJge: of OW "I ER 15 I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others. the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless 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 coun and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention. design. process. product or device not specified in the Contract Documents. and shall defend all such claims in connection with any alleged infringement of such rights. I I I I I P e1"1ftUs: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR. when necessary. in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable at the time of opening of Bids. or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections to the Work. and OWNER shall pay all charges of such utility owners for capital costs rela1ed thereto such as plant investment fees. I I I I Laws aNi RegulDlions: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations, I I 6.14.2, If CONTRACTOR observes that the Specifi. cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3,4, If CONTRACTOR performs 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 I Ta:J:es: I 6.15, CONTRACTOR shall pay all sales. consumer. use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the I place of the Project which are applicable during the perfor- mance of the Work. Un of PnmUl!s: 6.16. CONTRACTOR shall contine 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 petformance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall. to the fullest extent permitted by Laws and Regulations. indemnify and hold OWNER and ENGINEER harmless from and against all claims. damages. losses and expenses (including. but not limited to. fees of engineers. architects. attorneys and other professionals and court and arbitration costs) arising directly. indirectly or consequentially out of any action. legal or equi- table. brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's petfonnance of the Work. 6.17, During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials. rubbish and debris from and about the premises as well as all tools. appliances. construction equip- ment and machinery. and surplus materials. and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any 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 DocUnlellls: 6.19, CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Written Amendments. Change Orders. Work Directive Changes. Field Orders and written interpretations and claritications (issued pursuant to paragraph 9.41 in good order and annotated to show all changes made during con- struction, These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference, Upon com- 16 1 .1 pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER, 1 Safety and Protection: I 6,20. CONTRACTOR shall be responsible for initiating. maintaining and supervising all safety precautions and pro- grams in connection with the Work, CONTRACTOR shall take all necessary precautions for the safety of. and shall I provide the necessary protection to prevent damage. injury or loss to: I 6,20,1. all employees on the Work and other persons and organizations who may be affected thereby: I 6,20.2. all the Work and materials and equipment to be incorporated therein. whether in storage on or off the site: and I 6.20,), 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 CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the I safety of persons or property orto 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 Underground Facilities and utility owners when prosecution of the Work may afTect them. and shall cooperate with them in the pro. tection, removal. relocation and replacement of their prop- erty, :\11 damage. injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly. in whole or in part, by CONTR.-\CTOR. any Subcontractor. Supplier or any other person or organization directly or indi- rectly employed by any of them to pertorm or furnish any oi the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specific;ltions or to the acts or omissions of OWN ER or ENGINEER or anyone employed by either of them or anyone for whose ;lCts either of them may be liable. and not attributable. directly or indi- rectl\". in whole or in part, to the fault or negligence of CO:--;. TR.-\'CTORl. CONTRACTOR's duties and responsibilities for the safety and prote~tion of the Work shall continue until such time as all the Work is completed and ENGI;..lEER has issued a notice to OWN ER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work is acceptable I except as otherwise expressly provided in connection with Substan- tial Completionl. I 1 I 1 I I I 6.: I. CONTRACTOR shall designate a resp~'nsible rep- resenUlI\'c al the 'ille whose uut\' \hall be [he prc:\entilln "t' aCCidents. This person shall be CONTR,-\CTOR's superin- tendent unless otherwise designated in writing by CO~- TR.-\CTOR tll OW'l ER. I I Emergencies: 6,22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or authorization from ENGINEER or OWNER. is obligated to act to prevent threatened damage. injury or loss, CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from [he Contract Documents have been caused thereby. If ENGI- NEER determines that a change in the Contract Documents is required because of the action taken in response to ,an emergency. a Work Directive Change ,or Change Order will be issued to document the consequences of the changes or variations, Shop Drawings and Samples: 6.23, After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para-' graph 2,91. or for other appropriate action if so indicated in the Supplementary Conditions. five copies (unless otherwise specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission, All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities. dimen- sions. specified peIformance and design criteria. materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24, CONTRACTOR shall also submit to E'lGINEER for review and approval with such promptness as to cause no delay in Work. all samples required by {he Cuntract Doc- uments, All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as [0 material. S4Pplier. pertinent data such as catalog numbers and the use for which intended', 6.25,1. Before submission of each Shop Drawing or sample CONTRACTOR shall ha\'e determined and veri- fied all quantities. dimensions, specified performance cri- teria. installation requirements. materials. catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shup Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2, ,-\[ the time ~If each submissiun, CONTRAC- TOR shall give E:'-JGlNEER 'ipel:iric \\fitten nOlic~ ufeach variation that [he Shop Drawings or samples may have from the requirements ~lr the C~lOtract Documents. and. in addililln, shall caus.: a snecilic notation to be made lln 17 I I each Shop Drawing submitted to ENGINEER for review and approval of each such variation. I 6.26. ENGINEER will review and approve with reason. able promptness Shop Drawings and samples, but ENGI- I NEER's review and approval will be only for confonnance with the design concept of the Projcct and for compliance with the infonnation given in the Contract Documents and shall not extend to means. methods. techniques. sequences or procedures of constrUction (except where a specific means. method. technique. sequence or procedure of constrUction is indicated in or required by the Contract Documents) or to safety precautions or programs incident,thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER. and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous subminals. I I I I 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's anention to each such variation at the time of submission as required by paragraph 6.15.1 and ENGINEER has given wrinen approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval: nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.15.1, I I I I 6.28. Where a Shop Drawing or sample is required by the Specifications. any related Work pen'onnea pnor to ENGI. NEER's review and approval of the pertinent submission will be the sole expense and responsibility oi CONTRACTOR, I I Colllinuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER, No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as pennitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherw1se'agree in writing. I I J ruUmnijkDJUm: 6.30. To the fullest extent pcnnitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold hannless OWNER and -ENGINEER and their consultants. agents and employees from and against all claims, damages, losses and expenses. direct. indirect or consequential (including but not limited to fees and charges of engineers. architects. attorneys and other professionals and coun and arbitration costs) aris- ing out oi or resulling irom the performance of the Work. I I I provided that any such claim. damage. loss or expense (al is attributable to bodily injury. sickness. disease or death. or to injury to or destrUction of tangible propeny lother 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 Wone or anyone for whose acts any of them may be liable. regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party, 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultants. agents or employees, by any employee of CONTRACTOR. any Subcontractor. any person or organization direCtly or indirectly employed by any of them to perfonn 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 or~tion under woneers' 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. ageots or employees arising out of the preparation or approval of maps, drawings. opinions. reports. surveys. Change Orders. designs or specifications. ARTICLE 7-OTHER WORK Rewed Work at Site: 7,1, OWNER may perfonn other work related to the Proj- ect at the site by OWNER's own forces. have other work perfonned by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these, If the fact that such other work is to be perfonned was not noted in the Contract Documents. wrinen notice thereof will be given to CONTRACTOR prior to starting any such other work: and. if CONTRACTOR believes that such perfor- mance 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 Anicles 11 and 12. 7,2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER. if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opponunity for the introduction and storage of materials and equipment and the execution of such work. and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting. fining and patching of the Work that may be required to make its several parts come together properly and integrate with such other work, CON- 18 I I TRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected, The duties and responsibilities'of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWN ER and such utility owners and other contractors, I I I 7.J. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner lor 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 execution and results, CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. I I I C oordinalion: 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 activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized. and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination, I I I I ARTICLE 8-0WNER'S RESPONSIBILITIES I 8.1. OWNER shall ,issue all communications to CON- TRACTOR through ENGINEER. I g.:, In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta- tuS under the Contract Documents shall be that of the former ENGINEER, Any dispute in connection with such appoint- ment shall be subject to arbitration. I I g.J. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13, I 8.4, OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set tarth in paragraphs 4,1 and 4.4, Par;)- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of repons of explorations and tests of,ub'lIr1'~ce conditions at the site and in existing stmc- I I tures which have been utilized by ENGINEER in preparing the Drawings and Specifications, g,5, OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth , in paragraphs 5,5 through 5,g, g,6, OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. g.7, OWNER's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph IJ.4. g,g, In connection with OWNER's right to stop Work or suspend Work. see paragraphs lJ,lOand 1),1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances, ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Owner's Represent/llive: 9,1. ENGINEER will be OWNER's representative dur- ing the construction period, The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Sile: 9.2, ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe 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. E;--.IGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work, ENGINEER's dforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents, On the basis of such visits and on-site observations as an experienced and qualified design, profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work, Project Representarion: 9,J, If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWN ER ;)[ [he site who is not ENGINEER's agent or employee, the Juties, responsibilities and limitations of authority of such other Derson will he as provided in the Supplement~rv Comiitillns, 19 I I ClDrijicJJtions an.d Inurpreuuions: 9,4. ENGINEER will issue with reasonable promptness such wrinen clarifications or interpretations of the require- ments of the Coatract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary. which shall be consistent with or reasonably inferable from the overall intent of the Contnet Documents. If CONTRACTOR believes that a wrinen clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the panies are unable to agree to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article II or Anicle 12. I I I I A IIlhoriud Yariations in WorA:: 9,5, ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER. and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the panies are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article II or 12. I I I I Rejecting Defective WorA:: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defecrive. and will also ha ve authority to require special inspection or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated. installed or completed, I I Shop Drawings, Clulnge Orden and Payments: 9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive, I I 9,8, In connection with ENGINEER's responsibilities as to Change Orders. see Articles 10. II and 12. I 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment. etc.. see Anicle 14. I Deurmi1UUions for U niJ Prices: 9,10, ENGINEER wiU determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR EN G IN EER' s preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Application for Payment or otherwise), ENGI- N EER' s written decisions thereon will be final and binding upon OWNER and CONTRACTOR. unless. within ten days after the date of any such decision. either OWNER or CON- TRACTOR delivers to the other pany to the Agreement and I I I to ENGINEER wrinen notice of intention to appeal from such a decision. Decisions on DisplllU: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims. disputes and other maners relating to the acceptability of the Work or the intell'retation of the requirements of the Contract Documents penaining to the performance and furnishing of the Work and claims under Anic1es 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. which ENGINEER will render in writing within a reasonable time. Written notice of each such claim. dispute and other matter will be delivered by the claimant to ENGINEER and the other pany to the Agreement promptly (but in no event later than thiny days) after the occurrence of the event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other pany within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascenain more accurate data in suppon of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9,11 with respect to any such claim. dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14,16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other matter. Limiuuions on ENGINEER's Responsibililies: 9,13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENG INEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor, any Supplier. or any other person or organization performing any of the Work. or to any surety for any of them, 9.14. Whenever in the Contract Documents the terms "as ordered". .. as directed". .. as required", .. as allowed". .. as approved" or terms of like effect or import are used. or the adjectives "reasonable". .. suitable". "acceptable". "proper" or "satisfactory" or adjectives of like effect or impon are used to describe a requirement. direction. review or judgmentrof 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 I 9,15. ENGINEER will not be responsible for CON- TRACTOR's means. methods. techniques. sequences or pro- cedures of construction, or the safety precautions and pro- grams incident thereto, and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents, I 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 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 the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided), I I 10.:, If OWNER and CONTRACTOR are unable to agree as to the extent. if any. of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change. a claim may be made therefor as provided in :\,rticle II or :\rlJcle 12. I I 10,3. CONTRACTOR shall not be enlitJed to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended. modified and supple- mented as provided in paragraphs 3.4 and 3,5. except in the case of an emergency as provided in paragraph 6.:: and except in the case of uncovering Work as provided in para- graph 13.9. I I lOA, OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: I lOA. I. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1. are required because 0f acceptance of Jl!jt-('ril'e Work under paragrapn 13, l.~ \.1r correcting ,t.:/t-cr;I'1! Work under paragraph 13.1'+. 0r are :Jgreed to b\' the parties: I I IOA.2, changes in the Contract Price or C0ntract Time which are agreed to hv the parties: and I 10.4,3, changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9,11: provided that, in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CON. TRACTOR shall carry on the Work and adhere to the prog- ress schedule as provided in paragraph 6,29, 10.5, If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Timel is required by the provisions of any Bond to be given to a surety. the giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly, ARTICLE II-CHANGE OF CONTRACT PRICE 11,1. The Contract Price constitutes the total compen- sation (subject to authorized adjustmentsl payable to CON- TRACTOR for performing the Work, All duties, responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirtv days) after the occurrence of the event giving rise to the ~Iaim and stating the general nature of the claim, N0tice 0f 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- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9,11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. :-10 daim for an adjustment in the C0ntract Price will be valid if not submitted in accordance with this paragraph 11.2, 11.3. The value 0f any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11,3.1. Where the Work involved is covered by unit prices contained in the C0ntract Documents. by applica- tion ot' unit prices to the quantilles 01 the items inv01veu (subject to the provisions of paragraphs 11,9, I, through 11.9.3. inclusivel. 21 I I 11.3.2. By mutua! acceptance of a lump sum (which I 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 pa.rasraPhs 11.6 and 11.7). lost of the Work: 11.4. The term Cost of the Work means the sum of all losts necessarily incurred and paid by CONTRACTOR in he 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 locality of the Project. shall include only the following items and shall ot include any of the costs itemized in paragraph II,S: 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 I and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apponioned on the basis of their time spent on the Work. Payroll costs shaH include. but not be limited to, salaries and wages I 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- I 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- I day, Sunday or legal holidays. shall be included in the above to the extent authorized by OWNER, 11,4.2. Cost of all materials and equipment furnished I and incorporated in the Work. including costs of trans- ponation and storage thereof. and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds I with CONTRACTOR with which to make payments. in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and all returns I from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained, I 11,4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors, If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- I 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 I Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee. the SubcontractOr'S Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost oi the Work, All subcontracts shall be subject I 22 to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to'engineers. architects. testing laboratories. sur- veyors. attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proponion of necessary transpona- tion. travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. 11.4.5.2. Cost. including transponation and main- tenance. of all materials. supplies. equipment. machin- ery. appliances. office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the propeny of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER. and the costs of transponation. loading. unloading. installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment. machin- ery or pans shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4, Sales. consumer. use or similar taxes related to the Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations, 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR. any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable. and royalty payments and fees for permits and licenses, 11.4.5,6, Losses and damages (and related expenses). not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of propeny insurance established by OWNER in accordance with paragraph 5,9). pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER, No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee, If. however. any such loss or damage I .1 requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2, I 1 11.4.5.7. The cost of utilities. fuel and sanitary facilities at the site, I 11.4.5.8. Minor e.~penses such as telegrams, long distance telephone calls. telephone service at the site, expressage and similar petty cash items in connection with the Work, I 11.4,5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9, I 11,5. The term Cost of the Work shall not include any of the following: I 11,5.1. Payroll costs and other compensation of CON- TRACTOR's officers. executives. principals (of partner- ship and sole proprietorships). general managers. engi- neers, architects. estimators. attorneys. auditors, accoun- tants, purchasing and contracting agents. expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4,1 or specifically covered by paragraph 11.4,4- all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. I I 1 1 11.5.2. Expenses pf CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the slle. I 11.5,3. A,ny part otCONTRACTOR's capital.:xpens.:s. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. I 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required tw the Contract Documents to purchase and maintain the same t except for the cost of premiums covered bv sut>- paragraph 11.4,),9 ;IDOVe). I I 11.5,5. Costs due to the negligence of CONTRAC- TOR. any Subcontr:l.:tor, or anyone directly or indirectly employed by any of i~.:m or for who~e acts any of them may hc liahle ;r..:I'idin!; but not limited to. the correction of "I:'/(>( ;:, ': 'llr\..:. Jispos,d l,t" matcriah or equipment wronglv ~ll, ,,! ;', .: ...,ak:ng goml any dam~lge to prop- erty. I I 11.5.0. Other overhead or general expense costs of an\' kind and the costs of any item not specifically and e\oresslv included in paragraph 11.4, I CONTRACTOR's Fee: 11,6, The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11,6,1: a mutually acceptable fixed fee: or if none can be agreed upon, 11,6,2. a fee based on the following percentages of the various portions of the Cost of the Work: 11,6,2.1. for costs incurred under paragraphs It 04.1 and 11.4.~, the CONTRACTOR's Fee shall be fifteen percent: 11.6.;!,;!, for costs incurred under paragraph 11.4.3, the CONTRACTOR's Fee shall be f.ve percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6,2.3, no fee shall be payable on the basis of costs itemized under paragraphs 1104.4. 11.4.5 and 11.5: 11,6.2,4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by a11 amount equal to ten percent of the net decrease: and 11.6,2.5. when both additions and credits are involved in anyone change. the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6,;!,( through 11.6.2.4, inclusive. 11. i, Whenever the cost 01 any Work is [0 be determined pursuant to paragraph 11.4 or 11.5. CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data, Cash Allowances: 11,8, It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER, CONTRACTOR agrees that: 11,8,1. The allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv- ered at the site. and all applicable taxes: Jnd I UC. CONTRACTOR's \:osts for unloading and handling on the site. lanor. installation costs, overheJd. profit and other expenses contemplated for the allowances have been includcd in [he Contract Price and not in (he 23 I I allowances. No demand for additional payment on account of any thereof will be valid. I Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances. and the Contract Price shall be correspond- ingly adjusted. I I Unit Price Wort: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit.Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work arc not guaranteed and arc solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 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 I 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Article II if the panics an: unable to agree as to the amount of any such increase. I I I ARTICLE 12-CHANGE OF CONTRACT TIME I 12.1, The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shonening of the Contract Time shall be based on written notice delivered by the pany making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supponing data shall be deliv- ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascenain more accurate data in suppon of the claim) and shall be accom- panied by the claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time I I I I shalJ 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 nme will be valid if not submined in accordance with the requirements of this paragraph 12.1. 12.2. The Contract nme 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 fires. floods. labor disputes. epidemics. abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents arc of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers. architects. anorneys and other professionals and court and arbitration costs) for delay by either party, ARTICLE 13-W ARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORREcrION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK. Wamuuy an.d GlUUTlllUe: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be defective, Prompt notice of all defects shall be given to CONTRAC- TOR, All defective Work. whether or not in place. may be rejected. corrected or accepted as provided in this Anicle 13. Acc:as to Wort: 13.2. ENGINEER and ENGINEER's representatives. either representatives of OWNER. testing agencies and gov- ernmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation. inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access, Tests an.d 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 pan 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 cenificates of inspection. testing or approval. CONTRACTOR shall also 24 I I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON- TRACTO R' 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 specified), I I I 13.5, All inspections. tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGI?'<EER if so specified). I I 13,6. If any Work (including the work of others) that is to be inspected. tested or approved is covered without written concurrence of ENGINEER. it 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 ENGINEER has not acted with reasonable promptness in response to such nOtice, I I 13,7, Neither observations by ENGINEER nor inspec- tions. tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents, I I Uncovering Work: 13 ,8. If any Work is covered contrary to the written requeSt of E~GINEER, it must. if requested by ENGI~EER, be unco\ered for ENGINEER's observation and replaced at CONTRACTOR's expense, I I 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR. at ENGINEER's request. shall uncover, expose or otherwise make available for observation. inspection ~r testing as ENGI:S EER may require. that portion of the Work in question. furnishing all necessary labor. material and equipment. If it is found that such Work is d~fi!cri\'(', CONTRACTOR shall bear all direct. indirect anJ ~onsequential costS of such uncovenng, e.\pu- sure. observation. inspection and teSting and of satisfactory reconstruction. (incluJing but not limited to fees and charge,s of engineers, Jrchiteets. attorneys and other professionals), and OWN ER shall be entitled to an appropriate Je..:rease in the Cuntract Price. anJ, if the panies are unable to agree as to the amount thereof. may make a claim therefor a,; provided in Artlclt: II. If. hll\\ e\ er. "lIeh \',","'1\ is not fl1unJ to t'le dl!f('('ri\'c. CO:"TRACTOR ~hall be ~llIu\\'eJ an lO~rease in the Cllntract PI"i_'_ ," ..,1 C\iCn~llln of the Cuntra..:t Time, l'r both, Jin:ctly attl'll'lItabl.: Lv such un..:uvering. cxposlIre. observation, inspectiun, testing and reeunstructil1n: and, if thc panies arc lInablt: IU agree as III the amollnt llr extent I I I I I I thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12, Owner May Stop the Work: 13,10, If the Work is defectil'e, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment. or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRAcrOR to s~op the Work. or any portion thereof. until the cause for such order has been eliminated: however, this right of OWNER to stop the Work shall not give rise to any duty on the pan of OWNER to exercise this right for the benefit of CONTRACTOR or any other pany, CoTTtction or R~moval of Defective Work: 13.11. If required by ENGINEER. CONTRACTOR shall promptly, as directed. either correct aU 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 Correction Period: 13,12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defectil'e. CONTRACTOR shall promptly, withOUt cost to OWNER and in accordance with OWNER's written instructions, either correct such ddeclil'e Work, or, if it has been rejected by OWNER. remove it from the site and replace it with lIonde/ecr;I'e Work, If CONTRACTOR does not promptly comply with the terms of such instructions. or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defectil'e Work cor- rected or the rejected Work removed and replaced, and all direct. indirect and consequential costs of such removal and replacement (including but nOt limited to fees and charges of engineers. architects. attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correclion period for that item may start to run from an earlier date if so provided in the Speeirications or by Written Amendment. .4ueptance of Defective Work: 13.13, If. instead uf requiring correction ur removal and replacement of clct;'clil'(' Wurk. OWN ER land, prior 10 ENGIN EER 's recommenJalion uf final payment. also ENGIN EERI prefers to accept it. OWNER may do so, CON- TRACTOR ~hall bear all direct. indirect and consequential ~5 I I costs attributable to OWNER's evaluation of and determi- nation to accept such lhf~ctiv~ Wort (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 professionaJsl. If any such acceptance occurs prior to ENGINEER's recommendation of final payment..a Change Order will be issued incofl)Orating the necessary revi- sions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the panies are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Anicle 11. If the acceptance occurs after such recommendation. an appropriate amount will be paid by CONTRACTOR to OWNER. I I I I I OWNER May Cornet Defecti~ Work: 13.14, If CONTRACTOR fails within a reasonable time after wrinen notice of ENGINEER to proceed to correct and to correct def~ctive Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13 .11, or if CONTRACTOR fails to perform the Wort in accordance with the Contract Documents. or if CON- TRACTOR fails to comply with any other provision of the Contract Documents. OWNER may. after seven days' writ- ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or pan of the site, take possession of all or pan of the Work, and suspend CON- TRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances. construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's represen- tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct. indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged ap,inst CONTRACTOR in an amount approved as to reasonableness by ENGINEER. and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price,' and. if the' panies are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11, Such direct. indirect and consequen- tial costs will include but not be limited to fees and charges of engineers. architects. attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defective Work, CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of the Wort attributable to the exercise by OWNER of OWNER's rights and remedies hereunder, I I I I I I I I I I I I ARTICLE I4-PA YMENTS TO CONTRACTOR AND COMPLETION ScMtb.tU of Valilu: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. ApplWlliDn for Progrus PayfMru: 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 tilled 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 OW1':lER has received . the materials and equipment free and clear of all liens. charges. security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate 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 Wanunty ofTilU: 14,3, CONTRACTOR warrants and guarantees that title to all Work. materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not. will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applictzlions for Prognss PayfMru: 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 re"uested in an Application for Payment will constitute a 26 I I representation by ENGINEER to OWNER. based on ENGI- NEER's on-site observations of the Work in progress as an experienced and qualified design professional and on ENGI- NEER's review of the Application for Payment and the accompanying data and schedLiles that the Work has pro- gressed to the point indicated: that. to the best of ENGI- NEER's knowledge. information and belief. the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion. to the results of any subsequent tests called for in the Contract Documents. to a final determination of quantities and classifications for' Unit Price Work under paragraph 9.10. and to any other qualifi- cations stated in the recommendation): and that CONTRAC- TOR is entitled to payment of the amount recommended, However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus- tive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specil1cally assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR, I I I I I I I 14,6. ENGINEF:R's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14,13 have been fulfilled, I I 14,7, ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion. it would be incorrect to make such representations to OWN ER, 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 paymenr preVIOusly recommended. to such extent as may be necessary in ENGINEER's opinion 10 protect OWNER from loss because: I I 14,7,1. (he Work is defecri\'e. or completed Work has been damage~ requiring correction or replacement. I 14.7.1, the Contract Price has been reduced by Writ- len Amendment or Change Order. I 14,7.3. OWNER has been required to correct defe!'- rl\'e Work or com pie Ie Work in accordance with paragraph 13.14,or I 14.iA. or' ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15,2.\ through 15.2,9 inclusive. I OWN ER may refuse (0 make payment of the full amount recommended by ENGINEER because claims have been made againsl OWNER on a\:\:ount ol"CONTRACTOR's pc:r- formance or furnishing of the Work or Liens have been filed in conneclion with Ihe Work or [here are olher items entitling I I OWNER to a set-off against the amount recommended. but OWNER must give CONTRACTOR immediate wrillen notice (with a copy to ENGINEER) stating the reasons for such action. SubstantiDJ Completion: 14.8, When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the Slatus of completion. If ENGINEER does not con- sider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion, There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If. after considering such objec- lions. ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If. after consideration of OWNER's objections, ENGINEER considers the Work substantially complete. ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER, At (he time oi delivery of the tentative certificate of Substantial Completion ENG I- N EER will deli ver to 0 WN ER and CO NTRACTO R a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety, maintenance, heat. utilities. insurance and warranties, Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior 10 ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14,9. OWNER shall have [he right (0 .:xclude CON- TRACTOR from the Work after the date of Substantial Com- plt:tion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the t.:ntative list. Partial L'tili:.ation: 14.10, Use by OWNER of any finished part of the Work, which has specifically be.:n identified in (he Conlract Do.:u- 27 I I ments. or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and use able I part of the Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's performance of the remainder of the Work. may be accomplished prior to Substantial Completion of all the Work subject to the follow- ling: I 14.10.1. OWNER at any time may request CON- TRACTOR in writing to pennit OWNER to use any such pan of the Work which OWNER believes to be ready for its intended use and substantially complete, If CON- TRACTOR agrees. CONTRACTOR will cenify to OWNER and ENGINEER that said pan 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 pan of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to 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 ENGINEER considers that part of the Work to be substantially complete. the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto, I I I I I I 14.10.2. OWNER may at any time request CON- TRACTOR in writing to pennit OWNER to take over operation of any such pan of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time there- after OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety, maintenance, utilities, insur- ance. warranties and guarantees forthat part of the Work which will become binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEERl. 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 I I I 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of propeny insurance. FinlIllnspcction: 14.11. Upon wrinen 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 panicu1aTs in which this inspection reveals that the Work is incomplete or d~fecliv~, CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. F inlIl AppUaztion for PaymclIl: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instrUctions. schedules. guaran- tees. Bonds. certificates of inspection. marked-up record documents (as provided in paragraph 6,19) and other docu- ments-all as required by the Contract Documents. and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16). CONTRACTOR may make application for final payment following the pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract Documents. together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish receipts or releases in full: an affidavit of CON- TRACTOR that the releases and receipts include all labor. services. material and equipment for which a Lien could be filed. and that all payrolls. material and equipment bills. and other indebtedness connected with the Work for which OWNERorOWNER's property might in any way be respon- sible. have been paid or otherwise salisfied: 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. Fin4l Payment and Accepumce: 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 wrinen notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. 28 I I Otherwise, ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- c,llion. Thiny days after presentation to OWNER of the Application and 'accompanying documentation. in appropri- ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability. the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR, I I I 14,14, If. through no fault of CONTRACTOR. final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms. OWNER shall. upon receipt of CON- TRACTOR's final Application for Payment and recommen. dation of ENGINEER. and without 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 consent of the surety to the payment of the balance due for that ponion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions g~:)V- erning final payment. except that it shall not constitute a waiver of claims, I I 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 final payment by ENGINEER. nor the issuance of a cer- tificate of Substantial Completion. nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor an\' use or occupancy of the Work ur any part thereof b\' OWNER. nor any act of acceptance by OWNER nor any failure to do so. nor any review and approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of defectil'e Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14,16), I I I I I Wai~'er of Claims: 1.+.16. The making and acceptance u( nnal pa\'ment will constitute: I I 1'+,16.1. a waiver of all claims b\' OWNER against CO~TR.-\CTOR. except claims arising from unsettled Liens. from ,h)(>('{i\"(' Work appearing after tinal inspec, tilln pursuant 10 paragraph 1'+,11 or from failure III compl\ \\ tto th.: (' untract D,lcumenls or the terms of an\' special guarantees specified therein: however. it will nll! consti- lute a \\ai\'er h\' OWNER uf 010\' rights in rcspcct \If I I CONTRACTOR's continuing obligations under the Con- tract Documents: and 14,16,2, a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writ- ing and still unsettled, ARTICLE IS-SUSPENSION OF WORK AND TERMINATION Owntr May SuSptnd 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 will fix the date on which Work will be resumed, CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. Owntr Ma.v Termi1UUe: IS,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. U oited States Code). as now or hereafter in effect. or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency: 15.2,2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing. or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency.: 15.~.3, if CONTRACTOR makes a general assignment for the benefit of creditors: 15.2A. if a trustee. receiver. custodian or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointment or authority to take charge of property or' CONTRACTOR is for [he purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors: IS,2.5. if CONTRACTOR admits in writing an inabil- ity to pay its debts generally as (hey become due; IS,2,6. if CONTRACTOR persistently fails to perform (he Work in ac~ordance with the Contract Documents ~9 I I (including. but not limited to. failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time): I I 15.2.7. if CONTRACI'OR disregards Laws or Regu. lations of any public body 'having jurisdiction: 15.2.8, if CONTRACI'OR disregards the authority of ENGINEER: or I 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments: ' I OWNER may. after giving CONTRACI'OR (and the surety. if there be one) seven days' written notice and to the extent I permitted by Laws and Regulations. terminate the services of CONTRAcrOR. exclude CONTRAcrOR from the site and take possession of the Work and of all CONTRAcrOR's tools. appliances. construction equipment and machinery at I the site and use the same to the full extent they could be used by CONTRAcrOR (without liability to CONTRACTOR for trespass or conversion). incorporate in the Work all materials I and equipment stored at the site or for which OWNER has paid CONTRAcrOR but which are stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRAcrOR shall not be entitled to receive any I further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct. indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers. architects. attar. I neys and other professionals and coun and arbitration costs) such excess will be paid to CONTRAcrOR. If such costs exceed such unpaid balance. CONTRAcrOR shall pay the difference to OWNER. Such costs incurred by OWNER will I 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 the lowest price for the Work performed, I I I 1.5.3. Where CONTRAcrOR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACI'OR then existing or which may thereafter accrue. Any retention or payment of ' moneys due CONTRAcrOR by OWNER will not release CONTRAcrOR from liability, 1.5.4. Upon seven days' written notice to CONTRAC. TOR and ENGINEER. OWNER may. without cause and without prejudice to any other right or remedy. elect to aban- don the Work and terminate the Agreement. In such case. CONTRAcrOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. which will include. but not be limited to. direct. indirect and con. sequential costs (including. but not limited to. fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs). ConlnlCtDr May Stop Work or TenrrintlU: 15..5. If. through no act or fault of CONTRAcrOR. the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority. or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted. or OWNER fails for thirty days to pay CONTRAcrOR any sum finally deter- mined to be due. then CONTRAcrOR may. upon seven days' written notice to OWNER and ENGINEER. terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement. if ENGINEER has failed to act on an Appli. cation for Payment or OWNER has failed to make any pay- ment as aforesaid. CONTRAcrOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRAcrOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. . [The remainder of this page was left blank intentionally.] I I I 30 I I I I I I I I I I I I I I I I I I I ARTICLE 16--ARBITRATION 16.1 All claims, dispu~es and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu- ments or the breach. thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. (The remainder of this page was left blank intentionally.) 31 I I I I I I I I I I I I I I I I I I I (This page was left blank intentionally.) 32 I I ARTICLE 17-MISCELLANEOUS I Giving Notice: 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 firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail. postage prepaid. to the last business address known to the giver of the notice. I I Complllation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computa- tion. I I 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 agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17,3 shall ,not. be construed, as a substitute for or a waiver of the pro- visions of any applicable statute of 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 is.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder. are in addition to. and are not to be construed in any way as a limitation of. any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations. by special warranty or guarantee or by other provisions of the Contract Documents. and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty. obliga- tion, right and remedy to which they apply. All representa- tions. warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. 33 I I I I I I I I I I I I I I I I I I I SUPPLEMENTARY CONDITIONS 1.1 OWNER'S LIABILITY & PROPERTY INSURANCE: section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by Augusta-Richmond County for this project. Current insurance coverages will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY: As indicated under section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than $500,000 on 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 Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.3 SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Augusta-Richmond County Road System. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. SC-1 I .1 I I I I I I I I I I I I I I I I I 1.4 TESTING LABORATORY: All testing and laboratory work in connection therewith shall be performed by an independent firm and paid for by the Contractor. Copies of all test reports shall be forwarded to Augusta-Richmond County Public Works. There will be no separate payment for this work. 1.5 SURVEYS: The Contractor will provide surveying for, construction staking, horizontal control and vertical control as necessary. 1.6 PROGRESS PAYMENT: section 14.2 of the General Conditions shall be amended as follows: The contractor may submit monthly estimate for work completed and materials properly stored as approved by the Engineer. When an estimate includes materials stored, a bill of sale, invoice or other documentation warranting that the Owner is receiving the material free and clear of all liens, charges, security interest and other encumbrances shall be attached to the payment request. 1. 7 ENGINEER: All references to "Engineer" shall be interpreted to mean the Augusta-Richmond County Engineer, or his official designee. 1.8 UNDERGROUND UTILITIES: (References 4.3, 1.4, 3.2) The Contractor shall coordinate with all utility companies through the "one call" method or other appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the Contractor's work. (Reference 6.20) 1.9 SAFETY: 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 II ~ I ~ __I SECTIONP PROPOSAL Date: ~y ~ 8, /f9{; , Gentlemen: I In compliance with your invitation for bids dated , 19___, the undersigned hereby proposes to furnish all labor, equipment, and materials, and to perform all work for the installation of streets, and appurtenances referred to herein as: . - '. Wheeless Road Drainage Improvements Project Number: 55-8562 -I in strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached hereto and totaling: h6 4A.XJ~~LJ hJ="TV ~N.e kSANO kA'7YSGOrG1.J , DOLLARS ($ 559, ~37. 35 ) . ~% / .I JI . 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. _.1 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 175 calendar days. -. c.1 The undersigned acknowledges receipt of the following addenda: =It/5-23-9(P .,. Respectfully Submitted II ~ ;1j;.&S &6/;l6RJ C"iSrAJ {; -4t:.. (Name of Firm) . 9'}oJ1!oUv iJtYUl:JRo4tJ. i/U~USI~ ?;,. 309<'1 . , (Bus1ness Address) BY:~~~' Title: Vc.e- ?R~SILJE,N( : o..iII ;-;-iiii ;,:- '.- - - ::1 - ;;; P-1 - I, I I I I I I I I I I I I I I I I I I To remain progressive in this computer oriented age Augusta- Richmond County is making the blank spreadsheet of bid items and quantities available via diskette. It is necessary to have a Lotus based spreadsheet program with the WYSIWYG application to access this tool. In order to obtain a copy, proof of purchase of the bid package must be provided and either a 3.5 inch or 5.25 inch diskette supplied. The spreadsheet will then be copied onto YOUR diskette at no additional charge by Cheryl Nelson in the Finance Department, Room 211 of the Municipal Building. A hard copy of all bid document pages must be turned in for bid as before along with proper bonding. The diskette is NOT a substitute for the bid quote and is NOT to be turned in for the bid quote. P-2 I I I I I I I I I I I I I I I I I I I WHEELESS ROAD DRAINAGE IMPROVEMENTS PROJECT NUMBER: 55-8562-134 DETAILED ESTIMATE 05128196 08:44:03 AM UNIT ITEM NO. DESCRIPTION UNIT QTY PRICE AMOUNT 150-1000 TRAFFIC CON1ROL LUMP 1 $7,500.00 $7.500.00 163-2051 CONS1R & N1A.IN BALED STRAW tEROSION CHECK LNFT 100 $2.50 $250.00 171-0010 TEMPORARY SILT FENCE. TYPE A LNFT 400 $1,26 $504.00 204-0001 CHANNEL EXCA V (DITCH @ STA. 0+00 TO ST A. 1 +00) LUMP 1 $2.000.00 $2.000.00 207-0203 FOUND BKFILL MA TL. TP 2 CUYD 800 $15,97 $12.776.00 230-1000 LUMP SUM CONS1RUCTION '" LUMP 1 $60,697.00 $60 697.00 303-1128 SAND CLAY BASE CL A. 8 IN SOYD 3.800 $2.25 $8.550.00 318-3000 AGGR SURF CRS TON 480 $10.72 $5.145,60 402-0116 RECYCLED AS PH CONC H, GP 1 OR 2. INCL BlTUM MA TL & H, LIME TON 300 $43.10 $12,930,00 402-0120 RECYCLED ASPH CONC BASE, GP 1 OR 2, INCL BITUM MA TL & H. LIME TON 900 $38,00 $34.200.00 402-1811 RECYCLED ASPH CONC LEVELING, INCL BITUM MATL TON 125 $42.00 $5.250,00 413-1000 BlTUM TACK COAT GAL 400 $1.05 $420.00 441-0016 DRIVEWAY CONCRETE. 6 IN TK SOYD 80 $18.55 $1.484,00 441-0104 CONC SIDEWALK. 4 IN TK 5 ft SOYD 780 $15.36 $11.980,80 441-6022 CONC CURB & GUTTER. 6" x30". TP 2 LNFT 1.300 $8.50 $11.050,00 500-3800A CL A CONC INCL REINF STEEL (INLET HEADWALL FOR 88" x 54" PIPE - MODIFY GA DOT STD. 1125) LillvrP 1 $4.250.00 $4,250.00 500-3800B CL A CONC INCL REINF STEEL (RETAINING WALL FOR POND OUTLET S1RUCTURE) CUYD 21 $450.00 $9.450,00 '. 550-1150 STaRN! DRAIN PIPE. 15 IN. H 1-10 RCP LNFT 10 $81.85 $818,50 550-1720 STORL\1 DRAIN PIPE. 72 IN. H 1-10 RCP LNFT 410 $155.40 $63.714.00 550-2999 88" x 54" ARCH PIPE. RCP H 1-10 LNFT 1.020 $230,00 $234.600,00 603-0006 STONE BLA1'OCET PROTECTION 6 IN SOYD 400 $5.15 $2,060.00 P-3 ~ AIA Document A312 GA 101103500 Performance Bond Any singular reference to Contractor, Suret y, Owner or other part y shall be considered pi ural where applicable. CONTRACfOR (Name and Address): MABUS BROTHERS CONSTRUCT I ON CO., I NC, 920-B MOLLY POND RD. AUGUSTA, GA 30901 SURETY (Name and Principal Place of Business): UNIVERSAL SURETY OF AMERICA P.O,BOX 1068 HOUSTON, TX 77251-1068 OWNER (Name and Address): AUGUSTA-RICHMOND COOUNTY COMMISSION-COUNCIL 1115 MARVIN GRIFFIN ROAD AUGUSTA, GA 30901 CONSTRUCfION CONTRACf Date: Amount: $559> 037,35 Description (Name and Location): WHEELESS ROAD ORA I NAGE IMPROVEMENTS PROJECT #: 55-8562-134 BOND Date (Not earlier than Construction Contract Date): Amount: $559,037,35 Modifications to this Bond: CONTRACfOR AS PRINCIPAL Company: (Corporate Seal) MABUS BROTHERS CONSTRUCT I ON CO., I NC. Signat",e~~~ Name and Title:. _ o~A1.Y ~ liS, 11; J? (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER:P A LME R & CAY I CARSWE L L, I NC , 3333 CUMBERLAND CIRCLE, SUITE 500 ATLANTA, GA 31139 (404) 953-9002 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for tbe performance of the Construction Contract, wbich is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Suret y and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3,1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below tbat the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contruc- tion Contract. If the Owner, tbe Contractor and the Surety agree, the Contractor shall be allowed a reason- SURETY 5026 (6-92) SG-1852/EP 6/94 Page 1 of 2 ~ None o See Page 2 SURETY Company: . UN I VERS:4'L~URETY (CorPorate Seal) I ~_ : Signature: ~ ~ ',~ ; Name an Tit 'e: JAMES ..:..: ~ ~f" ATTOR Y N FACT ", r. _<. ~ ~ . -' ,."'. ""..... OWNER'S EPRBSENTA TIVE (Archited,.'0hg1.~eer ol'other party): able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequentl y to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formall y terminated the Contractor's right to com- plete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3,3 The 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 perform the Contruction Contract in ac- cordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: PRINTED IN U,S,A, , , 4,1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion contract itself, through its agents or through independent contractors; or 4,3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Con- tract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under tbe circumstances: ,1 After investigation, determine the amount for whicb it may be liable to tbe Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify tbe Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to tbe Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner, If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses tbe payment tendered or the Surety has denied liability, in wbole or in part, without further notice the Owner shall be entitled to enforce any remedy available to tbe Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if tbe Suret y elects to act under Subparagraph 4,1, 4.2, or 4.3 above, then the responsibilities of tbe Suret y to the Owner shall not be greater tban those of tbe Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To tbe limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Suret y is obligated without duplication for: 6. 1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragrapb 4; and 6,3 Liquidated damages, or if no liquidated damages are specified in tbe Construction Contract, actual dam- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Suret y shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to tbe Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 Tbe Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in tbe 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 after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the juris- diction of the suit shall be applicable, 1 0 Notice to the Suret y , the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutor y or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 1 2 DEFINITIONS 12, 1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been . made, including allowance to the Con- tractor 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 Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto, 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay tbe Contractor as required by the Construction Contract or to perform and complete or comply witb the otber terms thereof. (Space is provided below for additional signatures of added parties, other tban those appearing on the cover page.) CONTRACfOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: . Name and Title: Address: Signature: Name and Title: Address: SG-1852/EP 6/94 Page 2 of 2 AlA Document A312 Payment GA 101103500 Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACfOR (Name and Address): MABUS BROTHERS CONSTRUCTION CO., INC. 920-8 MOLLY POND RD. AUGUSTA, GA 30901 SURETY (Name and Principal Place of Business): UNIVERSAL SURETY AMERICA P.O, BOX 1068 HOUSTON, TX 77251-1068 OWNER (Name and Address): AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL 1115 MARVIN GRIFFIN ROAD AUGUSTA, GA 30901 CONSTRUCTION CONTRACT Date: Amount: $ 559,037.35 Description (Name and Location): WHEELESS ROAD ORA I NAGE IMPROVEMENTS PROJECT #; 55-8562-134 BOND Date (Not earlier than Construction Contract Date): Amount: $559,037.35 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) MABUS BROTHERS CONSTRUCTION CO" INC. Sign',",e;~~ Name and. . itle:~ . '6~h'I' 8us, II, "P (Any addItional sIgnatures appear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER:PAlMER & CAY ICARSWEll, I NC. 3333 CUMBERLAND CIRCLE, SUITE 500 ATLANTA, GA 31139 (404) 953-9002 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 furnished for use in the perfor- mance 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,' Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2,2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Contractor and the Suret y (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 Suret y, and provided there is no Owner Default. SURETY 5026 (6-92) SG-1853/EP 6/94 ~ None o See Page 2 SURETY Company: UNIVERS (Corporat'e. Se~p ~~-; :; -- - - ..... ,.: ..:: ~ ",,' ~~ ~ Signature: Name and l' e', ATTORN Y IN FACT OWNER'S PRESENTATIVE (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 indirectl y, for all sums due. 4 The Suret y shall have no obligation to Claimants under this Bond lmtil: 4.' Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial aCCllrac y, the amount of the claim. 4,2 Claimants who do not have a direct contract with the Contractor: " Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and Page 1 of 2 PRINTED IN U.S.A, ~ .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid direct! y or indirect! y; and ,3 Not having been paid within the above 30 days, have sent a written notice to the Suret y (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Suret y, that is sufficient compliance, 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6,1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed, 6,2 Payor arrange for payment of any undisputed amounts. 7 The Suret y 's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety, 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under tbis Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions, 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- able to sureties as a defense in the jurisdiction of the suit shall be applicable, 12 Notice to the Suret y, 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 sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond, 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15,1 Claimant: An individual or entit y having a direct contract with the Contractor or with a sub- contractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Con- tract. The intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's sub- contractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15,2 Construction Contract: The agreement between the Owner and the Contractor identified on the signa- ture page, including all Contract Documents and changes thereto. 15,3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: SG-1853/EP 6/94 Page 2 of 2 GENERAL POWER OF ATTORNEY. CERTIFIED COPY 1.1 I ,I i' UNIVERSAL SURETY OF AMERICA P.O. BOX 106R -Houston, Texas 77251-1068 I p",,~ I'l.mlr, GA 101103500 Know AU Men by These Presents, Th:lt UNIVERSAL SURETY OF AMERICA, a corporation duly organized and exi~ting under the law!! of the Staee of Texa,~. atld having its princip31 office in Hou~ton, TCXll.~. does by these presenu make, constitute <1tId appoint I James R. Williams its tnJe and lawful AUomey(s)-in-Fact. with full power and authority hc~by conferred in its name. place and stead. to execute, acknowledge and deliver bClnds for: , Principal: Mabus Brothers Construction Co., Tnc. Obligee: Augusta-Richmond County Commission-Council I Amount: 5559.037.35 <: u c:z:::: t:I.J ::; <: t.I.. o >- ~ UJ c:z:::: :;:) CI:l ~ <: en ~ {""J,J > Z ~ "Be It Resolved. that the President. and any Vice President. Sl:crclary or any Anistant Secretary shall be and is hereby ve~ted with fulll'l)w<:r and authority to appoint anyone or more suitable persons as Altorney(s)-in-Fact to represent and IIct for and on behalf of the Company." c= and to bind the compMy thereby as fully and to the same extent a.~ if such bonds "fcre signed by the President sealed with the corporate seal of the :z: company and duly attested by its seaetary. herehy ratifyins and confinning aU that the said Attorney(s)-in-Fact may do within the ~ve staLed _ limitations, Said apfIOintmc:nt is made under and by authority of the following r~ollJtion adopled by the Board of Directors of Universal Surety of <: America at a meeting held on the 11th day of July, 1984, I:"r:l ~ r.n > t""" "RESOL YED th:u. the signtlturc of any officer of the corporation. and the seal of the corporation may be affixed or printed by f:IC~imilie to any VJ power of attorney of the corpor:u.ion. and that such printed f~imilie signature lltId seal .hall be valid and binding upon the ClJrpCJratilln:' c:::: ';Id m ~ In Witness Whereof, Universal Surety of America has \:lIused these presents to be signed b}' its Preo;ident. John Knox. Jr, and Its -< corporate !leal to be hento affIXed Ibis 15th day of April. A.D.. 1995., . .,'. ',~ 0 . , " '. .,.,;t"] I Slate of TexliS -.',,""'Vln1u,....'"- ... ..1l"Cr,. ..... , ,.-......- '\ i..~~. -.,.. \ f~i \~~ ! 11>' .3D_ \:;11 ..;;:;; -. ...f ~..., '(Ia\ .' J .,........'-' ,.. _~.t4"" UNIVERSAL SURETY OF AMERICA ~ ~;;:: - --r--. \?\. --pt4-:i. )0 01. )r, . "A" ~~ ~.;> ~'. ,,3::: ~~~~~ .:&1 :,' ~~ ~-.. ~ ~ ,'" - .< n > P~sido:m I I I I I I I I GIVEN under my hand and the .eal of said company, al Houston. reus, thi~ _ day of , 19_. I I ~ &~- l ""7 ".c.:o< S"",,,, I _____,::~o~ ~f:~ ~~~: ~r~h;~:w;';; '~'F"::~:O; ~113~7:2:n=a:____J !l'l: County of Harris On thi~ 15th day of April, In tbe year of 1995. before me Rhonda K. Wlll\e. a notary public. personally appeared John Knox, Jr.. pel"SOftaUy known to be the per.r;on who executed the ',ithin instrument as Pl'esident, on behalf or the corpul'1llion therein named and acknowr~~ed to me that the corporation executed if. ,,~wIiIo(..,.~ I~:.;.\,liii;:~ :~*~.. 3 ; " \ \~"t .,..J ~/ @Il K 2JJ/I; XClQry Puhlic I. the undersigned Sect'CL'U)' of Univerul Surety of America. hereby cenify that the above and foregoing is a full. true and correct copy uf the Original Power of Attorney is~ued by ~aitl Company. and do hereby further ec.:rtify th<ll the said Power of Attorney is still in affect. :. '. ,. ..... ~ ,. -.... - . _......__ .." A ... - < .. .. ---~-~-- - ..--....... .... - - . . . . . , ' DATE (MMIDDIYY) 07/11/96 PRODUCER Palmer & Cay of Georgia, Inc. P. O. Box 724028 Atlanta, GA 31139-1028 TIllS CERTlFlCATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RlGIITS UPON THE CERTlFlCA TE HOLDER, TIUS CERTIF1CA TE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE L CIES E OW COMPANIES AFFORDING COVERAGE COMPANY A Transcontinential Ins, Co, INSURED COMPANY Mabus Brothers Construction Co 92O-B Molly Pond Road Augusta GA 30901 B Transportation Ins, Co. COMPANY c COMPANY D ::::~m:::::::m::::::::!!:!!!:;:::::!!!!!!I::::;!:::::::!!!!:::;::::r:!::!!rmm::::::::;:::::::::::::::::::::!:!:::::::::!:!::,!::!:,:r:::::::::::::::::::::!;:::!::!::::::::::::::::::::::::I::!::::::::::::::::::r;::::::::::::::::::;;::!::r:::::::::::::!:::!:r::::::::':::::'::::':;:::::::;::::::::r:::::::rrr:J:::::I::r::::::::::::::::::::::::::::::::::;:::rr:::::::::::::::::::::::::::::::::::::::::r:::::::::J:r::::r:::::::::!::::::::::::::r: TIUS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO wmCH TIllS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF, POLICY EXP. DATE (MMlDDIYY) DATE (MMIDDfYY) LLI\fITS A GENERAL LlABIUTY COMM, GENERAL LIABILITY CLAIMS MADE [i] OCCUR OWNER'S &< CONTRACT'S PR<IT C130240706 6/30/96 6/30/97 GENERAL AGGREGATE PROD-COMP/OP AGG, PERS. &< ADV, INJURY EACH OCCURRENCE FIRE DAMAGE(Ono Flre) MED EXP(Aoy <me~) COMBINED SINGLE LIMIT AUTOMOBILE L1ABIUTY B X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS NON-OWNED AUTOS C 130240723 6/30/96 6/30/97 1000ooo BODILY INJURY (Per ~) BODILY INJURY (Per ac:cldmt) PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO EXCESS LlABIUTY B X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY C130240737 6/30/96 AUTO ONLY -EA ACCIDENT <ITHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE 6/30/97 3000ooo 3000ooo B WC130240740 6/30/96 6/30/97 X STATlITORY LIMITS EACH ACCIDENT DISEASE-POLlCY LIMIT DISEASE-EACH EMPL, THE PROPRIETOR! PARTNERSIEXECUTIVE OffiCERS ARE: INCL EXCL 50??oo 50??oo 50??oo OTHER DESCRlYfION OF OPERA TIONSILOCA TIONSlVEillCLESISPECIAL ITEMS PROJECT: 55-8562-134 WHEELESS ROAD DRAINAGE IMPROVEMENTS AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL 1115 MARVIN GRIFFIN ROAD AUGUSTA, GA 30901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITIEN NOTICE TO THE CERTIFlCA TE HOWER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH N<ITICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY G OR REPRESENTATIVES. AUTHORIZED REPRES T '::::AOOiW?g~r:"'. '1f,:::::(::,:,:::,":::::::::::"':':""(':(':((:":::(((:'((,(({'::(((::(:\::::,\'(,\i::" .(::{::\\::"':::'::(::::\\::(='::",:':i ,.""", PRODUCER 11IIS CERTInCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONfERS NO RlGUJ'S UPON THE CERnnCATE BOLDER.11IIS CERTIFICATE DOES Nor AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE B W Palmer & Cay of Georgia, Inc. P. O. Box 724028 At1anta.. GA 31139-1028 COMPANIES AFFORDING COVERAGE INSURED COMPANY A Transcontinential Ins. Co. COMPANY Mabus Brother! ConstrUction Co 92()"B Molly Pond Road Augusta GA 3090 1 B Transportation Ins. Co. COMPANY c COMPANY D 11IIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW BA VE BEEN ISSUED TO THE INStlJlED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOI'WI11ISTANDING ANY REQU1RE.MENI', TERM OR CONDmON OF ANY CONTRACT OR 01'HER DOCUMENT WITB RESPECT TO WlDCH nus CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSVJlANCE AFFORDED BY THE POUCIES DESCJlJBED BEREIN IS SlIB1ECT TO ALL THE TERMS, EXCLUSJONS AND CONDmONS OF SUCH POUCIES. LIMITS SHOWN MAY BA VE BEEN REDUCED BY PAID CL.UMS. co LTR TYPE OF INSURANCE POUCY NUMBER POUCY EFF. DATE (MMIDD/YY) POUCY EXP. DATE (MMJDD/YY) LIMITS A GENERAL UABIUTY COMM. GENERAL UABIUTY CL.UMS MADE Ij]OCCUR CI30240706 6/30/96 6/30/97 GENERAL AGGREGATE PROD-COMP/OP AGG. PERS. '" ADV. IN1URY EACH OCctlRRENCE FIRE DAMAGE(Ooe flre' MED ItXP(Aay ODI penoo' COMBINED SINGLE LIMIT B CI30240723 6/30/96 6130/97 1000ooo BODILY INlURY (Per penao) BODILY INlURY (Pw ..admI) PROPERTY DAMAGE 6/30/96 AurO ONLY-EA ACCIDENT 01'HER THAN AtrrO ONLY: EACH ACCIDENT AGGREGATE EACH OCctlRRENCE AGGREGATE ~~@!ljftrltt@l~rjl}t@ B CI30240737 6/30/97 300000O 3000ooo B WC130240740 6/30/96 6/30/97 X STATITrORY LIMITS EACH ACCIDENT DISEASE-POUCY LIMIT DISEASE-EACH EMPL ......................................................................... :.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. :~::::::~::~~~::::~:::::~:::::::~::~::::::::::::::::::::~~~:::~: THE PROPRIETOR! PAIlTNERSJEXEC1JTlV omCERS AIlE: INCL UCL SOOOOO 50??oo 50??oo OTHER. DESCRIPTION OF OPERATIONSILOCATIONSIVKHICLESlSPEClAL ITEMS PROJECT: 55-8562-134 WHEELESS ROAD DRAINAGE IMPROVEMENTS AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL illS MARVIN GRIFFIN ROAD AUGUSTA, GA 30901 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRA nON DATE THEREOF. THE ISSUING COMPANY WILL ENDEA VOR TO MAIL 30 DAYS WJUTI'EN NOTICE TO THE CERTInCA TE HOLDER NAMED TO THE LEFI', Bur FAILURE TO MAIL SUCH NOTICE SHALL Il\tPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE COMPANY. G OR REPRESENTATIVES. AUTHORIZED REPRES T ....... .. ...... ...... .. .. . ~\ACOJtD:;:iSS' H 3t'\\t\;~;::t::::::t;:K):}{::::::t:~:~::::??:t\t::::::::;::;:::~::::J{ ....~.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:...;.,.;.:.; ...... . .::::::::::::~::::::~::::::::::::::::::::::::::;:::::::::: .., .. .. PRODUCER nus CERTInCATE IS ISStJED AS A MA Tt'EIl OF INFORMATION ONLY AND CONn:IlS NO RIGHI'll UPON THE CER11FICATE HOLDER. nus CERTIl'1CATE Palmer & Cay of Georgia. Inc. DOES NOT AMEND, EXTEND OR ALTEIl TIlE COVERAGE AFJ10RDED BY TIlE P. 0, Box 724028 POI.lnl'-~ RI1I.0W Atlanta. GA 3 I 139-1028 COMPANIES AFFORDING COVERAGE COMPANY A Transcontinential Ins. Co. INS1JREI) COMPANY B Transportation Ins. Co, Mabus Brothers ConstrUction CO COMPANY 92O-B MoUy Pond Road C Augusta GA 3090 I COMPANY D nus IS TO a:RTIFY 'I1IA T THE POUCIES OF INS1JRANCE LISTED BELOW IL\ VE BEEN ISSl1ED TO THE INS1JREI) NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITBSTANDING ANY REQtJIJtEMENT. TERM OIl CONDmON OF ANY CONTJtACT 011. 0TIIEIl DOCUMENT WITH II.ESPECJ' TO WHICH nus CERTIl'1CA TE MAY BE ISSllED OR MAY PERTAIN. TIlE INSURANCE AFFOItDED BY TIlE POLICIES DESCRIBED HEJlEJN IS stlBlECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POUCIES. LIMITS SHOWN MAY IL\ VE BEEN REDUCED BY PAJD CLAJMS. CO TYPE OF INS1JRANCE POUCY NUMBER POUCY EFF. POUCY EXP. LTR LIMITS DATE (MMJDD/YY) DATE (MMIDD/YY) GENERAL LlABWTY GENERAL AGGREGATE ?OOOOOO A -;- COMM. GENEIlAL LlABWTY C 130240706 6/30/96 6/30/97 PROD-eOMPIOP AGG. 7nontVV'l :tlfl I CLAIMS MADE [K]OCCtIR PEltS. &I ADV. INIUIlY 1000ooo OWNEll'S &I CONnACT'S PROT EACH OCCl/JUlENCE I nontVV'l - FIIlE DAMACE(Oao flnl <I'VVVI - <1VVl MED EXP(ADy - penoa) AUTOMOBILE LIABILITY COMBINED SINGLE - B .A ANY AUfO CI30240723 6/30/96 6/30/97 LJMJT 1000ooo ALL OWNED AtrrOS BODILY INIUIlY - SCHEDULED AtrrOS (Par penoa) X HIllED AUTOS BODn.y INIUIlY I-- N~WNED AUTOS (Par .adeBIl I-- I-- PROPERTY DAMAGE GAKAGE LlABWTY AUfO ONLY.&\ ACCIDENT I-- J~@@ilillil{}]r!tlffll~f ANY AUfO 0TIIEIl THAN AlTfO ONLY, I-- EACH ACCIDENT I-- AGGREGATE EXCESS LlABWTY EACH OCCtlJlJlENCE 3000ooo B M~~FOItM CI30240737 6/30/96 6/30/97 AGGREGATE 3000ooo OTHER THAN UMBII.ELLA FOIlM WOIlKERS COMPENSATION AND X ISTAnrroRY LIMITS EMPWYERS' LlABWTY B WCI302407<W 6/30/96 6/30/97 EACH ACCIDEPn' 50??oo TIlE PROPRlETORI RINCL DISEASE-POLICY LIMIT 50??oo PAJl.TNERSlEXECUTIVE omCEJtS ARE: EXCL DJSEASE.EACH EMPL. 50??oo 011IER DESCRIPTION OF OPEIlATIONSILOCATIONSIVEHICLESlSPEClAL ITEMS PROJECT: 55-8562-1 34 WHEELESS ROAD DRAINAGE IMPROVEMENTS .. ............................... \~ttI/}~fttJ~~tlr(~~~ft~~Htt~t~tt~\}ltttt))f)fttfft :.:........;::...r~~1~t~t~t#J~~t~t~tt%~jili~ltrmm~~rrt~rlttimj(tmt!~~itj}~j~i~iJliiilt~i{~I}Illjl11?rtIrfif ... ........... ........ .......... : . .. .. .. ,. ... : SHOULD ANY OF TIlE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIlE AUGUSTA-RICHMOND COUNTY EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRI1TEN NOTICE TO TIlE CERTIFICATE HOLDER NAMED TO TIlE - COMMISSION-COUNCIL LEFT, BUT FAILlIRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 1 I 15 MARVIN GRIFFIN ROAD LIABILITY OF ANY KIND \JPON THE COMPANY ~G OR REPRESENTATIVES. AUTHORIZED RUfW( ~~~{~ ~ AUGUSTA, GA 3090 I ~. ... -- i :::AOORJ)::ZS;S:tlN]1I;{~:~:::~:~:i:~t;:::i:M:ri:~:~:~:~:;::~:::~ir~::~~t?::t??l~?:::~:~i:::~:::~::::~:::::~;Ki'i/:?)(; :~frt}:~:t)ttt)f:~:t~~r:::~:~:t~:;~ I I I I I I I I I I I I I I I I I I I WHEELESS ROAD DRAINAGE IMPROVEMENTS PROJECT NUMBER: 55-8562-134 DETAILED ESTIMATE OS/28/96 08:44:03 ~'\1 UNIT ~TEM NO. DESCRIPTION UNIT OTY PRICE AMOUNT *603-1018 sm PLAIN RIP RAP. 18 IN TYPE I SOYD 400 $23.52 $9.408.00 643-1133 CHAIN LINK FENCE ZC COAT. 4 FT. 9 GA LNFT 100 $10.00 $1.000.00 660-0012 SAN SEWER PIPE. 12 IN PVC LNFT 145 $17.76 $2.575.20 660-0808 SAN SEWER PIPE. 8 IN DUCTILE IRON LNFT 100 $20.00 $2.000.00 660-0812 SAN SEWER PIPE, 12 IN DUCTILE IRON LNFT 17 $25,25 $429,25 668-3400 SAt'l SEWER MANHOLE. TP 2 EACH 3 $1.165.00 $3.495.00 668-5005A JUNCTION BOX SPCL DES EACH 4 $9.500.00 $38.000.00 668-5005B JUNCTION BOX SPCL DES WI WEIR EACH 1 $9,500.00 $9.500.00 700-6001 GRASSING - COMPLETE (1 ACRE) LUMP 1 $3 000,00 $3,000.00 TOTAL CONTRACT PRICE: $559.037.35 "'NOTE'" LUMP SUNr CONSTRUCTION includes but is not limited to: Removal & disposal of all debris such as all types and size pipe, sanitary sewer, fencing, sidewalk, curbs, paving, plugging 15" pipe, sawed joints, etc. and any other work without a specific pay item. /lJ;lkg~ (Z It CONTRACTOR P-4 I I I I I I I I I I I I I I I I I I I WHEELESS ROAD DRAINAGE IMPROVEMENTS ADJUSTING MINOR STRUCTURES TO GRADE: This item consists of raising or lowering the upper portion of existing manholes, water valve boxes, gas valve boxes or any other miscellaneous structures within the area of construction. There will be no ,separate payment for this work unless shown as a separate pay item. AGGREGATE SURFACE COURSE: The item aggregate surface course is for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, section 318, Georgia Standard Specifications, is modified to permit truck dumping on unprepared and muddy subgrade. section 318 is further modified to permit the use of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the following materials. Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type 1 or 2 Crushed Stone Subsection 815.01 Subsection 800.01 Section 803 Subsection 806.02 All materials to be used as directed by the Engineer. AS-BUILT PLANS: The Contractor shall furnish a legible set of "as-built" plans, in good condition, to the Project Inspector no later than the date of the Final Inspection. Such plans shall have all significant changes marked in red. The Project Inspector shall review the marked plans for accuracy, legibility and completeness. As-built plans, approved by the Project Inspector, must have the Inspector's signature on the cover sheet. No "as-built" plans will be accepted without the approval of the Project Inspector. CASINGS: All steel casings being installed across any roadway and/or right-of-way shall have the joints continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when welds are ready for inspection. Welded casings backfilled without the Engineer's approval shall be uncovered for inspection at the Engineer's request. G-1 I I I I I I I I I I I I I I I I I I I COMPACTION: All compaction shall be as defined in the current edition of Georgia Department of Transportation Specifications. Special attention shall be given to the backfill or minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using approved tamps and soil layers of approximately 6 inches (loose measure) and in accordance with Georgia Department of Transportation Standards 1030-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. Backfilling with sand using jetting and/or flooding will not be allowed in any case without the written permission of the Engineer. CONCRETE: The Contractor shall have a slump cone on the project at all times when concrete is being placed. He shall, in the Engineer's presence, perform slump tests as directed by the Engineer. Tests shall be performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 lbs. cement per cubic yard. Class "B" concrete shall have a minimum of 4 7 0 lbs. cement per cubic yard. Concrete not meeting these requirements will be rejected by the Engineer. CONSTRUCTION: Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header curb, etc.) shall be paid for in the unit price bid for curb and gutter. At locations where new pavement is to be placed adjacent to existing pavement without an overlay or where curbing is to be placed across paved parking lots, a joint shall be sawed on a line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will be paid for under the pay item-Sawed Joints...Per Linear.Foot. Where curb and gutter is used and the shoulder elevations are higher than adjacent ground, the actual direction of drainage runoff shall be determined by the Contractor. He shall make such provisions as necessary to ensure that no ponding is caused by the new construction. He may place additional fill to provide drain inlets. compensation will be under the price bid for the appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope down outside the back of the curb line not to exceed an algebraic difference of 0.07. This should be used primarily on the high side of superelevated curves. The Contractor should use caution with standard variance and place special emphasis on hydraulic considerations. G-2 I I I I I I I I I I I I I I I I I I I Where curb and gutter is to be built on the high side of superelevated curves the gutter slope shall match the roadway slope or superelevation rate. The Contractor shall provide borrow and/or waste pits for this project. All pits acquired for use on this project shall be reclaimed in accordance with Subsection 107.23 and section 160 of the Standard Specifications. All storm drain pipe, side drain pipe, pipe culvert wingwalls, steps, retaining walls, curbs and gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as a removal pay item will be removed as Clearing and Grubbing, Grading Complete, Grading Per Mile or Lump Sum Construction. Curb cuts ramps in accordance with Standard 9031-W are to be used at all street intersections on this project. CONSTRUCTION LAYOUT: Construction layout work shall be performed by the Contractor. See section 149 of the Standard Specifications. The survey for this project was made by James G. Swift and Associates (733-7774). DESIGN ALTERATIONS: The Commission-Council recognizes that various changes in design may be made as the project progresses. Any requests for additional payment will be processed based on actual work in place and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced separately and no work shall be done on these items until approved, in writing, by the Engineer. DRIVEWAYS: Ingress and egress shall be maintained at all times to adjacent properties, unless otherwise noted in the plans. The item aggregate surface course is for use as surface for unpaved drives and for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, section 318, Georgia Standard Specifications is modified to permit truck dumping on unprepared and muddy subgrade. Section 318 is further modified to permit the use of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the following materials: Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type 1 or 2 Crushed Stone Subsection 815.01 Subsection 800.01 Section 803 Subsection 806.02 All materials to be used as directed by the Engineer. G-3 I I I I I I I I I I I I I I I I I I I 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. 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. FENCE: All new fence called for on the plans and/or contract documents shall meet the requirements of section 643 of the Georgia Department of Transportation Standard specifications, current edition. New fence not meeting these Specs will be rejected. In contracts where remove and reset fence items are involved (either as pay items or as Lump Sum Construction) all replacement fence shall be equal to or better than the existing fence as approved by the Engineer. This means equal to or better than the original fence at the time of it's installation. In accordance with Subsection 643.03D the Contractor must furnish positive locking dev~ces, padlocks and keys with all gate assemblies. FINISHING AND DRESSING: All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre- existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. FLAGGING: Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special provisions, and as required by the Engineer. All flaggers shall meet the requirement of part 6F of the MUTCD and must have received training and a certificate upon completion of the training from a Department approved training G-4 I I I I I I I I I I I I I I I I I I I 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 MUTeD for controlling traffic. The Stop/Slow paddle shall have a shaft length of six (6) feet minimum. In addition to the flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTCD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the presence of the flagger shall be placed beyond the point where 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 pay item 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-C or as directed by the Engineer. Payment shall be per cubic yard unless otherwise specified in the contract. GRADES: with the approval of the Engineer, grades may be field adjusted to provide for best drainage. GRADING: In contracts where grading, including excavation for drainage structures, is accomplished under section 210 (Grading Complete or Grading Per Mile) or section 230 (Lump Sum Construction) the Lump Sum amount bid will include all work necessary to obtain the line, grade and compaction in accordance with the Specifications and other contract documents. There will be no separate payment for any work of this nature including borrow and the removal of unsuitable and/or unstable material. However, the Contractor shall make whatever investigations he deems necessary to determine the extent of any borrow or removal necessary to meet contract G-5 I I I I I I I I I I I I I I I I I I I requirements. If it develops that removal of unsuitable/unstable materials quantities could not have been predicted by the Contractor from a reasonably thorough investigation of project conditions, the Contractor may request negotiation for payment for excavation of this nature in areas where the depth exceeds three (3) feet below subgrade. The Owner will consider negotiation only when this type of removal is 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) feet 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 practices including Temporary Grassing, Temporary Mulch and other temporary measures. All on-site erosion control shall comply with local County Council 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 pay will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. Discontinued roads or other areas inside or outside the project construction limits, ,but within the existing or required right-of-way, shall be obliterated and restored as nearly as possible to the original contour of the ground (See section 205 of the Standard Specifications). No separate payment will be made for this work. Where item number 700-6001 is shown as a pay item Georgia Department of Transportation Specifications are modified to provide that the lump sum price bid shall be full payment for all fertilizer, lime and nitrogen. No separate measurement for payment will be made for any work or materials required to accomplish a stand of permanent grass. G-6 I I I I I I I I I I I I I I I I I I I INFESTATION: The entire project is considered to be within the limits of an insect infested area. The Contractor's attention is called to the following sections of the Standard Specifications: (A) 155 Insect Control (B) 893 Miscellaneous Planting Materials. INSPECTION: This project will be inspected by the Engineer or his Representative. LEVELING COURSE: 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 subj ect to change. All changes will be made at the unit prices, as bid. MILLING: Consists of milling existing asphaltic concrete pavement 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. MISCELLANEOUS DRAINAGE STRUCTURES: All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain Inlets, Special Inlets, etc. whether standard or special design shall be paid for Per Each. There will be no separate payment for additional depth unless specifically shown as a pay item. NOTE: All Catch Basins, Drop Inlets, Manholes, exposed Junction Boxes, etc. with concrete tops labs shall include manhole rings and covers. PATCHING AND REPAIR OF MINOR DEFECTS: Where necessary, the Contractor is required to patch and repair existing potholes, minor pavement defects and base failures in accordance with the Specifications. PAYMENT FOR PIPE CULVERT INSTALLATION: 1. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. 2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete (See Georgia Standard 9031-L) . G-7 I ,I I I I I I I I I I I I I I I I I I 3. Payment for pipe culvert includes any required concrete collars (See Georgia standard 9031-U). PIPE CULVERTS: Unless otherwise noted, all cross drain, longitudinal and stub pipe 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 and Section 207 of Georgia Department of Transportation Standard Spec.ifications. No separate pay item will be made for this material or its placement. Payment for pipe culvert or utility installation includes sawing and/ or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or liB" 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. 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 resul t of negligence on the Contractor's part. In which cases, the Contractor will be held responsible for replacement. Sod shall be reset with ground preparation in accordance with Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall remove the sod in a manner that will be conducive to insuring that the reset sod will live. At the Contractor's option he may replace any sod he removes with new sod of the same type. No separate payment will be made for this work or replacements unless specifically shown as a pay item. G-8 I I I I I I I I I I I I I I I I I I I REMOVING AND RESETTING OF OBSTRUCTIONS: It shall be the Contractor's responsibility to remove and reset any and all obstructions such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns, etc. which are in conflict with construction and are responsible for the security of pets and/or personal property through the use of temporary fence if necessary. No separate 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 use of the property. SALVAGEABLE MATERIAL: As directed by the Engineer or his Representative, all salvageable materials, such as drainage pipe, which require removing but are not to be used on this project, are to be stored within the right-of-way by the Contractor. These materials shall be picked up and transported by Augusta- Richmond County forces. SAW CUTS: When matching existing conditions, saw cuts shall be used as required by Augusta-Richmond County. Only saw cuts in Portland Cement Concrete which are shown as contract pay items will be paid for separately. No saw cuts in asphaltic concrete will be paid for separately. SHOULDER WORK: All necessary cleaning of the existing pavement including clipping of shoulders required prior to resurfacing shall be the responsibility of the Contractor. The material displaced shall be removed, lowered or spread over the shoulder to an elevation and slope which will provide adequate drainage. The cost of such work shall be included in the prices bid for other items G-9 I I I I I I I I I I I I I I I I I I I SPECIFICATIONS: This project is based upon, and shall be constructed in accordance with, the State of Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, current Edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. until the conflict is resolved, the interpretation of the Engineer shall control the situation. SPECIFICATIONS, STANDARDS AND OTHER DATA: All references in this document, which includes all papers, writings, documents, drawings, or photographs used, or to be used in connection with this document, to state Highway of Georgia, State Highway Department, Highway Department, or Department when the context thereof means the Georgia Department of Transportation mean, and shall be deemed to mean, Augusta-Richmond County, Augusta-Richmond County Commission-Council Department of Engineering Services. The date, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, are not guaranteed, and do not bind 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. STANDARD: This project shall be constructed in accordance with current Georgia Department of Transportation Roadway Standards. SUBCONTRACTORS: The Contractor shall furnish the official name of all firms he proposes to use as Subcontractors in the work. This information should be furnished at the Preconstruct ion Conference. However, no work shall be done on this project by a Subcontractor until the Contractor receive written approval G-10 I I I I I I I I I I I I I I I I I I I 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. SUPERELEVATION: All horizontal circular curves are to be superelevated in accordance with Georgia standard 9028-C as directed by the Engineer. TESTING OF THE WORK: The Contractor shall employ a qualified materials testing 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. 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 thicknesses. 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 thicknesses are satisfactory, in accordance with section 400 of the Department of Transportation Specifications, no further cores will be required. If cores indicate an unsatisfactory thickness, additional cores, as determined by the Engineer and at locations of the Engineer's choosing, shall be cut to determine the extent 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: Prior to placing any base course the subgrade shall be test rolled on six feet centers using a loaded dump truck or other equipment approved by the Engineer. TRAFFIC CONTROL: The Contractor shall provide construction signs in accordance with requirements of "Manual on Uniform Traffic Control Devices for Streets and Highways", current edition with added supplements and special provisions. G-l1 I I I I I I I I I I I I I I I I I I I The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard Specifications regarding barricades, danger, warning, and detours signs. All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction of this proj ect shall meet all requirements of the M. U. T. C. D. , current edition, as directed by the Engineer and be furnished by the Contractor with payment in accordance with Section 150. 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 otherwise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. 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 highway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, ,the Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. G-12 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 probability of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas underground telephone cables, etc. that either are obstructions to the prosecution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature will be handled by the utility owner. . THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS: Georgia Power Company Post Office Box 488 Augusta, Georgia 30904 Telephone (706)724-0892 Georgia Natural Gas Company Post Office Box 1426 Augusta, Georgia 30913 Telephone (706)722-7791 Southern Bell Telephone 440 Walker Street Augusta, Georgia 30901 Telephone (706)828-8500 Jones Intercable, Inc. 1424 Monte Sano Avenue Augusta, Georgia 30904 Telephone (706)736-6515 Augusta-Richmond Co. Water Works 2760 Peach Orchard Road Augusta, Georgia 30906 Telephone (706)796-5000 Urban Services Water/Sewer 530 Greene Street Augusta, Georgia 30901 Telephone (706)821-1706 Mr. Max Hicks Augusta-Richmond County Water Works 2822 Central Avenue Augusta, Georgia 30909 UTILITIES: All utility facilities which are in conflict with construction, not covered as specific items in the detailed estimate, are to be removed and relocated to clear construction by the respective owners, unless added later to the. contract as a supplemental item. All "above ground" utility structures will be located as near as possible to the right-of-way line. The Contractor will not be paid for expense caused by utility facilities, other items, not being removed or construction in advance of his work. any delays or extra obstructions or any relocated to clear All known utility facilities are shown schematically on highway plans, and not necessarily accurate in location as to plan or elevation. utility facilities such as service lines or unknown facilities not shown on the plans will not relieve the Contractor of his responsibility under this requirement except as noted below. "Existing Utility Facilities" means any utility facility that exists on the highway project in' its original, relocated or newly installed position. G-13 I I I I I I I I I I I I I I I I I I I other than service lines from street mains to the abutting property the Contractor will not be held responsible for the cost of repairs to damaged underground utility facilities when such facilities are not shown on the plans and their existence is unknown to the Contractor prior to the damage occurring, providing the Engineer determines the Contractor has otherwise fully complied with the Specifications. The following utility owners have facilities which may conflict with construction of this project: NAME OF UTILITY OWNER TYPE OF FACILITY Georgia Power Company Georgia Natural Gas company Jones Cable T.V. Southern Bell Telephone Augusta-Richmond Co. Water and Sewer Power Gas Cable Telephone Water, Sewer The Contractor shall use the one-call center telephone number 1-800~282-7411 for the purposes of coordinating the marking of underground utilities. The Contractor's attention is directed to the probability of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and underground telephone cables that either are obstructions to the prosecution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature will be handled by the utility owner. UTILITY ACCOMMODATION POLICY: In so far as possible work shall be scheduled so that open excavations will not be left overnight. Where trenches, pits or other excavations are within the clear roadside areas and cannot be backfilled before leaving the job site, they shall be covered by timbers or metal plates and protected by reflectorized and/or lighted barricades as appropriate and as directed by the Engineer. Barricades sufficient to prevent a person from falling into an ~xcavated or work area must be erected in areas where these conditions exist. G-14 'I I I I I I I I I I ; I I I I I I I I I I S~ptember 13, 1991 April 7 , April 5, 1993 First Uset May 28. 1993 First use 1993 July 1, 1993 DEP.ARImm' OF TRANSPORTATIbN ' State of Georgia 1992 , SPECnL PROVISION HJDITICATIOH 'OF SECTION 150 .:"'" TRAFFic CONTROL 150.01 DESCRIPTION Delete second sentence and substitute: Activities shall consist of furnishing, installing, maintaining, and removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic control d~vices and shall include flagging and other means for guidance aDd protection of vehicular and ~destrian traffic through the Work Zone. 150.02 N. Add: N. All existing pedestrian walkaways shall be roa intained. Whenever chang~s to the worksite necessitate changet to existing walkways, temporary walkways shall be provided and maintained, with appropriate signs as necessary, to allow safe passage of pedestrian traffic. 150.03 B. SIGNS: Retain as written ~d add: All construction warning signs shall bt 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 r.emoved daily. 150.04 A. PAVEMENT MARKINGS: Delete first. sentence and substitute: Generally. full pattern paveme.nt markings in accordance with Section 652 and in conformance with Section 3A and 3B, except 3B-3 and 3B-S, of the }~ are required on all courses before the roadway is opened to traffic. No passing tones shall be marked to conform to Section 150.04 E. rc-/ I I I I I I I I I I I I I I I I I I I t .. .. . 150.04 D.l-b. NO ~ASSm3 1WUUERS Delete first sentence and substitute: Full no-passing zone markings ~hall be marked daily and conform to Section 652 and in accordance with Sections 3A and 33, except 3B-3 and 3B-5. of the MOTCD. No passing 2onts'sha1l be marked to conform to Section 150.04E. 150.04.D.1.c. Delete as written and add: c. EI::GELINES 1 (1) Bituminous Surface TreatIDe.nt Paving: Edgelines will not be. required on intermediate surfaces (including asphaltic concrete leveling for bituminous surtace treatment paving) that are in use for a period of less than sixty (60) calendar days except at bridge approaches, on tane transitions, lane shifts, and in such other areas as dete~ined by the Engineer. On the final surface edge lines must bt placed within thirty (30) calendar days of the time that the surface was placed. (2) ~~l Other Types of Pavement: Edgeline! will not be required on intermediate surfaces that are in uSe for a period of less than thirty (30) calendar days except at bridge approaches, on lane transitions, lane shifts, and In such other areas as determined by the Engineer. On the final surface edgelines must be placed within fourteen (14) calendar days of the time that the surface was placed. 150.0~ E. :Delete 'APPLICATION OF TR?.FFIC STRIPESa in heading of Paragraph E. and add: APPLICATION OF PAVEMENT l-1ARKINGS Delete second paragraph and substitut~: Pavement markings shall re-establish ~o-passing zones in the locations and configuration that existed prior to construction. Existing no.passing tones shall be clearly identified as to location prior to construction by staking or erection of · DO NOT PASS I and,' PASt WITH CARE" signs. On new location projects and on ptojects where eitber horizontal or vertical alignments h~ve been modified, the location of no-passing zones will be identified by the Engineer. 150.05 - FIGURE lSO.B: Delete 'Note' and substitute: 'Note: vertical panels or striped drums recruired for this location, spaced at 50 ft. intervals.a TC-Z- . I I I I I I I I I I I I I I I I I. I I 'I' . ReV. FebrUarY 25, 1991 First use: May 24, 1991 0E?ARlMENI' or' 'IRAN-~OO _ ' State of Georyi.a . 5U?~ S?El:IFICATirn , SEtnCN 150 - ~ cntm:L Delete Secticn 150 as written ~d subs""...itute 'the follo-ting: 150.01 IES:mPtIrn: ~5 section as supplenented by the Plans, ~ifications, and' MU'!Q) shall be considered the Traffic Control Plan. h::ti vi ties shall consist of furnishing, irtsta11ing, mai.nt.aining , and rE:!IDVing necessaxy traffic signs, barricadas, lights, signals, ccoes, pavenent mark.in;s and other ttaf:fic' control deviees and shall include flagging and O""...her m=ans for guidance and protection of traffic t!1rOl.1gh the Work Zone. 'lhis lobrk shall include 1:oth. mrintainin9 existi.n9 d!;vices (excluding traffic Signals) and installing additional Cevices as necessery in con.s*...ru~.icn wxk~. ~ any provisions of this Speci.:fication or the plans do not rreet the tni..ni.mum requi.rerrents of the tnanual c:n UnifomJ ~affic Control Devi.ces (MltIO)) r OJJ:rent edition, the MIJ!'C) cont-~ls. A. ~ Con""..ractor shall designate a qUalified individual as ~ W\:1rksite Traffic Control SUpervisor (WICS) \11m shall C€ reS1XJrlSible far se1ee-~g , i.ns+---alling and mai.ntaini.ng all traffic control c;levico-5 in accordanes with the Plans, Soecificaticns, S::ecial Previsions and KJI'CO. '!his indivi&al's traffic control respc:;nsil::lilities shall have priority over all ot:her assigned duties. JI.s the re?I'esentati VB of the Contractor, the wrcs she.1.1 have full autho..~ty to act on l::ehalf of the ContIector in administering the Traffi.c Control pl.an. '!he wrcs shall have llpprcpriate training in safe traffic control practices in accordance with Section 6A-6, part. VI of the MJIrn. In addition to the wrcs all others making decisicns regarding traffic control nust Ireet the training requi.renents of Section 0A-6 of the.MUTCD. on projects ~e traffic control duties will not reguire full t.i.ne supervision, the Engineer tnay allOJ the ContractOI" I s Project Supe.rintend:mt to serve as the wrcs as long as satisfactory results are c:btained.. !!he WlCS shall have a co?y of the MJTCD, current edition, CXl the jc:b site. Copies of 'the current. n1!O) rra.y be cbt..ained iran: Suoe.rintendent of ~ts u.s. Gove-""T1f1l2I'1t Printing Office Washington, D.C. 20402-9325 'n1e WICS shall l::e available on a 24 -hour basis as needed to naintain traffic cootrol Cevices with acceSS to all personnel, materials and equi~t necessary to resp:>nd effectively to an erergency situation witirin forty-five (45) minutes of notificaticn of the e!tergency. -1- rc-.5 I I I I I I I I I I I I I I I I I. I I - . '!he WICS shall supervise the ini tial installcttion of traffic conuol _ devices 10Ihich will be, reviewed by the Engineer prior to the beginning of constrU---tion. M:xlifications to traffic control cieV'ices as required by sequence of cperations or: staged c:onst:.rueUcn m.;Ist:. be :reviewed by the WICS. "!he "'~ shall regularly perform i.DSpections to ensure that traffic ccntrol isrxeintained. Bo" All traffic control devices used durincJ the ~on of ~ project shall neet the S'"...andards ut; , ; '7~ in the M:J'ILD, and shall. ~ly with the requi.rarents of these SpeCifj.cations, Project PlanS, and Spe---ial Prcvi.sialS. Reference is made to Sub-sectia'lS 104 .05, , 107.07, and 107.09. c. All reflect.arization for traffic control &:vices shall treet the requ.irerrents of Sed:icn 913, Type 1, unless cf'...herWise specified. D. No w::xrk shall be started CD any ptoject. phaSe until the ap?rC;lr~te t..-"'Cffic cootrOl devices haVe been placed in ~ordance with ~oject. r~. Q1ange5 to traffic DCM shall not cannence unless ~l labor, JDaterials, mld equi;.uene necessary to make the changes are available co the Project. E. "!he eontracter shall secure tile Engineer I s llpproval of 'the Cantra-"""t.Or' s prc:posed pl an of' c;:eraticn, seq\)e.llce of \oOOCk zmd rrethods of providing for tte safe passage of traffit: before it is placed in cperation. 'lhe prt:905ed plan of q::erati~ should supplerrent t:h2 ~ traffic centrOl pllm. mt major changes to the approved ttaffic: control plan, prCfCSed by the Contractor, ~e to be suhni tted to the oepa-~ far: 5!flProval in accorda1'lOe \ri.th ~~...iCXl 104.03 of the St.enda.:d Spe::ificatialS. Sane additional traffic control details will be required prior to any major shifts of traffic. ~ traffic contrOl detills ~1 include, }:1.;rt not be li:mited to, the foll~: 1. A detailed ~g showing traffid lceatiai and l~age for: ea=h step of the c:hange~ 2. "n1e lo::atic::n, size, and nes5a~ of all signs required by'the MttI'CO, Plans, SpeCial Provisions, and bt.her signs as required to fit c;mditions. 3. 'n1e nethod to be used in, and the lw ts of, the cbliteraticn of conflic;ting 1.i.neS and uarkings. 4. ~, lo::atian, end ~ of'ne,l ~-5 and markings. 5. Hori%onta1 and ve-~c:al aliqnrrent and superelevation rates for detours, including crOSS section and profile grades along each edge of eri.sting pav~t. 6. Drainage eetails for tenporary and permanent alignrrents. 7. Lccation, length, and/or spacing of channelizing and p=o"'.....ective Oe'lices. (terrporary barritt, guardrail, barricad2s, etc. ) . -2+ TC-tf- Ir - IT. I I I I I I I I I I I I I I I I I 8. St.arting tim2, duration zmd date Of planned change. 9: For each U'~ic shift, a paving plan, erection plan, or work site plan, as a:pflrqpriate, detailing rren and equi.prent necessarY to acc::tTPlisii. the prq:osed ~k. 'Ibis ",'ill be the mi.niJIn,ml resouree allCC2!"'"...ion all ~d to start the ibrk. '!he ~ &tails shall be .sutmitted to tlhe. En~-I for ap:rroval at least 14 days prior to the ~ticipated traffic shift. '!he Contraet.Or shan have traffic control eetails for a traffic shift \tric:h has been approved by the Engineer in his possession prior to cc:rmencenent of the physical shift. All preparatO-ry ;..urk rfilative to the traffic shift \ortdch O:::es not int.e-...-fere with traffic shall be acccnplished a rn.i.nirolJm of two 00urs prior to the c?esignat.ed star""Jng tine. '!he Engin:=er ~ the Contraetar' s repre.sent.ati ve will verify that. all condi tians have been Itet prior to the Contractor cbtai..n1ng mate-""ials for the ~ traffic shift. .' r. 'Iraffic control deVices shall be in aecepteble c:ondi lion \I.'hen firSt erected on th:2 project and shall be maintained in accordanCe with Sub-see-~on ~04 .05 throughor.Jt the c:onst-~on period. All unaccep'"'....able traffic canb:'ol ~ces shall be reol aced within 24 hours. When not in 'USe, all traffic CQl'It:ol devices shall be ren:oved, placed or covered so as not to be visible to traffic. If traffic contrOl devices are left in place for rtere than 10 days after carpletiC%1 of the Work, the DepartIrent shall have the right., to reIIOVe such &:vices, claim ~session w-reof, ~d ~ct the cost at such rem:rvcl nero any panies due, or \or'hic:h rray beco:re due, t.h2 ~tr~--tor. G. 'D')e ~ .rese-orves the rio:l1t to restrict con~....rudioo c:perations -when, in the c;pinioo of the in~-I, 't.he continuance of the Work w;:;1.l1d seriously hineer traffic floJ on days irmediate1y before, on, or af....er holidays or other days in which unusual traffic conditicns exist, ineluding threatening or in~) ~t \or1eAthe.r. 1.50.02 w::EK zc::NES:. ..' A. Tr affic control .shall be provided' using the follcrwi...ng matc,.-ials: 1. portable advance warnin9 signs .a5 required by the contract. or neeti.ng the requirerents of the M.11'Q) and SUb-Sectlon 150.03. . :2. Po;rtable sequential or flashincl arrCJ..ol panels as ~ in the Plans or SpeCifications for use on Interstate or m.1l ti-)..ane hi ghway 1 are closure c:nl y, shall be a tnini.rn::m size of 4 en high by 96" wide with not less "than 15 lairps used for the arrC1w-l. '!he a~ will cc:Jff:i virtually the entire size of the arr~ panel and st-.all have a mini..rrUn legibility distance of one mile. '!he rni.ni.nnJm legibility distanCe is that dis"'...anCf! ~t 'Which the arraN panel ~ be carprehen02d by an ooserver on a sunny day, or clear night. ;..rr~ pano...ls shall ~ eqJipped \IT.i.th autanatic dinming features for use during h:lurS of darkness. '!he arraN panels shall also neet. "the requirerents as shotm in the cutrent editicn of the Mt1TCD. '.Ihe sequential or flashing arrCM panels shall not be used for lane closures on two-lane, ~"ay highways when traffic is restrict.ed to one-lane ~ations in ~ch case, appropriate signing, -3" TC-S- I .1 I I I I I I I I I I I I I I I. I I . flagge--s m'ld when required. pilot vehicleS \oti..ll be cieetted suffi=-i.ent. 3. Portable variable lreSsase signs ~g the requirements of section 632. . 4 . Chan.neli%ing Cerlces rree-....:ij')CJ the stm'lo.ards' of the l'.Dl'CD and SUb-Se=tion 150.05. 5. PrecaSt conc::rete barrier treeting tl1e ~-s of Secti~ 622. 6. ~ traffic siqnals ~ng the requir~ts of Secticn 647. 7 . p~ marking JDaterials c:::t:tI;>lying with Sub-Secticn 150.04.A. B. All lane closures shall have previout approval of the Engineer. Lan2 closures that. require S~ directicn traffic: to split ~d the Work Area will not b2 approved for roadways ",'ith posted speeds of 35 nph or g1:ea ter, ~ ud.i.ng turn lanes. c. 'mF'.::lC p~ ME:mCD: 1. pM:::JN:; CE ~r'l.C: t-lith prior approval !ran the En~' traffic rray be paced all~9 the eontr~~ up 1:0 ten (10) minutes max.ilrnJrn to w:lrk in or ~ ill lanes of -traffic for the follCJiotin9 pu:pose$: a. Placing bridge 1u:;:;1'Lers or other bri6;e wx-k b. ~lacing~...ad sign st..~ c. ~..her ~k itemS requi.ring ~ of traffic ~ CCJnuacter shall previa: a unif~ 'fOlice officer with patrol vehicle and blue flashing light for eac::h d.irect.ion of pacing. 'n1e pollee officer, Engined. and flaggers at ranps shall be provided with a radio ~ch allC1ft'l; continuous c:ont.aCt. with the Contractor . rTt1""-n ready to start the ~k 2-~Vity, the police vehicle \till pull into ~ -traVel lanes and 2l.Ct at a pilot vehicle sl~ the 'traffic, thereby provid.i.n9 a ~ in traffic all~ 'tbe Cc:t1tract..OI' to perlODtl the Work. kty raztpS be~ the pace and the jd:l site shall be l:llc:cked dllrih9 pacing of traffic, with a nagger properlY dressed and equipped with a Step/51"'" paddle. Each ranp shCcld be q:e.ned after the police vehiele haS passed. pilot. vehicles are to travel at a petce speed of not less than 20 lTPh interstate ;and 1.0 rrph nan-interstate. 1he Contractar shal1 provide. a vehicle to prcx:eed in front of the police vehicle and l;ehind the other traffic in order tl:> inform the Contra.c;:t.Orls w::u:k force ".,nen _all vehicles have cleared. the area. -4- TL'- (, ; . I I I I I I I I I I I I I I I I I I I ~fie will not be pe..-nrl.tted to st.c:t> during ~ing except. in ex""..z6De cases as approved by ~ Eng:i..r*r. 2. l-ElliOOS Of SJ;:.GNIN:i FOR lJ:RA-qJ:C pJt:IN:;: .At a !X)int nct less 'than 1, 000 feet in advan::e of the begitlning point of the pace, the Cont:ractor shall erect and cr:::NeI a ~ial sicp1 (72 inch x 72 inch) with ~ Type "Bn f)ashing light, with the legend -Traffic Slo.;ed Ahead Short ~ay" (see Detail ~5o-A). variable nessage sign rre:j be used in lieu of w-special sign. en c;liviOed highvtays 1:h.is sign shall be cbuble indicated. A ~ker with a ~ radio s.ha.ll l::e posted at the sign" and upon notice that the t::"2.ffic is to be paced shall turn en the fl ashing light lIDd reveal the sign. ~ traffit: is not bein~ p2-"'ed, 'the flashing light shall be turned off and t.h2 sign maskeo. or removed. w-special signs are reflect0ri2ed orange and bl~, series "e" letterS and border of the size sr~d fi ed. D. en rmltilane highwayS lo.'here ttaffic haS been shifted to the inSide lanes for overnight use, the entrance aM exist ranps shall have channelization Cevices 'With steafr:i bum lights placed on OOth sides of the r~. '.!he t~t"ary r~ taper length shall be greater than, or equal to, the existing ti!per length. Tetpora..-ry EXIT gore signs shall be pl2-.-ed at the ranp divergence. Ch.annelization Cevice spacing in the first 100 feet of the t:.ertpora.."'Y gore shall be 25 feet. E. '!be traI'..sitial 1:0 ncm.al or full width highway at the end of a lane closure shall, be a max.i.ImJln of 150 feet.. F. To provide the greateSt possible cdrver'.ien....~ to ~ public in accordance with SUb-seetic::n 107.07 r the. Contractor shall rem:JVe all signs, lane c;:losure markings, and O:Nices i.Jmediately .."hen lane closure ~k is co:rpleted or t.enporarily su.spend!=d for any length of t.i.ne or as diree-....ed by the Engineer. G. 'The Contractor's tru:::..\:.s and if...her whicles shall travel in "the direction of no::mal roaaw.ry traffic unless s~ated by a positive barrier I or when construction, acti. vi ty hecessi utes otherWise, and shall not reverse direct.i.a'l ~~t.. at in~Sections, interchanges, or approved ~ary crossings. B. '!he Contractor shall ensure that dust. mld, and other debris :frr:m his operatioo cb not inte-rfere with normal traffic;: cperations. or adj acent prcpert.ies. I. Exi.st.ing street lighting shall remain lighted as long as prac;t.ic.a.l and until rerroval is approved by the D1g~. J. Adequate t.aTpOrary lighting shall hi provided at all nighttirre \o.'Ork sites \Jiere wurkers \o1i.ll be i.n:IrediaWy adj acent to traffic. K. For their o.om protecticn, wxkers in br adjac:ent to traffic doting nighttiIre operatic::tl shall wear reflectori2ed vests. L. 'Iba parking of Contra.....'"'t.Or I 5 and/or w;:)J;K.ers personal vehicl es within the ~k area or adja---ent to traffic is prohibited. -5- TC-7 I' I' I I I I I I I I I I I I I I I I I ~. 1- r.MtitK I V2- ~ ~t -r: fV..SHDl: LS:Kf ~ ~ Slnt ).. RAgI!JS _, 1// .' , _..~ ~ 1~1 ;I .-. ,- e5"ifRAFFI C ~SOL.~ IO"} n. 110. .!:.. n- SLO WED ~~-~ -l5-1 n- j-1:I- t:" ," J\H EAD ~sm'~. SHOR]A.~ELAY' t=-c- - - I~I _~:=- .;0$'1 . ,,.c,...,,,OI'l' \ . Y1-~L $ICII U'oU ~jo.Jdl . SlCH $HH1. ~1.vt SLl.~ Uti!:':!) :'Ill) ~ 0.... O~4,.:;E F:Ln.t:~ORllttl f-AClC.G~ FI GURE 150-A -6- rC-B I I I I I I I I I I I I I I I I I- I I .. M. "nle lolOrksite traffic control supervisor shall Jroni-tOr the \.OrK to ensure that w the reeks, ...boo.lders, ccnst.tuct.ion debris, stcckpiled materials, equiprent, ~:Ls &1d other potential hazards are kept clear of 'the travel way. ~ itefns shall be stored in. a lo:::.ation, in so far as practical, \\here -they will n::rt: be subject 'to a. vehicle nmning off -tie road and striking them. ~ 150 .03 smtS: A. ~ r"eguired for prcper traffic conttol during CC'ltW...ructico of the project, all existing guide, warning, ane regulatory signs shall be JDaintained by the Contractor in accordance \d th t.hese Specificati ons . !Xisting street mate signs shall- ~ ~ at street intersections. All eri.s+"...i.ng illt:minated signs shall ranai.n lighted Md be ma.intained by the contractor. a. ~ not in use, all inappropriate 'traffic; signs or partialS thereof shall be rem:79Sd, placed or covered t;o as not to be visible to traffic. c. 'The Contrc-~ shall not ren:ove any exi.sting siqn.s and supports ","ithout ar-7rc:wal of the Engineer. All ecisting signs and supports \oi!hi.ch ue to be re.l'n::lVed shall be stored an~ protected ~ directed by the Engineo-r, and becare the property hi the ne:partnent unless othe.rwise specified in the ccntn-""t d:currentli. D. Ter;:crary guide, ~g, or regulatorY signs required to direct traffic shall be furnished, installed, reused and mainta.ined by the Ccntra.c"'"...or in a=ordance with the MO'ICD, 'the Plans, Special ProVisions, or as d.i.Iected by the Enginec-r. These signS shall remain the prcpert::y of the Contractor. !be botton of all tE>'"'fX'r"a:ry signs shall be at least 7 feet above 'the level of paverrent ~. E. Exi.s-~ special guide signs CXl the project shall be ma.intained until conditions require a change in lccatict1 or legend Content. ~ change is required, existing signs shall .btJ nodi.fied and continued in use if the reauired xn:::d.ification can t:e 1DaCe wi. thin ex.isting sign- borders using. c3esign require:rre.nts (legend, letter size I spacing , border, etc.) equal to that of the exi.sti.ni signs I or of SUb-Section 150.03.E.5. Differing' legend designs may net be mixed in the sans sign. ~. SpeCial guide si gn.s are those dpres~ or freeway guide signs that are designed with a nesS&ge content (If!9end) that applies to a pa..rt:icul ar roa~ looaticn. ~ an existing special guide sign is in conflict with \o.Ork to be perfomed, the Contract.ar shall rerrove the conflic:tibg sign and reset it in a rew, non-canflieting lcx:atiCl'l W'hich has been approved tJy "the b1gi!leer . 2. ~\U' SPEI:I1IL GUlDE SIGNS: ~ it is not possible to utilize existing signs, either in place or relocated, the Contractor shall furnish, erect, maintain, m:xlify, re 1 o:::ate , and re:rove new te:rporary special guiee signs in accordance with the 'Plans or as directed by the Engineer. -7- TL-f I' I' I I I I I I I I I I I I I I I. I I 3. All te:tporarY overhead special guide sign strl,1ct:UreS shall be lighted ~ Scx;xl as erected and shall remain _ lighted, during the !:'aIrs of darknesS, until the tercorary sign is no longer requu-ed. 'nle Contractor.shall notify 'the Po.Er carpa.~y at le~ thirtY (30) days prior to desiring camectic::.n :to the ~ scurce. . . 4.. 'lhe inst.aliaticn of ~new permanent ~i ~ 1 guiee signs and the permanent lIOdification or resett.i.n9 of exis-..ing special guide signs, ~ included in 1::he contract, shall be ~l.isheQ ~ soon as practical to minimize 'the usll of t.er;:OI'ary special guioo signs. - All new permanent overhead special gui.~ 5igns shall be lighted z:s so:m - ~ erected. 5. Terrp::lrary special" guide signs 't:hat tray be required in addition "to, or b replacerrent for. existing expressway and f:r~ (interstate) signs rrust be Cle.signed ind fabricated in o:xt;:>llance "d.th the 'II1.i..ni.mJm requirerrerrt:s- for guiSe signing contained in part 2E "Guide Signs ~ressways" and Part 2F "Guide Signs FreeJaYS" of the MI1!CD, except that the mi.nimJrtl size of ill letterS and nurrerals in the narre5 of places, strerts and highways en all signs shall be l6 .inch'='-s Series "E" initial upper-case and 12 inches l~-case. All inte...?"State shields c:r1 theSe signs shall be 48 incheS and 60 ~-s for ~al and 1;hree-nurreral rart.eS, r~vely. Additionally, "the exit road mm:e or route shield shall be placed C%'l 'the exit gore sign. :F. Posts for all te:uporary (guide, warning, regu.l atory or . special guide) sign installations shall be so ~trueted to yield upct1 ;iJ:I:pa..-t to 1'tli.nimi.%e hazards to tI'OtCrists or be protected by tenr""rary traffic barri er or inpact at:t:enUatOr. - G. All existing, te;rporary, and new petmanent signs shall be ins-...alled so as to be Catplete1 Y visible ~or an acivance distm'1ce of at least 500 feet. Limbs, brush, constn:clion eqciprertt and materials sMU be kept clear of the driver's line of sight 1:0 the signs. H. All const.ruc'"~on warning signs shali have t'WO 18 inch x 18 inCh fluorescent red-orange or orange-red warning iligs nounted CI"l each '\oiten o.isplayed during daylight hours and a sin91e direction Type "A" ye11CM flashing light \oihen di..spl~yed at ni~, including the project cons-_""Uction signs (G2()-1 and G2Q.-2). warning signs ~ll Pe pl~c:ed ahead of constructi~ in aceordllnce with Pa.rt VI of t:ha frt1IO). All c;onstP1ction wanrlng signs en divided highways shall be CbJble indicat..e:O. (i. e., en 'the left emd right sit12s of the roadway). I. 'The sequential or flashing ~ panels sha11 be placed on the shoUld2r at or near the point where the lane closing transition begins. '!he ~-1s shall be rrounted on a vehicl., trailer, or other suitable sup?Ort. vehicle nount.ed panels shall be provid2d with rert:Ote controls. MiniJrum rcounting height shall be 7 feet al'oVe the roadway to the OOttcrn of the panel, except. CX1 vehicle II'Cll.lnted panels which sha.1lc:1 be as high as practical. J. 'The ~le variable treSsage si~, when specified, shill re placed ahead of c;onstruCtioo activities tnd will nest the regui.rerrents of section 632. -8- TC-/o 06/17/93 11:4~ ~AA 4U~ O~~ u~~u I. I- I I I I I I I I I I I I I I I. I I J{. ".Ihe flashing beacon assert>l y , '-<'hen cpeclii ed, is used in .. . ca"lj unctico ""i:th o::nstI'U--'"'ticn warning signs, regulatory, or gui ~ si.gn5 'to .in:farl!' tr~ff ie of S['E'Ci r\' road conditions . which require additional ciriver attentia'l and .'~ut.ic:n. 'lhe fl~ bear...cn assenbly shall be installed in ~ 'with the ~ of .Section 647. .. 1.50.04 :PA~'"l' ~ A. Generally, full pirtt.ern pavere:nt markings in accordance with Sectic:::o 652 and in confcmnance with Sections 1A and 3B of the KJIOJ US required 01 all courses before the roacrway is q:ened to tra.&fic. During eonst.nx:ti-oo and m:rintenance activities d1 all highways ~ to traffic, both existing markings and zrerkings hpplied unfur this Section shall be :fully maintained until Final Acc~. If the ~ent tnarkings are, or beccne, unsatisfa---tory ih the j udgerent of the Engineer due to wear, waathering, or construetia'l ~vities, they shall be res""...ored imrediatel y . . (l1. resurfacing proj sets pavenent Jnarkings shall be proviOed 00 all surfact!s that are placed over existing mark.i.ngs. en widening, r~al., and new c:on.st:ruct.i.on projectS, pave;rent markings will be as :r~ by 'the ?lans or 'the Eng~-I . B. w.....~.!.S: All traffic striping applied under t:hi.s Section shall be a mi..ni.Jyum four inches in width Md shElll confo:m to the requirenants of Section 652, exeept as nodified herein. Raised paverrent markers shall tre€t the reguUerrents of Section 654. Markings 00 'the final surface c:;n..::l:: se which lI1lSt be rem:wed shall be a ren:wabl e typ2. '!he Contract.or ....i..ll be pe:onitted to use paint, 'the-~lastic, or t.a:pe co pavettent \olhic., is to be ~laid es part of the project, unless ot.herwise clirected by the Engineer. partial (skip) refle::t.ori.zaticn (i. e., refle::--...orizing Cl::lly a portion of a t;t.tipe) will not be a1.1owed. c. oSJl.GE: '1he Contrcctcr shall seouen::e his ~k in S1.1ch a manner as to allaw th2 installation of tnarkings in the final lane eonfiguration at the earliest poss~le stage. In~~...e or. conflicting ex:ist.i..ng pcavenent markings sM.ll be rerroved. ~ept for :f.inal surface, rrarkinqs CXl asphaltic concrete tDirj be cl:>li terated by an o,rerlay course, ",'hen 2PProVed by the En~-I'. ~en an as?haltic conc-'1rt.e overlay is placed for the sole purpose of eliminating conUicting markings and the in place asphaltic concrete sect:icn will allC1W, said over1llY. will be el.igible for paytrent only if designated in the plans. Overlays to c:blituat:e lines will be paid for . only cnce and :furth"'..I traffic shift;s :in the Sa:Ire area will be accc:rrplished with rerrcvable markings. Wy ~ m.i.nfuUn asphaltic concrete thickneSS requiIed to CCNer J.i.nes (generally 60 ).bs. /sq. yd. AsDhaltic: concrete "H") will be allowed. Eo:c:essive buildup will not :be pei:mitted. nhen em overlzsy for: 'th!! sole pU1:p:)se of eliminating ecnflicting markings is not illOoled, t.he markings no longer applicable shall be r~d in accordanc:e with Sub-Section 656. 02. 'D'e eliminatial of conflicting pavenent markings by overpainting with paint or liquid asphalt is not accept.able. For highways c;:en to traffic, narking rerroval equi.prent shall ~ present on the project for use imrediately before any change in traffl.C .9- TC-// I .1 I I I I I I I I I I I I I I I I I lane(s) alignnent. ~ shifting of traffic necessitat..eS rem:rval of cent.erlines, lane lines, or edge lines, all ~uc:h l.:1nes sha1.l be rerroveO. prior to, du..-ing, or i.J'mediate1y after any change so ~ to present the least inte-"""ference with. traffie. If marking renoval ~ tailures cccur I -the eqJ.iptent shall be repaireO or replaced (including leasing equiprent if neceSsary), so that the r~ can' be accaTP1ished wit:hcUt 6;!.1ay. ~ RaiSed ~ ~ke--S (~) are reqLri.red as follal'i'S: 1.. en !nt~ate and Interstate type ttighW-a'jS under C(DStrUCtion, excluding projects ccnsisting prirnaril y of aspha1 t res1.1rlacing items, retro-ref1ecti ve . raised ~t. markers (IU'MS) shall be pla:::ed and/or ma,int.a.ined en inte-"ltediat.e paV'E!!ret1t surfaces cpaned to tr~~ic as follo.1S: a. ~ I.RE l.~---S; 80 foot centerS al skip l.infls with ctJI'\1a~ less than three degrees. 40 foot co....nters on selia lines and all li..neS with curvature between thJ:'ee degrees ~d six aegrees. 20 foot centerS al c:::urres CNdr six ~. :20 feat eenters en lane ~i tions or shifts. b. ~MM?Gm~: 20 fcot c:ente=s. boo each, p1aced.si&! by side. r::. amER LINES: As sh.oWn en 'the plans or ~ by the ~- 2. 01 ether hi~YS under const.ru=tioo. RPMS shall be used and/or maintained en intenrecliate pavarent. surfaces as follCMS: a. SU?~~ lANE LINES }.NI} SOLID L1.NES: 40 feot centerS exeept ~ line shifts. (W1en required in the Plans or ~a1s.) 20 feet centers Ct'1 l~ shi!ts. (ReqUired in all cases.) b. stI?~ p:xmLE SOLID lINES: .40 foot centers (cne each besioo each line) ~pt en lane shifts. (~required in the Plans or proposa1.s.) 20 fCXJt centers a') lane shiftS. (Required in all eases.) RPMs ere ~ a11a,.;ed on ric;ht edge lineS. -10" TC-/2 I I I I I I I I I I I I I I I I I I I I . . 0. ~w:.....IIICNS:FC.R SHORT--W.H~: SaTe exceptions'. to the tim= of p]~t. end pattern of markings are permi rtec3 as noted be.lCloN, ~. full pattern paV'E!:I61t markings ~ requ:i:red fer the ccnp1eted pn7je=t. 1. ~~,~~ a. SKIP UNES: All shcrt-teDt1 skip (broken) stripe shall conform to Section 652 ex:r;~L 1:hJIt stripes shall be at least fcur feet long with a maximJm gc:p of 36 feet. On curves greater than six d2grees, a ~foot stripe with a rnaxinun 9ap of 18 feet shall be used. Th lane shift areas skip lines wi-1l not re allcw=d.. Solid lines will be required. stx:lrt t.em . skip lines will be p:mi.tted far a period not to exceed 14 calendar days. Short-tenn t;kip lines mJSt be repl~ with markings in full CCJTPUanoe \dth Section 652 prier to expiratiCCl ~ ~ 14 calendar day peri.cXi. Te:tporary raised pavem:mt markert may be substituted for the short t.eIIn skip (broken) ~..ripes. . If raised pavatent markers are Substituted for the four foot. short tenn skip stripe, fi"\le raarkers spac:ed at one foot inte-"Va.ls will be required. No separate paynent will be m!de if the tenparary raised pavement marke-rs are substituted for short teP'n skip lines. Tetporary raised paverrent. ~kers shall be ret.ro-reflec'"....ive, shall ba the sam: oolc:r as 'the paverrent markers for \l.'hic:h th....oy are. substitut-od, and shall be visible during daytiJre. "!he type of ~a.."'Y marker anti nethod of att.adlrrent. to the pavansrrt: mJSt be ~oved by .'the Office of Materials and Research but in no case will the marke-~ be att.ached by the use of nails. '!he terrporary raised paverrent markers nust be maintained until the full paverent tnarkings are applied. At the t.ilte full pavarent tnarkings are Applied 'the terrpor~ raised tnarkers shall be rerroved in a tt.anner that will not int.e.rlere with application of the full ~t markings. O. NJ PAS~~: Full ho-passin9 zone markings shall be marked Caily and ccnfotm to Section 652 and in accordance with Sections 3A and 3B of the mrrn. E~, at b,Q-lane, ~ roac:i<rlays for pe...'"iods hot. to exceed three ca1en.cJu' days where skip centerlines are in place, no-passing :z.c:nes rray Pe identified by 1JSing ~t or p:1rt.able IIOUnted "00 WI' PASS" regulatory signs (R4-1 24" x 30") ~ the beginning and at. int.e.rVals not to. exceed l.k mile within each no-passing zone I with a !X'St or ~le rrounted '"PASS WI'IH CARE" regulatory si;n (R4-2 2411 * 30") at the end of each no-pessing zone. Post rn:;onted signs shall be placed in accordan-'"'e wi tb the MJI'CO. Portable signs JTUSt have a miniJrr.Jrn vertical height of three feet ab::1ve the pavenent surface to the 1::cttan of the sign and b3 secured in such a Jra,Mer as tt) not be easily bloWn over or misalisned. -11- TC'-/3 I I' I I I I I I I I I I I I I I I I I c. ~.mES: .Ed3elines will not be required en intenre.d.iate surXa.c::es that are in use for a ~ioo of less than 30 calendar days exce?t. at l1ridge approaches, on lan:e transitions, ..l.-:me shifts, zmd .in such ather areas as. de+..enn.ined bY the Engineer. en final surf aces, edge.lines will POt '.be required on a daily basis, but they shall be placeO. '-litirin 14 calendar Cays of the tiJre that the surfa....~ ""'''as paced. . d. ~ PA~~: S::hool zones, railroads, st.opbars, synbols, word! and etc. shall be pl~ed en final surfaces conforming to section 652 within 14 calendar days of. caroletim of the final surface. en intenrediate surfaces .t.h-=>-Se' mrrkihgs will generally not be required unless speeified by the Ehg.ineer becmJse of special c:ondi tions or \oIhen the inte:cnediate sur:face will be in use zor JDOre than 45 c::alendar d.ays. 2. KlLTI-LANE HI~S a. cent.erlines and No-Passing ~ier - Full pattern centerlines and no--passing baI:riert; shall be restored before nightfalL b. Lanelines - Short-t.e:In skip (b.roke:n) stripe as desc=il:ed in SUb-Sect.i.on 150.04.D.1.a. may J:e used far periods not to exceed three calendar days. c. F.Ogelines - Ed;e1ines shall l:e pla-""eQ al int.el:n'ediate and final surfaces within 'three calendar days of obliteration. d. Miseellatl2Otl.S PaVe!Iellt Markings - Satre as SUb-~..i01 150.04.D.l.d. 3. L:tM!'TED A.ry<T:'~~ ~s AND ~S h'TlH PAVED SEOOI..!JERS GREATE:R THAI~ FOOR fi:ET a. Sane as SUb-Secticn 150.04.D.2. b. Edgelines - Edge1ines shalll:le placed on interrrediate and final surfaoas prior to ~g to traffic. E. ~l::P.L.lcxr:rCN OF 'l:RA..~C smIPES: ~ Contra--tor shall furnish la.yoot, clean as necessary, and pre.li.ne the surface for the placenent of pavement markings applied unc3er this Section. All e:x.isting marking tape en final surlace.s shall be raroved prior to placerrent of final markings . Eristing :No-Passing ZoneS lrI..1St. be clearly designated ~ to lo:atico prior to con.st.ru::tian in order that theY may be reestablished for znarJdng purposes. en proj~...s ...mere either hori~ont.al or ve.-""1:ica1 aligrnents have been m:Xii.fied, the lceatia1 of No-Passing Zones 'Will be identified by the Engineer. -12- TC-It;Z . . I I I I I I I I I I I I I I I I I. I I ~ When traffic:: s-....ripe.s (centerlines ,lane lines, and edge lines ) are applied in CC!rt.inu0J.lS q;::eration by moving vehicles and equi~t, 'the follc:Ming mi..nim.n warning devices shall be required. ~. The lead vehicle shall have an approved ~ntial or flasJ-..ing a.-.ero.: panel !n::U1ted so a9 ~.o be easily visible to cn..-::rning t.."'=.ffic. (Required for cem;erline adjacent to ~ing traffic. ) 2. The ve..lllcle applyrng the stripe shall have a seqlJe.!1tial or flashing ~ pall"'..l ana shall foll~ directly behiri.d the lead vehicle. 3.50.05 3 A The vehide' putting out. the ctneS shall follCM direct1 y l::eh.i..nO the stripe applying vehicle and shall have an approved sequential or fl ashing arrCM panel. In addi cion, for m..ll tilane highways, the vehicle shall also dispiay a prc:tninent .sign with the legend "PASS rn :u:n' (IUGST)". 4_ All veh.ie1es shall be equipped with the official slew noving vehicle ~ sign. ~CN IlEVICES A. For this Section, 'the te.Dn barrieadcl shall be deered to tIean a ~ I or 'Iype n barrica& or vertical panel that has a rni..niIm.lm of 270 square inl::N=>-5 of reflective area facing traffi.c or striped drum ~ specified ~, t...\je MIJTCD. ~ept. as noted in the contract d::currents, ~ Contra..."""tCr has the ~ to sel~ the type ba,rric:ade used provided 'that ba..'"riea.Oe.s of the sene type are used within ea!Ch individual l.in2 of c::hanne1izaticn. H:tal Cruns will not be allowed as channelizaticn devices. Channelization &:vices with placerrent ~ specified in SUb-Sections 150.05 and lSO.06 or plans, or p~ conerete barrier, if specified, shall delineate the full length of . a lane closure, shift, or em:roachrrent. Barricades are required far nightt.i.tne lane closures,. shifts, or ene::-oac:hrrents and shall have steady bumi.ng lights. ~ cenCi tions "'-a.rrant and the Contractor ~es to cease barricade lighting, i.t is una.o::ept.able to allOJ any barric::ad2s witlrin a l.ine of delineation to ra:oain lighted. Far longitudinal channelizaticn c::cl.y, fluorescent orange traffic c::ones (28 inches m.ini.nun height) will be all~ for daylight clOSU!'es or shi:ftS. SQwever barricades, ~ spec if ied, will be required for all tapers. When the apprq:1riate signs are p::lSted acrv-ising of conditions such as soft or 10,.1 shoolders, channelization &;vices may be rerroved after shoulders are to typical sectioo ana grassed and dter guardrail C1r ether safety devices have been installed. g. O1anrY>Jization &=vices shall be spaceQ as listed bel~ for various roa~iae w::lrk conclltions or as rrodified by SUb-Sectial 150.06. SpacinS shall be used for situatialS JTeeting any of the conditicos listeO. as follows: 1. SO ro::rr SPN:IN3~: Requires steady burn lights if conditions exist overnight. -13- TC-/5" . I. I; I I I I I I I I I I I I I I I I I a. For cliffere!'.Ce in elevatic:n ~g two inches. b. For healed sections no st~ 'than 4: 1 as sho-m in SUb-5ectic::n ~.50. 06, Figure l.SD-C. 2. 100 FCOT. SPACnli~: Requires steady burn lights if . conditir;nS enst cvemight. a. For difference in e1evitt.ial ~ tw:> inches or less. b. 'Flush. areas \oIhe..'"e eq'..ri..prent or w:lrKers ill"e wi thin ten :feet of the t:nVel lane. 3. 200 FO:1! SPACIN:; MAXlJolli: loihe.rll eouit:mant or ~ke:rs are tn::l-~ than lO feet iran travel lane. t..at.erai offset cle~"'ance to be :four feet :fraIl the traVel l~ and ekes not require steady 1:lUI:n lights. . a. For paved areas eight feet or gre-:rter in width that are paved flush with a standard width travel lane. b. For disturbed shoulder a..'"'ea.S 1m earoleted to typical sectioo 'that are flush to the travel lane- and ccnsi~ed a usable shouJ Oer . 4. TRll.N5!TIOO TAPr-~ 1IND LANE: CLQSmttS: '!he mi.ni.nn.ml length of the ;,p'2roacll transi tic:'l taper for a lMe closure, shift, or ericroacment for highways with ~od speed of 45 rrph or greater shall be equal to the l:me width of late=a1 shift (Ft) x the posted speed limit (M?h), (L:: WS) ~ bJt not less than 150 feet. For multiple lane closures, only CO2 lime may be closed. per taper with a rnin.imJm tangent length of 2L ~Jl Upers.. '!he length of a closed lane, exc1 uding the trimSitidl tapar, will be limited to ~ miles I \mless otherWise approved eX' directed by the Engineer. ~ca~ shall be placed the full lehgth of the taper spaced at nexi.Jm.1rn interVals in feet egu.al to the numericel speed limit (EXAMPLE:. 55 J?h Speed. Limi. t = 55 feet maxiJro.mt Spacing) . l3a.rricades with steady burning lights are" requireO if the candi tion exists into the night. . For taper lengths al urbani residenti.a1 or other streets where the p::S:ed speed is 40 nph or less, the minirrum length of the ~~ transi tioo taper may be carp.:rted using the fonrul-a L -=' WS /60. Greater t..a:per length shall be used \rA1en :required fer inclivi.aual si:tuaticns . 5. FP-ECAST c:::cN:R-~ E1I.tUU:rn: "''hen precast concrete barrier is used, steady burning lights at 50-foot. spacing shall be placed en t.c::p of the barrier when the barrier is l~ted eight feet or less fran a travel lane. ~ precast cot1crete barrier is used in a !l'edi.an or other area which is ~!&ible for maintenance without int.erferen:::e to traffic flew, 12. x 36" verl.i.cal panels tray be used in lieu of steady burning light3. hhen the barrier wall is lccated fran eight to 20 feet fran the travel lane, 12" x 36" vertical panels shall be placed at 50~fc:ot rnaxinuJm intervals.. -14'" TC-/t I~ . I; I I I I I I I I I I I I I I 1 1 I J ~J:lO.r~' end of precast c:onc=ete bart'ier shall be flared 0::- F;"'.....ec"'"....ed by m1 .iJrpact att.enuator (t::rash cushion) or ifJ1e"" ~oved te.atIIent...in accordance ".-ith cia . Std. 4 9 60, ~ ootails and S-~dard Speci.ficatic:lS. On i.n+...e.rs+...at.e or other rontrclled act'E'55 highways where ~ shifts or crossovers cause ~ing daffic to be separated by less t:han "'0 ft., precast ~ batrier shall be used ~ a separator . 150_06 EXCAwcrICN NJJ1CI!1:lr ID A ~va lANE: ~oo \oo'OI"k involving trenChing adjacent to a travel way shall not begin until the Contra.....-uJr is able to continuously place the required typiea1 sectic:n to within "tw::l inc:::hes of the e:ci.sting paverent e1evatibn, or heal the retcining differen--e in elevation to the traveled way is shown in Detail 150-C. 01a.nneliza+-..il:n eevices and pl~t dl.Iring the const:rUcticn pe-""icii shall confc::1I1 to the requi.remmts of Sub-Section 150.05 and Details lSQ-B, 15D-C, e.nd l50-D shown herein. In addition to the signs specified in 5eCti~ 150 and the MUICD, a W-20 sign with the legend" (LEF'!') (RIG:U) LANE ~" with t~ flags shall be kept just off the paving edge and 500 ft. upstream of tile point \.'here channel.izatic:n' c3e-cices ue erected on t:b=. paving edge. A. ~~, son. ~~.TE El'..s:ES, ).NO SOIL ~...s:ES: OIcp--offs in elevation of n:o-v-e than tw::> inch'='...s betweetl surfece.s ~'"rYing , or adjacent to, t..1ffic will not 1::le a1101led for uore than 24 txJurS. ~ , \o...~ the Cc:ntr2l:""....or h.!.S &m:;hstrated the ~Ui ty to continu:1USl y e:c2vate mlO ba.:kfill in a pt'oficient manner, a single length of excavated area not to exceed 1000 ft. may be left q?eI\ as a start U? ~ea for periods not to ex=eed 48 lnIrs. B. J! ~ EASES/BINDERS: tlrcp-of!.s in e.levatioo of lIOre than "tWO i..nchc-5 bet"..-een surla-..-es ca.:r::y'-ng, or adjacmlt to traffic will not be all~ :for m::;l...'"E than 46 tn1rs. c. ~ crMEm' CCN:?EIE AND CD-M STABILIZID PASES: Consttu--t.ion work adj acent to the traveled way whieh invgl vas theSe types of bases \cill not be healed provi~ the Contractor pursuo~ plad.ng the pavesrent as SCX%l as the curing period is catplet:ec1. During the pla....~ period., traffic ccntrOl Oevic;:e.s will be .in ao:oro.anee wi th su=:-Se::tic:n 150.05 and Detail 15(H~. D. HI~S E(O..VATlrns CR IJRCI?-OfFS NJJ1CI!1:lr 'IO TRAVF.:I..JilR1: Work su::h as drainage stnx:tUres, utility fAcilities, or any other wxk \w'h.ich results in 12 drq>-eff adjacent t4l the trave1....ay shall l::e pe.....-fomed expeditiously so as to minimi.%e the exposure to the hazard. As so:Jn as practical, the excavation shall be backfilled to 'the mi..ni.IIdn requ.irerents of tetail 15~. In ro case will the drop-off be a1l~ to exist yrore than five calendar days. nus tray require stage constnlctic:n, such as plating and backfillihg the incooplete ~. -15- TC-/7 I .1' I I I I I I I I I I I I I I I. I I .. NOTE: Vertical Panels 8 reouired for ~h1S location, spaced at 50 ft. intervals. - ---1- NEW COtlSTRUC:TtOrl LDcAtion of barricade whilf dro~-off exceeds 4 inches ---------j ----------1 tAA VEL LANt; ~ DROP-OFF GREATER THAN A.INCHES FI GURE . 150-B -16- TC-/8 - I. I I I- I I I I I I I I I I I I I' I. I - . Compacted g,.aded Aggregate, $ubbase I1!terial or di rt. 8 Location of barricade i~ediate'y efter c~'etion of healed section, spaced at' 50 ft. intervals. - '~ - ~ ...... -... ~ ---. ..-, - -..-. --------:----~ . --1 flnt CCHiSTRUmON ---r TRA VEL L4rrr HEALED SECTION FIGURE 150-( Location of barTic~de while - d~p-off is 4 inches Dr less spaced at 50 ft. interv~ls. 8 -.-f Hnr CONSTRUCTIon HOTE: After paving to ~thin 2 inches of the travel lane e1evation. move barr;c~des to a point 4 feet fram the edge of the travel way. SteadY burn lights ~y be removed and spacing increasec to 100 ft. intervals. ----....- -~ -- ~ ----- --- ---i" . nAvtl LANE ~ . ~ I ' DROP-OrF OF 4 INCHES O~ LESS f'IGURE 150-D .17. TC-/9 . I I I I I I I I I I I I I I I I I. I I 150 .07 ~ I&) PIIDl' C1lRS: A.. Flagge..-s shall . be p-'"'OVided e.s reqdi.red to hlmdle "traffic, as specified :in 'th2 Pl~ or sreci..al ?rovi.sicns, and ~ required by the Engmeer . , , B. All f1~~~~'"S shall Il'eet the r~en"ent of part 6F of the M!J'IO) and m.JSt have rece.i ved t:rai.ning and a esrti.fic::ate upon CO'lPletic::o of tre training fron a r::epa.rtIrerrt e:pp-oroved trai.ning pro;ram. Failure to provio= certified f1~ggers as reguired ~ shall re reasCi'1 tar ~ l::ngineer suspen.Qi.t19 ~k invcl ving' the .fllsgge.r (s ) . until the Contrae"...or provic.=es the c::erti:fied flagger (s ) · c. F1~gqers shall ~ar zs fluorescent orange C2lp or hat, and a fluorescent orange vest, shirt, or j~t., and .shall use a ~/SlOoo1 paddle ueeti.n9 the requirerre:nts of section CF-2 of the MI.1ICD for . controlling ttaffic. ~ Step/SlOw paddl. ~l have IS shaft length of six (6) feet mi..n.imJm. In addi tiCX1 to tl* stc::p/S1CfW paddle, a flagger may use a 24 incl1 square red/orange fiai as an additional Cevice to c:tttract a~t.err..i.on. For night ~K, 'the \rest shall have reflect.cri%eQ st..-i pes c:r1 :front ~d ~. D. pilot '\l""..hieles shall be provi02d if specified. in the Plans or SpeCifica-...ions mld neet the reguiIe:rents bf pan. .6F-9 of the MO'It:D. E. Signs fer flagger traffic c:mtrol shall be placed in ~dI.raD:e of tl:e f1a~ging ~ atirn in accorc2nce with the MO'!OJ.. In addi tioo 'to the si gns reqilied by the MrJIO), signs at regular inte.....-yaJ,s, wa..""ni.n9 of the presenee of the fl~;-gc...r shall be placed beyond the point wh2re tra..~ic can reason!bly be ~d to ~ under tOO m:st severe conditions far ~t day's \lrm"k. lSO.08 ~: 'D1e safe passage of triliic 'thra.:lgh and e:ound the ~k :z.on2. ~e minimizing confusion Md .c:lis~~on 1:.0. traffic flOoo1, shall have priO-~ty over all ether Cor1tract-o.... actiVities. continued failure of the Ccntract.or to c:nply with the reqairerrents of Sectim 150 (TRAFFIC . CCN!'ROL) will result: in ncn-refundable C;iedu...--tions of rronies :fretr. the Contra...-t as s~ in this S\Jb-Sectir;n fot pa'l-pedc.tItan-.-.e of Work. Failure of t.he Contractor to c::rtply .with this Specification shall be reascn' for "the ~gineeI suspending ill other worK en the Project, exce;;t erosion control and traffic contrtll, taking corrective a...--tion as specified in Sub- Secticn 105.15, UJd/ar wi thhol ding payrrent. of m:cies due the Contr~""tOr fer any lo.'OrK C%1 the Project \JI'ltll traffic; CCX1t:ol defic:iencies are cO-rrect.ed. 'lnese othet aetic:cs shall be in additial to t.~ ciedu---tions fer .noo-perfonrance of traffic ~t:rOl. -18- -rC-20 I- I; J I I I I I I I I I I I I I I I I I ~ CF ~lrns FCR ~ c:P.l.EN)M{ bAY CE ~ a: . ~ cmm;L ~ m:>/tR ~ auGINAL '!OrAL a:NIR.~ >>n:Nr na:o H%e "lhm'1 ~ and :Ircl.~ : Daily ~ s 0 100,000 1,000,000 5,000,000 20,000,000 40,000,000 . $ 100,000 1,000,000 S,OOO,OOO 20,000,000 40,000,000 S 100 250 500 750 1,000 1,500 150.09 ~: A. ~~C cnm<OL: i'tnen 1is-...ed as a pay item in the PJ..~' paynent will be made at the Ltmp SUrD price bid, \ow'hieh will include all 'traffic c:::JrItrol not paid for separately, ahd will l:le paid es follaws: ~"'l the fL"St Ccost:ru;-'-..iCCl Report is suhnitted, a pi'yuent of ten (10) F&'C!mt of the LtJII\' SUm pri.~ will be made. Fer ea:h prc:gress payne:'lt thereafter, the Project percent carplet2 shoNn en the last ~ s""".....aten'ent plus ten (lO) percent will be ~d (less previous payrrents) not to exceed ore hundred (100) percent and ~ject to nomel ret.ainage. ","hen no payme."1t it$) for '!raffie Cc;ntro1 :L~ S1ml is shooIn in the Prqx>Sal, ill of the requi.rerent5 of Sectic:n 1.50 and the 'rraffle control plan shall be in full force and effect. "The cost of ccnplying ",,'ith ~-5e reqlJirerents will not. be paid for s~at.ely, but shall be i~luded in the overall !:lid suhnitted. B~ SlQS: ~ sh~ as a pay ite:'D in the Prcposal, te:tporuy special guide signs will be paid for ~ listed be1"-'l. All ot:.rer regulatory, wanring, and guide signs, as ~equired by the Contract, will be paid for unc3er Traffic Control LWtp SUm or included in the overall bid subui tted. 1. ~ary ground II01.lI1ted or tent:ora--y overhe1!d special guiee signs will be rreasured for payrrent by the square fO:Jt. 'This paynent shall be full catpensaticxi for furnishing the signs, incl uding supports as required, eract.ing, ill ur'ninating overhead signs, maint.ai.n.ing, re:rt'O'Ting, re-e.reCtin9, and final refl'O\Tal fran the Project.. P ayrrent \or'ill be made on1 y one tine regardless of the nurrber of nove.s required. 2. Rerove ana reset existing special gui~ signs, ground no.mt or overhead, ccrt;Jlete, in place, will be Jreasured for payrrent per e a::h. Pa}7TE11t will be made only c:oe t..i.ne reg ardl eS S of the nurrbe.r of rroves required. -rC-2/ -19- I I I I I I I I I I I I I I I I I I I 3. .M:dify special guide signs, grounl5 rrolJnt or oVerhead, .....ill be neasured for payment. by the. square foot. 'The area ne,asu=ed for payment shall incluOe ally that portion of the sign II:CC.ified. paymant shall inel ude materials, rern:7\Tal :f.ran pos"'"....s or ~ when necessary,_ and renomting as required. C. PREX:AST M:DIAN EA.l:\P.n;R: ~ Preeast ~ ~""rier will be treaSUX"ed e.s ~; of ied in Sec"'"...icn 62.2. D. VARIABLE MESSJ'tiS SIGN, POO:TAELE: variable ~sage Sign, ~...able will be neasurea ~ specified in Secticn 632. E. ~ GJA.-:mRAIL ~, ~ 9: T6tp:lrary Guardrail Anchorage, 'l'J'j;le 9 will be nea..sured as spec:ified in se=tioo 641. F. '.rnA:r'IC SI~~ mSTAL!.ATIOO -~: Traffic Signal !nstallatial _ ~ will be neasured its spe:ified in .section &47. G. FLASHIl'G ~ ASSEMBLY: Flashing Beacon Assenblies tJi-1l be rreasured as specified in Secticn 647. H. ~, SAND LOMJED ~ M:OlILES: ~ary Sand Loaded Atte:nutor !obdules \.ul be zreasured ~ specified in Sectico 15 o. I. FA~ MARKnGS: Pav~~lt~l1t markings 101ill be zreasured. as specified in Seetion 150. 150.10 PAYMENr When sh:M'n in the S::hedule of I~ ;in tile ptc;::csa1, 'the fo1lMng itetS will be paid fot" separ;ately. Item No. 150. Traffic ~......................................Lum? Sum Item No. 150. Traffie control, Solic3 ~fie St--ipe Inch, . (COlor) .. ...... . .. ........ .. .... ... .. .. .......... . . . ..per Linear ~..i1e lten No. 150. Traffic Control, Skip Traffic Stripe Incll, (Color) . . . . . . . . . . .. .. . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . ..per t.in.ear Mile :rt.ero No. 150. Tnffie Control, Solid Traffic Stripe, ~l2$tic :rnc:t1, (Color)........ _... ..... _...;... ............~ :L.:i.rlear l1ile ltan No. 1.5 0 . "traffic; Control, Skip Traffic; stripe, 'D'"term::lplastic InCh, (COlar).................................per Linear ~e It~ No. l..S0. Traffic COntrol, p~ Markings, WorOs and Sy.mbols........................~...........~..~ Square Foot It.ero No. 15 0 . Traffic ~~~...........................................per EaCh Control, pavere,nt ;.xra-t with Rai~ rten No. 150. Traffic Control, Raised paverrent Markers-All Types...per Each -20- TC-ZZ J I I. I I I I I I I I I I I I I I I. I I ~ required for traffic control the followirlg items shall be paid for separately under 'their r~ ve pay i tern. Item No. 150. Ten? Ground 1-bunted Special Guide Signs.. _....per Square Foot Item No. 150. Tenp overhead Sfec~al Guide Signs.............per SgU3I"e Foot Item No. ISO. Rem:Jve &- Reset Existing Special chide Signs, Ground Mount, ~lete in Plaoe......................per Each Item No. 150. Ratove & Reset Existing Special duide Signs, O\Terhead, Cc:rrplete in Place.... 06.............o6..........t:er E:ach Item No. 150. Traffic Control, Terporary Sand Loaded A:tten1.1ator ~es............. .. .......... ...... .. .........."... . ... .. . .. . .... ... . .. .. ...~ ~ Item No. 150. Traffic Control, pavenent Marked, Words and Synt:ols......... ..............................................per ~e Foot :Item No. 150. Traffic Control, Paverrent .Atr~(Painted) With Raised. Refle=tors...........................................per Each Item No. ~50. M::xiify Special Guide Sign, Grc:une!bunt..... u per Square Foot Item No. 150. fobdi.fy Spe:::ial Guide Sign, Ov'e:rhead........... per Square Foot Item No. 622. Precast Con::rete ~aian Barrier............... per ~ Foot Item No. 632. variable M;$sage Sign, Portable......................per Each Item No. 641. 'I'enporary Guardrail Anchorage, ~ 9............... .per Each Item No. 647. ~affic: Signal 1nstall ati on, 'I'atP...... u eo........ uLtmp SUm Itan No. 647. Flashing Beacon Assembly, .st..ruet;Ure M:>unted. eo. . . . ...per Each Item No. 647. Flashing EeacCl'l Assembly, Cable Supported. -. u.. .. . ..per Each -21- TC-Z3 I -I I I I I I I I I I I I I I I' I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISIONS 03/21/96 PAGE 1 CT 10 : C-31653-960-0 DRAINAGE IMPROVEMENTS ON CR 200 (WHEELESS RD). ------------------------------------------------------------------------------- 5 . P. CODE SPECIAL PROVISIONS DESCRIPTION ------------------------------------------------------------------------------- 107190SP l08178SP 161289SP 400287SP 4021~9SP A93000SP A94000SP A95000SP A96000SP A97000SP A98000SP A99000 LEGAL REGULATIONS (ENVIRONMENTAL)COUNTY/CITY CONTRACTS WAIVE PROGRESS SCHEDULE SOIL EROSION & SEDIMENTATION COUNTY/CITY CONTRACTS ASPHALTIC CONCRETE (COUNTY CONTRACTS, .LARP, LAB & AIRPORTS) HOT MIX RECYCLED ASPHALTIC CONCRETE CO. CTS.,LARP & AIRPORT 1993 STANDARD SPECIFICATIONS EDITORIAL CORRECTIONS IEF ENG EE CC-I I I I I I I I I I I I I I I I I I I I . .. # Revision: May l~ 1994 DEPARTMENT OF TRANSPORTATION STATE OF, CEORCIA SPECIAL PROVISION SECTION 107 - LECAL RECULATIONS AND RESPONSIBILITY TO ~E PUBLIC ~10DIFICATION TO THE CURRENT STANDARD SPECIFICATIONS DELETE SUB-SECTION 107.23 AS WRITTEN AND SUBSTITUTE THE FOLLO~INCs 107.23 ENVIRONMENTAL CONSIDERATIONS: All_ environm~ntal considerations and clear~nces shall be the responsibility of the County or municipality to meet, including the requirements of Section 404 of the Clean ~ater Act (33 USC 1344). A::.:lr Jul)' 1. 1991. State funded projects must comply with the requirements of Chi!pter 16 of Title ).2 of the Of:icial Co~e f)f Ceorgia Annotated. the Geo:-gia Environmental Polic)' Act (GEPA}, of 1991. In compliance \lith GEPA, :;,ose p:"ojects for ,.:hich Federal funding is so~ght, and NEPA. cOio'lpliance is 2ccomplished. are exempt fro~ the requirements of GEPA. tE?A requires that environmental docu~entation be accomplished for County or City projects if more than 50 percent of the total project cost is funded by a grant of a State Agency or a.grant of more than $250,000 is made by the State Agency to the municipality or Coun<:y. The "responsible official of the government agency shall determine if a proposed governmental Ac':ion is a proposed governmental action 'Which may significantly adversely affect the quality of the environment". ~. '!HE r:OLLOIaNG PROJECTS WOULD NOT SIGNIFICANTLY ADVERSELY UYECT. THE QOALITY OF THE ENVIRONMENT: Non.land disturbi~g activities and minor land disturbing activities \.Ihich 'Would not be anticipated to significantly adveraely affect the quality of the environment include the follo\.ling Ust. Theae types of projects funded wIth state money \lould not be subject to environmental"; assessment of any kind. Hearing procedures outlined in CEPA would not be applicable. 1. Minor road\.lay ~nd non-historic bridge project.. a. Moderni%a~ion of an existing high\.lay by resurfacing, restoration, rehabi11tation, adding shoulders, \.Iidening .. single lane or lUJ in each direction, and the addition of a median within previously disturbed existing right-of-'Way. b. Adding auxiliary lanes for localized purposes ('Weaving, climbing, speed changes, etc.), and correcting substanda~d curves and intersections 'Within previously distprbed existing rig~t-of- \.lay. c. Non-historic bridge replacement projects in existing alignment \.lith no detour bridge. cc-z . " , , I -1.. I I I I I I I I I I I I I I I I I I 2~ Lighting, signing, pavement marking, signalization, freeway surveillance and control systems, and railroad protective devices. 3. Safety projects such as grooving, glare screen, safety barriers, energy attenuators, median ba~riers, etc. 4. Highway landscaping and landscape modification, rest area projects and truck weigh stations within previously disturbed exis~ing right- of way. s. Construction of bus shelters and bays within existl~g right-of-way. 6. Temporary replacement of a highway facility which 1s co~enced immediately after the occurrence of a natural disaster or catastrophic failure to restore t~e highway"for the health, welfare, and safety of the public. B. 'IRE FOLLOWING PROJECTS HAY NOT SIGNIFICANTLY ADVERSELY AFFECT 'IRE QUALITY OF THE ENVIRONMENT: For projects which will cause land disturbGnce and for which there is no Gnticipation that the project may significantly adversely affect the qlJality of the environcent, certdn studies will be undertaken. These studies would serve to docucent 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 he use of the "GEPA InveHigation Studies" checklist. The types of project which would fall under the category would include: 1. Bridge replacement project on new location or with a detour bridge, w~ere there are no significant adverse impacts to historic or archaeological resources, no involvement with Federally listed threatened and endangered species and no significant adverse impact .to vetlands. 2. Passing lanes, median additions and videning projects, where there" are no significa"nt adverse impacts to historic or archaeological resources, no involvement with Federally listed threatened and endangered species and no significant adverse impact.to wetlands. J. Safety and inter.ection improvement. where there are no 8ignificant adverse impact. to historic or archaeological resources, no involvement vith Feder.ally listed threatened and endangered speci!s and no significant adverse impact to vetlandJ. - 4. Rest area projects and truck veight st.-tions vith no purchase of additional right-of-vay. 5. New location projects vhere there are no significant adverse ;mpacts to historic or archaeological resources, no involvement vith Federally listed threatened and endangered species and no significant adverse impact to wetlands. CC-3 . & I I I I I I I I I I I I I I I I I I I . . If studies demonstrate that the project viII not significantly adversely affect the quality of the environment, project files viII be do~umented. If studies demonstrate that the project may significantly adversely affect the. quality of the envirpnment, development of an environmental effects report (EER) viII be undertaken along vith full GEPA compliance. . c. THE FOLLOWING PRO.reCIS HAY SIGNIFICANTLY ADVERSELY unC'r THE QUALITY OF THE ENVIRONMENT, This category of project may include major videning and nev location projects. If such projects result in a significant adverse effect, an EER shall be .prepared. D. lER PROCEDURE: GEPA calls for consideration of the "cumulative effect of the proposed government actions on the environMent....if a series of proposed government actions are related either geographically ~r as logical parts in a chain of contemplated act ions". Therefore, EER' s for sections of roadways to be widened or built as new location facilities will include all projects which are .connected geographically or as logical parts in a chain of contemplated actions. 1. During preparation of an environcental effect report, the County or municipality will consult vith and solicit comments from agencies which have jurisdiction by law, special expertise, or other interest with respect to environmental impacts. 2. In compliance with GEPA the following shall be contained in the EER, at a minimum: a. Cover sheet; b. Executive summary; c. Alternatives, including the no-build; d. Relevant e~vironmental sett~ng; Geology, soil., vater supply and vetlands, flord fauna, arChaeOlogy/history, economic enVironment, energy, cultural resource.; e. The environmental iMpact of the proposed action of the relevant setting and mitigation measures proposed to avoid or minimize adverse impacti f. Unavoi~able adverse environMental effect.; Value of short-term u.es of the environment and Maintenance. and enhanceMent of its long-term valuei g. h. Beneficial aspects, both long term and short term and its economic advantages and disadvantagesi L Com:'llents of agencies ""hich have jurisdiction by law, special expe~tise, or other !nte~est with respect to any p.n~ironmental impact O~ rcsou~cei CC-4 I I I I I I I I I I I I I I I I I I I . ~. . 9. 3. At least 4S days prior wi th the undertaking, in which the proposed to occur notice that prepared": to making a decision as to whether to proceed publish in the "legal organ of each. county governmental ac.tion or any part thereof is an ~nvironmental effects report has been 4. The County or municipality shall send a copy of the EER and all other comments to the Director, EPD. S. The County or municipality shall make the document available to the public and agencies, upon request. 6. A public hearing w111 be held in each affected county if .i least 100 residents of the State of Georgia request on within 30 days of publication in the legal organ of an affected county. The responsible official or his designee may hold a public hearing if less than 100 requests are received. [The County or municipality 1s not relieved of other State legal requirements of publi= hearings, hO\o1ever. ] 7. :ol1o\o1ing the public notice period e.nc/or public hearing a sum::nar). of the document, cozments received anc recommendation as to whether to' proceed with the action as originally prepared, to proceed with changes, or not to proceed will be prepared (Notice of Decision). 8. This decision document, ""hen signed by the responsible official, wi 11 be. sent to the Director, EPD, and an abbreviated notice of the decis ion will be published in the legal organ of each county in ",hich the proposed goverru:lental action or any patt thereof 1s to occur. A copy of the decision document, the EER, and public hearing co~ents (if any) will be sent to the DEPARTMENT OF TRANSPORTATION, OFFICE OF ENVIRONMENT AND LOCATION and the DEPARTMENT OF NATURAL RESOURSES, ENVIRONMENTAL PROTE"cTION DIVISION for their files. DEPARTMENT OF TRANSPORTATION .OFFICE OF ENVIRONMENT AND LOCATION . 3993 AVIATION CIRCLE ATLANTA, GEORCIA 30336 DEPARTMENT OF NATURAL RESOURSES ENVIRONMENTAL PROTECTION DIVISION 205 BUTLER STREET, SE SUITE 1152 ATLANTA, GEORCIA .30334 Any mitigation measures identified in the EER will be incorp~~ated into the final project plans. Office of State Aid . CC-s DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION I I 108178SP FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 SECTION 108 - PROSECUTION AND PROGRESS MODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS FOR THIS PROJECT, THE PROGRESS SCHEDULE REQUIRED BY ARTICLE 108.03, NEED NOT BE SUBMITTED. C~b 161289SP DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 REVISED: NOVEMBER 6, 1995 SECTION 161 - CONTROL OF SOIL EROSION AND SEDIMENTATION MODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS RETAIN AS WRITTEN AND ADD THE FOLLOWING: ALL EROSION CONTROL ITEMS NOT COVERED ELSEWHERE IN THIS CONTRACT SHALL BE THE RESPONSIBILITY OF THE COUNTY OR CITY TO MEET THE REQUIREMENTS OF CHAPTER 7 OF TITLE 12 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, THE EROSION AND SEDIMENTATION ACT OF 1975, AS CURRENTLY AMENDED. C~7 I -- I 300284SP DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 MODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS FOR THIS PROJECT A FINE GRADER AS SPECIFIED IN ARTICLE 300.03.H. WILL NOT BE-REQUIRED. ~ - I ,I I ! CC-8 I. I I I I I I I I I I I I I I Ii I I II I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION 400287SP FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 SECTION 400 - HOT MIX ASPHALTIC CONCRETE CONSTRUCTION MODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS 400.05 CONSTRUCTION 400.05.C.4.: DELETE SECOND PARAGRAPH AND SUBSTITUTE THE FOLLOWING: MIXTURES FOR LEVELING COURSES SHALL MEET THE REQUIREMENTS OF THE APPROVED JOB MIX FORMULA AS DEFINED IN SUBSECTION 400.06 AND ALL APPROPRIATE REQUIREMENTS OF SECTION 828. 400.05.C.4.a.: SELECTION OF MIX TYPE OF LEVELING AND PATCHING: RETAIN RETAIN AS WRITTEN AND ADD THE FOLLOWING STATEMENT UNDERNEATH TABLE 400.05.C.4.a. WHERE THE SURFACE MIX IS TO BE A SAND ASPHALT, SAND ASPHALT I OR SAND ASPHALT II WILL BE ALLOWED FOR LEVELING AND/OR PATCHING IN ADDITION TO THE ABOVE MIXES. SAND ASPHALT WILL NOT BE ALLOWED UNDERNEATH SURFACE TREATMENT, SLURRY SEAL, OR OTHER ASPHALTIC CONCRETE MIXTURES. EITHER OF THE (G) MIXES SHOWN IN SUB-SECTION 828.04 WILL BE ALLOWED WHEREVER ASPHALTIC CONCRETE (G) IS CHOSEN AS THE LEVELING AND/OR PATCHING COURSE. IN ADDITION, WHENEVER ASPHALTIC CONRETE (G) IS DESIG- NATED AS THE SURFACE MIX, EITHER OF THE LISTED (G) MIXES WILL BE ALLOWED, AT THE CONTRACTOR'S DISCRETION. 400.05.0.1.: THICKNESS OF LAYERS: CHANGE THE MINIMUM LAYER THICKNESS FOR H MIX AND G MIX IN TABLE 40.0.05. C. 1 AS FOLLOWS: MIX TYPE MINIMUM LAYER THICKNESS H 7/8 IN (85 Las. SQ YO) 3/4 IN (80 LBS. SQ YO) G 400.05.F.: CONSTRUCTION OF CONTROL STRIP AND DETERMINATION OF TARGET DENSITY: DELETE THIS SUBARTICLE IN ITS ENTIRETY AND ADD THE FOLLOWING: CONSTRUCTION OF CONTROL STRIPS WILL NOT BE REQUIRED AND 96% OF LABOR- ATORY DENSITY OR MAXIMUM PRACTICAL DENSITY SHOULD BE USED TO CONTROL COMPACTION. THE TEMPERATURES AND LIFT THICKNESS LISTED IN TABLE 400.05.A. ARE TO BE USED AT THE DISCRETION OF THE ENGINEER TO INSURE ADEQUATE COMPACTION. 400.07 ACCEPTANCE PLANS CC-f:( ~ I ~ DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION 400.07.A: DELETE ALL REFERENCES TO PAY ADJUSTMENTS AND PAY FACTORS AND ADD THE FOLLOWING THE AVERAGE OF THE LOT SAMPLES SHALL BE APPLIED TO THE ALLOWABLE TOLERANCE FOR A 1.00 PAY FACTOR AS SHOWN IN TABLE 400.07.A.1 AND 400.07.A.2 AS APPROPRIATE. THESE TOLERANCES WILL BE USED TO CONTROL THE MIX. ANY DEVIATIONS BEYOND THE TOLERANCES WILL REQUIRE THAT A PLANT OR MATERIAL' ADJUSTMENT BE MADE IN ORDER TO BRING THE MIXTURE CONTROL. 400.07.B.: DELETE ALL REFERENCES TO PAY ADJUSTMENTS AND PAY FACTORS AND DELETE THE COMPACTION ACCEPTANCE SCHEDULE TABLE 400.07.B.1 AND ADD THE FOLLOWING: THE COMPACTION SHALL BE CONTROLLED AS PRESCRIBED IN 400.05.F. ABOVE. 400.07.C.: SURFACE TOLERANCE: DELETE AS WRITTEN AND SUBSTITUTE THE FOLLOWING 1. VISUAL AND STRAIGHTEDGE INSPECTION: ALL PAVING SHALL BE SUBJECT TO VISUAL AND STRAIGHTEDGE INSPECTION DURING CONSTRUCTION OPERATIONS THEREAFTER PRIOR TO FINAL ACCEPTANCE. A TEN FOOT STRAIGHT- EDGE SHALL BE RETAINED IN THE VICINITY OF THE PAVING OPERATION AT ALL TIMES FOR THE PURPOSE OF MEASURING SURFACE IRREGULARITIES ON ALL COURSES. THE STRAIGHTEDGE AND LABOR FOR ITS USE SHALL BE PROVIDED BY THE CONTRACTOR. THE SURFACE OF BASE, INTERMEDIATE, AND SURFACE COURSES SHALL BE INSPECTED WITH THE STRAIGHTEDGE AS NECESSARY TO DETECT IRREGULARITIES. ALL IRREGULARITIES IN EXCESS OF 3/16 INCH IN TEN FEET FOR BASE, INTERMEDIATE, AND SURFACE COURSES SHALL BE CORRECTED. IRREGULARITIES SUCH AS RIPPLING, TEARING, OR PULLING WHICH IN THE JUDGE- MENT OF THE ENGINEER INDICATE A CONTINUING PROBLEM IN EQUIPMENT, MIXTURE, OR OPERATING TECHNIQUE SHALL NOT BE PERMITTED TO RECUR. THE PAVING OPERATION SHALL BE STOPPED UNTIL APPROPRIATE STEPS ARE TAKEN BY THE CONTRACTOR TO CORRECT THE PROBLEM. 400.07.D.: DELETE THIS SUB-SECTION IN ITS ENTIRETY. 400.10. PAYMENT: DELETE THIS SUB-SECTION IN ITS ENTIRETY AND SUBS- TITUTE THE FOLLOWING: I I 1 !I I II I II I II 400.10. PAYMENT: HOT MIX ASPHALTIC CONCRETE OF THE VARIOUS TYPES WILL BE PAID FOR AT THE CONTRACT UNIT PRICE PER TON OR SQUARE YARD WHICH PAYMENT SHALL BE FULL COMPENSATION FOR FURNISHING AND PLACING ALL MATERIALS INCLUDING ASPHALT CEMENT AND FOR ALL APPROVED ADDITIVES, FOR ALL CLEANING AND REPAIRING OR PREPARATION OF SURFACES, FOR ALL OTHER OPERATIONS NECESSARY TO COMPLETE THE CONTRACT ITEM. PAYMENT WILL BE MADE UNDER: ITEM NO. 400. ASPHALTIC CONCRETE (TYPE), (GROUP-BLEND) INCLUDING BITUMINOUS MATERIAL.........PER TON CC-IO I I I' I ! I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION ITEM NO. 400. INCH ASPHALTIC CONCRETE ( TYPE) , (GROUP- BLEND) INCLUDING BITUMINOUS MATERIAL...PER SQ. YD: ITEM NO. 400. ASPHALTIC CONCRETE PATCHING INCLUDING BITUMIMOUS MATERIAL...................PER TON ITEM NO. 400. . ASPHALTIC CONCRETE LEVELING INCLUDING BITUMINOUS MATERIAL................... PER TON MATERIALS AND RESEARCH ~ I . j I I I , I I I , I , . I I .1 ;1 c C- 'I I; I I. I Ii Ii 402189SP DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION FIRST USE 1993 SPECIFICATIONS JULY 1, 1993 SECTION 402 - HOT MIX RECYCLED ASPHALTIC CONCRETE MIODIFICATION TO THE CURRENT STANDARD SPECIFICATIONS 402.02 MATERIALS: 402.02 C. RECYCLED MIXTURE: DELETE AS WRITTEN AND SUBSTITUTE THE FOLLOWING: 402.02 C. RECYCLED MIXTURE: THE RECYCLED MIXTURE SHALL BE A HOMOGENEOUS MIXTURE OF RAP MATERIAL, VIRGIN AGGREGATE AND NEAT ASPHALT CEMENT. FURTHER, THE MIXTURE SHALL BE APPROPRIATELY TREATED WITH AN APPROVED ANTI-STRIPPING AGENT, EITHER A HEAT STABLE ANTI-STRIPPING ADDITIVE OR HYDRATED LIME. THE AGENT CHOSEN SHALL BE AT THE CONTRACTOR'S DISCRETION EXCEPT WHERE NOTED IN THE PAY ITEM DESIGNATION. . j I THE MIXTURE SHALL CONFORM TO AN APPROVED MIXTURE DESIGN MEETING THE REQUIREMENTS OUTLINED IN SECTION 828 EXCEPT WHERE HYDRATED LIME IS USED IT SHALL BE ADDED AT A RATE OF 1.0 PERCENT OF THE VIRGIN AGGREGATE PORTION PLUS 0.5 PERCENT OF THE AGGREGATE IN THE RAP PORTION OF THE MIXTURE. WHERE HEAT STABLE ANTI-STRIPPING ADDITIVE IS USED, IT SHALL BE ADDED AT A RATE OF 0.5 PERCENT OF THE NEAT ASPHALT CEMENT ADDED TO THE MIXTURE. 402.05 , ITEM NO. 402. 402. I ITEM NO. t I ITEM NO. 402. I ITEM NO. 402. . I I I I I PAYMENT: RETAIN AS WRITTEN AND ADD THE FOLLOWING: RECYCLED ASPHALTIC CONCRETE, (TYPE,) (GROUP-BLEND) INCLUDING BITUMINOUS MATERIALS ... ............PER TON RECYCLED ASPHALTIC CONCRETE (TYPE), (GROUP-BLEND), INCLUDING BITUMINOUS MATERIALS............. .PER SQUARE YARU RECYCLED ASPHALTIC CONCRETE PATCHING, INCLUDING BITUMINOUS MATERIAL.......... ............. .PER TON RECYCLED ASPHALTIC CONCRETE LEVELING, INCLUDING BITUMINOUS MATERIAL........... ..... ....... .PER TON. C C- 12, I .1 I I I I I I I I I ; I I , I j I I ; I I I I I I .1 June 8, 1993 First Use: July 1, 1993 Revised: December 9, 19J3 DEPAImmNT OF TRANSPORTATION STATE OF GEORGIA SUPPI..EM?NrAL SPEX:IFICATION MODIFICATION 'ro 1993 SPEX:IFICATIONS 1993 STANDARD SPEX:IFICATIONS EDI'roRIAL CORRECTIONS PAGE SECTION CORRECTION 081 109 Sub-Section 109.08.B, Line 11, change reference to GA State Law from "Section 20-1408 of the code of Georgia of 1933" to "Section 13-6-13 of The Official Code of Georgia Annotated." 125 171 171.02 Table. Unde.r Type "C" change tensile strength for warp from 120 to 260. 133 201 201.03 The second, third and fourth paragraphs are out of place and should be moved to Sub-Section 201.02.E.3. 143 206 Change Sub-Section 206.04.A to 206.03.A. 250 400 Add small letter -a. - before SELECTION OF MIX TYPE OF LEVELIKi AND PATCHIKi. 260 400 In Table 400.07.A.2. line 3 of heading, change the word "Surface" to "Subsurface." 271 402 Paragraph one, line 3, 'change the word "contracted" to "contacted." 294 424 In Table 1 under Double Surface Treatment Stone Size 7 and 89, change application rate for first application of RS-2h, CRS-2h, CRS-3 (CBAE 2 or 3) from ".30-.32" to ".20-.32." 294 424 In Table 1, delete the Total Stone spread rate of .48-.68 as shown for Double Surface Treatment Stone Size 7 and 89. 1 CC-/3 I I' I I I' I I i I I i I I , I I I . ! I I I I I I I PAGE SECTION 302 427 318 430 328 430 329 430 332 430 356 440 380 & 381 450 384 451 387 452 546 520 587 535 589~ 535 vi&614 551 643 581 June 8/ 1993 First Use: July 1/ 1993 Revised: December 9, 1993 CORRECTION . In Table I, add Mixture Control Tolerances as follows: Mixture Control Tolerances % Passing 3/8" Sieve % Passing No. 4 Sieve % Passing No. 8 Sieve % Passing No. 50 Sieve % Passing No. 200 Sieve % Residual Asphalt :tOt t6% :1:5% :1:4% t3% to.75% 430.05.A.3. In the last line, 31 1/2 hours + 30 minutes needs to be changed to 24 hours ~ 15 minutes. 430.04.E.2. The last paragraph on this page should be identified as Sub-Section a. 430.04.E.2 The first paragraph on this page should be identified as Sub-Section b. and the second paragraph as Sub-Section.c. 430.04.H.2. The reference to 430.04.I ln the third line should be 430.04.H. 440.06. B. 2. The formula in this specification should be modified by changing ~ .18R to + .18R. Change specification reference from Section 610 to 609. Change specification reference from Section 610 to 609. Change specification reference from Section 610 to 609. 520.03.B.l. - last sentence change .charges. to .charts. 535.03.D. change the term "snooper tuk" to "snooper truck. " Table for Ordinary Exposure and Heavy Exposure. Change paint numbers as follows: 1D to 1A 2E to 2A 3F to 3B Title - change the word "Pipe" to "pile" Change Sub-Section number 518.17 to 581.17. 2 CC-/1 I I I . I ! ~ , , I I I I I I I ; I I I I I I I I I June 8, 1993 First Use: July 1/ 1993 Revised: December 9, 1993 PAGE SECTION CORRECTION 711 636 636.02 Line I, change the word 'Meets' to 'Meets' 713 636 636.03.E. paragraphs two through five should be moved to Sub-Section 636.03.C. 714 636 636.03.E. paragraphs six and seven should be moved to Sub-Section 636.03.B. 720 637 637.02 .G.2. NONMETALLIC CONDUIT - change reference from 'Federal Specification W-C-I094' to reference 'Sub-Section 923.03.' 736 641 739 643 760 653 762 653 762 653 765 654 765 654 766 654 767 655 820J 682 868 703 890 800 899 805 641.02 Materials - change reference to Sub-Section 859.05 to 859.04. 643.03.B.l. CHAIN LINK FENCE - change 'grate' to 'gate.' 653.02.C.l.e. - change · GRADUATION " to 'GRADATION.' 653.03.B.l. in paragraph five, the word "consruction" should be "construction.' 653.03.B. next to the last line sixth paragraph '17 pounds" should be "14 pounds." 654.04 in Paragraph 1 Line 9 the word "condtions' should be "conditions." 654.04 in Paragraph 2 the word 'adhesvie" should be 'adhesive.' 654.04 in Paragraph 7 the word "manufactuerer's" should be 'manufacturer's.' 655.03 CONSTRUCTION - reference to · Sub-Section 654.03" should be changed to "Sub-Section 654.04.' Under Sub-Section 682.03 add a cooma between the words Construction and Measurement. Specification Title - change the word 'Three" to 'Tree' 800.01.A.3.d. - second line 'arninimum' should be 'a minimum. " 80S.01.A. - TYPE I second line 'value" should be 'volume.' 3 cc-/s I I I I I , I I I I I I I I I I I I I I PAGE SECTION 902 810 908 815 935 833 947 843 951 847 976 862 1036 893 1036 894 1038 894 1041 .911 1044 June 8, 1993 First Use: July 1/ 1993 Revised: December 9, 1993 CORRECTION 810.01.A.Class III First paragraph eighth line No.20 should be changed to No. 10. 815.01 Method of test - last line -Equipment- should be -Equivalent.- 833.06 Table - -Movement Capability & Adhesive" should be -Movement Capability & Adhesion." 843.03 Paragraph 1 Line 5 remove -both with the requirements of AASHTO: M 86, Table 1/ Class 1,.- 847.0s.A. -AW~A C 20" should be "AWWA C 202.- 862.02.A. Quality - reference to "Sub-section 859.05" should be changed to "Sub-section 859.04.- 893.09.C.. last "chemicals." paragraph change "chemials- to 894.01.B.2. - fifth line -ally- should be -alloy- 894.0s.F. third line should read -being replaced or the existing fence as applicable.- 911.01.C.4. Should read: "Bolt holes may be punched or drilled and shall be 3/8-inch in diameter and spaced I-inch center to center (:t 1132-inch) beginning 1 inch from the top and extending the full length of the post for. Types II, III, and IV and extending a minimum of eighteen inches for Type I. Field punched holes will not be permitted. " 911 911. 05 Wood Sign Posts - reference to Sub-Section 859.05 should be changed to Sub-Section 859.04. 1052 913 913.01 Table III, change -TYPE II" to -TYPE III." 1108 INDEX Add -Indentation Rumble Strips" . . . page 391 Office of Materials and Research 4 CC-I' I I I I I I : I I I I I , I I I I I I I I I April 14. 1994 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION MODIFICATION OF THE STANDARD SPECIDCA TIONS. 1993 EDmaN NOTICE Retain the Notice above as written on page ii, and add the following: All references to State Highway Engineer mean, and shall be deemed to mean, Chi ef Engineer. Engineering Services CC-/7 I I I I I I I I I I I I I I I I I I I July 10, 1995 DEPARTMENT OF TRANSPORTATION State of Georgia SUPPLEMENTAL SPECIFI CA TION Modification.to the Standard Specifications, 1993 Edition "-' SECTION 161- CONTROL OF SOIL EROSION AND SEDIMENTATION Modify as follows: Delete the third paragraph of Sub-Section 161.01 and substitute the following: The erosion control features installed by the contractor shall be effectively maintained by the contractor to contain erosion and sediment within the limits of the rights of way and to control the discharges of stonn-water from disturbed areas so that all local, state, and federal requirements on water quality are met. Water Quality testing will be done by the Department Retain the existing Sub-Section 161.04 and add the following after 161.04.D: E. Schedule for payment of lump sum Erosion Control, including temporary grass and mulch items. Delete Sub-Section 161.06 and substitute the following: 161.06 MEASUREMENT: Control of Soil Erosion and Sedimentation will not be measured separately for payment 161.07 PA YMENT A When no pay item is shown in the Contract, all of the requirements of Section 161 and the Erosion Control Plan shall be in full effect The cost of complying with these requirements and the cost of Temporary Grass and Temporary Mulch will not be paid for separately, but shall be included in the overall bid submitted. B. When listed as a pay item in the Contract, payment will be made at the Lump Sum price bid, which payment shall be full compensation for Control of Soil Erosion and Sedimentation including temporary grass, temporary mulch and other work-described under Section 163, on the Plans and on the Standards that is not paid for separately. Payment will be made according to the Approved Erosion Control Schedule as set forth in Section 161.04.E., not to exceed 100 (%) percent of the lump sum price bid. Payment will be made under: c c- I.B Item No. 161 Erosion Control ................................... Lump Sum I~ .1 R I I I I I I I I I I I I I I I I . June 24, 1993 First Use: August 20, 1993 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SUPPLEMENTAL SPECIFICATION Modification of the Standard Specifications, 1993 Edition SECTION 303 - TOPSOIL SAND CLAY OR CHERT CONSTRUCTION Sub-Section 303.07, PAYMENT, is modified as follows: Item No. 303. Topsoil or Sand-Clay Base and Shoulder Course, Class ....... per Cubic Yard or per Square Yard, ~ ~ revi sp.r.3.to Read: Item No. 303. Topsoil, Sand~Clay or Chert Base and Shoulder Course, Class .........................~. per Cubic Yard or .............................................. per Square Yard CC-Itt 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 SUPPLEMENTAL SPECIFICATION SECTION 4Oo-HOT MIX ASPHALTIC CONCRETE CONSTRUCTION December 30, 1992 First U&e: April 23, 1993 . First Use 1993 Specifications: JUly 1,1993 Modification of'the Standard Specifications, CUrrent Edition 400.05.0.2. SPREADING OPERATION: IHleu 1M ~ighthparairraph in thil Sub-&ction and .ulutituu tM following: Mixture which is ~ted, non~nforming to temperature, conbi"';"'g a deficiency or euess of asphalt cement or otherwise unsuitable for placement on the roadway, shall not be used in the Work. A:riy mixture which after placement on the roadway is determined by the Engineer to have unacceptable level$ of blemishes caused by segregation, stre8kmg or pulling and tearing or havin; any other Unacceptable characteristics, shall be removed and replaced with acceptable mixture at the Contractor's expe"nse. The Contractor shall take whatever measures necessaIy to prevent continual pla.cemen~ of mixture which has these deficiencies. 400.07.G. SEGREGATED MIXTURE: Retain Sub-&ction 400.07 ACCEPTANCE PLANS ~ written and add the following: For this Specification, segregation is defined as areas ofnen.uniform distn'bution of eoa.r&e and fine aggregate particles in an asphalt pavement. The Contractor shall follow whatever production. storage, loading, placing and handling Pro:cedures, make any needed plant modifications and/or . provide whatever auxiliaIy equipment necessaxY.to prevent. placement of mixture which yields a segregated mat. When segregation of the mixture is evident in the finished mat, specific actions will be taken by the Department dependent on the degree of segregation which is apparent. The degree of segregation and the subsequent actions which the Department will follow are as described below. 1. Unquestionably Unacceptable Segregation: . When the Engineer recogni%es the degree of segregation in the finished mat as beiDg unquestionably unacceptable the following measures will be placed intO effect: . . a. Work shall be automatically suspended until positive corrective action is taken by the Contractor. Also, the Department will evaluate the segregated areas to determine the extent of any needed corrective work to the in-place mat. b. The investigation by the Department will include but not necessarily be limited to the taking of six.inch cores from typical visually unacceptable segregated a.reas for extraction and iI'adation analysis. Determii:lation of the extent of any needed corrective work to the in-place mat will be in accordance with 400.07.0.8. below. Co Work will be allowed to continue only after the Contractor submits a written plan of measures- and/or actions which will be taken to prevent further segregation and the plan is approved by the Department. . d. When work resumes, the Contractor will be allowed to place a test section not to exceed 500 tons ofthe affected mixture, for evaluation by "the Department. However, if after a few loads it ia apparent that the corrective actions taken were not adequate, the measures de~ beginning with Step 1.a. above will be followed. LikewiSe, if after 500 tons it is apparent that the problem has been solved, work will be allowed to contiIiue. 1 cc-~o I,. o I: ~ } I I I 1 I 1 I I 1 I I I I I I I 1 DEPARTMENT OF TRANSPORTATION . STATE OF GEORGIA 2. Unacceptable Segregation Suspected: . When the Engineer observes segregation in the fuUshed mat and suspects that it may be unacceptable the followini measures will be placed into effect. a. The Contractor may elect to continue work at his own risk; however, an immediate in~tion will be. initiated by the Department to determine the severity of the apparent ~tion. Also.. the Contractor shall immediately and continually adjust his operation until the visually apparent aeeregated a:rea.s are ,.,;"";~"ted from the fi~;A},ed mat. b. The investigation by the Department will include but not necessarily be limited to the .taking of six.inch cores from typical areas of suspect aeerePtion and testing for compliance with the Mixture Control Tolerances in Section 828. Co When these tolerances are exceeded, work will be suspended for ~uective action sa outlined in 400.07Gl. above. S. Corrective Work: A1:ly segregated area found to vary 10% or more on the Control Sieves from . the approved Job Mix Formula will be subject to removal and replacement at the Contractor'a expense: The control sieves for each mix type are as shown in Sub-Secti011.400.07.A. For subsurface mixtures, the removal and replacement may be limited to the actual segregated areas or at the full .lane width within.the limits ofindividual segregated areas, at the Contractor's discretion and as approved by the Engineer. For surface mixes, the removal and replacement .shall not be less than the full width of the affected lane and ten feet in length. All surface tolerance requirements will apply to the corrected areas for both subsurface and surface mixes. 2 cc-z I I I I I I I I I I I I I I I I I I I I . t. . . Revised: September 30/ 1994 ~ DEPARTHENT OF TRANSPORTATION STATE OF GEORGIA SUPPLE2!ENTAL SPECIFICATION Hodification of the StilnMTd Specifications, 1993 Edition SECTION 500 - CONCRETE S'l'ROCTURES Retain Section 500 as written except as follows: , Add the following to Sub-section 500.02: Granulated Iron .Blast-Furnace Slag ......................................831.03.B Add the following to Sub-section 500.03.B.S just before the Concrete Mix Table: S. GRANULATED IRON BLAST-FURNACE SLAG: When high-early strengths are not desired, Granulated Iron Blast-Furnace Slag may be used as a partial replacement for Portland Cement in all concrete, provided the following limi ts are met: a. The quantity of cement replaced shall be no more than SO% by weight. b. Cement shall be replaced by slag at the rate of 1.0 pound of slag to 1.0 pound of cement. c. The slag mix shall conform to the provisions of Sub-sections 500.03 and 500.04. d. Water-cement ratio shall be calculated based on the total cementious material in the mix including Granulated Iron-Blast Furnace Slag. e. Type IP cement or fly ash will not be permitted in slag mixes. Change Note 1, just after the Concrete Mix Table in Sub-section 500.03 to read as follows: 1. Portland Cement may be partially replaced with fly ash as provided in Sub-section SOO.03.B.4 or with Granulated Iron Blast-Furnace Slag as provided in Sub-section SOO.03.B.S. cc-zz" I. I I I I I I I I I I I I I I I I I I PROJECT NUMBER: ~~ PR 200-:3 (245) RICHMOND COUNTY DESCRIPTION: WHEELESS ROAD DRAINAGE IMPROVEMENTS NOTE: CONSTRUCTION PLANS ARE AVAILABLE FOR THIS PROJECT WHICH INCLUDE TYPICAL SECTIONS AND ALL PERTINENT DATA. PLANS PREPARED BY: JAMES G. SWIFf & ASSOCIATES REV. 10-31-95 NOTES NOTE: THE LOCAL GOVERNMENT SHALL BE RESPONSIBLE FOR PLACEMENT, MAINTENANCE, AND INSPECTION OF TRAFFIC CONTROL DEVICES. NOTE: THE LOCAL GOVERNMENT WILL CERTIFY ALL NECESSARY R/W, AND REMOVE OR ADJUST ALL UTILITIES AT NO COST TO THE DEPARTMENT OF TR~SPORTATION. NOTE: THE DEPARTMENT OF TRANSPORTATION'S PARTICIPATION IN CONSTRUCTING THIS PROJECT IS LIMITED TO THE ITEMS SET UP FOR PAYMENT UNDER THIS CONTRACT. ALL WORK NOT COVERED BY THIS CONTRACT WILL BE IN ACCORDANCE WITH PLANS PREPARED BY JAMES G. SWIFT & ASSOCIATES FOR RICHMOND COUNTY (REV_ 10-31-95). ANY ITEMS OR WORK REQUIRED BY THESE PLANS AND NOT COVERED BY THIS CONTRACT WILL BE THE RESPONSIBILITY OF THE COUNTY AT NO COST TO THE DEPARTMENT OF TRANSPORTATION. c c- ~ ~ I ~ ~I , , ~I Ie I~II ,: , , ( :- I I I I I I I I I I I I I I :z o z ~ C":'\ r- C":'\ :z c:l .....; -- :;;:0 ....> c::~ 0-: .... .= > ...:: :;:.::J ,.... C') :c:::: ......... C' ...-lO = -:')11 :t: ;;>- ....: ~ , ~ .. 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