HomeMy WebLinkAboutAdjusting Roadway Structures Phase VI
Augusta Richmond GA
DOCUMENT NAME: A d~~-c\ 0~0c0<..0'1' Stn.K-furd ,,? h~e. Vl
DOCUMENT TYPE:'
YEAR: D \
BOX NUMBER: \ L4
FILE NUMBER: ) 58t-t:2
NUMBER OF PAGES: ,<8 1
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Public Works and Engineering Department
Teresa C. Smith, P.E., Director
Pre-Construction Section
Sandra Grimes
Pre-Construction Engineer
1815 Marvin Griffm Road
Augusta, Georgia 30906
(706) 796.,5040 Fax (706) 796-5045
MEMORANDUM OF TRANSMITTAL
Date:
To:
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From:
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Subject:
Project No.:
File Reference No.:
We are sending you ISJI3ttached 0 under separate cover:
# Copies Dated Description
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CONTRACT DOCUMENTS
FOR
ADJUSTING ROADWAY
STRUCTURES
PHASE VI
PROJECT NO.:
327-04-201812086.
"
,
AlA Document A312
Performance Bond
Bond 103701046
Conforms with the American Institute of Architects, AlA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable,
CONTRACTOR (Name and Address):
Mabus Brothers Construction Co., Inc
920 Molly Pond Rd, Augusta, GA 30901
OWNER (Name and Address):
City of Augusta, Public Works and Engineering
1815 Marvin Griffin Rd, Augusta, GA 30906
CONSTRUCTION CONTRACT
Date: / [1 ~/ oz..
Amount: $93,056,25
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
Description (Name and Location): Project No: 327-04-201812086 - Adjusting Roadway Structures, Phase VI
BOND
Date (Not earlier than Constmction Contract Date):
Amount: $93,056,25
Modifications to this Bond:
CONTRACTOItAS'J>:PJNCIBAL
_: .r.\:-- . .'If ~ ,.,.~
Company: ,....?': ' "', .",%""~ (Corporate Seal)
Mabus Brothers, C'O'l1str' tion.Co" In
Signaturf:; dj~'~~,:~; ~ ~ ~/
Name and~T:itie: k/f1A'. V 0t:JOL S 13 V. P.
(Any additi~OI)al~sig!latUI:~s~(lPP'ear on page 2,)
,- ,... - -. ".4'" -. \ ,...
(FOR INFORMATION ;(:>NLY - Name, Address and
Telephone) AGENT or BROKER: Palmer & Cay of Georgia, Inc
p, 0, Box 52427, Atlanta, GA 30355/404 504 8150
1 The Contractor and the Surety, jointly and severaIly, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner
le)r the perlonnance or the Constmction Contract, which is incorporated
herein by rett:rence,
2 II' the Contractor perlom1s the Constmction Contract, the Surety and
the Contnlctor shall have' no obligation under this Bond, except to
participate in conlt:re11l;es as provided in Subjxlragraph 3,],
3 11' there is no Owner Derault, the Surety's obligation under this Bond
shall arise atter:
3.1 The Owner has notified the Contractor and the' Surety at its
address described in Paragraph 10 below that the Owner is considering
declaring a Contrador Detilult and has requested and attempted to
HlTange a conference with the Contractor and the Surety to be held not
later than tiileen days atler receipt or such notice to discuss methods or
perronning the Constmction Contract. 11' the Owner, the Contractor and
the Surety agree, the Contractor shaIl be allowed a reasonable time to
SURETY 5026 (6-92)
S.1852/GEEF10/99
Page 1 of 2
~ None
o See Page 2
SURETY ~ ~' .. ..
Company: Travelers Ca,!?uallty ~(Corpo'ia~te Ss:al)
- . J .
and Surety Company of America ': : _::
Signature: V~~~,--/
Name and Title: W, G, Van Buskirk, Attorney iirFact ~
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
perfonn the Constmction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to declare a
Contractor Dd~llIlt; and
3.2 The Owner has declart:d a Contractor Default and ionnally
tenninated the Contractor's right to complete the contract. Such
Contractor DelimIt shall not be declared earlier than twenty days
aller the Contractor and the Surety have received notice as
provided in Subparagraph 3.1; and
3.3 Th,e Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the tenns of the
Constnlction Contract or to a contractor selected to perfonn the
Constmction Contract in accordance with the tem1S of the
contract with the Owner.
4 When the 0\\11er has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of tht:
lollowing actions:
i'
,-
4.1 Arrange tor the Contractor, with wnsent of the Owner, to
perlonn and complete the Constmction Contract; or
4.2 Undertake to perlelnn and complete the Construction Contract
itsdl~ through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals trom qualilied contractors
acceptable to the Owner lelr a contract for perlelnnance and
completion of the Construction Contract, arrange tor a contract to be
prepared tell' execution by the Owner and the contractor selected with
the Owner's concurren~e, to be secured with perlonnance and
pllyment bonds executed by a qualitied surety equivalent to the bonds
issut.:d on the Construction Contract, and pay to tht.: Owner the
amount of damages as described in Paragraph 6 in exct.:ss of the
Balance of the Contract Price incurred by the Owner resulting Irom
the Contractor's detillllt; or
4.4 Waive its right to perlonn and wmplete, arrange tor complction,
or obtain a new contractor and with reasonable promptnt.:ss under thc
circumsta\1l;es:
.1 Aller investigation, detennine the amount tor whid1 it
may be liable to the Owner and, as soon as practicable
atler the amount is detellnined, tender payment therete)r
to the Owner; or
.2 Deny lillbility in whole or in part and notity the Owner
ci ting rellsons therelelr.
5 If the Surety docs not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in deluult on this
Bond tiHeen days alter receipt of an additional written notice ti'om the
Owner to the Surety demanding that the Surety pertelnn its obligations
under thiS Bond, and the Owner shall be entitled to enle)rce any remedy
available to the Owner. If the Surety proceeds as provided ii1
Subparagraph 4.4, and the Owner relllses the payment tendered or the
Surety has denied liability, in whole or in part, without tllrther notice the
Owner shall be entitled to enlelrce any remedy available to the Owner.
6 Aller the Owner has terminllted the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph
4,1, 4,2, or 4,3 above, then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contrador under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Constmction Coiltract. To the
limit of the amount orthis Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages on
the Constmction Contract, the Surety is obligated without duplication te)J':
6.1 The responsibilities of the Contrador for cOll'ection of detective
work and completion of the Constmction Contract;
6.2 Additional legal, design prolessional and delay costs resulting
lrom the Contractor's Delillllt, IInd resulting fi'om the IIctions or
titilure to act of the Surety under Paragraph 4; and
6.3 Liquidated dllmages, or if no liquidated damages arc specilied in
the Constmction Contract, actual damages caused by dclllyed
perlelnnllllCe or llon-perlelnnllnCe of the Contrlldor.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
7 The Surety shall not be lillble to the Owner or others tor obligations
of the Contractor that arc unrelated to the Constmction Contract and the
Balance of the Contract Price shall not be reduced or set otT on a~count of
any such umelated obligations, No right of action shall accme on this
Bond to any person or entity other than the Owner or its heirs, executors,
administrators or successors,
8 The Surety hereby waives notice of any change, including changes of
time, to the Constmction Contract or to related subcontracfs, purchase
orders and other obligations,
9 Any proceeding, legal or equitable, under this Bond may be
instituted in any court of competent jurisdiction in the location in \\'hich
the work or part of the work is located and shall be instituted within two
years aileI' Contractor Delimit or within two years after the Contractor
ceased working or within two years after the'Surety refuses or fails to
perfonn its obligations under this Bond, whichever occurs tirst. rf the
provisions of this Paragraph are void or prohibited by law, the minimum
period of limitation available to sureties liS a delense In the jurisdiction of
the suit shall be applicable, '
10 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address s'l1Own on the signature page,
11 When this, Bond has been furnished to comply with a statutory or
, other legal requirement III the location where the construction was to be
pert<JIlned" any provision in this Bond contlicting with said statutory or
lega! reCjUlrement shall be deemed deleted herelrom and provisions
conlonmng to such statutory or other legal requirement shall be deemed
incorporated herein, The intent is that this Bond shall be constnted as a
statutory bond and not as a common law bond,
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Constmction Contract aileI' all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received bv the Owner
in settlement o(insurance or other claims for danwges to which the
Contractor is entitled, reduced by all valid and proper payments
made to or on behalf of the Contractor under the Constmction
Contract.
12.2 Constmction Contract: The agreement between the Owner and
the Contractor identitied on the signature page, including all
Contract Documents and changes thereto,
12.3 Contractor Detillllt: Failure of the Contractor which has
neither been remedied nor waived, to pertonn or otherwi'se to comply
wi th the terms of the Constmction Contract. .
12.4 Owner Detillllt: Failure of the Owner which has neither been
remedied nor waived, to pay the Contra~tor as required by the
Construction Contract or to pertonn and complete or comply with the
other tenns thereof
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page,)
CONTRACTOR AS PRlNcrPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S.1852/GEEF 10/99
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
\'
AlA Document A312
Bond 103701046
Payment
Conforms with the American Institute of Architects, AlA Document A312,
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable,
Bond
CONTRACTOR (Name and Address):
Mabus Brothers Construction Co" Inc
920 Molly Pond Rd, Augusta, GA 30901
OWNER (Name and Address):
City of Augusta, Public Works and Engineering
1815 Marvin griffin Rd, Augusta, GA 30906
CONSTRUCTION CONTRACT
Date:
Amount: $93,056,25
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
Description (Name and Location): Project No: 327-04-201812086 - Adjusting Roadway Structures, Phase VI
BOND
Date( Not earlier than Constmction Contract Date):
Amount: $93,056.25
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: "'<"~=~""f
Mabus Brottiefs( donlfrlJ~tion Co" Inc
,~ .'...... "'- .1'.:<14...,.
>. :~~,. ," ........." -'. ~ ...~
.~ _~-.-~~; J'~::- 7.":;.
Signature: " .
Nal11e~?[d Title:,'< hI2RR.r(! G"ooC-.S 1.3 y
(Any aqdftiopal ~ignafim~s a'ppear on page 2,)
~ r:~ . --.~.., ~-
(FOR nqE..OFA1ATION_Q~{,~ - Name, Address and ' ,
Telephone}AGENT~of;~J{(JKER: Palmer & Cay of Georgia, Inc
p, 0, Box 52427, Atlanta, GA 30355/404 504 8150
(Corporate Seal)
Ll.1
VI P.
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner
to pay t'(,r labor, materials and equipment fumished for use in the
perfonnance of the Constmction Contract, which is incorporated herein by
reference,
2 With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnities and holds hannless the Owner from claims,
demands, liens or suits by any person or entity whose claim, demand,
lien or suit is l'()r the payment for labor, materials or equipment
fumished for use in the performance of the Constmction Contract,
provided tl1e Owner has promptly notified the Contractor and the
Surety (at the address described in Paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands,
liens or suits to the Contractor and the Surety, and provided there is
no Owner Default.
SURETY 5026 (6-92)
S.1853/GEEF 3/00
Page 1 of 2
~ None
D See Page 2
SURETY
Company: Travelers Casualty CC_orporate Seal)
and Surety Company of America . '
S;gna'"re ~41/~~'
Name and Title: W, G, Van Buskirk, Attorney'in Fact
OWNER'S REPRESENT A TlVE (Architect, Engineer or other
party):
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for all
sums due,
4 The Surety shall have no obligation to Claimants under this Bond
until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereot: to
the Owner, stating that a claim is being made under this Bond
and, witil substantial accuracy, the amount of tile claim,
4.2 Claimants who do not have a direct contract with the
Contractor:
.1 Have ti.1mished written notice to the Contractor and sent a
copy, or notice thereof, to ti1e Owner, within 90 days alter
having last perfonned labor or last ti.lmished materials o[
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 ti.mushed or supplied or lor
whom the labor was done or pertonned; and
.' .
.2 I-lave either reeeived a rejection in whole or in part li'<lIn the
Contrador, or not reeeived within 30 days of fumishing the
above notiee any eommunication ti'om the Contrador by whieh
the Contraetor has indieated the daim will be paid directly or
indireetly; and
.3 Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address deseribed in
Paragraph 12) and sent a eopy, or notiee thereot: to the Owner
stating that a daim is being made under this Bond and
endosing a eopy of the previous written notiee fumished to the
Contrador.
5 If a notiee required by paragraph 4 is given by Owner to the
Contractor or to the Surety, that is suflicient eomplianee,
6 When the Claimant has satistied the conditions of Paragraph 4, the
Surety shall promptly and at the Surety's expense take the lc.}llowing
adions:
6.1 Send an answer to the Chlimant, with a eopy to the Owner,
within 45 days aileI' reeeipt of the daim, stating the amounts
that are undisputed and the basis tc.lr ehallenging any amounts
that are disputed,
6.2 Payor aJTcmge tc.)r payment of any undisputed amounts,
7 The Surety's total obligation shall not exceed the amount of this Bond,
and the amount of this Bond shall be eredited Ic.)r an)' payments made in
good titith by the Surety,
8 Amounts owed by the Owner to the Contrador under the Construdion
Contraet shall be used Ic.lr the perlc.mnanee of the Construdion Contrad
and to satistY daims, if any, under any Construetion Perfonnanee Bond,
By the Contraetor fumishing and the Owner aeeepting this Bond, they
agree that all funds earned by the Contraetor in the performanee of the
Construction Contraet are dedicated to satisfy obligations of the Contraetor
and the Surety under this Bond, subjeet to the Owner's priority to use the
funds !c.)r the eompletion of the work,
9 The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contraetor that are unrelated to the Construetion
Contraet, The Owner shall not be liable for payment of any eosts or
expenses of any Claimant under this Bond, and shall have under this bond
no obligations to make payments to, give notices on behalf oC or otherwise
have: obligations to Claimants und<.:r this Bond,
10 The Surety hereby waives notiee: of any ehange, induding ehanges of
time:, to the Construdion Contraet or to related subeontracts, purehase
orders and other obligations,
11 No suit or action shall be eolllmeneed by a Claimant under this Bond
other than in a eourt of eompetent jurisdidion in the location in which
MODIFICA TIONS TO THIS BOND ARE AS FOLLOWS:
the work or part of the work is loeated or aileI' the expiration of one year
from the date (I) on whieh the Claimant gave the notice required by
Subparagraph 4, lor Clause 4,2,3, or (2) on which the last labor or serviee
was perfonned by anyone or the last materials or equipment were
li.lrnished by anyone under the Construetion Contract, whichever of (I) or
(2) first oecurs, If the provisions of this Paragraph are void or prohibitcd
by law, the minimum period of limitation available to sureties as a defense
in the jurisdiction of the suit shall be applicable,
12 Notiee to the Surety, the Owner or the Contraetor shall be mailed or
delivered to the address shown on the signature page, Actual receipt of
notiee by Surety, the Owner or the Contractor, however accomplished,
shall be suflieient compliance as of the date reeeived at the address shown
on the signature page.
13 When this Bond has been fumished to comply with a statutory or
other legal requirement in the location where the construction was to be
p<.:rlc.lnned, any provision in this Bond eontlieting with said statutory or
legal requirement shall be deemed deleted here/i'om and provisions
conforming to sueh statutory or other legal requirement shall be deemed
ineOlvorated herein, The intent is that this Bond shall be construed as a
statutory bond and not as a conunon law bond,
14 Upon request by any person or entity appearing to be a potential
beneliciary of this Bond, the Contractor shall promptly fumish a copy of
this Bond or shall pennit a eopy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a din:et eontraet
with the Contrador or with a subeontraetor of the Contraetor to
ti.lmish labor, materials or equiplm:nt for use in the perfonnance of
the Contract. The intent of this Bond shall be to include without
limitation in tenns "labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephone service or
rental equipment used in the Construction Contraet, architeelural
and engineering serviees requiredlc.)r perlc.lflnanee of the work of the
Contraetor and the Contractor's subcontraetors, and all other items
for which a mechanic's lien may be assel1ed in the jurisdiction where
the labor, materials or equipment were li.ll11ished,
15.2 Construction Contract: The agreement between the Owner
and the Contraetor identilied on the signature page, including all
Contract Documents and changes thereto.
15.3 Owner Default: Failure ofthe Owner, whieh has neither been
remedied nor waived, to pay the Contraetor as required by the
Constmction Contract or to pertc.lnn and complete or eomp]y with
the other tel111S thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page,)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-1853/GEEF 3/00
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
~ .. .. ..-~
1"<0
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY A,ND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
TRA VELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
Naperville, Illinois 60563-8458
t'::
POWER OF ATTORNEY Al~D CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
Kl~OW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPAl~Y OF
AlvIERICA, TRAVELERS CASUALTY At~D SURETY COMPANY and FARtVIINGTON CASUALTY CO~IPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City pf Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COl\'IPAt~Y OF lLLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make,
constitute and appoint: W. Pat Hopkins, Jr" W. G. Van Buskirk, James R Williams, Cynthia M. Ward or Renee A. Lauth * *
of Atlanta, GA, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
the following instrument(s):
by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly' authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other \Witings obligatory in
the narure of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary,
VOTED: That any bond, recognizance, contract of indemnity, or \Witing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a \Witten delegation of authority,
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY Al~D SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY At~D SURETY COl\'IPANY, FARMINGTON CASUALTY COMPAt~Y and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of ~morney or to any certificate relating thereto appointing Re,~jd~nt Vjce Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only ot executing and attesting bonds and undertakings ar:.d'9ilier.writings obliga~ory in the nature thereot: and any such power of attorney
or certificate bearing such facsimile signarure or facsimile seal shuIFbe'';'alid and binding upon the Company and any such power so executed and
certified by such facsunile signarure and facsimile seal shall bejvalid and ~b.0d.ing upon th_e Company in the future with respect to any bond or
undertaking to which it is attached, ; ~, ' '
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(8-97)
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ADJUSTING ROADWAY STRUCTURES, PHASE VI
PROJECT NUMBER: 327-04-201812086
,LIST OF PROJECT DOCUMENTS
SECTION PAGES
Instruction to Bidders IB-I thruIB-3
Georgia Prompt Pay Act PPA-I thru PPA-2
u
Minority and Economically
Disadvantaged Business Support ME-I
Special Conditions SP-I thru SP-2
Agreement A-I thru A-4
General Conditions 1 thru 33
Supplementary Conditions SC-I thru SC-3
Proposal P-I thru P-5
Technical Specifications Ts-i thru TS-2
Traffic Control TC-I thru TC-23
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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 wri ttenaddenda 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 adde~da so issued shall become part of the
Contract Documents.
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IB-04
PREPARATION OF BIDS
Bids shall be submitted on the forms provided and
must be signed by the bidder or his authorized representative.
Any corrections to ,entries made on bid forms should be
initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid
forms, unless specific directions in the advertisement, on the
bid form, or in the special specifications allow for partial
bids. Failure to quote on all items may disqualify the bid.
When quotations on all items are not required, bidders shall
insert the words "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-OS BASIS OF AWARD
The bids will be compared on the basis of unit
prices, as extended, which will include and cover the
furnishing of all material and the performance of all labor
requisite or proper, and completing of all the work called for
under the accompanying contract, and in the manner set forth
and described in the specifications.
Where estimated quantities are included in certain
items of the proposal, they are for the purpose of comparing
bids. While they are believed to be close approximations, they
are not guaranteed. It is the responsibility of the Contractor
to check all items of construction. In case of error in
extension of prices in a proposal, unit bid prices shall
govern.
IB-2
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IB-06
BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless
he can present satisfactory evidence that he is skilled in work
of a similar nature to that covered by the contract and has
sufficient assets to meet all obligations to be incurred in
carrying out the work. He shall submit with his proposal,
sealed in a separate envelope, a FINANCIAL EXPERIENCE AND
EQUIPMENT STATEMENT, giving reliable information as to working
capital available, plant equipment, and his experience and
general qualifications. The Owner may make such investigations
as are deemed necessary to determine the ability of the bidder
to perform the work and the bidder shall furnish to him all
such additional information and data for this purpose as may be
requested. The Owner reserves the right to reject any bid if
the evidence submitted by the bidder or investigation of him
fails to satisfy the Owner that such bidder is properly
qualified to carry out the obligations of the contract and to
complete the work contemplated therein. Part of the evidence
required above shall consist of a list of the names and
addresses of not less than five (5) firms or corporations for
which the bidder has done similar work.
IB-07
PERFORMANCE BOND
At the time of entering into the contract, the
Contractor shall give bond to the Owner for the use of the
Owner and all persons doing work or furnishing skill, tools,
machinery or materials under or for the purpose of such 50
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
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GEORGIA PROMPT PAY ACT
'!"b.is Agreement is i::ltenc.ed by the Parties to, and does,
supe:sede ar.y ~d all provisions of the Georgia P::-ompt Pay Act,
O.c.G.A. Section 13-11-1, et seq. In the event any provision of
~hi.s Agreement is inconsistent with any provision of t:1le Prompt:
Pay Act, t::J.e provision of t:.h..is Agreement: shall control.
All claims, dis~utes and
Q\tine: and tl'1e Cont:actor
Agreement, or tb.e breach
Superior Court of Ricbmond
e.,,<:ecutmg this Agreement,
Richmond County and waives
superior Cou=t of Ricbmond
other matters in question between the
arisug out of or relating to the
thereo f , shall be decided in the
County, Georgia. The Contractor, by
s~ecifically consents to venue in
any right to contest the venue in the
County, Georgia.
Not....fit=.standing any provision of the law to the contrary, t:he
parties agree that no int:erest shall be due Contractor on any
sum held as retainage pu=suant to this Agreement and Cont:actor
specifically waives any cla~ to same.
NOTICE
All ::-eferences in this docume:a.t, which includes all papers,
.....,-:itings, d.=awings, plans or photog=aphs to be used in
connection with this document, to "Richmond County Board of
Commissioners" shall be, deemed to mean "Augusta-Richmond County
Commission-Council and all references to " Chair:nan" shall be
deemed to mean "Mayor".
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DISPOSALS
P::-ior to any material f:om ~s project being wasted or
otb.erlll'ise disposed of outside the proj ect l;imj, ts 'the Contractor
shall fuz:ish the Engineer-a copy of written per.mission, signed
by the property owner (or his authorized agent) describing the
estimated amount 'and tyPe of material to be placed, on sai.d
property. If any portland cement concrete, asphaltic concrete,
wood or oCher such materials are to be wasted on the property, a
PPA-1
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copy of the owner's inert landfill permit, issued by the
Environmental Protection Division shall be furnished to the
Engineer prior to any such waste being ,removed from the project.
In all cases, regardless of the material being wasted, a grading
permit issued by Augusta-Richmond County must be furnished to
the Engineer.
PPA-2
~'". ..~ .'.-:"~-..~.~_-":'-'._~._--....._-.~._~...:..-...:,..
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MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County-
Council to increase the involvement of qualified minority and
economically disadvantaged businesses in the contracted work
of county Government.
In an effort to support this intention, this
project is offered to all qualified firms. The bids will be
evaluated based on qualifications, price and construction
time. with all other items being considered equal, the
contract, if awarded will be awarded to a minority and
economically disadvantaged firm or a firm that has included
such firms as subcontractors on this project.
The bidders shall include with their bid a
statement of 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.
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ADJUSTING ROADWAY STRUCTURES, PHASE VI
PROJECT NUMBER: 327-04-201812086
SPECIAL CONDITIONS
SCOPE:
This project includes the adjusting of Manhole Rings and Covers and
Valve Boxes to the grade of the adjacent asphalt pavement. The
Contractor shall supply all materials, equipment, labor and supervision
necessary to properly complete this project.
MANHOLE AND VALVE LOCATIONS:
The manholes and valves involved in this project are located in various
areas of Richmond County, Representatives of the Director of Public
Works and the Director of Utilities will provide lists of the various streets
and the approximate locations of the adjustments required.
LICENSE:
The successful bidder shall have a current Augusta Richmond County
license for the work involved.
NOTIFICATION:
The Contractor shall post notices on parked vehicles twenty-four (24)
hours before work is to begin,
TRAFFIC MAINTENANCE:
Construction shall be scheduled to ensure that at least one-lane, two-way
traffic is maintained at all times unless otherwise approved by the
Engineer.
GA DEPARTMENT OF TRANSPORT A TION ENCROACHMENT PERMIT:
No Georgia D.O.T. Encroachment Permits are required for this contract.
SP-l
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MANHOLE RING AND COVER REPLACEMENT:
Should the Contractor encounter existing Ring and Cover assemblies with
the covers resting y.." maximum below the top of the Ring. The
Contractor shall replace the existing assembly with a new one to be
provided by Augusta-Richmond County. This replacement will be paid at
the same unit price as Manhole Adjustment.
WORK NOTIFICATION:
The Contractor shall supply to the Inspector, on a weekly basis, a
combination of the days and location of work to be performed. Any
variations anticipated in this schedule shall be reported by telephone to the
Public Works Department andlor the Inspector.
PURSUING THE WORK:
Regardless of the contract time provided, the Contractor shall pursue the
work diligently once construction begins. Failure to do so without written
permission from the Engineer may result in canceling the remainder of the
Contract or securing others to do the work and deducting such costs from
monies due the Contractor or remaining in the contract account.
SP-2
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SECTION A
AGREEMENT
-(tl
THIS AGREEMENT, made on the ~ day of J f)n.{ , 200~ by and between
Augusta-Richmond County Commission-Council
party of the first part, hereinafter called the OWNER, and M A--l3u .s 'fS 1l.J,7)~
C$ht$ rfU-Ju-rJ tr}.i I JNC::'
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party ofthe 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 ofthe work shown on the plans and
described in the specifications for the project entitled:
ADJUSTING ROADWAY STRUCTURES, PHASE VI
Project Number: 327-04-201812086
and in accordance with the requirements and provisions of the Contract Documents as
defined in the General and Special Conditions hereto attached, which are hereby made a
part of this agreement.
ARTICLE II - TIME OF COMPLETION - LIOUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 10
calendar days after the date of written notice by the Owner to the Contractor to proceed.
All work shall be completed within 300 calendar days with such extensions oftime as are
provided for in the General Conditions. / 5'0 ~
It is hereby understood and mutually agreed, by and between the Contractor and
the Owner, that the date of beginning, rate of progress and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor
agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such
rate of progress as will insure full completion thereof within the time specified. It is
expressly understood and agreed by and between the Contractor and the Owner, that the
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time for completion ofthe work described herein is a reasonable time for completion of
the same, taking into consideration the average climatic range and construction
conditions prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO
COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the
Contractor does hereby agree, as a part ofthe consideration for the awarding of this
contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but
as liquidated damages for such breach of contract as hereinafter set forth, for each and
every calendar day that the Contractor shall be in default after the time stipulated in the
Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the
Owner because of the impracticability and extreme difficulty of fixing and ascertaining
the actual damages the Owner would, in such event, sustain, and said amounts shall be
retained from time to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this
Contract and the specifications wherein a definite portion and certain length of time is
fixed for the additional time is allowed for the completion of a work, the new time limit
fixed by extension shall be the essence of this contract.
ARTICLE III-PAYMENT
(a) The Contract Sum
The owner shall pay to the Contractor for the performance ofthe contract
the amount as stated in the Proposal and Schedule of Items. No variations shall be made
in the amount except as set forth in the specifications attached hereto.
(b) Progress Payment
On no later than the fifth day of every month, the Contractor shall submit
to the Owner's Engineer, an estimate covering the percentage of the total amount of the
Contract which has been completed from the start of the job up to and including the last
working day of the proceeding month, together with such supporting evidence as may be
required by the Owner and/or the Engineer. This estimate shall include only the
quantities in place and at the unit prices as set forth in the Bid Schedule.
On the vendor run, following approval of the invoice for payment, the
Owner shall after deducting previous payments made, pay to the Contractor 90% of the
amount of the estimate on units accepted in place, The 10% retained percentage may be
held by the Owner until the final completion and acceptance of all work under the
Contract.
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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 [mal 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 [mal payment is due, the Contractor shall submit evidence
satisfactory to the Engineer that all payrolls, material bills, and other indebtedness
connected with work have been paid, except that in case of disputed indebtedness of liens
of evidence of payment of all such disputed amounts when adjudicated in cases where
such payment has not already been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver
of all claims by the Owner, other than those arising from unsettled liens, from faulty
work appearing within 12 months after final payment, from requirements of the
specifications, or from manufacturer's guarantees, It shall also constitute a waiver of all
claims by the Contractor except those previously made and still unsettled.
(d) If after the work has been substantially completed, full completion thereof
is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the
Owner shall upon certification of the Engineer, and without terminating the Contract,
make payment of the balance due for that portion of the work fully completed and
accepted,
(e) Not withstanding any provision of the General Conditions, there shall be
no substitution of materials or change in means, methods, techniques, sequences or
procedures of construction that are not determined to be equivalent to those indicated or
required in the Contract Document, without an Amendment to the Contract..
Each payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
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IN W1TNESS ~R.EOF, the parties hereto have executed this Agreement in three (3)
counterparts, each 6fwhich shall be deemed an original, in the year and day first
mentioned above.
:t}. UGUSTA-RICHMOND COUNTY
COMMISSION-COUNCIL
_~~"1l..~..'tl.'ll..... (Owner ,
..,,"P-~,~ \CHA'TOt.~~~...
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SEAL
Attest
~,f!z:&fL t{) ~
Secretary .
~CwLCh, Mc<va
Witness -
Commission-Council
;&d~ ~/Il. t:. h..
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Address: 9..20 /J'1duy' >>j/!f/j~:f/
r,l"....r. i-d;. -"'-...r.~ ~",.....'"
~u r/~ 4i. 3 tf1(ii~-,~~~:':""''''''
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Title:
A-4
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GENERAL CONDITIONS
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Arrkle
Number
Tirle
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DEFINITIONS""",..,."""."""",.""""."".,......",. .
PRELI~lIN AR Y MA TIERS """""...",.",.,.,."....",,'.,.'
CONTRACT DOCUMENTS:
INTENT, AMENDING AND REUSE....... ..,....,.... .. ..'......'
AVAILABILITY OF LANDS: PHYSICAL CO:-lDITIONS:
REFERENCE POINTS, ,.,'.."""" ".,. .,.",. ." .", '..,. ..".'.
BONDS AND INSURANCE ..,.......'........'...'...'..,........'
CONTRACTOR'S RESPONSIB ILITIES ..,...,.....,....,.'...,....
OTHER \VORK ,'..,."" '., ,..., ,. ....,.,.',.". ,.., ..,.. ... ",.",
OWNER'S RESPONSIBILITIES....,......,.... .................'..
ENGINEER'S STATUS DURING CONSTRUCTION ....,........,
CHANGES IN THE WORK .............,............'..............
CHANGE OF CONTRACT PRICE"" ,."",..,.".,.", """,., ,.
CHANGE OF CONTRACT TIME ,,'.... ......... ,.....'.,.,. ..,.. ,.
WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK.... ,......................
PA Y~lENTS TO CONTRACTOR AN D COMPLETION ",'........
SUSPENSION OF WORK AND TERMINATION ,...... '..'......
ARB ITRA TION ,..,..",.."..,...........,..,..,........,..,..,....
MISCELLANEOUS .."".., '..""", '...' ,...,....... ,.. ,.. .., .".
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9
10
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15
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17
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INDEX TO GENERAL CONDITIONS
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Anjcl~ or Paragraph
NlJmb~r
Accepcance of Ins ura.nce ,..,..........,..........,... $,13
Access to the Work ....,............................. 13.1
Addenda-dennici on of (see definition of
Specificacions) ..,...,...,;...,.......,.....,....,.,... 1
Agreemenc-defin ition of ............,... '. .. .. .. .. .. .. ... I
All Risk !nsunnce .,."...."... . ",... . . , .,....,...,., 5,6
Amendment. Written .."............;..........., I. 3. I. I
Applica~ion for Pa yment-detinition or ",.,..,........., I
Application for Pa yment. Final "..,.,....",...,.... )4,12
Application for Progress Payment .................,.. 14,2
Applica~ion for Progress Payment-review of .... 14,4-14,7
Arbitration """.. .,..".,........".................,.. 16
Authorized V aria~ion in WorK ....,.................... 9.5
Availability of Lands ,..,.........,..."............... 4,1
A ward. Notice of--deiined .......,..,................... I
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Before Starting Construction ,.,..,...".,......,.. 2.5-2.i
Bid--dennition of ......,.."..,."............,........, I
Bonds and Insurance-in general ,....,...........,...... 5
Bonds--definition of , , . . . . . . . . , . . . . . . , . . . . .. . . , , . , . . . . . '. I
,Bonds. Delivery of ,...........,................ _ 2.1..5. I
Bonds, Performance and Other ..,................. 5.1-5,:
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Cash Allowances ..'.......,.,....,.........,......." 11.8
Chang.e Order-deiinition of .....,...................,... I
Change Orders-to be executed ....................., 10.4
Chang.es in the Work .,., ......... ......,... ..,.....,.., 10
Claims, Waiver o(--<)n Final Payment ".,'.,..".... 14,16
Clarifications and Interpretations ..".,......,........, 9,4
Cleaning ..."..,..".,."....",."............,.,... 6.1 i
Completion, " , , " , .,.,., ..'",., , "."...,..."".. ,,'. 14
Compietion. Suostantial ......................... 14.8-14,9
Conference. Preconstruction ..........".....,........ :.3
Connic:. Error. Discrepancy--CIJntractor
to Report """'".."""",."."",.",.,.,, :..5. j ,3
Construction Machinery. Equipment. etc. ............. 6..l
Continuing Work ,.,'""."",..,..",.,.,....,...... 6.:9
Contract Documents-amending: and
supplementing ,'..",,'.,. ,'"".,.....".....,.. 3,4-3,5
Contract Documents--decinition of "",.,.............". I
Contr.1c: Documents-Incent ...,........,......... J ~ 1-3.3
Contract Documents-Reuse of '"..,.""......,."" 3.6
Contract Price, Change of ....,......................:.. 11
Contr.1ct Price-definition ............,.,.......,..,..", 'I
Contract Time. Change of ....,..,...,..,............,.. 12
Contr.1ct Time. Commencement of '.,.,....,........., ::.3
Contr.1ct Time-definition of ......,....,.... '...... ..,.. I.
Contractor-dennition or ................................ I
Contractor May Stop Work or Terminate ............. 15.S
Contractor's Continuing Obligation ,..".,........... 14.15
COOCr:lctor's Duty to Report Discrepancy
in Documents ,......................,....,..... 2.5.3,2
Contr:lctor's Fc=e-Cost Plus .., 11.4,5.6. 11.5,1. 11.6-11.:-
Contr:lCtor's Liability Insurance ,..,..,.........,."." 5 ,:;
Contractor's Responsibilities-in general ...,...,....... _ 6
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COntractor s Warranty ofTitie .... .................... 14.3
'Contractors--other ,...,..,.....".,...........,......... 7
Contractual Liability Insurance... .... .. .. ............. 5.4
Coordinating Concractor-del1nition of ,...".". .'..... i,4
Coordination ,.,.......................,............... 7.4
Copies of Documents.............,... .... ,............ 2.1
Correction or RemovaJ of Defective Work ..,........ 13.1 I
Correction Period. One Year .... ~.......,........... 13.12
Correction. Removal or Acceptance of Defective
Work-in general ............,'............., 13.11-13,14
Cost-net decrease...,...............:....... '..... 11.6.2
Cost of Work ..........,......................... 11.4-11.5
Costs. Supplemental .. ,.., ..,..,.................... 11.4.5
Day~ei'inition of ',................................,.... 1
Defecrive-definition of ....................,.,.......... 1
Defecrive Work. Acceptance of ... ........ .... ....... 13.13
Def~crive Work. Correction or Removal of .......... 13.11 '
Defecrive Work-in general ....,.......... 13. 14.7. 14.11
Def~crive Work. Rejecting........... .. ................ 9.6
Definitions ............,................................. 1
Delivery of Bonds. ... ...... ...,., ..,.....".. .... ..... 2.1
Detennination for Unit Prices ........................ 9.10
Disputes. Decisions by Engineer.,............... 9.11-9,12
Documents. Copies or ,.................,.,............ 2_:-
Documents. Record ,.,............................... 6.19
Documents. Reuse ..,'...,.,...................,...... 3.6
Drawings-definition of ................................. I
Easements ,.....,,',....,.,.,........,.........,...... ~,I
Effective date of Agreement-dennition of .. . , . , , " , . , . " I
Emergencies ,..,.,.....,...,...............,.,....", 6.:::!.
Engineer-dennition of '",.,......"",....",.,.""", 1
Engineer's Decisions ............:...........,... 9,\0-9,12
EngineerS-Notice Work is Acceptable.".....".., 14,13
Engineer's Recommenda,tion of Payment ...... 14.4.14.13
Engineer's Responsibilities. Limitations
on ..,.............. 6.6,9.11,9.13-9.16,18.2
Engineers Status During Conscruction-in general ",'., 9
Equipment. l.J.bor, Materials and....,.,...", , .." 6.3-6.6
Equivalent MaLe rials and Equipment ",..."...,.",., 6. i
Explorations of physical conditions ,.".,..,...,.,..., 4,2
Fee. Concractors-Costs Plus,...... ,..,........,..., 11.6
Field Order-dei'inition of ""....,.",.",.....,.,.,..", 1
Field Order-issued by Engineer ,............... 3,5.1. 9,.5
Final Applic:ltion for Payment....................... 14,12
Final Inspection .... '.,...,.". ."",. .....,.. .."... ,. 14.11
Final Payment and Acceptance...................... 14.13
Final P:1yment. Recommendation of ...........14.13-14.14
General Provisions ..,......,.................... 17.3-1 ;,4
General Requirements--definition of,. ..............:",. I
General Requirements-principal
references to ....."...'.,.'.. 2.6. 4.4. 6.4. 6.6-6.7. 6.2.3
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GivingNotice ,.."..,..""."...."...........,.....17.1
Guarantee of Work-by Contractor................... 13, I
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Indemnification ............................. 6.30-0.32. 7,5
Inspection. Final .'............................ ....... 14.11
Inspection. Tests and ,.. .. , .. .. .. .. .. .. . .. .. .. .. .. .... 1J ,3
Insurance, Bonds and-in general ....................... 5
Insurance. Certificates of ...'..................:.... 2.7,5
Insurance-completed opemtions ...............,...... 5.3
Insurance. Contractor's Liability .........,..,....,.." 5,J
Insurance. Contractual Liability, ...................... 5.4
Insurance. Owner's Liability .......................... 5.5
Insurance. Property ..........,.................., 5,6-5.13
Insurance-Waiver of Rights "........,.,............ 5. I I
Intent of Contract Documents .....",.....,.,.., 3,3.9,14
Interpretations and Clarifications ...,...............,.. 9.4
Investigations of physical conditions".. ..."........ .. 4,2
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Labor. Materials and Equipment .....,........,... 6.3~.5
Laws and Regulations-definition of ,........,...,....... I
u.ws and Regulations-general ....................... 6.l4
Liability Insurance-Comractor's "............,...... 5.3
Liability Insurance-Owner's "..,.,..."..",.,....,. 5,5
Liens--definitions of ,..,......................,..... 14,2
Limitations on Engineer's
Responsibilities,.,.,...,............ 6.6.9.11.9.13-9,16
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Materials and equipment-furnished by Contractor ..,. 6,3,
Materials and equipment-not
incorporated in Work: .............................. 14.2
Materials or equipmenc--equivalent ...,.....,......... 6,7
Miscellaneous Provisions ,........,..................... 17
Multi-prime contracts ,.........,....,................... 7
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Notice. Giving of ....,..................,. ..... ....... 17,1
Notice of Acceptability of Project ..,..,.,...,......' 14.13
Notice of A ward-definition of .......................... I
Notice to Proceed-detinition of ......................... 1
Notice to Proceed-giving of .......................... :.3
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"Or-Equal" Items""""......" ...,...........,..... 6,j
Other contractors .,..,.,...................,..,....,..,. 7
Other work , , , , , . , , , , , . , , . , . . . . . . . , . , , . . . , . . . . . . , , . . , . , .. 7
Overtime Work-prohibition of , ..., ,.... ............,. 6,}
Owner--definition of ,..,.,.........,..,...........,..... I
Owner May Correct Defecri\'e Work,............,... 13,14
Owner May Stop Work '........................'..:. 13,10
Owner Yfay Suspend Work. Terminate .......... 15.1-15.4
Owner's Duty to Execute Change Orders '.......,.... 11,3
Owner's Liability Insumnce ..,........................ 5,5
Owner':; Representative-Engineer to serve as ..,...., 9,1
Owner's Responsibilities-in general .......",....,...., 3
Owner's So::par:lte Representative at site "......,..,... 9,}
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Pmial Utiliziltion ,..'.............................. 14.10
Partial U tilization-definition of ......................,.. I
Partial U tiliz:ltilJn-Property Insurance ...........,... 5,1S
P:J.tent Fees and ROY:J.lties ,........................... 6.1:
Payments. Recommend:1tion of ........ ... 14.4-1~. i. 14. [}
Payments to C,JOtractor-in genc:ml '............,...... I~
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Payments to Contractor-when due ........... 14.4, 14.13
Payments to Contractor-withholding ................ 14,7
Performance and oeber Bonds ..................... 5.1-5.2
Permi ts ..,. . , , , . . . . . . , . . . . . . . . . . . . , . . . . . . . .. . . . . . . . . " 6.13
Physical Conditions ................................... 4,2
Physical Conditions-Engineer's review ............. 4,2.4
Physical Condition~xisting strUctures... .. . . .. .. .. 4.2.2
Physical Condition~xplorations and reports. .. . . " 4.2.1
Physical Conditions-possible document change ...,. 4.2.5
Physical Conditions-price and time adjustments .... 4,.2.5
Physical Conditions--report of differing .........,.,. 4,2.3
Physical Conditions-Underground Facilities ......,... 4.3
Preconstruction Conference ...,....................... 2.8
Preliminary Matters ,..,...............................,. 2
Premises. Use of ................................ 6.16-6.18
Price. Change of Contract ....................,....,.,.. 11
Price.Contract~etinition of ............................ I
Progress Payment. Applications for. ...........,...,.. 14.2
Progress Payment-retainage ........,................ 14,.2
Progress schedule ............... 2.6.2.9,6.6.6.29, 15.2,6
Project-definition of ..........'......................... I
Project Representation-provision for ................. 9,3
Project Representative, Resident-definition of ..,.",... 1
Project. Starting the ....,....................,.....,... 2.4
Property Insurance ....,.......,.................. 5,6-5.13
Property Insumnce-Partial Utilization ,........,..... 5.15
Property Insurance-Receipt and Application
of Proceeds ,..,......,...........,............ 5.12-5.13
Protection. Safety and......... .................. 6.20-0.21
Punch list ,..,.........................,............. 14.11
Recommendation of Payment.. ,.. ............. 14.4. 14.13
Record Documents .............................,..... 6.19
Reference Points ......................,...,........... 4.4
Regulations. Laws and ............................... 6.14
Rejecting Defective Work ............................. 9.6
Related Work at Site ..... .., ...................... 7.1-7.3
Remedies Not E,'tclusive ............................. 17,4
Removal or Correction of Defective Work. ....,...... 13 .11
Resident Project Representacive-detinition of "'.,,,.... I
Resident Project Representative-provision for., ,.,,'. 9,3
Responsibilities. Contractor's-in general ............... 6
Responsibilities. Engineer's--in general .....,.,...,..,., 9
Responsibilities. Owner's-in general...,..,....."",.., 8
Retainage ,.,.,',.,.'........,.,...",................ 14.2
Reuse of Documents ......,.......,...............,... 3,5
Rights of Way ...".,.".",...."...,...".,...,...". 4,1
Royalties. Pacent Fees and ..................,....,... 6,12
Safety and Protection.....,. 6.20-6.21, 18.1-18.2
Samples ',."..,'""..""...,..".",....."." 6.23-6,23
Schedule of progress ........ 2.6. 2,,3-2.9.6.6.6,29. [5,2.6
Schedule of Shop Drawing
submissions .,..............'..... :.6. 2.8-2.9. 6.23. 14.1
Schedule of values .........,............ 2.6. 2.8-2.9. 14.1
Schedules. Finalizing. . . . . . . . . . .. . . . . . .. . . . . . . .. , . . . , " 2.9
Shop Drawings and Samples. ...... .............. 6.23-6.28
Shop Drawings-Jefinition of ". ..... . ....,.,... . .,.... .., I
Shop D:a",:ings. use to approve _
substitutions .,..,...........,...........,......... 6.7.J
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Site. Visits to-by Engineer ........................... 9.2
S pecifications--definition of .............................. 1
Starting Construction. Before...,. , . ... . . . . . . . .. . ,. 2..5-2.8
Starting the Project,...... .'..................,..,...... 2.4
Stopping Work-by Contractor....... .............. ,. 15,.5
Stopping Work-by Owner. .......................... 13.10
SubcoDtractor-<lefinition of ...... . . .. .. . . . . . . . . ... . . . . .. 1
Subcontractors--in general...................,... 6.8-6.11
Subcontracts--required provisions ...,.......; 5.11.1. 6.11
11.4.3
Substantial Completion-cenification of .............. 14.8
Substantial Completion-definition of"....."..,....,... I
Substitute or "Or-Equal" Items ....................... 6.7
Subsurface Conditions..,.................."...... 4.1-4.3
Supplemental costs ....,....................,....,.. 11.4.5
Supplementary Conditions-definition of ,......,........ I
Supplementary Conditions-principal
references to ., 2.2,4.2.5.1. 5.3. 5.6-5.8. 6.3. 6.13: 6.23.
7.4. 9,3
Supplementing Contract Documents. . . " . . .. . . . ... 3.4-3.5
Supplier-definition of,... ..... ...."......,.....,.,..... 1
Supplier-principal references to '" 3.6.6.5.6.7-6.9.6.20.
6.24.9.13.9.16.11.8.13.4.14.12
Surety--<:onsent to payment ...........,......14.12.14.14
Surety-Engineer has no duty to ...................., 9.13
Surety-notice to .......................... 10.1.10..5.15,2
Surety-qualification of ........................... 5.1-5.2
Suspending Work. by Owner ..,...................... 15.1
Suspension of Work and Termination-in general..,.". 15
Superintendent-Contractor's .......................... 6.2
Supervision and Superintendence. . . . . . " . .. . . . . . .. 6.1-6.2
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Tues--Payment by Contractor. . , , . . . . , . .. . .. . . . . . . .. 6.15
Tennination-by Contractor.......................... 15,5
Termination-by Owner"...",................. 15.2-15.4
Termination. Suspension of Work and-in general,.,... 15
Tests and Inspections ......................,.... 13 .3-13.7
Time. Change of Contract .........................,..., 12
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Time. Computation of '................._............. 17.2
Time. Contract--clefinition 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 ......,................... 6.13,6.20.7,1-7,3
Values. Schedule of ......................... 2.6. 2.9. 14,1
Variations in Work-Authorized......;..... 6,15,6.27.9,5
Visits to Site-by Engineer ........................ ~ ... 9.2
Waiver of Claims-on Final Payment.. ~.,.........., 14,16,
Waiver of Rights by insured parties.,......",.. 5,10. 6.11
Warranty and Guarantee-by Contractor. .,.:.,..., .. 13.1
Warranty of Title. Contractor's ...................,.., 14.3
Work. Access to ", . , . . . , . . . . . . . . . . . , . . . , . . . . . , . . . . ,. 13.2
Work-by others ',.,..,.............."............,.... 7
Work Continuing During Disputes ........,........... 6.29
Work. Cost of ................................... 11.4-11.5
Work-definition of ..,...................,.......,...". 1
Work Directive Change--definition of ...,...,........... I
Work Directive Change-principal
references to ............................ 3.4.3~ 10.1.10.1
Work. Neglected by Contractor ,...........,......,. 13,14
Work. Stopping by Contractor, ... ,................. .. 15,5
Work. Stopping by Owner....................... 15.1-15.4
Written Amendmenr-definition of .".,...,.........,... I
Written. Amendment-principal
references to ......"............. 3,4.1.10.1. 11.1. 11,1
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GENERAL CONDITIONS
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ARTICLE I-DEFINITIONS
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Wherever used in these G'eneral Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
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Addenda-Written or graphic instruments issued prior to the
opening l)f Bids which clarify. correl:t or change the bidding
documents or the Contract Documents.
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Agreemel/t- The written agreement between OWN ER and
CONTRACTOR covering the Work to be pert'ormed: other
Contract Documents are attached [0 the Agreement and made
a part thereof as provided therein,
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AppliCllli()1l jlJ/' Paymellt- The form accepted by ENG I-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting documentation as is required by the Contract
Documents,
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Bid-The offer or proposal of the bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed,
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Bonds-Bid. performance and payment bonds and other
instruments of security,
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Change Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition, deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
on or after the Effective Date of the Agreement.
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Contract DO(,Clmenrs- The Agreement. Addenda I which per- ,
tain to the ClJntract Documents), CONTRACTOR's Bid
(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.
these General Conditions, the Supplementary Conditions. the
Specifications and the Drawings as the same are more spe-
cifically identified in the ,.1,.greemem. together with all am~nd-
ments. modifications and supplements issued pursuant tIJ
paragraphs 3..+ and 3,) on or after the Effective Date of the
Agreement,
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CunrrC/ct Pric/'-The mIJneys payable by OWNER to CON-'
TRACTOR under the Contract Documents as st:lted in the
Agreement (subject to the provisions of paragraph IL9,\ in
the case of Unit Price \YoriO.
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Col/trC/('t Til//c'- The number of dllYS (computed ~lS provideu
in paragraph 17,~1 IJr the date st:lted in the Agre~ment for the
completion of the Wor\.:,
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CONTRA.CTOR- The person. firm or corpor..Ltion with whllm
OWNER has ent~red into the Agreement. '
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defe"til'e-An adjective which when mouifying the word Work
refers to Work that is unsatisfactory. faulty or deficient. or
does not conform to the Contract Documents. or does not
meet the requirements of any inspection. reference standard.
test or approval referred to in the Contract Documents. or
has been damaged prior to ENGINEER's recommendation
of final payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14,8 or 14, 10J.
Dr(/\\';ngs- The drawings which show the character and scope
of the Work to be pert'ormed and which have been prepared
or approved by ENGINEER and are referred to in the Con-
tract Documents,
Effect;l'/' Dme of tire A,l,'reemellt- The date indicated in the
Agreement on which it becomes etTective, but if no such date
is indicated it m~ans the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliv~r,
E.VGINEER- The person. firm orcorpor:ltion 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 Requ;relllellts--Sections of Division I of the Speci-
fications.
Lal\'s and Regulations: Laws or Regulations-Laws. rules.
regulations. ordinances. codes and/or orders.
Nutin! of A lI'ard- The written notice by OWNER to the
apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated th~rein, within the time specified, OWNER will
sign and deliver th~ Agreement.
Nor;ce (0 Proceed-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing 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,
O~\.:,vER- Th~ public body or authority. corporation. asso-
ciation, firm or person with whom CONTR.~CTOR has ~nter~d
into the Agreement and for whom the Work is to be provided,
Part;al e)tili:CIliulI-Placing a portion of the Work in service
for the purpose for which it is intended (or a related purpose)
before reaching Substantial Completion for all the Work.
ProJect-The tOl:llconstruction of which the Work to be
provided under the Contract Documents mtly be the \vhole.
or a'part as indic:l.ted elsewhere in the Contrnct Documents.
Rt'sidelft Projl!('t RL'prl.',H'lItative- The authorized represen-
tative of ENGIN EER who is assigm:d to the site or any ptlrt
thereof,
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Shop Drawings-All drawings, diagrams. illustrations,
schedules and other data which are specifically prepared by
orfor CONTRACTOR to illustrate some portion of the Work
and all illustrations, brochures, standard schedules, perfor-
mance charts. ins~ructions.-diagrams and other infonnation
prepared by a Supplier and submitted by CONTRACTOR to ,
illustrate material or equipment for some portion of the Work.
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Specijicarions- Those ponions of the Contract Documents
consisting of written technical descriptions of materials.
equipment. construction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
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Subcom.-actor-An individual. firm or corporation having a
direct contract with CONTRACTOR or with any other Sub-
contractor for the perfonnance of a part of the Work at the
site.
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, Substantial Completion- The Work (or a speci.fied pan: thereot)
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
(or specified part) can be utilized for the purposes for which
it is intended; or if there be no such certificate issued. when
final payment is due in accordance with paragraph 14.13, The
terms "substantially complete" and "substantially com-
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
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Supplementary Conditions-The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.'
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Supplier-A manufacturer. fabricator. supplier. distributor.
materialman or vendor,
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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,
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Unit Price Work-Work to be paid for on the basis of unit
pnces,
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Work-The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
fonning services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
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Work Directive Changf!-A written directive to CONTRAC-
TOR. issued on or after che Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
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ordering an addition. deletion or revision in the Work. or
responding to differing or unforeseen physical conditions under
which che Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.21. A Work
Directive Change may not change the Contract Price or the
Contract Time, but is evidence that the parties ex.pect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect. if
any, on the Contract Price or Contract Time as provided in
paragraph 10.2.
Written Amendmenr-A written amendment of the Contract
Documents. signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and nOl"m:ti1y deal-
ing with the nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELL'vilNARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documen.ts:
2.1. OWNER shall furnish to CONTRACTOR up to ten
copies (unless othenvise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished. upon request. at the cost of reproduction.
Commencemeru of Contract Time: NOrU;e to Proceed:
2,3, The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thirty days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
Starting the Project:
2.4. CONTRACTOR shall start to perfonn 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 undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
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thereon and all applicable field measurements, CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
c:ltion from ENG[NEER oefore proceeding with any Work
affected thereby: however. CONTRACTOR shall not be lia-
ble to OWNER or ENG[NEER for failure to report any
conflict. error or discrepancy in the Contract Documents.
unless CONTR.~CTOR had actual knowledge thereofor should
reasonably have known thereof.
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~,6, Within ten days after the Effectjve Date of the Agree-
ment (unless otherwise specified in the General Require-
mentsJ. CONTRACTOR shall submit to ENGINEER for
review:
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1,6, I, an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
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2,6.2, a preliminary schedule of Shop Drawing sub.
missions: and
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2,6.3. a preliminary schedule of values for all of the
Work which wiil include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub-
mission.
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1,7, Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4. and
OWNER shall deliver to CONTRACTOR certificates (and
other evidence of insurance requested by CONTRACTOR>
which OWNER is required to purchase and maintain in
accordance with paragraphs 5,6 and 5,7,
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Preconstruction Conference:
:,3. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts th~ Work at
the site. a conference attended by CONTRACTOR, ENG[-
NEER and lHhers as appropriate will be held to Jiscuss 'the
schedules referred to in pamgraph 2,6. to discuss procedures
for handling Shop Drawings and other submittals and for
processing Applications for Payment. and to establish a working
understanding among the parties as to the Work.
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Fina/i:.ing Schedules:
2.9, Atleust ten days before submission of the nrst Appli-
c:1Cion for P~l\'menr a conference attended by CONTRAC.
TOR. ENG[~EER anll others us appropriate will be helll to
finalize the ~chedule,s submitted in accordance with p.lr.1-
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graph 2,6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance will neither impose on ENGINEER responsibility
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from full responsibility therefor, The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions, The finalized schedule of values will
be acceptable to ENGINEER as to form and substance,
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
Intent:
3.1. 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 part thereot) to be con-
structed in accordance with the Contract Documents, Any
Work. materials ur 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 tmde meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes of any technical society, organization or association.
or to the Laws or Regulations of any governmental authority.
\II'hether such reference be specific or by implication. shall
menn the latest standard specification, manual. code or Laws
or Regulations in effect at the time of opening of Bids (or, on
the Effective Date of 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 Contmct Documents) shall be effective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER. or any ot' their consultants. agents or employ-
ees from those set forth in the Contmct Documents. nor shall
it be effective to ,",ssign [0 ENG[NEER, or any of E~GI-
NEER's consultants, agents or employees. any duty 0.-
authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contmry to the provisions of paragraph 9,15 lJr 9,16.
Clarifications and interpretations of the Contract Documents
~hall be issued by ENGINEER as provided in paragmph 9.4,
},3. If. during [he performance of the Work. CONTRAC-
TOR finds a conflict. error or discrepancy in the' Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing at once anll before proceeding with the Work atfected
thereby shall obtain a written interpretation or c1arincation
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from ENGINEER~ however. CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should
reasonably have'lcnown thereof.
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Amtnding and Suppltmenting Contrru:t Documtnt.$:
3.4. The Contract Documents may be amended to pro-
vide for additions, deletions and revisions in the Worle or to
modify the terms and conditions thereof in one or more of
the following ways:
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3.4.1. a formal Written Amendment.
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3.4.2. a Change Order (pursuant to paragraph 10.4),
or
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3.4,3. a Work Directive Change (pursuant to para-
graph 10.1).
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As indicated in paragraphs 11.1 and 12.1. Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
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3.5. In addition. the requirements of the Contract Docu-
ments may be supplemented. and minor variations and devia-
tions in the Work may be authorized. in one or more of the
following ways:
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3,5,1. a Field Order (pursuant to paragraph 9,5),
3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6,27), or
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),5,3, ENGINEER's written interpretation or clarifi.
cation lpursuant to paragraph 9.4).
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Reust of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
n~shing any of the Work under a direct or indirect contract
,with OWNER shall have or acquire any title to or ownership
rights in any of the Drawings, Specifications or other docu-
ments (or copies of any thereof) prepared by or bearing the
seal of EN G INEER: and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
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ARTICLE 4-A Y AILABlLITY OF LANDS; PHYSICAL
CONDlTIONS; REFERENCE POINTS
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A vailabiJiJy of lAnds:
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
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,such other lands which are'designa'ted for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER. unless Otherwise provided in the Contract
Documents. ,If CONTRAcrOR believes that any delay in
OWNER's (urnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall.provide for all
additional lands and access thereto that may be required for
temporary constn,lctior: facilities or storage of materials and
equipment.
Physical CoruJi&ns:
4.2.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical d~ta contained in
such reports. but not upon nontechnical data. imerpreta-'
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,J) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
,data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes, Except as
indicated in .the immediately preceding sentence and in
paragraph 4,1.6, CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures.
4.2.3, Report a/Differing Conditions: IfCONTRAC-
TOR believes that:
4,2.3,1, any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4.1,1
and 4.1.1 is inaccurate. or
4,2.3,2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated. reflected or referred to in the Contract Docu-
ments.
CONTRAcrOR shall, promptly after becoming, aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by para-
graph 6.21), notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
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4,2.4, ENGI,VEER's RI!\'i/!lI': ENGINEER will
promptly review the pertinent conditions. determine the
necessity of 0 btaining additional t:.,<plorntions or tests with
respect thereto and advise OWNER in writing (with acopy
to CONTRACTOR) of ENGINEER's findings and con.
elusions,
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4.2,5, Possihll! DO('lIment Change: 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 llr difference.
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4,2,6. Possihle Pr;('1! and Tilllt' AdjIlStlll(!IItS: In each
such case. an increase or decreose 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 11 and 12,
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Physical Conditions-L'/Iderground Facilities:
4,3,1, Shown ur Indicated: The information and data
shown or indicmed in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
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,U ,I.!. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
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'+,3,1,:. 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 paragrnph 6,20 and
repairing any domage thereto resulting from the Work.
the cost of all of which will be considered :IS having
been included in the Contract Price,
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'+,3,:1. Not ShOll'" 01' Il/dicCltl!d. If an Underground
Facility is uncovered or revealed at or contiguous, to the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been expected to be aW:lre of. CONTRACTOR
shall. promptly after becoming aware thereof and before
performing any Wllrk affected thereby (except in on emer-
gency as permitted by parograph 0,22). identify the owner
of such Underground Facility ond give written notice thereof
to that owner and tll OWNER and ENGINEER, ENGI-
N EER will promptly review the Underground Facili'ty to
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determine the extent to which the Contract Documents
should be modified to reflect and document the conse-
, quences of the e:dstence of the Underground Focility. 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 parograph 6,20,
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both.
to the e:,<tent that they are attributable to the e,<istence of
any Underground F:lcility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof, CONTRACTOR may make a claim therefor as
provided in Articles I I and 12.
Reference Points:
4.4. 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 Generol
Requirements). shall protect and preserve the established
reference points and shoji make no changes or relocations
without the prior written :lpproval 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-
sibl~ 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,[, CONTRACTOR shall furnish performance and pay-
ment Bonds. each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in dTect at least until one
year after the date when final payment becomes due. except
as otherwise provided by Law or Regulation or by the Con-
troct Documents, CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary Condi.
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents ond 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 Rc:insuring Com-
panies" as published in Circular 5iO (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Department. All
Bonds signc:d by an agent must be accompanied by a certified
copy of the authority to act.
5.2, If the surety on any Bond furnished by CONTRAC-
TOR is dc:clared a bankrupt or becomes insolvent or its right
to do business is tt:rminatc:d in any state where any part of
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the Project is located or it ceases to meet the requirements
of paragraph 5.1. CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of which
must be accepcabl e to OWNER.
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Corura.ctor's LiabiliIy Insuranct:
5.3, CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below wtUch
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations L1nder the Contract Documents, whether it
is to be performed or furnished by CONTRACTOR, by any
Subconcractor, by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable:
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5.3.1. Claims under workers' or workmen' s compen-
sation. disability benefits and other similar employee ben-
efit acts:
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5.3,1. Claims for damages because of bodily injury,
occupational sickness or disease. or death ofCONTRAC-
TOR's employees;
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5,3.3, Claims for damages because of bodily injury.
sickness or disease, or death of any person other than
CONTRACTOR's employees:
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5,3.4. Claims for damages insured by personal injury
liability coverage which are sustained lal 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:
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5,3,5, Claims for damages. other than to the Work
itself. because of injury to or destruction of cangible prop-
erty wherever located. including loss of use resulting
therefrom:
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5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death of
any person or for damage to property; and
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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.
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The insurance' required by this paragraph 5,3 shall include
the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions. or required by law, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur-
ance so required to be purchased and maincained (or the
certificates or other evidence thereoO shall contain a provi-
sion or endorsement that the coverage afforded will not be
cancelled. materially changed or renewal refused until at least
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thirty days' prior written notice has been given to OWNER.
and ,ENGINEER by certified mail, All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting, removing or
replacing defeCTive Work in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two years after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
Contractual Liability Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
OW71tr'r Liabiliry Insurance:
5,5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and. at
OWNER's option. may purchase and maintain such insur-
, ance as will protect OWNER against claims which may arise
from operations under the Contract Documents. ,
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions. OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulationsl. This insurance shall include the interests
of OWNER. CONTRACTOR. Subcontractors. ENGINEER
and ENG INEER' 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
property (including but not limited to fees and charges of
engineers. architects. attorneys and other professionalsl, If
not covered under the "all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar property insurance on portions
of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for
Payment.
5.7, OWNER shall purchase and maincain 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.
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5.8, All the policies of insurance for the certificates or
other evidence thereot) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5,6 and
5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5,11.2,
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5,9, OWNER shall not be responsible for purchasing ~nd
maintaining any property insurance to protect the interl:::sts
of CONTRACTO R. Subcontractors or others in the Work to
' the extent of any deductible amounts that are,provided in the
Supplementary Conditions. The risk of loss within the
deductible amount. will be borne by CONTRACTOR. Sub.
contractor or others suffering any such loss and if any of them
wishes property insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
er's own expense,
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5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy. OWNER shall. if possible. include such insurance. and
the COSt thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site. OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER.
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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. ENGl-
:-JEER. ENGINEER's consultants and all other parties
named as insureds in such pOlicies for losses and damages
so caused. As required by paragraph 6,11. each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's consultants and all other 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 I,)f
insurance held by OWNER as trustee or othe:rwise P?lY-
able under any policy so issued,
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5,11.1, OWNER and CONTRACTOR intend that any
policie:s provided in response to par..lgraphs 5,6 and 5,7
shall protel.::t all of the parties insured and provide primary
coverage for all losse:s and damages I.::aused by the perils
covered the:re:by. Accordingly. all such policie:s shall con-
tain provisiuns to the: e:tTect that in the e:vent uf payme:nc
of any loss 0r damage the: insurer will have: nu rights of
recove:ry a!;~linst any uf the parties named us insureds ur
additiunal insureds. and if the insurers require: se:parate:
waiver forms 10 be signed by ENGINEER ur E,NGI-
N EEWs c~lOsultant OWN ER will ubt;lin the ~ame. and if
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such waiver forms are required of any Subcontractor.
CONTRACTOR wiII obtain the same.
Receipt and Application of Proceeds:
5,12. ,Any insured loss under the policies of insurance
required by paragraphs 5,6 and 5,7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph
5,13, OWNER shall deposit in a separate account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13, OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after' the
occurrence of loss to OWNER's exercise of this power. If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the panies in interest may reach. If required in writing by
any party in interest. OWNER as trustee shall. upon the
occurrence of an insured loss. give bond for the proper per-
formance of such duties,
Acceptance of Insurance:
5.14, If OWNER has any objection to the coverage afforded
by or other provisions of the insurance reqcired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5,] 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 ot' such certificates to OWNER in accordance with
paragraph 1.7, If CONTRACTOR has any objection to the
coverage atTorded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5,6 and 5.7 on the basis of
their no~ complying with the Contract Documents, CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7, OWNER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. F::lilure by OWNER or
CONTRACTOR to give any such notice of objection within
the time provided shall constitute ucceptance of such insur-
ance purchased by the other as complying with the Contract
Documents,
Partial Utili:tJtion-Prope'rr)'!lIsurance:
5,15, If OWNER finds it necessary to occupy' or use a
portion or portions uf the Wurk prior to Substantial Comple-
tion of all [he Work. such use or occupancy may be accom-
plishecJ in uccordaOl.:e with puragl11ph 14,10: provided that no
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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 partial use or occupancy,
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ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
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Supervision and Superintendence:
6,1. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto
and applying such skills and ex.pertise as may be necessary
to perform the Work in accordance with the Contract Doc-
uments, CONTRACTOR shall be solely responsible for the'
means. methods. techniques. sequences and procedures of
construction. but CONTRACTOR shaU 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.
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6.~. 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
superiiltendent 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.
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Labor, Materials cznd Equipment:
6,3, CONTRACTOR shaH provide competent. suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at ehe site. Except in connection with ehe safety or
protection of persons' or ehe Work or property at the site or
adjacenr ehereto, and except as otherwise indicated in the
Contract Documents. all Work at the site shall be performed
during regular working hours. and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday. Sunday or any legal holiday without OWNER's writ-
een consent given after prior written notice to ENGINEER.
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6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment. labor. transportation.
construction equipment and machinery. tools. appliances.
fuel. power. light. heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing. performance. testing. start-up
and, completion of the Work.
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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 ex.cept as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGINEER. or any of ENGINEER's consultants. agents or
employees. any duty or authority to supervise or direct the
furnishing or performance of the Work or any dUty or author-
ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16,
Adjusting Progress Scheduk:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph ~,9) adjust-
ments in the progress schedule to reflect the impact thereon
of new developments: these win conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
Substimres or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the ,naming of the item is intended to establish the type.
function and quality required. Unless the name is followed
by words indicating that no substitution is permitted.
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named, The procedure for review by ENGINEER
will include the following as supplemented in [he General
Requirements, Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. IfCON-
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 substitut,e and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or
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royalty, All variations of the propose:d substitute from that
spe:cified will be identified in the application and available
maintenance. repair and repl::lcement service will be: indi-
cated. The appl'ication will <llso contain an itemized esti-
mate of all costs that will result directly or indirectly from
acceptance of such substitute, including costS of redesign
and c1uims of other contractors affected by the resulting
change. all of which shall be considered by ENGINEER
in evaluating the: proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
e,xpense additiunal data Jbout the proposed substitute.
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6,7,2, If a specific meJns, method, technique, se:quence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may furnish or
utilize a subs titute means, method. sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allo\....
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 provided in paragraph 6,7,[ as applied
by E~GINEER and as may be: supplemented in the Gen-
eral Requirements,
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6,7,3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute, E:-IGI-
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 e:<pense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER witl record time required by ENGINEER
and ENGINEER's consu[tJnts in evaluating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occ:lsioned thereby, Whether or
not ENG IN EER accepts a proposed substitute. CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER Jnd ENGINEER's consultants fur evaluat-
ing e:lch proposed substitute.
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Concerning Subcontractors, Suppliers and Others:
6,8,1, CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person ororganization (including
those acceptable tu OWNER and ENGINEER as indi-
cuted in p~lri.lgra.ph 6,8.2). whether initially or as a substi-
(ute, against whom OWNER or ENGINEER may ha\'e
reasonable objectiun, CONTRA.CTOR shall not be required
to employ any Subcontractor, Supplier or other person or
organizatiun co furnish or pertorm any of the Wllrk against
whom CONTRACTOR has reasonable objectilln.
6,8,2, If the Supplementary Conditions require the
id~ntity uf certain Subcontractors, Suppliers llr other per-
sons or organizatiuns linclul.!ing those who are to furnish
the principal items uf materials and cquipmentl to be sub-
mittel.! to OWN ER in advance of the specineu date prk)r
to the: EtTective Dat~ of the Agreement fur aCI.:.:ptanc'e by
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OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary,Conditions. OWNER's or ENGINEER's accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion in the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the
Contract Price will be increJsed by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed,
No accepmnce by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of Jny right of OWNER or ENGI-
NEER to reject defecril'l! Work.
6,9, CONTRACTOR shall be futly 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 \\lith 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
nnd any such Subcontractor. Supplier or other person or
organization, nor shall it create any obligation on the part of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization except as may otherwise be required
by Laws nnd Regulations.
6,10, The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade,
6. II, All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an Jppropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms. and
conditions of [he Contract Documenrs for the benetit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5,11. CONTRACTOR shall pay,
each Subconrrnctor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issuel.! pursuant to pamgraphs 5,6 and 5,7,
Patent Fees and Royalties:
6,12. CONTRACTOR shall pay all license fees :lnd roy-
alties and assume .111 costs incident 10 Ihe use in the p~rfor-
mance of the Wurk 0r [he incorporatiun in the Wurk of any
invention. design. process. product or device which is the
subject of patent rights or copyrights hdl.! by uthers, If a
purticular invention. design. process. product or device is
specified in the Cuntract Documents for use in the perfor-
monce of th~ Work and if to the actu~11 knowledge of OWNER
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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 COUrt and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorPoration in the Work of any invention. design. process.
product or device not specified in the Contract Documents.
and shall defend all such claims in connection with any alleged
infringement of such rights.
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Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obtain and pay for all con-
struction permits 'and Ii~nses. 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 related thereto such as
plant investment fees,
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lAws and Regukr.ti.tJns:
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.
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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,
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Tares:
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
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place of the Project which are applicable during the perfor-
mance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment. the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations. rights-
of.way, permits and easements. and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibiiity for any damage to any such land or area. or to
the owner or occupant thereof or of any land or areas contig-
uous thereto. resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work. CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall. to the
fullest extent permitted by Laws and Regulations. indemnify
and hold OWNER and ENGINEER harmless from and against
all claims. damages. losses and expenses (including. but not
limited to. fees of engineers. architects, attorneys and other
professionals and COUrt and arbitration costs) arising directly,
indirectly or consequentially out of any action. legal or equi-
table. brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6,17, During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
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 aU tools. appliances. construction equip-
ment and machinery. and sUt'l'lus 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 DocumeTUs:
6.19, CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings. Specifications.
Addenda. Written Amendments. Change Orders. Work
Directive Changes. Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.41 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-
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pletion of the Work. these record documents. samples and
Shop Drawings """,ill be delivered to ENGINEER for OWNER,
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Safety and Protection:
6,20. CONTRACTOR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work, CONTRACTOR shall
take all necessary precautions for the safety of. and shall
provide the necessary protection to prevent damage. injury
or loss to:
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6.20,1, all employees on the Work and other persons
and organizations who may be atIected thereby:
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6,20,2. all the Work and materials and equipment to
be incorporated therein. whether in storage on or off the
site; and
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6,20,3. other property at the site or adjacent thereto.
including trees. shrubs, lawns, walks. pavements. road.
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction,
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CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage. '
injury or loss; and shall erect and maintain all necessary
safe!?:uards for such safetv and protection, CONTRACTOR
shall notify owners of adj~cent property ::I.nd of L' nderground
Facilities and utility owners when prosecution of the Work
ma\' affect them. and shall cooperate with them in the pro-
tec~ion, removal. relocation and replacement of their prop-
en\' , All damalZe. injury or loss to any property referred to
in parngraph 6~20.2 or 6,20,3 caused. directly or indirectly,
in whole or in part, by CONTRACTOR. any Subcontractor,
Supplier or any other person or organization directly or indi-
rectly employed by any of them to perform or furnish any of
the Work oranyone for whose acts any of them may be liable.
shall be remedied by CONTRACTOR lexcept damage or loss
attributable to the fault of Drnwingsor Specifications or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose :lcts either
of them mav be liable. and not attributable. directly or indi-
rectl\', in whole or in pan. to the fault or negligen.:e of CON-
TR.~:CTOR), CONTRACTOR's duties and respllnsibiliti~s
for th~ safetv and protection of the Work shall cuminue until
such tim~ as' all the Work is completed and ENGI:--IEER has
issued a notice to OWN ER and CONTRACTOR in accord-
ance with paragraph l4,13 that the Work is acceptable (except
as otherwise e.'"pres~ly provided in connection with,Substan-
tial C \Jmpletion l.
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6,21. CONTRACTOR shall designate a respllOsible r~p-
resentative ~lt the sice whose duty shall be the pre"entilln ~1f
accidents, This persun shall be CONTRACTOR':; superin-
tendent unless IJtherwise uesignated in writing by CO:-;-
TR.,KTOR [0 OWNER,
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Emergencies:
6.22, In emergencies atTecting 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
chreatened damage. injury or loss, CONTRACTOR shall give
ENGINEER prompt written nocice if CONTRACTOR believes
chat any significant changes in the Work or variations from
the Contract Documents have been caused thereby, IfENGI-
NEER determines that a change in the Contract Documents
is required because of the action 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,:3, 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 wich the
accepted schedule of Shop Drawing submissions (see para-,
graph :.9). or for other appropriate action if so indicated in
che Supplementary Conditions. five copies runless ocherwise
specified in the General Requirements) of all Shop Drawings.
which will bear a stamp or specific written indicacion that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Concract Documencs wich respect to the
review of the submission, All submissions will be identified
as ENGINEER may require, The data shown on the Shop
Drawings will be complete with respect to quantities, dimen-
sions. specified performance and design criteria. materials
and 'similar data to enable ENGINEER to review the infor-
mation as required,
6,24, CONTRACTOR shall also submit to ENGI~EER
for review and approval with such promptness as to cause
no delay in Work, aU samples required by the Cammct Doc.
umencs, All samples will have been checked by and accom-
panied by a specific written indication thac CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and wiII be identified clearly as to material. Sypplier.
pertinent data such as catalog numbers and the use for which
intended.
6,:5,1. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri-
fied all quantities. dimensions. specified performance cri-
teria, installation requirements. materials, catalog num-
bers and similar data with respect thereto and reviewed
or coordinated each Shop Drawing or sample with other
Shop Drnwing~ and samples and with the requirements of
the Work and the Contr.lct Documents.
6,25,:, At the time ~1f each submission, CONTR.~C-
TOR shulll!ive ENG IN EER specific written notice of each
vari-ution that the Shop Drawings or samples may have
from the requirements llf the Cllntrnct Documents. and.
in addition. shull cause a specific notation to be mud.: un
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each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
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6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples. but ENGI. "
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information given in the Contract Documents and
shall not extend to means. methods. techniques. sequences
or procedures of constl1.\ction (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 spec1fic attention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
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6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirementS of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6,15.1 and
ENGINEER has given written approval of each such varia-
tion by a specific wrinen notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25 .1.
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6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
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Continuing 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
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise agree in writing.
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I wmnificarion:
6.30, To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shaH indemnify and hold harr:nless
OWNER and ENGINEER and their consultants. agents and
employees from and against all cl;tims, damages, losses and
expenses. direct. indirect or consequential {including but not
limited to fees and charges of engineers. architects. attorneys
and other professionals and court and arbitration costs} aris-
ing out of or resulting from the performance of the Work.
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provided that any such claim. damage, loss or expense (a) is
attributable to bodily injury. sickness. disease or death. or to
injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting therefrom and
(b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR. any Subcontractor, any person
or organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by oris imposed by Law and Regulations regardless of the
negligence of any such party,
6,31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants, agents or employees, by
any employee of CONTRACTOR. any Subcontractor. any
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type of damages.
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or othe!' person or organization
under workers' or workmen' s compensation acts, disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend,to the liability of ENGINEER.
ENGINEER's consultants. agents or employees aiising out
of the preparation or approval of maps. drawings. opinions.
reports, surveys. Change Orders. designs or specifications.
ARTICLE 7-OTHER WORK
Re/.a1ed Work at Site:
i ,1, OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces, have other work
performed by utility owners or let other direct contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents, written notice thereof will be
given to CONTRACTOR prior to starting any such other
work; and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to agree
as to the extent thereof. CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
7,1. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER. if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such worle. 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-
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TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise ultering 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 th at there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWN ER and su ch utility owners and other contractors,
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7,3, If any part of CONTRACTOR's Work depends for
proper executio n or results upon the work of any such other
contractor or utility owner (or OWNER), CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper 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,
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Coordination:
7 A, 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,
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ARTICLE 8-0WNER'S RESPONSIBILITIES
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8,1, OWNER shall issue all communications to CON-
TRACTOR through ENGINEER,
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8,~, In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose sta-
tus under the Contract Documents shall be that of the former
ENGINEER, Any dispute in connection with such appoint-
ment shall be subject to arbitration,
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8,3, OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR p'romptly after they are due as
provided in paragraphs l4,4 and 14,[3,
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8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4,1 and 4.4, Para-
graph 4,2 refers to OWNER's identifying and making avail-
able to CONTRACTOR copies of reports of explorations and
tests of SUbSUli'ace conditions at the site and in existing struc-
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tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications,
8,5, OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set fOrth
in paragraphs 5.5 through 5,8, '
8,6, OWNER is obligated to execute Change' Orders as
indicated in paragraph 10.4,
8,7, OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paragraph 13.4,
8,8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13,10 and 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 RepresentlJtive:
9,\, 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 e:<tended without written
consent of OWNER and ENGINEER.
Visits to Site:
9,2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to deter-
mine. in general. if the Work is proceeding in accordance
with the Contract Documents, ENGINEER will not be required
to make exhaustive or continuous on-site inspections to check
the quality ,or quantity of the Work. ENGINEER's efforts
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform 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 ofthc:: prog-
ress of the Work and will endeavor to guard OWNER Jgainst
defects and deficiencies in the Work.
Project Representation:
9.3, If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the perfonnance of the Work. The
duties. responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions, If OWNER
designates another :.lgent to represent OWN ER at the site
who is not ENGINEER's agent or employee. the duties.
responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditions,
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Clmifict#iDns and lnurpreuuiDns:
9,4, ENGINEER will issue with reasonable promptness
such written clarifications or interpret;uions of the require.
ments of the Contract Documents (in the form of Drawings
or otherwise) as ENGINEER may determine necessary. which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR
believes that a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree to the
amount or extent thereof. CONTRACTOR may make a claim
therefor as provided in Article II or Article 11.
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Authorized Yar.tUions in Work:
9,5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contra.ct 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 parties are unable to agree as to
the amount or extent thereof. CONTRACTOR may make a
claim therefor as provided in Article 11 or 12.
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Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defecrive, and
will also have authority to require special inspectio n or testing
of the Work as provided in paragraph 13.9. whether or not
the Work is fabricated. installed or completed.
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Shop Drawings. Clumge Ortkl"$ and Payments:
9,7, In connection with ENGINEER's responsibility for
Shop Drawings and samples. see paragraphs 6.13 through
6,19 inclusive.
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9.8, In connection with ENGINEER's responsibilities as
to Change Orders. see Articles 10. 11 and 11,
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9,9, In connection with ENGINEER's responsibilities in
respect of Applications for Payment. etc.. see Article 14.
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Detemrinalions for Unit Prices:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
NEER's written decisions thereon will be final and binding
upon OWNER and CONTRACTOR. unless. within ten days
after the date of any such decision. either OWNER or CON-
TRACTOR delivers to the other party to the Agreement and
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to ENGINEER written notice of intention to appeal from
such a decision.
Decisions on Disputes:
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
'ot.her matters relating to the acceptability of the Work or the
interpretation of the requirements,ofthe Contrac't Documents
pertaining to the performance and furnishing of the Work and
claims under Articles II and 11 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph, which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim. dispute and other matter will be delivered
by the claimant to ENGINEER and the other party to the
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event giving rise thereto. and
written supporting data will be submitted to ENGINEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
9,11. 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,
LimilJuions on ENGINEER's ResponsibiIUies:
9,13, Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith eitherto 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 import are
used to describe a requirement. direction. review or judgment
of ENGINEER as to the Work. it is intended that such
requirement. direction. review or judgment will be soiely 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
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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, .
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9,15. ENGINEER wi1\ 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 fumish the
Work in accordance with the Contract Documents,
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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.
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ARTICLE IO-CHANGES IN THE WORK
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10,1. Without invalidating the Agreement and without notice
to anv suretv. OWNER may. at any time or from time to
time. . order ~dditions. 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).
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10.2. If OWNER and CONTRACTOR are unable to agree
as to the e.xtent, if any. of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change. a claim may be made therefor as provided in Article
II or Article I:.
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IO,J, CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended. modified and supple-
mented as provided in pamgraphs 3.4 and 3,5, except in the
case of an emergency as provided in paragraph 6,22 and
except in the case of uncovering Work as provided in para-
graph 13,9,
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10"+. OWN ER and CONTRACTOR shall execute appro-
pri~lte Change Orders (or Written Amendments) cuvering:
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10"+,1. changes in the Work which are urdered by
OWN ER pursuant to paragraph 10,1. are requir~d because
of :lccept:lnl:e of defl!C'ril'e Work under paragraph 13.13 ur
corr~cting d,//!cril'e Wurk under paragmph 13,14. or are
agreed to by the parties:
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10.4,:. <:hanges in [he Cuntract Price ur Cuntr:lct Time
which are agreed to by the parties: :lnu '
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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 Documencs and applicable
Laws and Regulations. but during any such appeal. CON-
TRACTOR shall carryon the Work and adhere to the prog-
ress schedule as provided in paragmph 6.29,
10.5, If notice of any change atTecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to. Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly,
ARTICLE II-CHANGE OF CONTRACT PRICE
11.1, The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON.
TRACTOR for performing the Work. All duties, responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
11,2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (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 i.vith paragraph 9,11 if OWNER and CONTRACTOR
cannot utherwise agree on the amount involved, No claim
for an adjustment in the Cuntract Price will be valid if not
submitted in accordance with this paragraph II,:!,
11.3. The value of any Work covered by a Change Order
or of anv claim for an increase or decrease in the Contract
Price sh~lI be determined in one of the following ways:
, 11,3,(, Where the Work involved is covered by unit
prices contained in, [he Cuntract Documents. by. applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9,1. through
11.9,3. inclusive),
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11.3.1, By mutual acceptance of a Jump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.1.1).
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mined as provided in paragraphs 11.4 and 11,5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
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Cost of the Work:
11.4. The tenn Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper perfonnance 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
tile Project. shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
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11.4,1. Payroll COSts for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll costs
shall include. but not be limited to, salaries and wages
plus the cost of fringe benefits which shall include social
security contributions. unemployment. excise and payroll
taXes. workers' or workmen's compensation. health and
retirement benefits. bonuses. sick leave. vacation and hol-'
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours. on Satur-
day, Sunday or legal holidays. shall be included in the
above to the extent authorized by OWNER.
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11,4,2, Cost of all materials and equipment furnished
and incorporated in the Work. including costs of trans-
ponation and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments. in
which case the cash discounts shall accrue lO OWNER.
All trade discounts. rebates and refunds and aU returns
from sale of surplus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained,
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11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subconlractors.
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine. with the advice of ENGINEER. which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee. the Subcontractor's Cost of the Work
shall be determined in the same manner as CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subject
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to the other provisions of the Contract Documents insofar
as applicable.
11.4.4, Costs of special consultants (including but not
limited lo'eng:ineers. architects. testing laboratories. sur-
veyors. attorneys and accountants) employed for services
specifically related to the Work.
11.4.5, Supplemental costs including the following:
11.4,5.1. The proportion of necessary transporta-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.1. Cost. including transportation and main-
tenance. of all materials. supplies. equipment. machin-
ery. appliances. office and temporary facilities at the
site and hand tools not owned by the workers. which
, are consumed in the performance of the Work. and cost
less market value of such items used but not consumed
which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER. and the costs of transportation. loading,
unloading. installation. dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rental of any such equipment. machin-
ery or parts shall cease when the use tilereofis no longer
ne~ssary for the Work.
1 I .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 pennits and licenses.
11.4.5.6, Losses and damages (and related
expenses). not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.9). pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR. any Subcontractor. or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses.
damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however, any such loss or damage
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requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shJIl be paid for
services a fee proportionate to that stated in paragraph
11.6.2,
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11.4,5,7, The cost of utilities. fuel :lnd sanitary
facilities at the site,
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11.4,5,8, Minor expenses such as teleerams. long
distance telephone c:llIs. telephone service- at the site~
expressage and similar petty c:lsh items in connection
with the Work.
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1104,5,9, Cust of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for property insurance cuvei.lge within
the limits of the deductible amounts established bv
OWNER in accordance with paragraph 5,9, '
I 1,5, The term COSt of the Work shall not include any of
the following:
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11,5,1, PJyroll costs and other compensation of CON-
TRACTOR's officers. executives, principals I of partner-
ship and sole proprietorships). l!ener.11 munal!ers. enl!i.
neers. architects. estimators. atto-meys, audito;s, accou-n-
tunts. 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 specificallv included in the aszreed
upon schedule of job c1assificatio'ns referred to in para-
graph 1104,/ or specifically covered by paragraph 11.4,4-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
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11.5.2, Expenses (,f CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site,
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11.5,3. ..\ny part ufCONTRACTOR's capital expenses,
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments,
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11.5.4, Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contrnet Documents to purchase and maintain the
same (e:~cept for the cost of premiums covered by sub.
paragraph II A,5,9 above),
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11.5.5, Costs due to the negligence uf CONTRAC-
TOR, any Subcontra.;tor, ur anyone directly or indirectly
employed by any of l;,~m ur for who~e :lcts any of them
may b~ liable:, ir..:I',llling but nut limited to. the correctiun
of cle.kc r;" '.~.'urk_ Jisposal (If m:.lt~ri:.lls or equipment
wrongly SLI, ~"l\. ~ ""ak:l"!g good any dam~lge to prop-
erty,
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11.5 ,6, Other 0\'erhead ur generale:<pense costs of
any kind anu the C:llstS of any item not spec:iticallx ~lnd
e,'\:pressfy induded in paragraph II A,
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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 ponions of the Costuf the Work:
t 1.6.2, [, for costs incurred under parngraphs t 1.4,1
and 11.4.2. the CONTRACTOR's Fee shall be fifteen
percent:
11,6,2,2, for costs incurred under paragraph 11.4,3.
the CONTRACTOR's Fee shall be F.ve percent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee, the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
11.6.2.3, no fee shall be payable on the basis of
costs itemized under par:lgraphs II AA, II,.U and 11.5:
11,6,204, the amount of credit to be allowed bv
CONTR.-\CTOR to OWNER for anv such chanlZe which
results in a net decrease in cost will be the a~ount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by an amount equal to ten percent of the
net decrease: and
11.6,2.5, when both additions and credits are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11,6,2.1
through 11.6.2.~, inclusive,
I 1. 7, Wheneverthe cost of any Work is to be determined
pursuant to paragraph 11 A or 11.5, CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supponing data.
Cash A.llowances:
11,8, It is understood that CONTRACTOR has included
in the COnti.lct Price all alluwances so named in the Contract
Documents and shall cause the Work so covered to be done
by such Subcontrnctors or Suppliers and for such sums within
the limit of the allowances as may be acceptable to ENGI-
NEER, CONTRACTOR agrees that:
11,8, I, 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 sileo and all applicable taxes: and
11.8.2. CONTRACTOR's costs fur unloading and
handling on the site, hltlor, installation costs. overheJd.
profit JnJ other expenses contemplated for the alluw:Jnces
have been incluJr:d in [he CuntrJ.ct Price and not in the
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allowances, No demand for additional payment on account
of any thereof will be valid.
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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.
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Unit PrU:f! Work:
11.9.1. Where the Contract Documents provide that
all or pan: 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 ofche 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 are not guaranteed and are solely for
the purpose of comparison of Bids and detennining an
initial Contract Price. Detenninations of the actual quan-
tities and classifications of Unit Price Work. perfonned by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
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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.
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11.9.3. Where the quantity of any item of Unit Price
Wo~k perfonned by CONTRACTOR differs materially
and significantly from che estimated quantity of such item'
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Anicle II if the panies arc
unable to agree as to the amount of any such increase.
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ARTICLE l2-CHANGE OF CONTRACT TIME
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11.1, The Contract TllTIe may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Time shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim, Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accom-
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
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shall be detennined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in the Contract Time will
be valid ifnot submitted in accordance with the requirements
of this paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to,
acts or neglect by OWNER or others perfonning additional
work as contemplated by Article 7, or to fires. floods. labor
disputes. epidemics. abnonnal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement; The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers, architects.
attorneys and other professionals and court and arbitration
costs) for delay by either party.
ARTICLE 13-WARRA.NTY AND GUARANTEE;'
TESTS AND INSPECTIONS:
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Wamznl}' an.d Guara.nue:
13,1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be defective.
Prompt notice of all defects shall be given to CONTR.<\C-
TOR. All defective Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13,
Access to Work:
13,2. ENGINEER and ENGINEER's representatives.
other representatives of OWNER. testing agencies and gov-
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access,
, Tests and Inspf!ctiDns:
13,3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections. tests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) to specifically
be inspected. tested or approved. CONTRACTOR ,shall
assume fun responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection. testing or approval. CONTRACTOR shall also
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be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN.
ER's or ENG IN EER's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior to CON-
TRACTOR's purchase thereoffor 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>.
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13,5. A.1l inspections, tests or approvals other than those
required by Laws or Regulations of any public bodv having
jurisdiction shall be performed by organizations ac~eptabl~
to OWNER and CONTRACTOR (or bv ENGI~EER if so
specified). .
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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,
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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.
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Unco~'ering Work:
13,8, lfany Work is covered contrary to the written request
of E:'-iGINEER. it must. if requested by ENGI~EER. be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense,
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13,9. If ENGlNEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by Qthers, CONTRACTOR. at ENGINEER's
reque:st. shall uncover, expose or otherwise make available
for observation, inspe:ction ~r testinlZ as ENGI~EER ma\'
require, that PQrtion of the Work in question. furnishing ail
necessary labor, material and equipment. If it is found that
such \Vork is dttf/!t'ril'l', CONTRACTOR shall bear all direct.
indirect and ..:onsequencial costs of such uncovering, e,'(po-
sure. observation, inspection and testing and of $.ltisfactory
reconstruction. I including but not limited to fees and charges
of engineer5. architects, attorneys and other professionals).
and OWN ER shall be: e:ncitled to an appropriate decrease in
the: Contract Price. and, if the parties are unable: t~, aeree ;,.S
to the amuunt thereof. muy make a claim the:refor a~ pr~vided
in Article II, If. ho" e:ver, 5uI:h W~lrk' is not f~'und to l'1e:
de.fi'l'ril'l', CO~TRA<:TOR ~hall be allowed an inl:rease in
the CQntral:t Pri,,(, . r ..it ..:\,.:nsion of the Contra..:t Time, ~lr
both. Jircl:tly attril'lltablc 1\J such unl:ove:ring, exposure.
obser\'atilln. insp.:ctiun. testing and rel:onstructi~'n: and. it'
the: p.lrties are unable: to agret: .IS [0 the: amount I.lr exte:nc
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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 defecril'e, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or pert'orm the Work in such a
way that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR to s;op the
Work. or any portion thereof. until the cause for such order
has been eliminated: however.. this right of OWNER to stop
the Work shall not give rise to any duty on the part of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Correction or Removal of Defective Work:
IJ,ll, Ifrequired by ENGINEER. CONTRACTOR shall
promptly. as directed. either correct all defecril'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 nOlldefectil'e Work, CONTR.A..CTOR
shall bear all direct. indirec: :lnd 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 Contrn.ct Documents
or by any specific provision of the Contract Documents. any
Work is found to be defecril'e, CONTRACTOR shall promptly.
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defecti\'e Work. or,
if it has been rejected by OWNER. remove it from the site
and replace it with Ilondefecrive Work. [f 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. OWN ER may have the defecri\'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 chare:es of
engineers. architects. attorneys and other professional~) will
be paid by CONTRACTOR, In special circumstances where
a particular item of equipment is plac:ed in continuous se:rvice
before Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if
so provided in the Spt:cinc:ltions or by Written Amendment.
.-tcceptance of Defective Work:
13,13, If. instead of requiring correction or removal and
replacement of Jl~t'I!('rin' Work. OWNER (,lnd, , prior to
ENGIN EER's rec:ommenuation of final payment. also
ENGINEER) prefers [0 acce:pt it. OWNER may do so, CON-
TRACTOR shall bear :.Ill Jirect. indirect and consequential
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costs attributable: to OWNER's evaluation of and detenni-
nation to accept such defective Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges,of engineers. architects. attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment. a
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work:
and OWNER shall be entitled to an appropriate decrease in
the Contract Price, and. if the parties are unable to agree as
to the amount thereof. OWNER may make a claim therefor
as provided in Article 11, If the acceptance occurs after such
recommendation_ an appropriate amount will be paid by'
CONTRA.CTOR to OWNER.
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OWNER May COrTtet Dt!ft!ctivt! Work:
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13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13,11. or if CONTRACTOR fails to perfonn the Work
in accordance with the Contract Documents. or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents. OWNER may. after seven days' writ-
ten notice to CONTRACTOR. correct and remedy any such
deficiency, In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action. O'WNER
may exclude CONTRACTOR from all or part of the site. take
possession of all or part of the Work. and suspend CON-
TRACTOR's services related thereto. take possession of
CONTRACTOR's tools. appliances. construction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives. agents and ,employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct. indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issued incorporating the necessary revisions in
the 'Contract Documents with respect to the Work: and
OWNER shall be entitled to an appropriate decrease in the
Contract Price. and. if the parties are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such direct. indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers. architect.s. attorneys and other professionals.
all court and arbitration costs and all costs of repair and
replacement of worle 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.
fonnance of the Work attributable to the exercise by OWNER
of OWNER' s rishts and remedies hereunder.
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ARTICLE I4-PA YMENTS TO CONTRACTOR AND
COMPLETION
Sch~duit! of VallI.t!s:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a fonn of Application for Pay.
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Worle will be based on the number of
units completed,
AppiU:lJti.on for Progress Pa.vmt!n.l:
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. Ifpayment is requested
on the basis of materials and equipment not incorporated in
rhe Worle but delivered and suitably stored at the site or at
another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale. invoice
or other documentation warranting that OWNER has received'
the materials and equipment free and clear ofan 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 Warranty a/Tide:
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.
Rev~w of Appliaztions for Progrt!ss Payme1ll:
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 p,aid by
OWNER to CONTRACTOR.
14,5, ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
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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 \,)f the Applica[ion for Payment and the
accompanying data and schedules that the Work has pro-
gressed to'the point indicated: that. to the best of ENGI.
NEER's knowletlge. information anti 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 payme::nt ENGINEER
will not thereby be deemed to have represented that exhaus.
tive or continuous on.site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or that there mav not be other matters
or issues between the parties that might el'ltitJe CONTRAC.
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
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14,6. ENGINE~R's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled,
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14.7, ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion. it
, would be incorrect to make such representations to OWNER,
ENGINEER may also refuse to recommend any such pay.
ment. or. because of subsequently discovered evidence or
the results of subsequent inspections or tests. nullify any such
payment previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
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[-1-.7,), the Work is defecri\'e. or completed Work has
been damage? requiring correction or replacement.
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1-1-,7,2, [he Contract Price has been reduced by Writ.
ten Amendment or Change Order,
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14,7,J, OWNER has been required to correct def!!e"
ril'e Work or complete Work in accordance wi[h paragraph
13,14. or
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1-1-.7.4, of ENGINEER's actual knowledge of the
occurrence of any of the eVents enumerated in paragraphs
15.2.) through 15,':,9 inclusive.
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OWNER may refuse to make payment of the full amount
recommendetl by ENG IN EER because c1:l.ims have been
made against OWNER \,)n account \,)fCONTRACTOR's per.
formance or furnishing of the Work or Liens have been filed
in connection with the W\,)rk or there are other items entitling
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OWNER to a set.off against the amount recommended. but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action.
Substantial Completion:
14,8, When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) anci request that ENGI-
NEER issue a certificate of Substantial Completion, Within
a reasonable time thereafter. OWNER, CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion, If ENGINEER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor, If
ENGINEER considers the Work substantially complete.
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If. after considering such objec-
tions. ENGINEER concludes that'the Work is not substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor, If.
after consideration of OWNER's objections. ENGINEER
considers the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be com-
pleted or corrected) reflecting such changes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWNER. At the time of delivery
of the tentative certificate of Substantial Completion ENG I-
NEER will delivereo OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to security. operation. safety. maintenance. heat.
utilities. insurance and warranties, Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
certificate of Substantial Completion. ENGINEER's afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment,
14,9. OWNER shall h:l.ve the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion. but OWN ER shall allow CONTRACTOR reasonable
access to complete lJr correct items on the tentative list,
Parti41 Utili:.ation:
14,10. Use by OWN ER of any finished pnrt lJf the Work.
which has specitic~ll1y bc:~n identified in the Contract Do.:u-
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ments. or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part of the Work that can be used by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work,' may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
ing:
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14,10,1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees. CONTRACTOR will certify to OWNER
and ENGINEER that said part of the Work is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request. OWNER.
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its 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.
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14.10.1. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that 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 for that part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so infonned ENGINEER). During such operation
and prior to Substantial Completion of such part of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and, to
, complete other related Work.
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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 property
insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete, ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
Firuzl ApplU:arion for paymeru:
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-ail as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions ,of paragraph 14,161. 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 tiled 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 !bat all payrolls. material and equipment bills. and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be respon-
sible, have been paid or otherwise satisfied: and consent of
the surety. if any, to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in fuJi. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
Firuzl Payment and Acceptance:
14.13. If. on the basis of ENGINEER's observation of
the Work during construction and final inspection. and
ENGINEER's review of the final Application for Payment
and accompanying documentation-all as required by the
Contract Documents. ENGINEER is satisfied thac the Work
has been completed and CONTRACTOR's ocher obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. within ten days after receipt of the ftnal Appli-
cation for Payment. indicate in writing ENGINEER's rec-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of paragraph 14.16.
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Otherwise. ENGINEER will return the Application roCON.
TRACTOR, ind icating in writing the reasons for refusing to
recommend final payment. in which C:lse CONTRACTOR
shall make the necessary corrections :lnd resubmit the Appli-
c:ltion, Thirty days after present:ltion to OWNER of the
Application and accompanying documentation. in appropri-
ate form arid substance, and with ENGINEER's recommen-
dation and notice of accept:lbility. the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR.
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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 ponion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5, I, the written consent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions g9v-
erning final payment. except that it shall not constitute a
waiver of claims,
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Contractor's Continuing Obligation:
14,15, CONTRACTOR's obligation to perfonn 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 [0 CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work or any part thereof by
OWNER. nor any act of acceptance by OWNER nor any
failure 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 parag~ph 14,13.
nor any correction of defeclil'e Work by OWNER will con-
stitute an acceptance I,)f Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contrnct
Documents (except as provided in paragraph 14,16l.
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Wah'er of Claims:
l-t 16. The making and acceptance uf nnal payment \....ill
constitute:
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CO~TR.-\CTOR. except claims ,lrising from unsettled
Liens, frum Jf!.f"C'lii'{' Work appearing after final inspec-
til..'n pursuant to para!;r::lph 14,11 or from failure t~l ~umply
with the CuntiJct Ol.lCUments ur the terms uf ,illY special
guarantt:es specineJ therein: however. it will OI.lt \:unsti-
lllle a wai....er hy OWN ER of any rights in r~sp..:ct 1.1(
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CONTRACTOR's continuing obligations under the Con-
trnct Documents; and
14,16,:2, a waiver of. all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled,
ARTICLE 15-SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15,1. OWNER may, at any time and without cause, sus-
pend the Work or any ponion thereof for a period of not more
than ninety d:lYs 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 11
and 1:2.
Owner May Terminate:
15.2. Upon the occurrence of anyone or more of the
following events:
15,:2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title II. United
States Code). as now or hereafter in effect. or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency:
15,:!,:!, 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 fede~1 or state law in
effect at the time relating to bankruptcy or insolvenc~:
15,2.3, if CONTRACTOR makes a general assignment
for the benefit of creditors:
15,:2.4, if a trustee. receiver, cuscodian or agent of
CONTRACTOR is appointed under applicable law or under
contract, whose appointment or auchority to take charge
of property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose
of general administracion of such property for the benefit
of CONTRACTOR's creditors:
'15,1.5. if CONTRACTOR admits in writing an inabil-
ity to pay its debts generally as they become due:
15,:2,6, if CONTRACTOR persistently fails to perform
the Work in accurdance with the Cumrnet Documents
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(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
para~ph 2.9 as revised from time to time):
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15,2.7, if CONTRACTOR disregards Laws Or Regu-
lations of any public body having jurisdiction:
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15,2.8, if CONTRACTOR disregards the authority of
ENGINEER; or
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15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments;
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OWNER may, after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRACTOR's
tools. appliances. construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion). incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere. and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct. indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers. architects. attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR, If such costs
exceed such unpaid balance. CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order, but when exercising any' rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work performed.
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15,3, Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue, Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER. OWNER may. without cause and
without prejudice to any other right or remedy. elect to aban-
don the Work and terminate the Agreement. In such case,
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses. which
will include, but 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).
COnlral:tor May Stop Work or Terminau:
15,5. If. through no act or fault of CONTRACTOR. the
Work is ;uspended for a period of more than ninety days by
OWNER or under an order of court or other public authority.
or ENGINEER fails to act on any Application for Payment
within thirty days after it is submitted. or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due, then CONTRACTOR may. upon seven
days' written notice to OWNER and ENGINEER. terTl".i.".2te
the Agreement and recover from OWNER payment for ail
Work executed and any expense sustained plus reasonable
tennination expenses. In addition and in lieu of terminating
the Agreement. if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay-
ment as aforesaid; CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
,(The remainder of chis page was left blank intentionally.]
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ARTICLE l6--ARBITRATION
16.1 'All claims, disputes and other matters in question bet~een
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.)
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(This page was left blank intentionally. )
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ARTICLE [7-MISCELL~EOUS
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.
Computation 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.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error, omis-
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 pany
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 [7.3 shall
oot. be coostrued, 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. t3.12. [3.14,
14.3 and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder. are in addition to.
and are not to be construed in any way as a limitation of. any
rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations. by
special warranty or guarantee or by other provisions of the'
Contract Documents, and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty. obliga-
tion. right and remedy to which they apply. All representa-
tions. warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com-'
pletion of the Agreement.
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1.2
1.3
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 additiomilliability or property insurance will be purchased by Augusta-
Richmond County for this project.
Current insurance coverage will remain in effect for the life of this Contract.
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
ofliability of not less than $200,000 for any such damage sustained by two or
more persons in anyone accident.
The Contractor shall either (1) require each of his subcontractors to procure and
to maintain during the life of his subcontract, Subcontractor's Liability and
Property 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.
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
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1.5
1.6
1.7
1.8
1.9
1.4
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.
ENGINEER:
All references to "Engineer" shall be interpreted to mean the Augusta-Richmond
County Director of Public Works, or his official designee.
UNDERGROUND UTILITIES:
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.
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.
FIELD OFFICE FACILITIES:
No Field Office will be required for this project. In absence of this requirement,
the Contractor's Superintendent will be required to be equipped with a Mobile
Phone,
ESTIMATED QUANTITIES:
The Estimated Quantities of work to be done as shown in the documents are given
to compare costs and to indicate the approximate total of the contract. The Owner
reserves the right to increase or decrease to quantity of work and any such
increase or diminution shall not give cause for claims or liability for damages.
SC-2
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1.10 MAINTENANCE OF TRAFFIC:
In any work within the public right-of-way, the Contractor shall provide adequate
warning and protection for pedestrian and vehicular traffic from any hazard
arising out ofthe Contractor's operations and will be held responsible for any
damage caused by negligence on his part or by the improper placing of, or failure
to display, danger signs and road lanterns. All traffic lanes, sidewalks and
driveways will be kept open and clear at all times except as provided below, The
contractor shall not block traffic on any street more than 30 minutes or such other
time as the agency having jurisdiction may specify, without written permission
from such agency, Before leaving the work each night, it shall be placed in such
condition as to cause the least possible hazard therefrom. Should the Contractor
fail to comply with the provisions of this Paragraph, the Owner may, with his own
forces, provide signs, flagmen, barricades and/or lanterns, to reduce or eliminate
hazards, construct substitute passageways or clear the pavement and deduct the
cost thereof from sums due to the Contractor.
1,11 PRE-CONSTRUCTION CONFERENCE:
A Pre-Construction Conference shall be held at an acceptable time to the Owner
and the Contractor prior to the "Notice to Proceed" to coordinate the work and
satisfy all requirements of the Contract Documents.
1.12 PROMPT PAYMENT ACT:
This Agreement is intended by the Parties to, and does, supesede any and all
provisions of the Georgia Prompt Pay Act, O.C.G,A., Section 12-11-1, et seq. In
the event any provision of this Agreement is inconsistent with any provision of
the Prompt Pay Act, the provision of this Agreement shall control.
1,13 CLAIMS:
All claims, disputes and other matters in question relating to the Agreement, or
the breach thereof, shall be decided in the Superior Court of Richmond County,
bet\\:een the Owner and the contractor arising out of Georgia. The Contractor, by
executing this Agreement, specifically consents to venue in Richmond County
and waives any right to contest the venue in the Superior Court of Richmond
County, Georgia.
1.14 RETAINAGE:
Notwithstanding any provision ofthe law to the contrary, the parties agree that no
interest shall be due Contractor on any sum held as retainage pursuant to this
Agreement and Contractor specifically waives any claim to same.
SC-3
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SECTION P
PROPOSAL
Date: 1112 7/lJ I
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Gentlemen:
In compliance with your invitation for bids dated 11/27 , 200 L, the
undersigned hereby proposes to furnish all labor, equipment: and materials, and to
perform all work for the installation of streets, and appurtenances referred t6 herein as:
AD ms TING ROADWAY STRUCTURES, PHASE VI
Project Number: 327-04-201812086 .
in strict accordance with the Cohtract Documents and in consideration of the amounts
shown on the Bid Schedule attached hereto and totaling: 2 S1
rJ lrJTY-THtFF 7~slrN" FIFTy- SIX A-N~ /100
DOLLARS ($ q 3, 6 ~leJ. '2..s-" )
.
The undersigned hereby agrees that, upon written acceptance of this bid, he will
within 10 days of receipt of such notice execute a formal contract agreement with the
OWNER, and that he will provide the bond or guarantees required by the Contract
Documents,
The undersigned hereby agrees that, if awarded the contract, he will commence
the work within 10 calendar days after the date of written notice to proceed,. and that
he will complete the work within 300 calendar days,
The undersigned acknowledges receipt of the following addenda:
Respectfully submitted '
,1\ A Bu.s 8~T{-Jt:Yl~ ~~~T~Tt6y<J Cb. z,.,~
(Name of Firm)
~ 2.0 V\l\ol.U{ A1\l1.) flIJ. Au.6-<AsrA6A )c'tJ I
~us~
Title: f f2t:- S IIJ~T
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ADJUSTING ROADWAY STRUCTURES, PHASE VI
PROJECT NUMBER: 327-04-201812086
DETAILED ESTIMATE
611-8050 *ADJUST MANHOLE TO GRADE
611-8055 *ADJUST WATER VALVE TO GRADE
TOTAL
'Price includes materials, traffic control, bonds, etc,
P-5
$(PCj731-S0
$ 23318-7S"
$
$~3{)S~ -U"
6129/01
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2.01
2.02
2.03
TECHNICAL SPECIFICATIONS
SECTION 1
ADJUSTING ROADWAY STRUCTURES. PHASE V
SCOPE:
This section consists of adjusting existing manhole rings and covers and water
valve boxes to grade,
WORK BY OTHERS:
Georgia Power, Southern Bell and Georgia Natural Gas Company will be
responsible for adjusting their respective structures.
MATERlALS AND METHODS:
(a) Manhole' Adiustments: The principal materials to do this work as specified
herein shall be those salvaged from the removal of the existing structures.
The suitability of the salvaged material for this use will be determined by
the Engineer. All rings and/or covers that are broken and cannot be reused
shall be delivered to the Tobacco Road Facility. Augusta Richmond
County will furnish new rings and/or covers. Other materials necessary
for the completion of the structure, such as mortar, cement, sand,
bituminous filler, brick and other materials, shall meet the requirements of
the Georgia Department of Transportation Specifications.
(b) Water Valve Adiustments: The principal materials to do this work as
specified herein shall be those salvaged from the removal of the existing
structures. The suitability of the salvaged material for this use will be
determined by the Engineer. All valve boxes that are not standard shall be
removed and replaced with standard boxes, Valve boxes not meeting
specifications shall be delivered to the Utilities Department, 2822 Central
Avenue. Augusta Richmond County will furnish replacement valve boxes
for use on this project. Other materials necessary for the completion of the
structure, such as mortar, cement, sand, bituminous filler, brick and other
materials shall meet the requirements of the Georgia Department of
Transportation Specifications.
(c) Methods:
1, Cut surrounding asphalt by jackhammer or pavement saw leaving a
uniform edge.
2. Remove material to lift off manhole ring.
3. Adjust manhole ring base with masonry, brick wedges or bicycle inner
tube.
4. Set ring.
5. Fill hole to within 1 Yz" of existing pavement grade with concrete.
6. After concrete sets up, patch with type "e" asphalt.
7. No cold mix will be accepted.
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2.04
2,05
CONSTRUCTION:
Construction methods shall be in compliance with Section 611, Article 611.03 of
the Georgia Department of Transportation Specifications, Manholes, valve boxes
and utility structures shall be adjusted to grade.
MEASUREMENT AND PAYMENT:
(a) Manhole Adiustment: Payment for adjusting manhole rings and covers
will be paid for at the contract unit price per each as set forth in the
proposal. This payment will be for full compensation for the furnishing of
all materials (except grates and frames), forms, equipment, tools, and labor
to complete the work.
(b) Water Valve Adiustment: Payment for adjusting water valve boxes will be
paid for at the contract unit price each per each as set forth in the proposal.
This payment will be for full compensation for the furnishing of all
materials (except valve boxes), forms, equipment, tools, and labor to
complete the work.
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,DEP ARTMBNT OF TRANSP.oRTATION
STATE OF GEORGIA
SPECIAL PROVISrON
SECTrON 150-TRAFFrC CONTROL
August 28, 1995
First Use: October 20, 1995
Modification of Special Provision
Section 150 - Traffic Control (Rev, June 21,1994)
Retain Section 150 as written and addtAe following:
For this project, all references to flags on construction warning signs in the Standard Construction Details
listed below are deleted except for signs which are mounted at less than seven (7') feet in height (portable
signs).
S~dard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Details
In addition, G20-1, G20-2.A.., and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated
September 3,1993,
150.02 WORK ZONES: Delete 'Work Zones" and substitute: Temporary Traffic Control Zones.
150.02. 8.2.: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200
feet in advance of the temporary gore, and 10 feet for the first 100 feet of the temporary gore.
150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written and add second paragraph.
Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected
by guardrail, portable barrier, impact attenuator or other type of positive barrier protection.
Unprotected posts shall meet the breakaway requirements of the "1985 AASHTO Standard
Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals".
Unprotected post splices will not be permitted any higher than four inches above the ground line
to lessen the possibility of affecting the underCarriage of a vehicle.
. ,
ISO.03.H. 'CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF
WARNING FLAGS.
Delete first sentence of second paragraph and substitute:
Construction warning signs which are mounted at less than seven feet in height (portable signs) shall
have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on e~ch sign.
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,DEPARTM:ENT OF TRANSPORTATION
STATE OF GEORGIA
150.04.E.2.a.2.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are
required.
150.04. E.2.b.1.: Retain CIS written and add: In lane shift areas skip lines are not allowed. Solid lines are
required.
150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type
11 {eleven}.
150.10 PAYMENT: Item No. 641 - Delete reference to Type 9 and substitute Type 11 {eleven}.
SPECIAL PROVISION
SECTION 1 50-TRAFFIC CONTROL
June 22, 1994
First Use: July 24, 1994
Modification of Standard Specifications, 1993 Edition
Retain Section 150 as written and add the following:
For this project, all references in the Standard Construction Details listed below to Type I Barricades,
Type II Barricades, Type "A" flashing.lights and Type "e" steady burn lights are deleted, except that
Type "C" lights win be required for tapers in nighttime lane closures.
Standard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median '
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscel1aneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform to Part'VI of the MUTCD, Revision 3, dated
September 3, 1993.
Detail "A" as shown on Georgia St.8.ndard 4960 is deleted.
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
Rev. June 21, 1994
First Use: July 24,1994
Rev.: Augw;t 16, 1994
Modification of the Standard Specifications, Current Edition
Delete Section 150 as written. an.d substitute the following:
150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTeD shall be
considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and
removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic
control devices and shall include flagging and other means for guidance and protection of vehicular and
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
pedestrian traffic through the Work Zone. This Work shall include both maintaining existing devices
(excluding Traffic Signals) and installing additional devices as necessary in conStruction work zones.
When any provisions of this Specification or the Plans do not meet the minimum requirements of the
Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the
MUTCD and Revision 3, dated September, 1993, of Part VI sheLll be in effect for the duration of the
project.
A. The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor
(WTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices
in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's
traffic control responsibilities shall have priority over all other assigned duties.
As the representative of the Contractor, the \VTCS shall have full authority to act on behalf of the
Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in
safe traffic control practices in accordance with Part VI of the MUTCD. In addition to the WTCS all
others making decisions regarding traffic control must meet the training requirements of Part VI of
the MUTCD. On projects where traffic control duties will not require full time supervision, the
Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as
satisfactory results are obtained.
The WTCS shall have a copy of the MUTCD on the job site. Copies of current MUTCD may be
obtained from:
V.S, Government Printing Office
Superintendent of Documents
Mail Stop: SSOP
Washington, D.C. 20402-9328
The WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with
access to all personnel, materials and equipment necessary to respond effectively to an emergency
situation within forty-five (45) minutes of notification of the emergency.
The vrrcs shall supervise the initial installation of traffic control devices which will be reviewed by
the Engineer prior to the beginning of construction. Modifications to traffic control devices as required
by sequence of operations or staged construction must be reviewed by the WTCS. The WTCS shall
regularly perform inspections to ensure that traffic control is maintained.
B. All traffic control devices used dUring the construction of a project shall meet the Standards utilized
in the MUTCD, and shall comply with the' requirements of these Specifications, Project Plans, and
Special Provisions. Reference is made to Subsections 104,05, 107.07, and 107.09.
C. All reflectorization for construction (black on orange) signs, object markers, and channelization
devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other
'signs shall meet the requirements of Type I unless otherwise specified.
D. No work shall be started on any project phase until the appropriate traffic control devices have been
placed in accordance with Project requirements. Changes to traffic flow shall not commence unless
all labor, materials, and equipment necessary to make the changes are available on the Project.
E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation,
sequence of work and methods of providing for the safe passage ofvehicu1ar and pedestrian traffic
before it is placed in operation. The proposed plan of operation should supplement the approved
traffic control plan. Any major changes to the approved traffic control plan, proposed by the
Contractor, are to be submitted to the Department for approval in accordance with Subsection 104.03
of the Standard Specifications.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Some additional traffic control details will be required prior to any major shifts of traffic. The traffic
control details shall include, but not be limited to, the following:
1. A detailed drawing showing traffic location and laneage for each step of the change.
2. The location, size, and message of all signs required by the MUTCD, Plans, Special Provisions,
and other signs as required to fit co'nditions.
3. The method to be used in, and the limits of. the obliteration of conflicting lines and markings.
4. Type, location, and extent of new lines and markings.
5. Horizontal and vertical alignment and superelevation rates for detours, including cross section
and profile grades along each edge of existing pavement.
6. Drainage details for temporary and permanent alignments.
7. Location, length, and/or spacing of channelization and protective devices (temporary barrier,
guardrail, barricades, etc.)
8. Starting time, duration and date of planned change.
9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing
workfot'Ce, materials, and equipment necessary to accomplish the proposed work. This will be the
minimum resource allocation required in order to start the work.
The above details shall be submitted to the Engineer for approval at lea.st 14 days prior to the
anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has
been approved by the Engineer prior to commencement of the physical shift. All preparatory work
relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the
designated starting time. The Engineer and the Contractor's representative will verify that all
conditions have been met prior to the Contractor obtaining materials for the actual traffic shift.
F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be
maintained in accordance with Subsection 104.05 throughout the construction period. All
unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible to traffic. If traffic control
devices are left in place for more than ten, days after completion of the Work, the Department shall
have the right to remove such devices, claim possession thereof, and deduct the cost of such removal
from any monies due, or which may become due, the Contractor.
G. The Department reserves the right to restrict construction operations when, in the opinion of the
Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before,
on, or after holidays or other days in which unusual traffic conditions exist, including threatening or
inclement weather.
150.02 WORK ZONES:
A In addition to the other provisions contained herein, work zone traffic control shall be accomplished
using the follOwing means and materials:
1. Portable advance warning signs as required by the contract or meeting the requirements ofthe
MUTeD and Sub-Section 150.03.
2. Portable sequential or flashing arrow panels as shown in the Plans or Specifications for use on
Interstate or multi-lane highway lane closure only, shall be a minimum size of 48" high by 96"
TL"-4.
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire
size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum
legibility distance is that distance at which the arrow panel can be comprehended by an observer
on a sunny day, or clear night. Arrow panels shall be equipped with automatic dimming features
for use during hours of darkness, The arrow panels shall also meet the requirements as shown
in the MUTeD, The sequential or tlashing arrow panels shall not be used for lane closures on two-
lane, two-way highways when traffic is restricted to one-lane operations in which case,
appropriate signing, tlaggers and when required, pilot vehicles will be deemed sufficient.
3, Portabl e changeable message signs meeting the requirements of Section 632 and the MUTCD.
4. Channelization devices meeting the standards of the MUTCD and Subsection 150.05.
5. Precast concre~ barrier meeting the requirements of Section 622.
6. Temporary traffic signals meeting the requirements of Section 647.
7. Pavement marking ma~rials complying with Subsection 150.04.A.
B. LANE CLOSURES:
1. All lane closures shall have prior approval of the Engineer, Lane closures that require same
direction traffic to be split around the Work Area will not be approved for roadways with posted
speeds of 35 mph or greater, excluding turn lanes.
2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the
entTance and exit ramps shall have channelization devices placed on both sides of the ramp. The
temporary ramp taper length shall be greater than, or equal to, the existing taper length. Interim
EXIT gore signs shall be placed at the ramp divergence. Channelization device spacing in the first
100 feet of the temporary gore shall be 25 feet.
3. Termination Area: The tTansition to normal or full width highway at the end of a lane closure
shall be a maximum of 150 feet.
4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07,
the Contractor shall remove all signs, lane closure markings, and devices immediately when lane
closure work is completed or temporarily suspended for any length of time or as directed by the
Engineer.
C. TRAFFIC PACING METHOD:
1. PACmG OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allOwing the
ContTactor up to ten (10) minutes maximum. to work in or above all lanes of tTaffic for the
following purposes:
a. Placing bridge members or other bridge work:.
b. Placing overhead sign structures.
c. Other work items requiring interruption of traffic.
The ContTaetor shall provide a uniformed police officer with patrol vehicle and blue flashing light for
each direction of pacing. The police officer, Engineer, and flaggers at ramps shall be provided with a
radio which will provide continuous contact with the Contractor. '
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,DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
When ready to start the work activity, the police vehicle will pull into the travel lanes and act as a
pilot vehicle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform
the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic,
with a flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be opened
after the police vehicle has passed.
Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph
non-interstate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and
behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared
the area.
Traffic will not be permitted to stop during pacing except in extreme cases as approved by the
Engineer.
2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of
the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72
inch) with a Type "B" flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY"
(See Detail150-A). A portable changeable message sign may be used in lieu of the W-special sign. On
divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted
at the sign, and upon notice that the traffic is to be paced shall turn on the flashing light and reveal
the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered
or removed. W-special signs are reflectorized black. on orange, Series "c" letters and border of the size
specified.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
T'I'P'E -a. rL J.SH lie L I CUT CJf T1W' F' I C 5 I Cl(
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D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic
unless separated by a positive barrier, or when construction activity necessitates otherwise, and shall
not reverse direction except at intersections, interchanges, or approved temporary crossings.
E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not
interfere with normal traffic operations or adjacent properties.
F. Existing street lighting shall remain lighted as long as practical and until removal is approved by the
Engineer.
G. Adequate temporary lighting shall be provided at all nighttime work sites where workers will be
immediately adjacent to traffic.
H. For their own protection, workers in or adjacent to traffic dUring nighttime operation shall wear
reflectorized vests.
/ "2::'- 7'
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
1. The parking of Contractor's and/or workers personal vehicles within the work area or adjacent to
traffic is prohibited.
J. The Worksite Traffic Control Supervisor CWTCS) shall monitor the work to ensure that all the rocks,
boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are
kept clear of the travelway, These items shall be stored in a location, in so far as practical, where they
will not be subject to a vehicle running off the road and striking them.
K All existing pedestrian walkways shall be maintained. 'Whenever changes to the worksite necessitate
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changes to existing walkways, temporary walkways shall be provided and maintained, with
appropriate signs as necessary, to allow safe passage of pedestrian traffic.
150.03 SIGNS:
A. \\Then required for proper traffic control during construction of the project, all existing guide, warning,
and regulatory signs shall be maintained by the Contractor in accordance with these Specifications.
Existing street name signs shall be maintained at street intersections. All existing illuminated signs
shall remain lighted and be maintained by the Contractor.
B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered
so as not to be visible to traffic. All construction warning signs shall be removed within seven calendar
days after time charges are stopped or pay items are complete. Subsequent punch-list or other work
to be performed shall be accomplished utilizing temporary construction warning signs that shall be
removed daily.
C. The Contractor shall not remove any existing signs and supports without prior approval from the
Engineer. All existing signs and supports which are to be removed shall be stored and protected as
directed by the Engineer, and become the property of the Department Wlless otherwise specified in
the contract documents,
D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed,
reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special
Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractor.
The bottom of all interim signs shall be at least seven feet above the level of pavement edge.
E. Existing special guide signs on the Project shall be maintained until conditions require a change in
location or legend content. When change is required, existing signs shall be modified and continued
in use if the required modification c~ be made within existing sign borders using, deSign
requirements (legend, letter size, spacing, border, etc.) equal to that 'of the existing signs, or of
Subsection 150.03,E.5. Differing legend designs shall not be mixed in the same sign.
1. SPECIt\L GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that
are designed with a message content Oegend) that applies to a particular roadway location. When
an existing special guide sign is in conflict with work to be performed, the Contractor shall remove
the conflicting sign and reset it in a new, non-conflicting location which has been approved by the
Engineer.
2. INTERIM SPECIt\L GUIDE SIGNS: When it is not possible to utilize existing signs, either in
place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new
interim special guide signs in accordance with the Plans or as directed by the Engineer.
3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign
structures are not required to be lighted unless specifically required by the Plans. If lighting is
required the sign shall be lighted as soon as erected and shall remain lighted, dUring the hours
of darkness, until the interim sign is no longer required. The Contractor shall notify the Power
Company at least thirty (30) days prior to desiring connection to the power source.
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DEPARTMENr OF TRANSPORTATION
STATE OF GEORGIA
4. The installation of new permanent special guide signs and the permanent modification or
resetting of existing special guide signs, when incl uded in the contract, shall be accomplished as
soon as practical to minimize the use of interim special guide signs. IfIighting is required by the
Plans, all new permanent overhead special guide signs shall be lighted as soon as erected.
5, Interim special guide signs that may be required in addition to, or a replacement for, existing
expressway and freeway (interstate) signs must be designed and fabricated in compliance with
the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways"
and Part2F "Guide Signs Freeways" of the MUTeD, except that the minimum size of all letters
and numerals in the names of places, streets and highways on all signs shall be 16 inches Series
"E" initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48
inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the
exit road name or route shield shall be placed on the exit gore sign.
F. MATERIALS - INTERIM SIGNS:
1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green
or silver paint may be used in He,u of galvanization for steel posts or structural shape posts. Wood,
posts are not required to be pressure treated.
2. SIGN BL..<\NKS 1u"ID PA...'1\ffiLS - All sign blanks and panels shall conform to Section 912 of the
Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1
and Type 2 sign blanks shall have a minimum thickness of 0,08 inches regardless of the sign type
used. Alternative sign blank materials (composites, poly carbonates, fiberglass reinforced plastics,
recycled plastics, eu:.) shall have a letter of approval from the Office of Materials and Research
for use as interim construction signs before these materials are allowed to pe incorporated into
the work. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum.
Plywood blanks or panels will not be permitted.
G. All existing, interim and new permanent signs shall be installed so as to be completely visible for an
advance distance in compliance with the MUTeD, Limbs, brush, construction equipment and
materials shall be kept clear of the driver's line of sight to the signs.
H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the
MUTeD and shall include a series of at least three advance road construction CW20-1) signs placed
at the tc!rmini of the project The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET,
AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend
ROAD WORK (2 MILES, 1 MILE, AND 1,12 MILE.) On-ramps and at grade intersecting roadways
shall be signed with a minimum of one ROAD WORKAHEAD sign.
All construction warning signs shall have two 18 inch x: 18 inch fluorescent red-arange or orange-red
warning flags mounted on each including the project construction signs CG20-1 and G20-2A.) Project
mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest
whole mile. All construction warning signs on divided highways shall be double indicated (i.e., on the
left and right sides of the roadway.)
1. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where
the lane clOsing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable
support. Vehicle mounted panels shall be provided with remote controls. Minimum mounting height
shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels
which should be as high as practical.
J. The portable changeable message sign, when specified, shall be placed ahead of construction activities
and shall meet the requirements of Section 632 and the MUTeD.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
K. The flashing beacon assembly, when specified, shall be used in col\iunction with construction warning
signs, regulatory, or guide signs to inform traffic of special road conditions which require additional
driver attention. The flashing beacon assembly shall be installed in accordance with the requirements
of Section 647.
150.04 PAVEMENT MARKINGS
A. Generally, full pattern pavement markings in accordance with Section 652 and in conformance with
Section 3A and 3B, except 3B-3 and 3B-5, of the MUTCD are required on all Courses before the
roadway is opened to traffic. No passing zones shall be marked to conform to Section 150,04 E. DUring
construction and maintenance activities on all highways open to traffic, both existing markings and
markings applied under this Section shall be fully maintained until Final Acceptance. If the pavement
markings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering,
or construction activities, they shall be restored immediately. On resurfacing projects pavement
markings shall be provided on all surfaces that are placed over existing markings. On widening and
reconstruction projects (where the lane configuration is altered from the pre-construction layout)
pavement markings will be as required by the Plans or the Engineer. On new construction projects
pavement marking plans will be provided.
B. MA.TERL4l.S: All traffic striping applied under this Section shall be a minimum four inches in width
and shall conform to the requirements of Section 652, except as modified herein. Raised pavement
markers (RPMs) shall meet the requirements of Section 654. Markings on the flOal surface course
which must be removed shall be a removable type. The Contractor will be permitted to use paint,
thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise
directed by the Engineer, Partial (skip) reflectorization (i.e. retlectorizing only a portion of a stripe)
will not be allowed.
C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of
markings in the final lane configuration at the earliest possible stage.
Inappropriate or conflicting existing pavement markings shall be removed.
When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall
be removed prior to, during, or immediately after any change so as to present the least interference
with traffic.
Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the
project for immediate use. If marking removal equipment failures occur, the equipment shall be
repaired or replaced (including leasing 'equipment if necessary), so' that the removal can be
accomplished without delay.
Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course,
when approved by the Engineer, When an asphaltic concrete overlay is placed for the sole purpose
of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay
will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid
for only once and further'traffic shift.s in the same area shall be accomplished with removable
markings. Only the minimum asphaltic eoncrete thickness required to cover lines (generally 60 IbJsq.
yd. of Asphaltic Concrete IOH") will be allowed. Excessive build-up will not be permitted. When an
overlay for the sole purpose of eliminating conflicting markings is not allowed, the markings no longer
applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting
pavement markings by overpainting with paint or liquid asphalt is not acceptable.
D. Raised pavement markers (RPMs) are required as listed below for all asphaltic concrete pavements
before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or final
surface and is open to traffic, one calendar day is allowed for cleaning and drying before the
installation ofRPMs is required.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
1. On Interstat<! and limited access highways under construction, excluding projects consisting
Primarily of asphalt resurfacing items, retro-reflective raised pavement markers (RPMs) shall be
placed and/or maintained on intermediate pavement surfaces opened to traffic as follows:
a. SUPPLEMENTING LANE LINES:
80 foot centers on skip lines with curvature less than three degrees. (Includes tangents.)
40 foot centers on solid lines and all lines with curvature between three degrees and six
degrees.
20 foot centers on curves over six: degrees.
20 foot centers on lane transitions or shift.s.
b. SUPPLEMENTING RAMP GORE LINES:
20 foot centers, two each, placed side by side.
c. OTHER LINES:
As shown on the plans or directed by the Engineer.
2. On other highways under construction RPMs shall be used andlor maintained on intermediate
pavement surfaces as follows:
a. SUPPLEMENTING LANE LINES AND SOLID LINES:
40 foot centers except on lane shifts. (When required in the Plans or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
b. SUPPLEMENTING DOUBLE SOLID LINES:
40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans
or Contract.)
. 20 foot centers on lane shifts. (Required in all cases.)
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RPMs are !lQt allowed on right edge lines.
E. EXCEPTIONS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern
of markings are permitted as noted below, however, full pattern pavement markings are required for
the completed project.
1. TWO-LANE, TWO-WAY ROADWAYS
a. SKIP LINES: All interim skip (broken)stripe shall conform to Section 652 except that stripes
shall be at least four feet long with a maximum gap of 36 feet. On curves greater than six
degrees, a two-foot stripe with a maximum gap of 18 feet shall be used. In lane shift areas
skip lines will not be allowed. Solid Lines will be required. Interim skip lines will be
permitted for a period not to exceed 14 calendar days. Interim skip lines must be replaced
with markings in full compliance with Section 652 prior to expiration of the 14 calendar day
period.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Interim raised pavement markers may be substituted for the interim skip (broken) stripes.
If raised pavement markers are substituted for the four foot interim skip stripe, four markers
spaced at equal intervals over a four feet distance will be required. No separate payment will
be made if the interim raised pavement markers are substituted for interim skip lines.
Interim raised pavement markers shall be retro-reflective, shall be the same color as the
pavement markers for which tl~ey are substituted, and shall be visible dUring daytime.
The type of interim marker and method of attachment t:a the pavement must be approved by
the Office of Materials and Research but in no case will the markers be attached by the use
of nails.
The interim raised pavement markers must be maintained until the full pattern pavement
markings are applied, At the time full pattern pavement markings are applied the interim
raised markers shall be removed in a manner that will not interfere with application of the
full pattern pavement markings.
b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three
' calendar days where skip centerlines are in place, no-passing zones may be identified by
using post or portable mounted DO NOT PASS regulatory signs CR4-1 24" x 30") at the
beginning and at intervals not to exceed 1/2 mile within each no-passing zone. A post or
portable mounted PASS WITH C_-'\.RE regulatory sign (R4-1 24" x 30") shall be placed at the
end of each no-passing zone. Post mounted signs shall be placed in accordance with the
MUTCD, Portable signs must have a minimum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned.
c. EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that
are in use for a period ofless than 60 calendar days except at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 30 calendar days of the time that the final surface
was placed.
(2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that
are in use for a period of less than 30 calendar days except at bridge approaches, on lane
' transitions, lane shifts, and in such 'other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 14 calendar days of the time that the surface was
placed.
d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols,
words and other similar markings shall be placed on final surfaces conforming to Section 652
within 14 calendar days of completion of the final surface. On intermediate surfaces these
markings will generally not be required unless specified by the Engineer because of special
conditions or when the intermediate surface will be in use for more than 45 calendar days.
2. MULTI-LANE ffiGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET OR LESS
a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE)
(1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers
shall be restored before nightfall.
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DEP ARTM:ENT OF TRANSPORTATION
STATE OF GEORGIA
(2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.l.a. may be
used for periods not to exceed three calendar days.
(3) Edgelines - Edgelines shall be placed on intermediate and final surfaces within three
calendar days of obliteration.
b. DIVIDED HIGHWAYS CGR<\SS OR RAISED MEDIAN)
(1) Lanelines - Full pattern skip stripe shall be restored before nightfall.
(2) CentsrlineJEdgeline - Solid lines shall be placed on intermediate and final surfaces within
three calendar days of oblitsration.
c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER
THAN FOUR FEET
a. Same as Subsection 150,Q4.E.2. except as noted in (b) below.
b. EDGELINES-
(1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and final
surfaces prior to opening to traffic.
(2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to
traffic no later than one calendar day after work is completed on a section of roadway. All
water and residue shall be removed prior to daily striping.
F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall furnish layout, clean as
necessary, and preline the surface for the placement of pavement markings applied under this
Section. All existing marking tape on final surfaces shall be removed prior to placement of final
markings.
Pavement markings shall re-establish No-Passing Zones in the locations and configuration that
existed prior to construction. Existing No-Passing Zones shall be clearly identified as to location prior
to construction by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new
location projects and on projects where either horizontal or vertical alignments have been modified,
the location of No-Passing Zones will be identified by the Engineer. '
G. MOBILE OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are
applied in a continuous operation by moving vehicles and equipment, the follOwing minimum
equipment and warning devices shall be required in addition to the requirements of the MUTeD:
1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential
or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicle is not
required for low volume off-system routes and one-way traffic applications.
2. The work vehicle applying markings shall have a sequential or flashing arrow panel mounted on
the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel
shall be mounted so as to be easily visible to oncoming traffic. The work vehicle shall follow
directly behind the lead vehicle.
3. The work vehicle placing cones shall follow directly behind the work vehicle applying the
markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the
rear.
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STATE OF GEORGIA
4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection
vehicle shall also display a prominent sign with the legend PASS ON LEFT (RIGHT). On
interstate and limited access roadways, the protection vehicle shall be equipped with a truck
mounted attenuator (TMA) that is certified for impacts not less than 45 mph in accordance with
NCHRP 230. )
5. All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right-
side rear mounted flashing yellow lights.
150.05 CHANNELIZATION
A. GENERAL: Channelization should clearly delineate the travel way through the work zone and alert
drivers and pedestrians to conditions created by work activities in or near the travelway.
Channelization shall be done in accordance with the plans and specifications, the MUTCD, and the
follOwing requirements.
1. Types of Devices Permitted for Channelization in Construction Work Zones:
a. DRUMS:
(1) DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be
reflectorized as required in Subsection lS0.0l.C.
(2) APPLICATION: Drums shall be used as the required channeliZing device to delineate the
full length of a lane closure, shift, or encroachment, except as modified by this Subsection.
(a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all
transition tapers. The minimum length of the approach transition taper for a lane closure,
shift, or encroachment for highways with posted speed of 45 mph or greater shall be equal
to the lane width of lateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not
less than 150 feet. For multiple lane closures, only one lane may be closed per taper with
a minimum tangent length of 21 between tapers. The length of a closed lane, excluding
the transition taper, will be limited to two mile, unless otherwise approved or directed by
the Engineer. Drums shall be placed the full length of the taper spaced at maximum
intervals in feet equal to the numerical speed limit (EXAMPLE: 55 Mph Speed Limit =
55 feet maximum spacing).
For taper lengths on UIban, residential or other streets where the posted speed ,is 40 mph
or less, the minimum length of the approach transition taper may be computed using the
formula L = WS2/60, Greater taper length shall be used when required for individual
situations.
Drums with steady burning lights, for the length of the taper only, are required if the
condition exists into the night.
(b) LONGITUDINAL CHAL'mELIZATION: Drums shall be spaced as listed below for
various roadside work conditions except as modified by Subsection 150,06. Spacing shall
be used for situations meeting any of the conditions listed as follows:
(1) 50 FOOT SPACING MAXIMUM:
(a) For difference in elevation exceeding two inches.
(b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail
150-E..
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) 100 FOOT SPACING MAXIMUM:
(a) For difference in elevation of two inches or less.
(b) F1ush areas where equipment or workers are within ten feet of the travel lane.
(3) 200 FOOT SPACING MAXIMUM: vyhere equipment or workers are more than
ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane.
(a) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane.
(b) For disturbed shoulder areas not completed to typical section that are flush
to the travel lane and considered a usable shoulder.
When the appropriate signs are posted advising of conditions such as soft: or low
shoulder, drums may be removed after shoulders are completed to typical section
and grassed and a..fUr guardrail or other safety devices have been installed.
b. VERTICAL PAJ.'iELS:
(1) DESIGN: All vertical panels shall have a minimum of270 square inches ofretro-reflective
area facing the traffic and shall meet the requirements of the MUTCD.
(2) APPLICATION: Lane encroachment by the drum on the travelway should permit a
remaining lane width of ten feet. When encroachment reduces the tTavelway to less than ten
feet, vertical panels shall be used to restore the travel way to ten feet or greater. No other
application of vertical panels win be permitted.
c. CONES:
(1) DESIGN: AIl cones shall be a minimum of 28 inches in height regardless of application and
shan meet the requirement of the MUTCD.
(2) .'-li'PUCATION: For longitudinal channelizing only, cones will be permitted for daylight
closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime
work will not be permitted.
d." BARRICADES:
(1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III
barricades shall meet t:he minimum requirements of the MUTeD and shall be reflectorized
as required in Subsection 150,Ol.C.
(2) APPLICATION: Type III barricades shall be placed as required by the plans, the
Standards, and as directed by the Engineer.
e. WARNING LIGHTS:
(1) DESIGN: All warning lights shall meet the requirements of the MUTCD.
(2) APPLICATION:
(a) Type A low-intensity flashing lights shall be used as shown in the Plans, the
Standards, and as directed by the Engineer. Flashing lights are not required for advance
warning signs in Subsection lSO.03.H.' '
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DEP ARThfENT OF TRANSPORTATION
STATE OF GEORGIA
(b) Type C Steady-Burn lights shall be used on all tapers when the condition existl into
tb.e night. Steady-burn lights shall also be used as shown in the Plans, the Standards, and
as directed by the Engineer. .
f. PORTABLE BARRIERS:
(1) DESIGN: Portable Barriers shall meet the requirements of Section 622 _ PRECAST
CONCRETE BARRIER.
(2) APPLICATION: Portable Barriers shall be placed as required by the plans. standards, and
as directed by the Engineer, men Portable Barrier is located 20 feet or less from a travel
lane, yeIJow reflectors shall be fixed ta the tap of the barrier at intervals not greater than 50.
feet and shall be mounted approximately two inches above the barrier. The reflectors shall
be eitb.er 10" x 10" square Type V (or equal) reflective sheeting mounted on flat.sheet panels,
or 8" diameter center.mounted sealed prismatic reflex reflectors housed in an aluminum
backing with a single grommeted hole.
Approach end of Portable Barrier shall be flared or protected by an impact attenuatar (crash
CUShion) or other approved treatment in accordance with Georgia Standard 4960,
Construction Details and Standard Specifications.
On interstate or other controlled access highways where lane shift.s or crossovers cause
opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as
a separator.
B. TEMPORARY SAND LOADED ATTENUATOR MODULES
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance, relocation, reuse
as required, and removal of Temporary Sand Loaded Attenuatar M~dules for traffic impact
attenuatars.
2. M.A..TERL<\.LS: Materials used in tb.e Attenuatar shall meet the requirements of Subsection 648.02
for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules _
Stabilizer Drums with Wine Glass shaped Inner Containers.
3. CONSTRUCTION: Temporary Sand Loaded Attenuator Module installation shall conform to the
requirements of Subsection 648,03, Manufacturer's recommendations, and Georgia Standard
4960 and shall be installed at Iocati?ns designated by the Engineer.
C. PORTABLE IMPACT ATTENUATORS:
1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation,
maintenance, relocation, reuse as required, and removal of Portable Impact Attenuatars.
2. MATERIALS: Materials used tn the Attenuatar shall meet the requirements of Section 650 for
Type A Portable Impact Attenuators.
3. CONSTRUCTION: Portable Impact Attenuator installation shall conform to the requirements of
Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be
installed at locations designated by the Engineer, and/or shown on the plans.
D. TEMPORARY GUARDRAIL ANCHORAGE _ Type 11:
1. DESCRIPTION: This work consists of the furnishing, installation. maintenance and removal of
Temporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail end
treatment.
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u.c.rAKTMb.NT OF TRANSPORTATION
STATE OF GEORGIA
2. M..4.TERIALS: Materials used in the Temporary Guardrail Anchorage _ Type 11 shall meet the
requirements of Subsection 641.02 of the Standard Specifications and current Georgia Standards
and may be new or used. Materials salvaged from the Project which meet the requirements of
Standards may be utilized if available. The use of any salvaged materials will require prior
approval of the Engineer.
3. CONSTRUCTION: Installation of the Temporary Guardrail Anchorage _ Type 11 shaH conform
to the requirements of the Plans, current Georgia Standards and Subsection 641,03 of the
Standard Specifications, Installation shalI also include sufficient additional guardrail and
appurU!nances to effect the transition and connection to Temporary Concrete Barrier as required
by the details in Georgia Standard 4960.
150.06 EXCAVATION ADJACENT TO A TRAVEL lANE: Construction work involving trenching acijacent'
ta a travelway shall not begin until the Contractor is able to continuously place the required typical
section ta within two inches of the existing pavement elevation, or heal the remaining difference in
elevation to the traveled way as shown in Detail 150-E.
Channelization devices and placement during the construction period shall conform to the requirements
of Subsection 150.05 and Details l50-B, l50-C, lO0-D, and l50-E shown herein.
In addition to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT)
(RIGHT) Uu'ffi NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream
of the point where channelization devices are erected on the paving edge.
A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-{)ffs in elevation of more than
two inches between surfaces canying, or acijacent to, traffic will not be allowed for more than 24
hours. However, where the Contractor has demonstrated the ability to continuously excavate and
backfill in a proficient manner, a single length of excavated area not to exceed 1000 feet may be left
open as a start up area for periods not to exceed 48 hours.
B. ASPHALT BASES/BINDERS: Drop-offs in elevation of more than two inches between surfaces
carrying or acijacent to traffic will not be allowed for more than 48 hours.
C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work
adjacent to the traveled way which involves these types of bases shall be healed within 48 hours wr
the curing period is complete for each section placed. During the placement period, traffic control
devices will be in accordance with Subsection 150,05 and Detail 150-B,
D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRA VELWAY: Work such as
drainage structures, utility facilities, or any other work which results in a drop-off acijacent to the
travelway shall be performed expeditiously so as to minimize the exposure to the hazard. As soon as
practica1,the excavation shall be backfilled ta the minimum requirements of De t:ail 150-E. Tn no case
will the drop-{)ffbe allowed to exist more than five calendar days. This may require stage construction,
such as plating and backfilling the incomplete work.
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LJ.cPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
NOTE. Drums reQUIred for thCs
JoCot10n,sPoced at 50 FT. Intervol.s.
If 'the 'traveled way wrd'th
fs reduced to less than
10 feet by 'the use of drums.
vertIcal panels sholl be used
In Ifeu of druma.
Locotfon of drums when
drop-off exceeds 4 Inches.
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. t NEW CONSTRUCTION ~(
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TRAVEL LANE
DROP-OFF CREA TER THAN 4 INCHES
DETAIL 150-8
Drums spaced at
50 feet fntervols.
LocatIon of drums when
drop-oft Is 2+ Inches to
4 Inches.
_r=-.::~______\
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NEW CONSTRUCTION
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TRAVEL LANE
DROP-OFF OF 2 + INCHES TO 4 INCHES
DET AIL /SO-C
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'u.c..t'AKTMENT OF TRANSPORTATION
. STATE OF GEORGIA
Drums SPaced 01'
100 feet Intervals.
LocatIon of drUTl5 when
drop-off fs 2 fnches Or less.
~f~-=~____~_\
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NEW CONSTRUCTION
+
TRAVEL LANE
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DROP-OFF OF 2 INCHES OR LESS
DETAIL 150-D
Locotlon of dt"'ums Immedfotely
after completIon of healed sectIon.
spaced at 50 ft. Intet"'vOls.
Compocted graded
oQQt"'eOo1'e,subbose
moterlolor dirt.
TOP OF DRUM TO BE LEVEL
2 ft.+/-
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NO STEEPER THAN 4:1
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NEW CONSTRUCTION
TRAVEL LANE
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HEALED SECTION
DET AIL 150-E
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4-'J.;,I J"U\.1.M..t..N 1" UP TRANSPORTATION
STATE OF GEORGIA
150.07 FLAGGING AND PILOT CARS:
A. Flaggers shall be provided as required to handle traffic, as specified in the Plansor Special Pro_ons,
and as required by the Engineer.
B. All flaggers shall meet the requirements of the MUTCD and must have received training and a
certificate upon completion of the training from a Department approved training program. Failure
to provMe certified flaggers as required above shall be reason for the Engineer Suspending work
involving the flagger(s) until the Contractor provides the certified flagger(s).
C. RIggers shall wear high.visibility clothing in compliance with the MUTeD and shall use a StoplSlow
paddle meeting the requirements of the MUTCD for controlling traffic. The Stop/Slow paddles shall
have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow paddle, a tIagger may use"
a 24 inches square red/orange tIag as an additional device to attract attention. For night work, the
vest shall have retIectorized stripes on front and back.
D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements
of the MUTCD.
E. Signs for flagger traffic mntrol shall be placed in advance 0 f the fl agging operation in accordance with
the :MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of
the presence of the flagger shall be placed beyond the point where traffic can reasonably be expected.
to stop under the most severe conditions for that day's work..
150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporary
traffic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all
other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section
150 (TRAmc CONTROL) will result in non-refundable deductions of monies from the Contract as shown
in this Subsection for non-performance of Work.
Fall ure of the Con "acto r to comply with this Sp eciflcation shall be reason for the Engineer susp ending
all other work on the Project, except erosion control and traffic control, taking corrective action as
specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work
on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to
the deductions for non-performance of traffic control.
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-- - -'..................,.L vr ll<...A,N=:)PORTATION
STATE OF GEORGIA
I SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCrE;S OF
TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE
ORIGINAL TOTAL CONTRACT AMOUNT
From More Than To and Includine- Daily Charge
$0 $100.000 $100
100,000 1.000,000 250
1.000.000 5.000,000 500
5.000,000 20,000,000 750
20,000,000 40,000,000 1,000
40,000,000 - 1,500
150.09 MEASUREMENT:
A. TRAFFIc CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump
Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows:
When the first Construction Report is submitted, a payment of25 (twenty-five) percent of the
Lump Sum price will be made. For each progress payment thereatt.r, the total of the Project
percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid (less
previous payments), not ~ exceed one hundred (100) percent and subject to normal retainage.
When no payment item for Traffic Control.Lump Sum is shown in the Proposal, all of the
requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of
complying with these requirements will not be paid for separately, but shall be included in the overall
bid submittal.
B. SIGNS: When shown as a pay item in the contract, interim special guide signs will be paid for as
listed below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid
for under Traffic Control Lump Sum or included in the overall bid submitted.
1. Interim ground mounted or interim overhead special guide ,;gns will be measured for payment
by the square foot This payment shall be full compensation for furnishing the signs, including
suPPOrts as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting,
and final removal from the Project. Payment will be made only one time regardless of the number
of moves required.
2. Remove and reset e:Osting special guide signs, ground mount or overhead, complete, in place, will
be measured for payment per each. Payment will be made only one time regardless of the number
of moves required.
3. Modify special guide ,;gns, ground mount or overhead, will be measured for payment by the
square foot. The area measured shall include only that portion of the sign modified. Payment shall
include materials, removal from posts or supports when necessary, and remounting as requireci
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.lJ.cl"ARTMENT OF TRANSPORTATION
STATE OF GEORGIA
C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured
as specified in Section 632.
E. TEMPORARY GUARDR."-IL ANCHORAGE, Type 11: Temporary Guardrail Anchorage _ Type 11 will
be measured by each assembly, complete in place and accepted according to the details shown in the
plans, which shall also include the additional guardrail and appurtenances necessary for transition
and connection to Temporary Concrete Barrier. Payment shall include all necessary materials,
equipment, labor, site preparation, maintenance and removal.
F. TR.A.mC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation _ Temporary will be
measured as specified in Section 647.
G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in
Section 647.
H. TEMPORARY, SAND LOADED AlTENUATOR MODULES: Each Sand Loaded Attenuator Module
of the type specified includes all material components, hardware, incidentals, labor, site preparation
and maintenance. Each module will be measured for payment by the drum only once regardless of the
number oflocations installed. Modules to replace those damaged or destroyed by traffic unpact will
also be measured by the unit for payment. Upon completion of the project, the modules shall be
removed and retained by the Contractor.
r. PORTABLE IMPACT ATTENUATORS: Each Portable Impact Attenuator will be measured by the
unit which shall include all material components, hardware, incidentals, labor, site preparation, and
maintenance, including spare parts recommended by the manufacture for repairing minor accident
damage. Each unit will be measured only once regardless of the number oflocations installed, moves
required, or number of repairs necessary because of traffic damage. Upon completion of the project,
the units shall be removed and retained by the Contractor.
J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150.
150.10 PAYMENT:
When shown in the Schedule of Items in the Proposal, the following items will be paid for separately.
Item No. 150. Traffic Control. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sum
.
Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thermoplastic Inch, (Color) . . . . . . . . . .. . . . . . . . . . . . . . . . . per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe,
Thermoplastic Inch, (Color) ........................... per Linear Mile
Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors.. . .. . . . . . .... ... per Each
Item No. 150. Traffic Control, Raised Pavement Markers - All Types. . . . . . . . . . . . . . . . . .. per Each
Item No. 150. Interim Ground Mounted Special Guide Signs. . . . . . . . . . . . . . . . . . .. per Square Foot
Item No. 150. Interim Overhead Special Guide Signs .......................... per Square Foot
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Item No. 150.
I Itam No. 150.
I Itam No. 150.
I Item No. 150.
Item No. 150.
I Itam No. 150.
I Itam No. 150.
Item No. 150.
I Item No. 622.
Item No. 632.
I Item No. 641
I Item No. 647.
Item No. 647.
I. Item No. 647:
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--...... ..-~UyJ..CJ.~ J. U14 T.K.ANSPORTATION
STATE OF GEORGIA
Remove & Reset Existing Special Guide Signs,
Ground Mount, Complete in Place. . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . .. per Each
Remove & Reset, Existing Special Guide Signs,
Overhead,Complete in Place ..................................... Per Each
Traffic Control, Temporary Sand Loaded Attenuatar Modules ............ per Each
Traffic Control, Portable Impact Attenuatar . . . . . . . . . . . . . . . . . . . . . . . . . . .. Per Each
Traffic Control, Pavement Markers, Words and Symbols... . . . . . ... per Square Foot
Traffic Control, Pavement Arrow (Painted) With Raised Reflectors ........ per Each _
Modify Special Guide Sign, Ground Mount. . . . . . . . . . . . . . . . . . .. . .. per Square Foot
Modify Special Guide Sign, Overhead ... . . . . . . . . . . . . . . . . . . . . . . .. per Square Foot
Precast Concrete Median Barrier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per Linear Foot
Changeable Message Sign, Portable .................................. per Each
Temporary Guardrail Anchorage, Type 11 ............................. per Each
Traffic Signal Installation, Temp ...... . . . .. . . . . . . . . . . . . . . . . . . . . . . . . ~ Lump Sum
Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . .. per Each
Flashing Beacon Assembly, Cable Supported. . ~ . . . . . . . . . . . . . . . . . . . . . . .. per Each
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