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Home My WebLink AboutAdujusting Roadway Structures Augusta Richmond GA DOCUMENT NAME: A1j"USt~. ~d\~(Lj S-t-ruc:J-wes DOCUMENT TYPE: to Y1 bet- YEAR: I qOf q BOX NUMBER: OJ FILE NUMBER: ,if &2- L NUMBER OF PAGES: <g- 9 . - """" . . . . . "<~!!I' '. ADJUSTING ROADWAY STRUCTURES PHASE V - - - - - -- - -- -- .. >;npROJECT NO. 327-04-296-8'I~~ ,~. .Ii! - iiii - ~ '~ - - = -- ... -'-, e - --- - - ~ s ~ .a ~ 2 ~~ ~~ ~r- ~ ~ ~ ~ "" ...-g... I Q . ~~ INVITATION TO BID- ~-~ ,,'t.. Sealed Bids for the adjusting of manholes and water valves to grade hereinafter referred to by project name as: BID ITEM #99-123 Adjusting Roadway Structures, Phase V for Augusta-Richmond Public Works Department Project Number: 327-04-296812081 will be received at this office until 11:00 a.m., Wednesday, October 27,1999 Bids will be received by: The Augusta-Richmond Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams The Augusta-Richmond Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 Copies of the Contract Documents may be examined during regular business hours at the offices of Public Works offices, 1815 Marvin Griffin Road, Augusta, Georgia 30906. Copies may be obtained at the offices of the Purchasing Department upon payment of $10.00 (NON-REFUNDABLE) for each set. A 10% bid bond is required to be'submitted in a separate-envelope'so marked-along with-the bidder's qualifications; a 100% performance bond and a 100% payment bond will be required for award. The Owners reserves the right to reject any or all bids and to waive technicalities and informalities. Please mark Bid Item Number on the outside of the envelope. Bidders are cautioned that sequestration of bidding documents through any source other than the office of the Purchasing Department is not advisable. Acquisition of bidding documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his proposal. It is the wish of the Owner that minority businesses are given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. GERI A. SAMS, Purchasing Director . Publish: Augusta Chronicle Metro Courier October 1, 6, 11, 19, 1999 October 6, 1999 cc: Jack Murphy, Augusta-Richmond~Public Works Department Brenda Pelaez, Augusta-Richmond Equal Opportunity --'- "\' THE AMERICAN INSTITUTE OF ARCHITECTS I AL4 Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural ~where applicable. CONTRACTOR (Name and Address): Mabus Construction Company, Inc. 916 Molly Pond Road Augusta, Georgia 30901 SURETY (Name and Principal Place of Business): Markel Insurance Company Shand Morahan Plaza Evanston, Illinois 60201 OWNER (Name and Address): Augusta-Richmond County Commission-Council 530 Greene Street, Room 605 Augusta, Georgia 30911 CONSTRUCTION CONTRACT Date: AmountNinety-Eight Thousand, Five Hundred Eighty and No/100 Dollars ($98,580.00) Description (Name and Location): Adjusting Roadway Structures, Phase V, Augusta, Georgia Project No. 327-04-296812081 BOND Date (Not earlier than Construction Contract Date): Amount: Ninety-Eight Thousand, Five Hundred Modifications to this Bond: Eighty and No/lOO' Dollars [] None ($98,580.00) . 0 See Page 3 CONTRACTOR AS PRINCIPAL Company: Mabus. Con SURETY Company: Markel Insur ~, ~ "'-~ (~orporate Seal),~ :'.~ ~~ ~ . --'~"- ~ ..;J .1 /1 ~ !~',~)';: '. =' ~~ ~,~:."i">.$ Ide: Laura W. Dennison . -" , "'.: ,~~ ." . .....~ ~hl~~l~af-:D.. :_':::. '. '. ....'~ " VU~l.ic:nv \:;iTI_ . ,c 1'_ ~. . BY: (FOR INFORMATION ONLY-Name, Address and Telephone) RE'-' ~cf"j j A'"" _NT AGENT or BROKER: . OWNER'S REPRESENTATIVE (Architect, Engineer or Cameron M. Harris of Columbia, Inc. other party): . 803/252-4542 "This document has been reproduced electronically with the permission of The American Institute of Architects under license number 97020-1010 to Markel Insurance Company, which expires March 30, 1999. Reproduction of this document after that date or without project specific information is not permitted. " AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. . AIA<il) TIffiAMERlCAN INsm OF ARCHITECTS. 1735. NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 nnRD PIUNTING . MARCH 1987 - . 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the perfonnance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor perfonns the Construction Contract, the Surety. and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of perfonning the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perfonn the' Construction Contract, but such an aareement shall not waive the Owner's right, if '" any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and fonnally tenninated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance .of the Contract Price to the Surety in accordance With the tenns of the Construction Contract or to a contractor selected to perfonn the Construction <;ontract. in acc~:~ dance with the tenns of the contract WIth the Owner. Jlll 4 When the Owner has satisfied the conditions of Para- araph 3, the Surety shall promptly and atthe Surety's ex- pense take one of the following actions: . 4.1 Arrange for the Contractor, with consent of t,he Owner, to perfonn and complete the ConstructIon Contract; or 4.2 Undertake to perfonn and complete the Cons?"Uc- tion Contract itself, through its agents or through mde- pendent contractors; or 4.3 Obtain -bids or negotiated proposals from qualified contractors acceptable to the Owner for a ,contract for perfonnance and completion of the Con- ....structiop.-Contract;>'arrange for a contract to be pre- =- pa~d fo( exec.ution: ~y the Owner and the contractor ~ selected~with the 0wner's concurrence, to be secured ~ -:witl1 ,perfOfmance.Yand payment bonds executed by a \. qualified surety equivalent to the bonds issued on the "Construction ~.Gontract, and pay to the Owne,r the amount of aamages as described in Paragraph 6 m ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perfonn and complete,arran~e for completion, or obtain a new. contractor and WIth reasonable promptness under the cIrcumstances: .1 After investigation, detennine the amount for i which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perfonn its obligations under'this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has tenninated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The resDonsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract;d 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed perfonnance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to ~e Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue .on ~is 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~ chan,g~; . including changes of time, to the.Construction,Contiact Qr to related subcontracts, purchase orders' and other obl~g'a- tions; ; " 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is locat- ed and shall be instituted within two years after Contractor Default or within two years after the Contractor ceas~d working or within two years after the Surety refuses or faIls to perfonn its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AlA DOCUMENT A312. PERFORMANCEBONDANDPAYMENTBOND- DECEMBER 1984 ED. . AIA@ TIlE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE~ N.W.. WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 2 '\ able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been inade, including allowance to the Con- tractors MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes.thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is erovided ~elow for additional sig:t;latures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (C.orporate Seal) Signature: Name and Title: Address: AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENrBOND . DECEMBER 1984 ED. . AIA@ THE AMERICAN INS1TI1.Tm OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. .. MARCH 1987 I i A312-1984 3 " ~ THE AMERICAN INSTITUTE OF ARCHITECTS . AlA DocumentA312 Payme-nt Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Mabus 'Construction Company, Inc. 916 Molly Pond Road Augusta, Georgia 30901 SURETY (Name and Principal Place of Business): Markel Insurance Company Shand Morahan Plaza Evanston, Illinois 60201 . , OWNER (Name and Address): Augusta-Richmond County Commission-Council 530 Greene Street, Room 605 Augusta, Georgia 30911 CONSTRUCTION CONTRACT Date: i Amount: Ninety-Eight Thousand, Five Hundred Eighty and No/lOa Dollars ($98,580.00) Description (Name and Location): Adjusting Roadway Structures, Phase V, Augusta, Georgia Project No. 327~04-296812081 BOND Date (Not earlier than Construction Contract Date): Amount: Ninety-Eight Thousand, Five Hundred Eighty and NollOO Dollars Modifications to this Bond: G None ($98,580.00) . 0 See Page 6 CONTRACTOR AS PRINCIPAL Company: ' Mabus.Const (Corporate Seal) I c. SURETY Company: Markel Ins r (Corporate Seal) Signature: Name and ~ ,~~ Signatur -~ Name an ____ ' , <1 f'"\ ~ /V\a.bu...s PY"e.s I den't-- . (Any additional signatures appear on page 6) ~' Laura W. Denn~son~,,/",. -.r. .~ Attorney-in-Fact ;:.,. :;:. C UNTERSIGNED" : /.: '., - . - .. (FOR INFORMATION ONLY AGENT or BROKER: Cameron M. Harris of Columbia, Inc. P. O. Box 386 Columbia, SC 29202 803/252-4542 Name, Address and Telephone) OWNER'S REPRE other party):. - ;:::!\j i AG N 1 ATi\iE (Architect, Engineer or ~~ ;.- ~ <~ ............ ,'0. AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. . AIA@ THE AMERICAN INSTITUTE OF ARCHITEcrS. 1735 NEW YORK AVE., N.W.. WASHINGTON. D.C. 20006 THIRD PRINI1NG. MARCH 1987 A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay fot: labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds hannless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the perfonnance of the Construction Contract, provided the 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. 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 thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice tliereof, to the Owner, within 90 days after having last perfonned labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or perfonned; and .2 Have either received a rejection in whole or in part from the Contractor, or not received ,-,,:ithin 30 days of furnishing the above no- . ,tice any communiCation from the Contractor '. . by which .the Contractor has indicated the ~. cB.-un witl b~ . paid directly or indirectly; and . .3. N-o( having 1ieen paid within th~ above 30 . . / dayCh~Ye s~~t: a ~tten. notice to the Surety , ~(at the addre'ss descnbed m Paragraph 12) and sent a cppy, or notice thereof, to the Owne~, ~'. stating. that a claim is being made under .thlS Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. f 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Perfonnance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the perfonnance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not. be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, . or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was perfonned by anyone or the last mate- rials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to. sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or .the Conl:!'a~tor~o shall be mailed or delivered to the addre'ss shown on' the;' . signature p'age. Actual receipt of .notice by. Sure.ty~ the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be perfonned, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions con- fonning to such statutory or'other legal requirement shall be deemed incorporated herein. The intent is that this wwww AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECBffiER 1984ED. . AlA@ TIiE AMERICAN lNSTITIJTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 5 ... Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without lim- itation in the terms "labor, materials or equipment" that part of water, . gas, power, light, heat, oil, gasoline, telephone service or rental equipr;nent used in the MODIFICATIONS TO TillS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials. or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sio- nature page,. including all Contract Documents ~d changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is pro~i~ed below {or additional signatures of added parties,other than those appearing on the cov~r page.) CONTRACTOR AS PRINCIPAL Company: . (Corpo,rate Seal) Signature: Name and Title: Address: - , SURETY . Company: (C::orporate'Seal) Signature: Name and Title: Address: AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. .' AlA <ii) mE AMERICAN INSTITUTE OF ARCHlTEcrs. 1735 NEW YORK AVE~ N,W,. WASHINGTON. D,C. 20006 nnRD PRINTING . MARCH 1987 A312-1984 6 - . ., ... INSTRUCTION SHEET AM DOCUMENT A312a FOR AIA DOCUMENT A312, PERFORM:ANCE BOND AND PAYMENT BOND A. GENERAL INFORMATION 1. Purpose. AlA Document A312 is a new document which combines two separate bonds into one form. This is not a single combined Performance and Payment Bond. It is customary to issue these two bonds 'simultaneously and pay one premium for both. The separate procurement of one bond without the other will normally not reduce the premium. The Performance Bond is an assurance by the Contractor and the Contractor's Surety that the work will be performed and com- pleted in accordance with the terms of the Construction Contract. The Payment Bond is an assurance by the Contractor and the Contractor's Surety that labor and materials bills incurred in connection ,with the Construction Contract will be paid. This assurance is limited by the amount of each bond. Normally, these bond forms are prepared for execution by the Surety or the Surety's agent. 2. Related Documents The 1970 edition of the Performance Bond and Labor and Material Payment Bond, AIA Document A311, will continue to be published because it complies with the federal Miller Act and various state laws, frequently called Little Miller Acts. These bonds are a required substitute under the Miller Act for mechanics lien laws which do not apply to governmental works. Caution should be exercised to assure compliance with current laws and regulations. A201, General Conditions of the Contract for Construction A201/CM, General Conditions of the Contract for Construction, Construction Management Edition A20l/SC, General and Federal Supplementary Conditions of the Contract for Construction A271, General Conditions of the Contract for Furnirure, Furnishings and Equipment A501, Recommended Guide for Competitive Bidding Procedures and Contract Awards for Building Construction A511, Guide foe Supplementary Conditions A511/CM, Guide for Supplementary Conditions, Construction Management Edition A571, Guide for Interiors, Supplementary Conditions A 70 l, Instructions to Bidders A 771, Instructions to Interior Bidders For further reference, see Construction Bonds and Insurance Guide, 2nd Edition, by Bernard B. Rothschild, FAIA; published by the AlA. 3. Use of Non-AlA Fonns Unlike most AlA documents, the A312 and A311 Documents are not especially interlinked by reference to the other AIA documents. They are general forms which maybe used with any appropriate non-AlA document. 4. Use of Current Documents Prior to using any AIA document, the user should consult the AlA or an AlA component chapter to determine the current edition of each document. 5. Credits . AlA Document A312 was prepared, as a service to the construction and surety industries through the joint efforts of The Surety Association of America, The Engineers Joint Contract Documents Committee, The Associated General Contractors of America and The American Institute of Architects. B. COMPLETING THE A312 FORM 1. Modifications Users are encouraged to consult with their professional advisor' (attorney or bond specialist) with respect to completing or modi- fying the 'form. Legal counsel should also be sought concerning the effect of federal, state and local laws on the terms of this Document. Generally, modifications to the Performance Bond and Payment Bond may be made by filling inthe~box on the title page of each bond and stating any deletion or addition on the last page of each bond or on an additional page. AlA DOCUMENT A312a . INSTRUCTION SHEET FOR PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 EDmON AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 20006 THIRD PRINTING . MARCH 1987 A312a-1994 1 " . ,. POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS: That Markel Insurance Company ("Corporation"), a corporation organized and existing under the laws of the State of Illinois, with its main office at Shand Morahan Plaza in the City of Evanston, Illinois, and the administrative office at Richmond, Virginia, does hereby nominate, constitute and appoint, forthe purpose stated herein, Cameron M. Harris of Columbia, Inc., Columbia, South Carolina, acting through its staff, C. Criss Williams, Jr. or Laura W. Dennison, its true and lawful attorney(s)-in-fact, with full power and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and States where the Corporation is qualified to act as an admitted insurer, all bonds, recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the ,payment, bid, perfonnance, license, pennit and miscellaneous bond program developed by the Corporation with a limit of liability not to exceed $5,000,000 per writing; and the execution of such bonds in pursuance of these presents shall be as binding upon said Markel Insurance Company to all intents. and purposes as if duly executed by its Chairman, Vice Chainnan, President and Chief Operating Officer, Executive Vice Presipent, any Vice President, sealed with its corporate seal, and attested by its Secretary or Assistant Secretary. ' '. ' This Power of Attorney and Certificate of Authority shall only be valid if evidencing original or facsimile signatures and only if the raised seal of the Corporation is affixed hereto. This Power of Attorney and Certificate of Authority is made and executed by authority of a resolution adopted by the Board of Directors, of which the following is a true and exact copy. "RESOLVED: That, pursuant to Section 8.6 of the Corporation's Bylaws, the Chainnan, Vice Chairman, President and Chief Operating Officer, Executive Vice President, any Vice President, and Secretary, and any Assistant Secretary are hereby authorized and empowered as the Corporation's attorney-in-fact, to make and execute on behalf of the Corporation, in Illinois and States where the Corporation is qualified to act as an admitted insurer, bonds, recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the' payment, bid, perfonnance, license, pennit and miscellaneous bond program developed by the Corporation and are further authorized and empowered to select and appoint individuals as its attorney-in-fact, with full power and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and States where the Corporation is qualified as an admitted insurer, all bonds, recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the payment, bid, perfonnance, license, pennit and miscellaneous bond program developed by the Corporation; provided further, that the liability of , the Corporation on any such writing executed under this authority shall not exceed $5,000,000; also to execute such instruments as may be necessary or proper, in connection with the settlement of claims or the recovery of reinsurance or salvage. IN WITNESS WHEREOF, Markel Insurance Company has caused these presents to be signed by its duly authorized officer and the Corporate Seal to be hereunto affixed this 28th.. day of October 1999 .. MARKEL INSURANCE COMPANY By ~ IJ.;, ~ Garry W. Black, Vice President COUNTY OF HENRICO ) COMMONWEAL TH OF VIRGINIA) The foregoing instrument was acknowledged before me this ~ day of October Garry W. Black. Vice President. Markel Insurance Company . 1999 by ~jil~~J , ~d~flu~ c, t'1r Cynthia C. Vayo, Notary Public My Commission Expires: June 30, 2000. CERTIFICATE I, the undersigned, Assistant Secretary of MARKEL INSURANCE COMPANY, a.stock corporation of the State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force' and has not been rey.~k~g;-al)d,f~rthennore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Autho~ity~a"re:noWcin force. . , ~.... /'-----'..~ ~':; *,,,v r' ~"""'-:-,_ ./, Signed and Se~!~<[.~tih6iHom'e~ffi2e of the Company, in the City of Evanston, State of Illinois, Dated this ::: -- ;; ~,,>>-' -~'''' .. ",.1;-..,>-:..;. ;:<';...,.. lI~f -;:;~:.r "I, ~/-':~~. '~, ~ ~. J ."~~~ ~.-:' <.... % ..,.~..~:~: f~' ~. .....~ .,....J... ... ~ ,~,~' r,l\s.. /~ . i'\"'l.~ r.rr,~~"",",'" day of ~~~ \d. ~ By: Myra I. Hey, Assistant Secretary Client#: 14540 MABUC01 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY) 011200 " ,.' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cameron M. Harris Columbia ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 140 Stoneridge Drive (29210) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 386 I Columbia, SC 29202 INSURERS AFFORDING COVERAGE ._-~-------- I INSURER A: Travelers Indemnity of Amer INSURED Mabus Construction Co., Inc. INSURER B: The Trav. Ind.Co. of II. 916 Molly Pond Road. INSURERC: Charter Oak Fire Insurance Co Augusta, GA 30901 I INSURER 0: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~f~ , TYPE OF INSURANCE I POLICY NUMBER I Pgk!fEY(~'J,5g~~~ !P~~fJ l~\X~I~~~I~N I LIMITS A ~ERALLIABILITY iDTC0982K1031TIA99 103/01/99103/01/00 I EACH OCCURRENCE Is1,OOO,~ ! X . COM M ERCIAL GENERAL LIABILITY I I 1 I FIRE DAMAGE (Anyone lire) I S 30 0 , 0 0 0 ~ CLAIMS MADE [1U OCCUR i I i MED EXP (Anyone person) I S 5 J 0 0 0 i---, I I I PERSONAL & ADV INJURY I sl, 000 , 000 , I I GENERAL AGGREGATE I s2 , 000 , 000 ! GEN'L AGGREGATE LIMIT APPLIES PER: I I I[ II PRODUCTS . COM PlOP AGG Ii s2 , 000 , 000 r--' POLICY n j~T [Xl LOC B 1 AUTOMOBILE LIABILITY IDT810982K0998TIL99 103/01/99 03/01/00 COMBINED SINGLE LIMIT I 0 ! X ' ANY AUTO i ' I (Ea accident) i S I, 0 0 0 , 0 0 ~ ALL OWNED AUTOS I I, BODILY INJURY I s ~_ SCHEDULED AUTOS I (Per person) I ! X : HIRED AUTOS I I BODILY INJURY I X I . (Per aCCi,dent) S I~ NON.OWNED AUTOS I I !I . II I PROPERTY DAMAGE I' S (Per accident) AUTO ONLY. EA ACC/DENT I S EA ACC I S AGG Is Is1,OOO,OOO IS1, 000 ,000 Is Is Is X !T";;~$ItJI~S I IOJ~'1 E.L. EACH ACCIDENT i s 1 0 0 , 0 0 0 E.L. DISEASE. EA EMPL OYEEI S 1 0 0 , 0 0 0 E.L. DISEASE. POLICY LIMIT I s5 0 0 , 000 ; GARAGE LIABILITY i i I IDTSMCUP982K0998IND '03/01/99 ! 03/ 01/0C i I jUB982K094999 I I I ! OTHER THAN AUTO ONLY: L ANY AUTO I /-, I EACH OCCURRENCE I AGGREGATE . A ! EXCESS LIABILITY i OCCUR LJ CLAIMS MADE .- I !....-...: DEDUCTIBLE ! X' RETENTION sl 0 0 0 0 C ! WORKERS COMPENSATION AND i EMPLOYERS' LIABILITY i I I i Om" 103/01/99103/01/00 I I I I DESCRIPTION OF OPERATlONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Adusting Roadway Structures, Phase V,. for Augusta-Richmond Public Works Department Project Number: 327-04-296812081 Certificate Holder (Owner), Engineer and Engineer's consultants are additional insureds, as their interest may appear, with regard to General Liability. CERTIFICATE HOLDER i AD D mONALlNSURED; INSURER LETTER: CANCELLATION The Augusta-Richmond Commission-Council, Attn: Geri The Augusta-Richmond Purchasing Dept., 530 Green St., Room 605 Augusta, GA 30911 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3-0_ DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAlLURE TODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR ACORD 25-S (7/97) 1 0 f 2 #M27514 IS 1 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alte~ the coverage afforded by the policies listed thereon. ACORD 25-$ (7/97) 2 0 f 2 #M2 7 514 I I I I I I I --I I I I I I I I I I I I ADJUSTING ROADWAY STRUCTURES, PHASE V PROJECT NUMBER: 327-04-296812081 LIST OF PROJECT DOCUMENTS SECTION PAGES Instruction to Bidders IB-I thru IB-3 Georgia Prompt Pay Act PP A-I thru PP A-2 Minority and Economically Disadvantaged Business Support ME-I Speciat Conditions SP-l 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-4 Technical Specifications 1-1 thru 1-2 Traffic Control TC-I thru TC-23 I I I SECTION IB INSTRUCTION TO BIDDERS IB-01 GENERAL I 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. I I 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. I IB-02 EXAMINATION OF WORK -I I Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. I 1 1 I IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. 1 Every request for such interpretation should be in writing addressed to the Director of PUblic Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. . I 1 1 I I IB-l I I IB-04 PREPARATION OF BIDS 1 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. I I 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. I 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 Illvitation for Bids. MOdifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. 1 --I I 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. I I NOTE: A 10% Bid Bond is required in all cases. IB-OS BASIS OF AWARD 1 I 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. 1 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. I I I I I IB-2 I I IB-06 BIDDER'S QUALIFICATIONS I No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND 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. 1 I I I .--1 IB-07 PERFORMANCE BOND I I 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 doi~g work or furnishing skill, tools, machinery or materials under or for the purpose of such SO 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. I I I I I 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 I I 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. I I IB-3 I I I I I I I -I I I I I I I I I I I I GEORGIA PROMPT PAY ACT This Ag:::-eeme::.t is intended by the Parties to, and does, gupe:::-sede any and all provisions of the Georgia P=ompt: Pay Ac~, o.C.G.A. Sec~ion 13-11-1, et: seq. ~::1. the event: any p=ovision of ~s Ag:::-eement is inconsistent with any provision of ~e P=ompt: Pay Act, t:~e provision of this Ag=eement: shall cont::::-ol. All clai:n.s, d.isputes and othe= matters in question between the Owne= and t:b.e Cont:::-actor a.=isi.::.g out of or relati.:lg to the Ag=eement, or t:b.e breach t:11.ereof, shal~ be decided iD. the Superior Cou=t of Ric=mond County, Geo:::-gia. The Cont:actor, by e..-<ecuting this Agreement, s'Cecifical1v consents to venue iIl Richmond County and waives any right to. contest the venue iIl the supe:ior Cou=t of Ricbmond County, Georgia. Not.....it~sta.::.ding any provision of the law .to the cont:a--y, the parties agree that no i!lterest shall be due Cont:::-actor on any sum held as =et:ainage pursuant to this Agreement and Cont:actor specifically waives any cla~ to same. NOTICE All =efe=ences in this document, which includes all pape=s, w:i ti:.gs, d:awings, plans or photog:aphs to be used in cOIlIlection wit:b. this document, to "Ricbmond County Board of Commissioners" shall be deemed to mean "Augusta-Richmond County Ccmmission-Cou:lcil and all references to " ChaiJ::nan " shall be deemed to mean "Mayor". DISPOSALS P=ior to any material fram ~s .project being wasted or other..,ise d.isposed of outside the proj ect' l.inl.its 'the Contractor shall fur=ish the Engineer a copy of written pe~ssion, signed by the property owner (or his authori:::ed agent) describing the estimated amount and tyPe of material. to be placed, on said property. ~f any portland cement concrete, asp~tic concrete, wood or other such materials are to be wasted on the property, a PPA-l I I I 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. I In all cases, regardless of the material being wasted, a grading permit issued by Augusta-Richmond County must be furnished to the Engineer. I I I 1 I I I I I I I I I I I PPA-2 I I I I I 'I I -I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County- Council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. 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 Gonsidered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. J.f:::-l I I I I I I I -1 I I I I I I I I I I I ADJUSTING ROADWAY STRUCTURES, PHASE V PROJECT NUMBER: 327-04-296812081 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 ofthe 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 TRANSPORTATION ENCROACHMENT PERMIT: No Georgia D.O.T. Encroachment Permits are required for this contract. SP-l ~~ I I I I I I I -I I I I I I I I I I I I MANHOLE RING AND COVER REPLACEMENT: Should the Contractor encounter existing Ring and Cover assemblies with the covers resting 1/4" 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 NOTIFICA nON: 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 and lor the Inspector. SP-2 I I I I I I I --I I I I I I I I ,I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the~4ay of ~ Augusta- Richmond County Commission-Council , 19:t!/bY and between party of the first part, hereinafter c~lled the OWNER, and CotJS"/12-LIC'f /19 iJ c.tJ. J I NC . . MA-13US party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: ADJUSTING ROADWAY STRUCTURES, PHASE V Project Number: 327-04-296812081 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 of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the A-I I I I I I I I -I I I I I I I I I I I I time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. . -Ins 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 oftime is fixed for the additional time is allowed for the completion of a work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT (a) The Contract Sum The owner shall pay to the Contractor for the performance of the contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer, an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run, following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 I I I I I I I --I I I I I I I I I I I I ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (a) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days, make such inspection and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. -(c) - The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. (e) 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. A-3 I I I I I I I -I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. __"'~"<"~'r.:~" _""'-:VJ.CHMON~~~ ;.... .<;,~ "co<>""'''<>o" (':-. p ~C>; 0,,0 ".. O~ ~~ ff 0 ,," r 0... ~I- ;, ;,t;;;~ " ".~" f!~: .' ..c.~ ~.: ,.~ ~\Q: :_~ p:tflo ......'" ~t;." :'li "~ S..S>tA TEST. :' 'J, "'tJi: C~ 1996 0"" AI '~Oo .... # _~ .....0........; At'~ GEORG\~ --- ~~~,""Il>~~qo: AUGUST A-RlCHMOND COUNTY COMMI N-COUNCIL (Owne CIh ~y Title: Mavor of Au~usta- Commission-Council CTOR:Yl'obl~ r .o~UL-~~1l La .:In~ . ~ '( ~ 'de-n.t Address q H.Q M tD Ill-( Pord ed , ~-til, GA -3CXlOI . SEAL Attest ~~ ;il;J 41 f0 Witne s A-4 I I I I I I I --I I 1 1 I I 1 I I I 1 I, GENERAL CONDITIONS I I I I I I I --I I I I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Tille ., DEFINITIONS... ..... . ...................... ..................... .. PRELIMINARY MATTERS ........................................ CONTRACT DOCUMENTS; INTENT. AMENDING AND REUSE............................... A V AILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS. . . ..... .. . ... .. . . .... . .. . " . . .. ............. BONDS AND INSURANCE........... .................... .... ..... CONTRACTOR'S RESPONSIBILITIES ............................ OTHER WORK .. .................. ... .......... ............... ..... OWNER'S RESPONSIBILITIES.................................... ENGINEER'S STATUS DURING CONSTRUCTION...... ........ CHANG ES 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 YMENTS TO CONTRACTOR AND COMPLETION ............ SUSPENSION OF WORK AND TERMINATION....... .......... ARBITRATION........................ ..... .... ... ............ ..... MISCELLANEOUS................................................ . 3 .. 5 6 7 8 9 10 II 12 13 1.. 15 16 17 3 Page 7 8 9 10 11 14 18 19 19 21 21 24 24 26 29 31 32 I I INDEX TO GENERAL CONDITIONS I Anicl~ or Paragraph Numb~r Acceptance of Insurance ............................. 5.13 Access to the Work .................................. 13.2 Addenda~efinition of (see definition of Specifications) ........................................ I Agreement~efinition of ................... ............. I All Risk !nsur:lnce .............. .. .. .. .. .. . .. .. ..... '" 5.6 Amendment. Written ............................. I. 3.1.1 Application for Payment~efinition of .................. I Application for Payment. Final ...................... 14.12 Application for Progress Payment .................... 14.2 Applic:ltion for Progress Payment-review of .... 14.4-14.7 Arbitration.... ......................................... 16 Authorized Variation in Worle ......................... 9.5 .-\ vailability of Lands .................................. 4.1 A ward. Notice oi~efined .............................. I I 1 I I Before Starting Construction ...................... 2.5-2.7 Bid~efinition of ....................................... I Bonds and Insurarrc:e---iligeneraJ ........................ 5 Bonds-<iefinition of . . . . . .. . .. . . . .. .. .. . .. .. . .... .. .. . . " I Bonds. Deliveryoi ............................._. 2.1.5.1 Bonds. Performance and Other .................... 5.1-5.2 --I 1 Cash Allowances ..................................... 11.8 Change Order--ciefinition of ............................. I Change Orders-to be executed ...................... 10.4 Changes in the Work ................................... 10 Claims. Waiver of -on Final Payment ............... 14.16 Clarific:llions and Interpretations ...................... 9.4 Cleaning ............................................. 6.1 i Complerion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 Compierion. Substantial......................... 14.8-14.9 Conference. Preconstruction .......................... 2.8 Conflict. Error. Discrepancy-ClJntractor . to Report ...................................... 2.5, 3.3 Construction Machinery. Equipment. etc. ............. 6A Cominumg Work ""................................... 6.:9 Contract Documents-amending and supplementing ".................................. 3.4-3.5 Contract Documents-<iefinition of ....................,. I Contr.1C: Documents-Intent...................... 3.1-3.3 Contr.1cr Documents-Reuse of ....................... 3.6 Contract Price. Change of .............................. 11 COnlr.1ct Price-Jetinition ............................... 1 COntr.1Cl Time. Change of .............................. 12 Contr.1c: Time. Commencement of .................... :.3 COnlr.1Ct Time-Jetinition of ............................ 1 Contractor~erinition of ................................ I Contractor May Stop Work or Terminate ............. 15.5 Contractor's Continuing Obligation.....,............ 14.15 Contr.1ctor's Duty to Report Discrepancy in Documents ,................................. :.5.3.2 C"ntr.1ctor's Fee-Cost Plus '" 11.4.5.-6", 11.5.1. J 1.6-11. 7 Contr.1ctor's Liability Insur.1nce ....................... 5.3 Contr.1ctor's Responsibilities-in general ................ 6 1 I I I I 1 I I I I Contractor's Warranty of Title ........................ 14.3 Contractol"S--Qther ...................................... 7 Contracrual Liability Insurance........................ 5.4 Coordinating Contractor~etinition of ................ 7.4 Coordination .......................................... 7.4 Copies of Documents. . . . . . . . . . . . . . . . . .. .. .. .. . . . . . .. .. 2.2 Correction or Removal of Defective Worle ........... 13.11 COlTection 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~eiinition of ....................................... I Defecr;ve~efinition of ................................. I Defecrive Work. Acceptance of .. . .. . .. . .. .. .. .. .. '" 13.13 Defecrive Work. Correction or Removal of .......... 13. J I ' Defective Work-in general............... 13, 14.i. 14.11 D~fecrive Worle. Rejecting............................. 9.6 Definitions .............................................. I Delivery of Bonds ..................................... 2.1 Determination for Unit Prices ................. .. .. '" 9. J 0 Disputes. Decisions by Engineer... .............. 9.11-9.11 Documents. Copies of ................................. 2.2 Documents. Record .................................. 6.19 Documents. Reuse .................................... 3.6 Drawings--definition of ................................. I Easements ............................................ 4.1 Effective date of Agreemenl~eiinition of ... . . . . . . . . . . .. 1 Emergencies ,....,................................... 6.:2 Engineer-deiinition of .................................. 1 Engineer's Decisions ............................ 9.10-9, 12 Engineer's-Notice Work is Acceptable............. 14.13 Engineer's Recommendation of Payment ...... 14.4. 14.13 Engineer's Responsibilities. Limitations on ................. 6.6,9.11,9.13-9.16,18.2 Engineer's Status During ConstrUction-in general .,.... 9 Equipment. Labor. Materials and.................. 6.3-6.6 Equivalent Materials and Equipment .................. 6.7 Explorations oi physical conditions.................., 4.2 Fee. COntraclor's-Costs Plus........................ 11.6 Field Order-deiinition of ............................... 1 Field Order-issued by Engineer ................ 3.5.1. 9.5 Final Application for Payment ....................... 14.12 Final Inspection ..................................... 14.11 Final Payment and Acceptance ...................... 14.13 Final Payment. Recommendation of ........... 14.13.14.14 General Provisions .............................. 17.3-1 i.4 Gener.11 Requiremenrs--dennition of.................:... I Gener.1i Requirements-principal references to ................. 2.6. 4.4. 6.4. 6.6-6.7. 6.23 ~ 1 Giving Notice ........................................ 17. I Guarantee of Work-by Contractor................... 13. I I' Indemnification . . . . . . . . . . . . . . . . . . . .. . . . . . . .. 6.30-6.32. 7.5 Inspection. Final .................................... 14. I I Inspection. Tests and .................................13.3 Insurance. Bonds and-in general ....................... 5 Insurance. Certificates of ........................... 2.7.5 Insurance-<ompleted operations...................... 5.3 Insurance. Comractor's Liability ...................... 5.3 Insurance. Comractual 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 Imerpretations and Claritications ...................... 9.4 Investigations of physical conditions. . . . . . . .. . . . . . . . . .. 4.1 1 1 1 'I Labor. Materials and Equipment .................. 6.3-6.5 Laws and Regulation~etinition of ..................... I uws and Regulations-general ....................... 6.14 Liability Insurance-Contractor's ..................... 5.3 Liability Insurance-Owner's ......................... 5.5 Lien~efinitions of ................................ 14.1 Limitations on Engineer:.s Responsibilities ..................... 6.6. 9. I 1. 9.13-9.16 I --I I Materials and equipmenc-fumished by Contractor .... 6.3 Materials and equipment-not incorporated in Work .............................. 14.2 Materials or equipment-equivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Multi-prime contracts ................................... i 1 I Notice. Giving of ..................................... 17.1 Notice of Acceptability of Project ................... 14.13 Notice of Award--.iefinition of .......................... I Notice to Proceed--.iefinition of ......................... 1 Notice to Proceed-giving of .......................... 1..3 1 "Or-Equal" Items..................................... 6.7 Other contractors ....................................... 7 Other work. .'. . . .... .. .... ....... ........................ i Overtime Work-prohibition of ........................ 6..3 Owner--.iefinition of .................................... I Owner May Correct Defective Work............. .,... 13.14 Owner May Stop Work. ..... ...................... ," 13.10 Owner May Suspend Work. Terminate .......... 15.1-15.4 Owner's Duty to Execute Change Orders............. 11.3 Owner's Liability Insur.1nce ........................... 5.5 Owner's Representative-Engineer to serve as ........ 9.1 Owner's Responsibilities-in general .................... 3 Owner's Separ.1te Representative at site ............... 9..3 'I. I I I Partial Utilization .................................. 14.10 Partial Utilization--.iefinition of ......................... I Partial Utilization-Property Insurance............... 5.15 Patem Fees and Royalties ............................. 6.11 Payments. Recommendation of ........... 14.4-14. i. 14.1.3 Paymems to c.mtractor-in general .................... 14 I I 1 Payments to Coritractor-when due ........... 14.4. 14.13 Payments to Contractor-withholding ................ 14.7 Performance and otber Bonds ..................... 5.1-5.2 Permits............................................... 6.13 Physic:u Conditions ................................... 4.2 Physical Conditions-Engineer's review ............. 4.2.4 Physical Conditions-existing structures... ...... .. .. 4.2.2 Physical Conditions-explorations and reports ....... 4.2.1 Physic:u Conditions-possible document change.. . .. 4.2.~ Physic:u Conditions-price and time adjustments .... 4.2.5 Physic:u Conditions-report of differing ............. 4.2.3 Physical Conditions-Underground Facilities .......... 4.3 ?reconstruction Conference ........................... 2.8 Preliminary Matters .................. " . . . . . . . . . . . . . . . . .. 1 Premises. Use of ................................ 6.16-6.18 Price. Change of Contract .............................. 11 Price-Contract--.iefinition of ............................ 1 Progress Payment. Applications for ..... .. .. .. . . . . . . .. 14.2 Progress Payment-retainage ......................... 14.2 Progress schedule ............... 2.6.2.9,6.6.6.29, 15.1.6 Project--.iefinition of .................................... 1 Project Representation-provision for ................. 9.3 Project Representative. Resident--.iefinition of .......... 1 Project. Starting the ................................... 2.4. Property Insurance............................... 5.6-5.13 Property Insurance-Partial Utilization ............... 5.15 Property Insurance-Receipt and Application of Proceeds ................................... 5.12-5.13 Protection. Safety and ........................... 6.20-6.21 Punch list ........................................... 14.11 Recommendation of Payment.................. 14.4. 14.13 Record Documents ................................... 6.19 Reference Points ...................................... 4.4 Regulations. Laws and ............................... 6.14 . Rejecting Defective Work ............................. 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not E.,clusive ............................. 17.4 Removal or Correction of Defective Work ........... 13.11 Resident Project Representative-<lefinition of ........... 1 Resident Project Representative-provision for........ 9.3 Responsibilities. Contrnctor's--in general ............... 6 Responsibilities. Engineer's--in general ................. 9 Responsibilities. Owner's--in general. .. .. . . . . . . . . . . . . . .. 8 Retainage ............................................ 14.2 Reuse of Documents .................................. 3.5 Rights of Way ......................................... 4.1 Royalties. Patent Fees and ........................... 6.12 Safety arid Protection ....... 6. 20 -6 . 21, 18 .1-18 . 2 Samples ......................................... 6.23-6.23 Schedule of progress ........ 2.6.2.8-2.9.6.6.6.19. 15.2.6 Schedule o(Shop Drawing submissions...................... 2.6.2.8-2.9.6.23. 14.1 Schedule of values ...................... 2.6.2.8-2.9. 14.1 Schedules. Finalizing ................................... 2.9 Shop Drawings and Samples. .................... 6.23-6.18 Sho.p Drawings-definition of . . . . . .. . . . . . . . . . . . . .. .. . . . .. I Sh.J.- Drawings. use to approve substitutions ...................................... 6.7.3 5 I I Site. Visits to-by Engineer ........................... 9.2 Specifications--definition of ............................. I Starting Construction. Before... . . . . ... . . .. . . .. . . .. 2.5-2.8 Staning the Project ........;........................... 2.4 Stopping Work-by Contractor....................... 15.5 Slopping Work-by Owner.......................... 13.10 SubCODtractor~efinition 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. . . . .. .. . . . .. . . . . ... . . . . .. ... 4.2-4.3 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 Suppljer~efinition of . . . . . . . .. . . . . . . . ... . . . . . . .. . . . . . . " I Supplier-principal references to ... 3.6, 6.5. 6.7-6.9, 6.20. - 6.24.9.13.9.16.11.8.13.4.14.12 Surety-consent to payment....... ........... 14.12. 14.14 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 Superintendenr-Contractor's ......................... 6.2 Supervision and Superintendence. . . . . .. . . . . . . . . ... 6.1-6.2 I I I I I --I I I I Taxes-Payment by Contractor. . . . . . . . . . . . . . . . . . . . . .. 6.15 Termination-by Contractor.......................... 15.5 Termination-by Owner......................... 15.2-15.4 Termination. Suspension of Work and-in general...... 15 Tests and Inspections ........................... 13.3-13.7 Time. Change of Contract .............................. 12 I I I I I I I I Time. Computation of ................................ 17.2 Time. Contract-definition of. . . . . .. . . . . . . . . . . . . . . . . . . . .. I Uncovering Work ............................... 13.8-13.9 Underground Facilities-definition of .................... I Underground Facilities-not shown or indicated..... 4.3.2 Underground Facilities-protection of ........... 4.3.6.20 Underground Facilities-shown or indicated......... 4.3. I Unit Price Work-definition of .......................... I Unit Price Work-general ................. 11.9. 14.1. 14.5 Unit Prices ......................................... 11.3.1 Unit Prices. Determinations for....................... 9.10 Use of Premises ................................. 6.16-6.18 Utility owners .......................... 6.13,6.20. 7.2-7.3 Values. Schedule of ......................... 2.6.2.9. 14.1 Variations in Work-Authorized............ 6.25.6.27.9.5 Visits to Site-by Engineer ............................ 9.2 Waiver of Claims-on Final Payment................ 14.16. Waiver of Rights by insured panies ............. 5.10.6.11 Warranty and Guarantee-by Contractor .... ~........ 13.1 Warranty of Title. Contractor's ....................... 14.3 Work. Access 10 ..................................... 13.2 Work-by others ........................................ 7 Work Continuing During Disputes .................... 6.29 Work. Cost of ................................... 11.4-11.5 Work~efinition of .................................".... 1 Work Directive Change~efinition of ................... 1 Work Directive Change-principal . references to ............................3.4.3.10.1-10.2 Work. Neglected by Contractor ..................... 13.14 Work. Stopping by Contractor........................ 15.5 Work. Stopping by Owner....................... 15.1-15.4 Written Amendmenl~efinition of ...................... I Written Amendment-principal references to ...............:..... 3.4.1. 10.1. 11.2. 12.1 6 I I GENERAL CONDITIONS ARTICLE I-DEFINITIONS I Wherever used in these General Conditions or in the other Contract" Documents the following lerms have the meanings indicated which are applicable to both the singular and plural thereof: I Addenda-Written or graphic inslrumenls issued prior to the opening of Bids which clarify. correct or change the bidding documents or the Comract Documents. I Agree/11el/l- The written agreemem between OWN ER and CONTRACTOR covering the Work to be performed: other Comract Documents are attached to [he Agreement and made a part thereof as provided therein. I I .4pplicarion jr)r Paymel/l- The form accepted by ENG 1_ NEER which is [0 be used by CONTRACTOR in requesting progress or final payments and. which is to include such sup- porting documentation as is required by the Contract Documents, --I Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. I Bonds-Bid. performance and payment bonds and other instruments of security. I Change Order-A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition. deletion or revision in the Work. or an adjustment in the Comract Price or the Comract Time. issued on or after the Effecti\'e Date of the Agreement. I I Contract Docllments- The Agreement. Addenda (which per- tain to the Contract 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 Agreement. together with all amend- ments. modifications and supplements issued pursuant to paragraphs 3..+ and 3.5 on or after the Effective Date of the Agreemem. I I I Cumract Pric/;'- The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work>. I COfl(rC/ct Tim/;,- The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for [he comph:tion of [he Work. ' I I CONTRACTOR-The person. firm or corpor.Hion with whom OWNER has entered into the Agreemenl. I defectil'e-An adjective which when mooifying [he 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, [est or approval referred to in the Contract Documents. or has been damaged prior to ENGINEER's recommendation of final payment I unless responsibility for the protection thereof has been assumed by OWNER at Substamial Completion in accordance with paragraph 14.8 or 14. JOl. Drall'ings- The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in [he Con- tract Documents. Effectil'e D{/{e of the Agreement-The date indicated in the Agreement on which it becomes etTective. but if no such date is indicated i[ means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. E.VGINEER- The person. firm or corporation named as such in the Agreement. Field Order-A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division I of the Speci- fications. Lall's and Regull/fions: Lall's or Regulations-Laws. rules. regulations. ordinances. codes and/or orders. Notice of AII"ard-The written notice by OWNER to the apparent successful bidder stating that upon compliance by [he apparent successful bidder with [he conditions precedent enumerated therein. within the time specified. OWNER will sign and deliver the Agreement. Notice to 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 [he Contract Documents. OW,vER- The public body or authority. corporation. asso- ciation. firm or person with whom CONTRACTOR has entered into the Agreement and for whom tlie Work is to be provided. Parrial Utili:.arioll-Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project-The total construction of which the Work to be provided under the Contr:lct Documents may be the whole. or a"part as indicated elsewhere in the Contract Documents. Rt!sident Project Rcpre.H'l/futil'e-The authorized represen"- [ative of E~GINEER who is assigned to the site or any part thereof. 7 I I Shop Drawings-All drawings. diagrams, illustrations. schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations. brochures. standard schedules. perfor- mance charts. instructions. diagrams and other infonnation prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. I I' Sp~cifications- Those portions of the Contract Documents consisting of written technical descriptions of materials. equipment. const!"uction systems. standards and workman- ship as applied to the Work and certain administrative details applicable thereto. I I Subcontractor-An individual. finn or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. I Substantial Comp'~rion- The Work (ora specified part thereoO has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completioo. 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 compiete" and "substantially com- pleted.' as applied to any Work refer to Substantial Comple- tion thereof. ~I I I Supp'em~ntary Conditions-The part of the Contract Docu- ments which amends or supplements these General Condi- tions. I Supp'i~r-A manufacturer. fabricator. supplier. distributor. materialman or vendor. I Underground Faciliries-All pipelines, conduits. ducts. cables, wires. manholes. vaults, tanks. tunnels or other such facilities or attachments. and any encasements containing such facil- ities which have been installed underground to furnish any of , the fOllOwing services or materials: electricity. gases. steam. liquid petroleum products, telephone or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or water. I I I Unir Price Work-Work to be paid for on the basis of unit pnces. I Work-The entire completed construction or the various se~ 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. I Work Directive Change-A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. I I ordering an addition. deletion or revision in the Work. or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time. but is evidence that the panies expect that the change directed or documented by a Work Directive Change wiJI be incorporated in a subsequently issued Change Order fOllowing negotiations by the parties as to its effect. if any; on the Contract Price or COntract Time as provided in paragraph 10.1. Wrirren Amendment-A written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than strictiy Work-related aspects of the Contract Documents. ARTICLE 2-PRELL\HNAR Y MATTERS Delivery of Bonds: 2. I. 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. I. Copies of DocumenlS: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished. upon request. at the cost of reproduction. Commencemeru of Conrra&t Time: NotU:e to Proceed: 2.3. The Contract Time will commence to run on the thinieth 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. SlIUTing the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run. but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Slarting Construction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefUlly study and compare the Contract Documents and check and verify pertinent figures shown 8 I I thereon and all applicable tield measurements. CONTRAC. TOR shall promptly report in writing to ENGINEER any contlict. error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi. cation from ENGINEER before proceeding with any Work atTected thereby: however. CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to report any conflict. error or discrepancy in the Contract Documents. unless CONTR.-\CTOR had actual knowledge thereof or should reasonably ha ve known thereof. I 1 I :'.6. Within ten days after the Effective Date of the Agree. ment (unless otherwise specified in the General Require- ments/. CONTRACTOR shall submit to ENGINEER for review: I ~.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: I 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and --I 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during con~rnlction. 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. I I I :'.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. I I I Preconstruction Conference: :'.8. Within twenty days after the Effective Date of the Agreement. but before CONTRACTOR startS the Work at the site. a conference attended by CONTRACTOR. ENGI- NEER and lHhers as appropriate will be held to discuss the schedules referred to in paragraph 2.6. to discuss procedures for handling Shop Drawings and other submillals and for processing Applications for Payment. and to establish a working understanding among the parties as to the Work. I I I Finali:.ing Schedules: 2.9. .-\t kast ten days before submission of the tirst Appli. cation for Payment a conference allended by CONTRAC- TOR. ENGINEER and others as appropriate will be hc:ld to finalize the ~.:heduks submitted in accordance with para- I I graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE Intent: 3.1. 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. materiais or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well. known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association. or to the Laws or Regulations of any governmental authority. whether such reference be speciiic or by implication. shall mean the latest standard specification. manual. code or Laws or Regulations in effect at the time of opening or" Bids lor. 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 Contract Documents) shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER. or any of their consuitants. agents or employ- ees from those set forth in the Contract Documents. nor shall it be effective to assign to ENGINEER. or any of ENGI- NEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of par.lgraph 9./5 or 9. /6. Clarifications and interpretations of the Contract Documents ~hall be issued by ENGINEER as provided in paragraph 9.4. 3:3. If. during the performance ofihe Work. CONTRAC- TOR finds a contlict. error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at once and betore proceeding with the Work atfected thereby shall obtain a written interpretation or c1aritication 9 I I 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 known thereof. I 1 Anunding and SuppLeme1lling Contract Docume1llS: 3.4. The Contract Documents may be amended to pro- vide for additions. deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: I 3.4.1. a formal Written Amendment, I 3.4.2. a Change Order (pursuant 10 paragraph 10.4). or I 3";.3. a Work Directive Change (pursuant to para- graph 10.0. --I As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may-onJy be changed by a Change Order or a Written Amendment. I 3.5. In addition. the requirements of the Contract Docu- ments may be supplemented. and minor variations and devia- tions in the Work may be authorized. in one or more of the following ways: I 3.5.1. a Field Order (pursuant to paragraph 9.5). I 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4), I Reuse 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 ENGINEER: and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. I I I I ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS I A va.ilabiJily 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 I I . . such other lands which are designated for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furniShing these lands. rights-of-way or ease- ments entitles CONTRACTOR to an extension of the Con- tract Time. CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shalL provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of malerials and equipment. Physical Condi.lions: 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 data contained in such reports. but not upon nontechnical data. interpreta-' tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the complete- ness lhereof 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 of Differing Conditions: If CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate. or 4.2.3.2. any physical condition uncovered or revealed at the site differs materiaHy from that indi. cated. reflected or referred to in the Contract Docu- ments. CONTRACTOR shall, promptly after becoming aware thei't:of and before performing any Work in connection therewith (except in an emergency as permitted by para- graph 6.221, notify OWNER and ENGINEER in writing about the inaccuracy or difference. 10 I I 4.2.4. ENGINEER's Rail!lI': ENGINEER will promptly review the pertinent conditions. determine the necessity of obtaining additional e.'l:plorations or tests with respect thereto and advise OWN ER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. I I 4.2.5. Possihfe Document Chan~e: 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 retlect and document the consequences of the inaccuracy or difference. I -I 4.2.6. Possihfe Price {/nd Timt' Adjuslme/lfs: In each such case. an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereof. will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof. a claim may be made therefor as provided in Articles j I and /2. I I Physical C onditions-Cnderground Facilities: 4.3.1. Sholl'n or Indicated: The information and data shewn or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: I 1 I 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. I .U.l.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents. for coordina- tion of the Work with the owners of such Underground . Facilities during construction. for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in the Contract Price. I I I 4.3.2. Nor Sholl'n or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall. promptly after becoming aware thereof and before pert'orming any Work affeCted thereby (except in an emer- gency as permitted by paragraph 6.22l. identify the owner of such Underground Facility and give written notice thereof to that owner and (ll OWNER and ENGINEER. ENGI- NEER will promprl~' review the Underground Facility to I I I 1 determine the extent to which the Contract Documents should be modified ro reflect and document the conse- quences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time. or both. to the e.'l:tent rhat they are allributable to the e'l:istence of any Underground Facility that was nor shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware oi. If the parties are unable to agree as to the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. Refer~nce Points: 4.4. OWN ER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior wrillen approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in etTect at leaSt until one year after the date when final payment becomes due. except as other\vise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any st:lte where any part of II I I 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 acceptable to OWNER. I C01ll1'tU:tDr's Li4bilily Insurance: 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 which may arise out of or result from CONTRACTOR's perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents. whether it is to be performed or furnished by CONTRACTOR. by any Subcontractor. by anyone directly or indirectly employed by any of them to perform or furnish any of the Work. or by anyone for whose acts any of them may be liable: 1 1 I 1 5.3.1. Claims under workers' or workmen's compen- sation, disability benefits and other similar employee ben- efit acts: -I 5.3.2. Claims for damages because of bodily injury. occupational sickness or disease. or death of CONTRAC- TOR's employees; 1 5.3.3. Claims for damages because of bodily injury, sickness or disease. or death of any person other than CONTRACTOR's employees; I 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or (b) by any other perso"n for any other reason: I I 5.3.5. Claims for damages. other than to Ihe Work itself. because oi injury 10 or destruction of tangible prop- erty wherever located. including loss of use resulting therefrom: I 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage 10 property: and I 5.3.i. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. maintenance or use of any motor vehicle. I 1 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 10 be purchased and maintained (or the certificates or other evidence thereoO shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled. materially changed or renewal refused until at least I I I thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until tinal 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. C01ll1'tU:tu4l LiabiJiry Insuraru:e: 5.4. The comprehensive genera/liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR' s obligations under paragraphs 6.30 and 6.31. Owner's LiDbilily Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and. at OWNER's option. may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents. Properry Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions. OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations), This insurance shall include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER and ENGINEER's consultants in the Work. all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft. vandalism and malicious mischief. collapse and water damage, and such other perils as may be provided in the Supplementary Conditions. and shall include damages. losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects. attorneys and other professionals!. If not covered under the .. all risk" insurance or otherwise pro- vided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and otTthe site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER AND ENGINEER's consultants in the Work. all of whom shall be listed as insured or additional insured parties. 12 I I 5.8. All the policies of insurance (or the certificates or other evidence 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. I I 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the inten:sts of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub- contractor or others suffering any such loss and ifany of them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's own expense. 1 I 1 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 costthereofwilfbe charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. --I I I Waiver of Rights:. 5.11. J. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGI- NEER. ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favorofOWNER. CONTRACTOR. ENGINEER. ENGI- N EER 's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have lO the proceeds I.lf insurance h.:ld by OWNER as trustee or otherwise pay- able under any policy so issued. I I I 1 I 5. I 1.2. OWNER and CONTRACTOR intend that any policies provided in response to paragraphs 5,6 and 5.7 shall protel:t all of the parties insured and provide primary coverage for all losses and damages caused by the perils Cl.l\'ered thereby. Al:cordingly. all such policies shall con- tain provisil.lns to the !:trect that in the event I.lf payment I.lf any loss I.lr damage the insurer will have nl.l rights I.lf recovery against any I.lf the parties named as insureds I.lr addition...f insureds, and if the insurers require sepnraie waiver forms to be signed by ENGINEER or ENGI- NEER's I:lJnsultant OWNER will obtain the same. and if I 1 1 I such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same, Receipt and Applicarion of Procuds: 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 e.xercise of this power. If such objection be made, OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest. OWNER as trustee shall. upon the occurrence of an insured loss. give bond for the proper per- formance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reqt;ired to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5A on the basis of its not complying with the Contract Documents. OWNER shall notify CON- TRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5,7 on the basis of their nor. complying with the Contract Documents. CON- TR.A.CTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificntes to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial Utili:.ation-Properry Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions I.lf the Work prior to Substantial Comple- tion of all the Work. such use or occupancy may be nccom- plished in aCl:ordanl:e with paragraph 14.10: provided that no 13 I J 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. I 1 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES I I Supervision and Su~rinlendence: 6.1. CONTRACTOR shall supervise and direct the Work competenlly and efficienlly, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means. methods, techniques. sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of olhers in the design or selection of a specific mc:ans. method, technique. sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. I -I I I 6.1. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative a~ the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. I I lAbor. MaleriaLs and Equipment: 6.3. CONTRACTOR shall provide competent. suitably qualified personnel to survey and lay OUt the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall al all limes maintain good discipline and order at lhe site. Excepl in connection with lhe safety or protection of persons or lhe Work or property al the site or adjacent lhereto. and excepl as otherwise indicated in the Contract Documents. all Work allhe site shall be perfonned during regular working hours. and CONTRACTOR will nOl pennit overtime work or lhe performance of Work on Sat- urda~'. Sunday or any legal holiday without OWNER's writ- len consent given after prior wrilten notice 10 ENGINEER. I I I I 6.4. Unless otherwise specified in the General Require- ments. CONTRACTORshall furnish and assume full respon- sibility for all materials, equipment, labor. transportation. construction equipment and machinery, tools. appliances. fuel. power. light. heat, telephone, water, ;;anitary facilities. lemporary facilities and all other facilities and incidentals necessary for the furnishing. perfonnance. lesting. start-up and completion of lhe Work. I I I 6.5. All materials and equipmenl shall be of good quality and new. except as olherwise provided in lhe Contract Doc- umenlS. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reportS of required lests) as to the kind and quality of materials and equipmenL All materials and equipmenl shall be applied. installed. con- nected. erected. used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will be effective to assign to ENGINEER. or any of ENGINEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or perfonnance of the Work or any duty or author- ity to undertake responsibility COntrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Scheduu: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 1.91 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. SubstilUles 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 pennitted. 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 equivalenl or equal to that named. The procedure for review by ENGINEER will include the following as supplememed in [he General Requirements. Requests for review of substjtute items of material and equipment will not be accepled by ENGI- NEER from anyone other lhan CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof. certifying that the proposed substitute will perform ade- quately the functions and achieve the resullS called for by the general design, be similar and of equal substance to that specified and be suited to lhe same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will nOl prejudice CONTRACTOR's achievemenl 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 lhe 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 14 I I royalty. All variations of the proposed substitiJie from that specified will be identified in the application and av:tilable m:tintenance. repair and replacement service will be indi- c:tted. The applicalion will also contain :tn itemized esti- mate of all costs [hat will result directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractors affected by the resulting change. all of which shall be considered by ENGINEER in evaluating [he proposeu substitute. E:-JGIN EER ma~' require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. I I I 6. i.:. If a specific means. method. technique. sequence or procedure of construction is indic:tted in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. sequence. technique or proceuure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent 10 that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar 10 that Drovided in paragraph 6. i. I as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. - I I ~I 6.i.3. ENGINEER \....ill be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability. and no substitute will be ordered. installed or utilized without ENGIN EER's prior wrillen acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in eva:uating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. I I I I I I Concerning Subcontractors. Suppliers and Others: 6.8.1. CONTRACTOR shall not employ an~' Subcon- traClOr. Supplier or other person or organization Ii ncluding' those acceptable to OWNER and E:-JGINEER as indi- cated in paragraph 6.8.: I. whether initially or as a substi- tute. against whom OWNER or ENGINEER may have reasonable 0bjection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person llr organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objeclil1n. 6.8.:!. If the Supplementary Conuitions require the identity of certain Subcontractors. Suppliers llr oth~r per- sons or organizations (including those who are to furnish the principal items of materials and equipment) to be sut>- milled to OWNER in advance of the specifieJ date prior to the Effective Dar.: of the Agreement for aCI.:t:ptance by I I I I I OWNER and ENGINEER and if CONTRACTOR has submilled 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 wrillen objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR shall submit an acceptable substitute. the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver oiany right of OWNER or ENGI- NEER to reject deff!ui\'e Work. 6.9. CONTRACTOR shall be fully responsible to OWNER 'lnd ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization. nor shall it create any obligation on the 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 and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. .\11 Work performed for CONTRACTOR by a Sub. contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to par..lgraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the perfor- mance of the Work or the incorporation in the Work of any invention. design. process. product or device which is the . subjt.'~' of patent rights or copyrights ht:ld by others. If a particular invention. design. process. product or device is specified in the Contract Documents for use in the perfor- mance of the Work and if to [he actual knowledge of OWNER 15 I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages. losses and expenses (including attorneys' fees and 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 resuJtin g- from the incorporation in the Worle of any invention, design, process. product or device not specified in the Contract Documents. and shall defend all such claims in connection with any alleged infringement of such rights, I I I I Ptrmiu: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- SU11ction permits and licenses. OWNER shall assist CON- TRACTOR. when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Worle. 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 Worle. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. I -1 I I LAws and Reguiarions: 6.14. \. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. I I I 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations. and without such notice to ENGINEER. CONTRACTOR shall bear all costs arising therefrom: however. it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. I I I I razes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the I I place of the Project which are applicable during the perfor- mance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment. the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights- of-way. permits and easements. and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area. or to the owner or occupant thereof or of any land or areas contig- uous thereto, resulting from the performance of the Worle. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall. to the fullest extent permitted by Laws and Regulations. indemnify and hold OWNER and ENGINEER harmless from and against all claims. damages. losses and expenses (including, but not limited to. fees of engineers, architects. artorneys 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 all tools. appliances. construction equip- ment and machinery. and surplus materials. and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any mannerthat will endanger the structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documerus: 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 wriuen interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all cti.l.'iges made during con- struction. These record documents together with all approved samples and a counterpan of all approved Shop Drawings will be available to ENGINEER for reference. Upon com- 16 I I. pletion of the Work. these record documents. samples and Shop Drnwings will be delivered to ENGINEER for OWNER. I Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to: I I 6.20.1. all employees on the Work and other persons and organizations who may be ailected thereby: I 6.20.2. all the Work and materials and equipment to be incorporated therein. whether in storage on or otT the site: and I 6.20.3. other property at the site or adjacent there!O. inClUding trees. shrubs. lawns. walks. pavements. road- ways. structures. utilities and Underground Facilities not designated for removal. relocation or replacement in the course of construction. -I I CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of L'nderground Facilities and utility owners when prosecution of the Work may atfect them. and shall coopernte with them in the pro- tection. removal. relocation and replacement of their prop- erty. A.ll damage. injury or loss to any property referred to in paragraph 6.::0.2 or 6.20.3 caused. directly or indirectly. in whole or in part. by CONTRACTOR. any Subcontrnctor. Suppiier or any other person or organization directly or indi- rectly employed by any of them !O perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specific;Hions or !O the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable. and not attributable. directly or indi- rectly. in whole or in part. to the fault or negligen.:e of CON- TR.~CTORl. CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall cllOtinue until such time as all the Work is completed and ENGI:-.JEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 1~.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substan- tial Completionl. I I I I I I I I 6.: I. CONTRACTOR sh.dl designate a respl1nsib.le rep- resent:Hivc ;I[ (he sitc whose duty shall be the prc\'ention llf acciJents. This person shall be CONTRACTOR's superin- tendent unless otherwise designated in writin~ by CON- TR..l,CTOR (0 OWN ER. I 1 Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or authorization from ENGINEER or OWNER. is obligated to act to prevenc threatened damage. injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused (hereby. IfENGI- NEER determines that a change in the Contract Documencs is required because of the action taken in response to an emergency. a Work Directive Change or Change Order will be issued tq document the consequences of the changes or variations. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements. CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para-' graph 2.9). or for other appropriate action if so indicated in the Supplementary Conditions. five copies (unless otherwise specified in the Genernl Requirements) of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities. dimen- sions. specified performance and design criteria. materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit !O ENGI:--IEER for review and approval with such promptness as [0 cause no delay in Work. all samples required by (he Contract Doc- uments. All samples will have been checked b~' and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material. S4Pplier. pertinent data such as catalog numbers and the use for which intended. . 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall 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 coordinateJ each Shop Drawing or Sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time llf each submission. CONTR.'\C- TOR shall give ENGIN EER specific written notice of each variation that the Shop Drawings or sampli:s may have from the requirements llf the Cllntrnct Documents. and. in addition. shall caus.: :I specific notation 10 be made on 17 I I each Shop Drawing submitted to ENGINEER for review and approval of each such variation. I 6.26. ENGINEER will review and approve with reason- able promptness Shop DraWings and samples. but ENGI- NEER's review and approval will be only for conformance with the design concept of the Projcct and for compliance . with the information given in the Contract Documents and . shall not extend to means. methods, techniques. sequences or proccdures of construction (except where a specific means. method, tcchnique. sequence or procedurc of construction is indicatcd 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 rcturn the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions othcr than the corrections called for by ENGINEER on previous submittals. I I I I -1 6.27. ENGINEER's review and approval of Shop Draw. ings or samples shall not relieve CONTRACTOR from rcsponsibi!ity 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 6.25.2 and ENGINEER has given written approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25.1. I I I I 6.28. Where a Shop Drawing or sample is required by the Spccifications. any related Work performed prior to ENGI- NEER's review and approval of the pertincnt submission will be the sole expense and responsibility of CONTRACTOR. I Continwng 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 disagrecments. except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. I I I lruUmnificalion: 6.30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses. dire.~t: indirect or consequential (including but not limited to fees and charges of engineers. architects, attorneys and other professionals and court and arbitration costs) aris- ing out of or resulting from the performance of the Work. I I I provided that any such claim. damage, loss or expense (a) is attributable to bodily injury. sickness. disease or death. or to injury to or destruction of tangible property (other than the Work 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. regai-dless oi whether or not it is caused in part by a party indemnified hcreunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultants. agents or employees by any employee of CONTRACTOR. any SubCOntractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. the indemnification obligation under paragraph 6.30 shall nor be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR I or any such Subcontractor or other person or organization under workers' or workmen' s compensation acts. disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER. ENGINEER's consultants. agents or employecs arising out of the preparation or approval of maps. drawings, opinions. reports. surveys, Change Orders, designs or specifications. ARTICLE i-OTHER WORK Rel4led Work III Site: 7.1. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces. have other work performed by utility owners orlet otherdirecr contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to. be pcrformed 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 II and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a parry to such a direct contract (or OWNER. if OWNER is performing the additional worle with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work. and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several partS come together properly and integrate with such other work. CON- ]8 I I TRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only CUt or aller [heir work with the wrilten consent of ENGINEER and the others whose work will be affected. The uuties and responsibilities of CONTRACTOR under this paragraph are for :he benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWN ER and such utility owners and other COntraclOrs. I I i.3. If any pan of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER). CONTRACTOR shall inspect and promptly repon 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 repon will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. I I I Coordination: 1 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized. and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. I I I I ARTICLE 8-0WNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGlNEER. I 8.~. In case of termination of the employment of ENG 1_ NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. I I 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly alter they are uue as provided in paragraphs 14.4 and 14.13. I 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set fonh in paragraphs 4.1 and 4.4: Para- graph 4.2 refers to OWN ER's identifying and making avail. able to CONTRACTOR copies of reports of explorations and tests of subsurt'ace conditions at the site and in existing struc. 1 I I tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and propeny insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in par.lgraph lOA. 8.7. OWNER's responsibility in respect of certain inspections. tests and approvals is set fonh in paragraph 1304. 8.8, In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13.10 and I :i. I. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRA.CTOR under cenain circumstances. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without 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 procer::ding 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 10f 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- 'siona!. ENGINEER will keep OWNER informed of the prog- Iress of the Work and will endea vor to lZuard OWN ER alZainst 'defects and deficiencies in the Work. - - I Project Representation: I 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authority lJf any ~uch Resident Project Representative and assistants will be ds provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site \~ho is not ENGINEER's agent or employee. the duties. ~esponsibilities and limitations of authority of such lJther Jerson will be as provided in the Supplementary Conditions. I 19 I I I I I Clmijicmions and Inurpntalions: 9.4. ENGINEER will issue with reasonable promptness such wrinen clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENG INEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents.lfCONTRACTOR believes that a wrinen 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 Anicle 11 or Article 12. I I I I Auliroriud Yar.ations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Anicle 11 or 12. I --I I I Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective. and will also have authority to require special inspection ortesting of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. I I Shop Drawings, Change Orders and Payments:. 9.i. In connection with ENGINEER's responsibility for Shop DraWings and samples. see paragraphs 6.:3 through 6.19 inclusive. I 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Articles 10. 11 and 12. I 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. I Determiruuwns for Unit Prices: 9.10. ENGINEER will determine the actual quantJUes 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 I I I I to ENGINEER wrinen notice of intention to appeal from such a decision. Decisions on Disputes: 9. I 1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims. disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles II and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. which ENGINEER wilt render in writing within a reasonable time. Written notice of each such claim. dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.iO and 9.11, ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim. dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other matter. Limiuuions on ENGINEER's Responsibililies: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor, any Supplier. or any other person or organization performing any of the Work. orto 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 requirem[?s~. direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). The use of any such term or adjective shall not be 20 I I effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9. 16. I 9.15. ENGINEER will not be responsible for CON- TRACTOR's means. methods. techniques, sequences or pro- cedures of construction, or the saiety precautions and pro- grams incident thereto. and ENGIN EER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. I I 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor. any Supplier. or of any other person or organization performing or furnishing any of the Work. I I ARTICLE IO--CHANGES IN THE WORK -I 10. I. Without iwalidating the Agreement and without notice to any surety. OWNER may. at any time or from time to time. order additions. deletions or revisions in the Work: these will be authorized by a Written Amendment. a Change Order. or a Work Directive Change. Upon receipt of any such document. CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically providedl. I I I 10.1. If OWNER and CONTRACTOR are unable to agree as to the extent. if any. of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change. a claim may be made therefor as provided in Article [lor Article 11. I I 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended. modified and supple- mented as provided in paragraphs 3.4 and 3.5. except in the case oi an emergency as provided in paragraph 6.:: and except in the case of uncovering Work as provided in para- graph 13.9. I I I o.~. OWN ER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: I IO.~.I. changes in the Work which are ordered by OWN ER pursuant to paragraph 10.1. are required because of acceptance of Jt!j~("(iI'e Work under paragraph 13. I_~ or correcting ",~f~cri\.t! Work under paragraph ,IJ.I~. or are agreed to b~' the parries: 1 IOA.1. changes in the Contract Price or Contract Time which are agreed to by the parties: and I I 10.4.3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11: provided that. in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CON- TRACTOR shall carryon the Work and adhere to the prog- ress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to. Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety. the giving of any such notice will be CONTRAC- TOR's responsibility. and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or underraken 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 parry and to ENG IN EER promptly (but in no event later than thirty davs) after the occurrence of the event giving rise to the ~laim' 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 with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment i~ the Contract Pric~ will be valid if not submitted in accordance with this paragraph 11.1. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: -11.3. L Where the Work involved is covered by unit prices contained in the Contract f?ocuments. by applica- tion of unit prices to the quantities of the items involved - (subject to the provisions of paragraphs 11.9. I. through 11.9.3. inclusivel. 21 I I 11.3.2. By mutua! acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). I 11.3.3. On the basis of the Cost of the Work (deter- mined as providec in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs I 1.6 and 11.7). I I Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the locality of the Project. shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: I I 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job-classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include. but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security concributions. 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 [0 the extent authorized by OWNER. --I I I I I 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of trans- portation and storage thereof. and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. I I I 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER. which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be Subject I I I 22 I to the other provisions of the Contract Documents insofar as applicable. 11.4.4~ Costs of special consultants (including but not limited to engineers, architects. testing laboratories. sur- veyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. 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. 11.4.5.2. Cost. including transportation and main- tenance. of all materials, supplies. equipment. machin- ery, appliances, office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. .11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation. dismantling and removal thereof-aIl in accordance with terms of said rental agreements. The rental of any such equipment, machin- ery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales. consumer, use or similar taXes related to the Work. and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable. and royalty payments and fees for permits and licenses. J 1.4.5.6. 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 he included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee. If. however. any such loss or damage I I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. I 11.4.5.7. The cost of utilities. fuel and sanitary facilities at the site. I II A.5.8. ~tinor e:xpense:s such as te:le:grams. long distance tele:phone calls. telephone service at the: site. expressage and similar petty cash items in connection with the Work. I 11.4.5.9_ Cost of premiums for additional Bonds and insurance required because of changes in (he Work and premiums for property insurance coverage within [he limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. I 1 11.5. The term Cost of the Work shall not include any of the following: -I 11.5. I. P;lvroll costs and other compensation of CON _ TRACTOR' s~fficers-. executives. principals I af parrner- ship and sole proprietorships I. general managers. engi- neers. architects. estimators. attorneys, auditors. accoun- tants. purchasing and contracting agents. expeditors. timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a brnnch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4. f or specifically covered by paragraph 11.4.4- all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 1 I 1 11.5.2. Expenses I'! CONTRACTOR's principal and branch offices other than CONTRACTOR's or'tice at the: site. I J 1.5.3. Any parr ofCONTRACTOR's capital e:xpenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. I I 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same ie.xcept for [he cost of premiums covered by sub- paragraph 11.4.5.9 above). 1 11.5.5. Costs due: to the negligence of CONTRAC. TOR. any Subcontr:lctor. or anyone L!irectly or indirectly employed b~' any of i;,.:m or for whose: acts any of them may be liable ir..;Jo.iJing but not lim;teJ to. the correction of de/c'( ii.. '.' 'urk. Jisposal Ill' materials or equipme:nt wrongly ~1I, ~"". ~ "1aking gooL! any damage [0 prop- erry. 1 I 11.5.6. Other o'-erhead or general expense costs or' any kind and the costs of any item not specifically ami expressly induded in paragraph 1/.4. I I CONTRAcrOR's Fer: 1/.6. The CONTRACTOR's Fee allowed [0 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 Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 1104.1 and 11.4.2. the CONTRACTOR's Fee shall be fifteen percent: (1.6.:.2. for costs incurred under paragraph II A.3. the CONTRACTOR's Fee shall be f.ve percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee. the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 110404. 11.4.5 and 11.5: 11.6.204. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by all 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 11.6.204. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph II A or J 1.5. CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 1/.8. It is understood that CONTR.-\CTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 1/.8.1. The allowances include the cost to CON- TRACTOR (Jess any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv- ered at the site. and all applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and handling on the site. laoor. installation costs. overhead. profit and other e:xpenscs contemplated for the allowances have been include:d in the Contract Price and not in the :3 I 1 allowances. No demand for additional payment on account of any thcreof will be valid. I Prior to final payment. an appropriate Change Order will bc issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances. and the Contract Price shall be correspond- ingly adjusted. I I Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimatcd quantities of items of Unit Price Work are not guarantced and are solely for the purposc of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications- of Unit Pricc Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. I I --I I 11.9.2. Each unit price will be deemed to include an amount considered by COJ'.lTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sep- arately identified item. 1 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that .CONTRACTOR has incurred additional expense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Article II if the parties are unable to agrce as to the amount of any such increase. I I I I ARTICLE 12-CHANGE OF CONTRACT TIME I 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or 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 gencral 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 skn 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 1 1 I I shall be determined by ENGINEER in accordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Tune will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include. but not be limited to. acts or neglect by OWNER or others performing additional work as contemplated by Article 7. or to fires. floods. labor disputes, epidemics. abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (inClUding but not limited to fees and charges of engineers, architects. attorneys and other professionals and coUrt and arbitration costs) for delay by either party. ARTICLE I3-W ARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Wamuuy and GUIUtUIlee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC. TOR. All defective Work. whether or not in place. may be rejected. corrected or accepted as provided in this Article 13. 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. rests and Inspeclwns: 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 thereoO to specifically be inspected. tested or approved, CONTRACTOR shall assume full responsibility therefor. pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection. testing or approval. CONTRACTOR shall also 24 I I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereof for incorporation in [he Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified/. I I I 13.5. All inspections. tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGI:-':EER if so specified). I 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 unco\'ering shall be at CONTRACTOR's expense unless CONTRACTOR has given E:-JGINEER timeLy notice ofCONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response [0 such notice. I -I I 13.7. Neither observations by ENGINEER nor inspec- tions. tests or approvals by others shall relieve CONTP_A.C- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. I I Uncovering Work: 13.8. Ifany Work is covered contrary to the written request of ENGINEER. it must. if requested by ENGI:\EER. be unco\'ered for ENGINEER's observation and ,eplaced at CONTRACTOR's expense. I I 13.9. If ENGINEER considers it necessary or advisable that covered \Vork be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER's request. shall uncover. expose or otherwise make available for observation. inspection ~r testing as ENGI:\EER ma~' require. that portion of the Work in question. furnishing all necessary labor. material and equipment. If it is found that such \Vork is dt'.t~('(il'l'. CONTRACTOR shall ,bear all direct. indirect and consequential costs of such uncovering. e:~po- sure. observation. inspection and testing and of satisfactory reconstruction. (includine but not limited to fees and charees of engineers. architects. ;norneys and olher professionals). and OWN ER shall be entitled to an appropriale decrease in the Contract Price. anJ. if the parties are unable Il1 agree as to the: amounl [hereof. may make a claim therefor as provided in Article: II. If. hUll e:\'e:r. such Wurk is not fl'und to be "t'./"Cfil'('. COYfR:\CTOR ~hall be: allowe:d an increase: in the: Cuntral.'t Prj~~ ,'r _,il c,\icnsiun of the Contract Time. l'r both. Jirec[ly attril'utable lu such uncovering.. exposure. obse:n-ation. inspectiun. testing amI reconstructil'n: and. if the: partie:s are: unable: 10 agre:e as 10 the: amounl or extem 1 I I I I I thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. Owner May Stop the Work: 13.10. If the Work is defectil'e. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment. or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWN ER may order CONTRACTOR to stop lhe 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: 13.11. Ifrequired by ENGINEER. CONTRACTOR shall promptly. as directed. e:ither correct all defective Work, whether or not fabricated. installed or completed. or. if ihe Work has been rejected by ENGINEER. remove it from the site and replace it with nOlldefectil'e Work. CONTRACTOR shaH 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 Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defectil'e. CONTR.-\CTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions. either correct such defectil'e Work. or. if it has been rejected by OWNER. remove it from the site and replace it with lIondefecril'e Work. If CONTRACTOR does not promptly comply with the terms of such instructions. or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defecfil'e Work cor- rected or the rejected Work removed and replaced. and all direct. indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers. architects. attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Wrinen Amendment. .-tcceptance of Defective Work: 13.13. If. instead of requiring correction or removal and replacement of dl/l!ctil'C' Work. OWNER land. prior to ENGIN EER's recommemJation of final payment. also ENGIN EER) preli:rs to accept it. OWNER may do so. CON- TRACTOR shall bear all direct. indirect and consequential ~5 I I costs attributable to OWNER's evaluation of and determi- nation to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers. architects. attor- neys and other 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 Anicle 11. If the acceptance occurs after such recommendation. an appropriate amount will be paid by CONTRACTOR to OWNER. I I I I OWNER May Correct Defectille Work: 1 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.EN6INEER in accordance with para- graph 13.11, or if CONTRACTOR fails to perform the Worle in accordance with the Contract Documents. or if CON- TRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' writ- ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or 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, architects. attorneys and other professionals. all COUrt and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of the Worle attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. --I 1 I I 1 I I 1 I I I I ARTICLE I4-PA YMENTS TO CONTRACTOR AND COMPLETION ScJudWe ofVables: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Pay. ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. App/icalionfor Progress Payme1U: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale. invoice or other documentation warranting that OWNER has received _ the materials and equipment free and clear of all liens. charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein. all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONrRACTOR's Warranty ofrWe: 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. Relliew of App/icalions for Progress Payme1U: 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 whc:;.due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a 26 I I representation by ENGINEER to OWNER. based on ENGI- NEER's on-site observations of the: Work in progress ns an experienced and qualified de:sign professional and on ENGI- N EER' s review of the Application for Payment and the accompanying data and schedule:s thnt the Work has pro- gressed to the point indicnted: thac. to the best of ENGI- N EER' s knowledge. information and belief, the quality of the Work is in accordnnce with [he Contract Documents (subject to an evaluation of the: Work as a functioning whole prior to or upon Substnntial 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 [he recommendation I: and that CONTRAC- TOR is entitled to payment of the amount recommended. However. by recommendingany such payme:nt ENGINEER will not thereby be deemed [0 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 speciticnlly assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid_adcjitiunally by OWNER or OWNER to withhold payment to CONTRACTOR. I I 1 I I -I I /4.6. ENGINEF:R's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14./3 have been fulfilled. I 14.7, ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion. it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment. or. because of subsequently discovered evidence or the results of subsequent inspections or tests. nullify nny such payment previously recommended. to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: I I I l~. 7_1. the Work is defecril'e. or completed Work has been damage? requiring correction or replacement. I 1~.7.2. [he Contract Price has been reduce:d by Writ- ten Amendme:nt or Change Order. I 1~.7.3. OWNER has bee:n required to correct defee- ril'e Work or complete Work in accordance with paragraph 13.14, or I 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. 1 OWNER may refuse: to make payment of the full amount recommended by ENGINEER because claims have' bee:n made Jgainst OWNER on account ofCONTRACTOR's per- formance: or furnishing of [he Work or Liens have: been filed in connection with the: Work or there are other items emitling I 1 OWNER to a set-off against the amounl recommended, but OWNER must give CONTRACTOR immediate wrilten notice (with a copy to ENGIN EERl Slating lhe reasons for such action. Substanti4J Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the emire Work is substantially complete I except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGIN EER shall make an inspection of the Work to deter- mine the status of completion. If ENGIN EER does not con- sider the Work substamially 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 fi.x 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 th:l! 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. Atthe time of delivery of the tentative certificate of Substantial Completion ENGI- NEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation, safety. maintenance. heat. utilities. insurance and warranties. CnJess OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior [0 ENGINEER's issuing the definitive certificate of Substantial Completion. ENGlNEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9, OWNER shall have the right to exclude CON- TRACTOR from the Work after-the date of Substantial Com- pletion. but OWN ER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. c PartiDl Utilization: 14.10. Use by OWNER of any finished pan of the Work. which has specilic:Jlly been identified in the Contract Doo.:u- 27 I I I 1 I I I --I I I I I I I I I I I 1 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- mg: 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 cenif- icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTO_R a.nd ~NGINEER shall make an inspec- tion of that pan of the Work to determine its s.atus of completion. If ENGINEER does not consider that pan of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. lfENGINEER 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 pan of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. 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 parr of the Work to detennine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such pan of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety, maintenance. utilities. insur- ance. warranties and guarantees for that pan of the Work which will become binding upon OWNER and CON- TR.A,.CTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEER). During such operation and prior to S~:.bstantial Completion of such pan of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 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, FiIuzl Inspection: 14. 11. Upon written notice from CONTRACTOR that the entire Work or an agreed ponion 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. FiIuzl Application for Paymenl: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered aJ.i maintenance and operating instrUctions, schedules, guaran- tees, Bonds. certificates of inspection, marked-up record documents (as provided in paragraph 6.19) and other docu- ments--all as required by the Contract Documents, and after - ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16), CONTRACTOR may make application for final payment following the pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contrnct Documents. together with complete and lega/./y effective releases or waivers (satisfactory to OWNER) of aJ.i Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish receipts or releases in full: an affidavit of CON- TRACTOR that the releases and receipts include all labor. services. material and equipment for which a Lien could be filed. and that all payrolls. material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's propeny might in any way be respon- sible. have been paid or otherwise satisfied: and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER a-gainst any Lien. Firud 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 [)ocuments. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGI- NEER will. within ten days after receipt of the final Appli- cation for Payment. indicate in Writing ENGINEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14. 16. 28 I I Otherwise, ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation. in appropri- ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. I I I /4.14. If. through no fault of CONTRACTOR. finalcom- 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 CO 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 {or,hat portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment. except that it shall not constitute a waiver of claims. I I --I I I Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER. nor the issuance of a cer- tificate of Substantial Completion. nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor any use or occupancy of the Work or any pan 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 [he issuance of a notice ofacceptabiliry by ENGINEER pursuant to paragraph 14.13. nor any correction of defecril'e Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contracr Documents or a release of CONTRACTOR's obli- gation to perform [he Work in accordance with the Contract Documents lexcepr as provided in paragraph 14.16l. I 1 I I I Wai~'er ofC/aims: 1':.16. The making :lnd acceptance of final payment will constitute: I I':. 16. I. a waiver of all claims by OWN ER against CONTRACTOR. except claims arising from unsettled Liens. from "eji'nil'(' Work appearing after nnal inspec- tilln pursuanr to paragraph I':. II or from 1:~::!Jre [ll comply with the Conrract Dllcumems or the terms of any special gU:lrantt:es specified therein: however. it will nll[ consti- lute a waiver hy OWNER of any rights in resp.:ct llt I 1 1- CONTRACTOR's continuing obligations under the Con- tract Documents: and 14: 16.:!. a waiver of all claims by CONTRACTOR against OWN ER other than those previously made in writ- ing and still unsettled. ARTICLE f5-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 days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed, CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 1 J and I:!. Owner May rerminate: 15.2. Upon the occurrence of anyone or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11. United States Code), as now or hereafter in effect. or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency: 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing. or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvenc};: 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors: 15.2.4. if a trustee. receiver. CUstodian or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such propeny or for the purpose of general administration of such property for the benefit ofCONTRACTOR's creditors: 15.2.5. if CONTRACTOR admits in writing an inabil- ity to pay its debts gencrally as they become due: 15.2.6. if CONTRACTOR persistently fails to pcrform "the Work in accordance with the Contract Documents ~9 I I (including. but not limited to. failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time): I 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body having jurisdiction: 1 /5.2.8. if CONTRACTOR disregards the authority of ENGINEER: or I /5.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments; I OWNER may, after giving CONTRACTOR (and the surety. if there be one) 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 ofal) 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 Cal;e 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. I -I I I I I I I I 15.3. Where CONTRACTOR's services have been $0 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). COnlTtU:tor May Stop Work or rerminau: 15,5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails for thiny days to pay CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, tc:rminatc the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carryon the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. 1 . (The remainder of this page was left blank intentionally.] I I I 30 . I I I I I I I --I I I I I I I I 1 I 1 I ARTICLE 16--ARBITRATION 16.1 All claims, disputes and other matters in question betveen OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu- ments or the breach thereof shall be decided under Georgia Lav in the Superior Court of Richmond County, Georgia. (The remainder of this page was left blank intentionally.) 31 I I I I I I I --I I I I I I I I I I 1 I (This page was left blank intentionally.) 32 I ARTICLE 17-MISCELLANEOUS I I Giving Notice: 17.1. Whenever any provIsIon of the Contract Docu- ments requires the giving of written notice. it will.be deemed to have been validly given if delivered in person to the indi- vidual or to a member of the firm or to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. I I CompuJalion ofrinu: 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computa- tion. I 1 /7.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. --I General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omis- I I I I I 1 I I 1 I 33 1 sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable. claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the pro- visions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto. and. in Particular but without limitation. the Warranties. guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.12. 13.14. 14.3 and 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. 1 I I "I 1 I I --I 1 I 1 I 1 1 I I I I I SUPPLEMENTARY CONDITIONS 1.1 OWNER'S LIABILITY & PROPERTY INSURANCE: Section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by Augusta- Richmond County for this project. Current insurance coverage will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY: As indicated under Section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount not less than $200,000 for injuries, -including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. The Contractor shall either (I) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage InsUI:ance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.3 SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Augusta-Richmond County Road System. (b) Work within easements granted by property Owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site SC-1 1 I I I 1 1 1 -I I I 1 1 I I 1 1 I I 1 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. 1.5 ENGINEER: All references to "Engineer" shall be interpreted to mean the Augusta-Richmond County Director of Public Works, or his official designee. 1.6 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. 1.7 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, 1.8 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. 1.9 ESTIMATED OUANTITIES: 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 1 I I I I I I -1 I I 1 1 1 1 I 1 I I 1 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 of the 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 ofthis 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.e.G.A., Section 12-11-1, et seq. In the event any provision ofthis 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, between 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 of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same, SC-3 1 1 I I I 1 I --I I I I I I I 1 I I 1 I SECTION P PROPOSAL Date:()C11jI3gL..t 27) / q Q'1 Gentlemen: In compliance with your invitation for bids dated ()C..-r: 27, 191!J the undersigned hereby proposes to furnish all labor, equipment, and materials, and to perform all work for the installation of streets, and appurtenances referred to herein as: ADJUSTING ROADWAY STRUCTURES, PHASE V Project Number: 327-04-296812081 in strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached hereto and totaling: N I (I:/,:J - e ~ l +1 TJ-kw$ ~'D 11 V. ~ t-Jvr..lo/2..eJD a ~ ~-r1 + ~II DOLLARS ($ 9E, I J:5tJb. 00 ) . The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Documents, The undersigned hereby agrees that, if awarded the contract, he will commence the work within 10 calendar days after the date of written notice to proceed, and that he will complete the work within 300 calendar days. The undersigned acknowledges receipt of the following addenda: Respectfully submitted ( IMA-6U S CaJS/tLJ.J7::r1 ul\J CD) N.C-. {Name of Firm) . I Lit:, Mt::i..LIt f/ouO fl.P AU9c15~ ,01J. :30'10 (Bus' ess Add ess) B: Title: P-1 I I I I I I I --I I I I I I I I 1 1 I I , Marvin Griffin Road Mike Padgett Hwy. To Doug Barnard Pkwy 5 3 Cookie Road Marvin Griffin Road to Dead End 1 - Wheeler Road Joy Road to Highland Ave. 15 1 New Savannah Road Laney-Walker to Blvd. to Gordon Hwy. 8 5 East Taylor East boundary to East Cedar Street 6 8 3rd Street Walton Way to L-W Blvd. 4 3 Twiggs Street Laney-Walker Blvd. to 9th Street 14 4 Summer Street Laney-Walker Blvd to Spruce Street - 1 Hall Street Twiggs Street to Dead End - - Hall Street (New) Twiggs Street to (Old) Twiggs Street 3 - Hall Street (Old) Twiggs Street to 8th Street - - King Street Hall Street to Hopkins Street 1 \ - 10th Street Laney-Walker Blvd. To D'Antignac Street 6 5 Turpin Street Martin Luther King Blvd. to Old Savannah Road 7 8 Eagles Way Olive Road to 15th Street 2 2 Steed Street - . - .- Liden Street to Martin Luther King Blvd. 14 10 Gordon Street 12th Street to Pizquet Avenue 1 3 Habersham Drive Wedgewood Drive to Cul-de-sac 1 2 Myrtle Drive Wrightsboro Road to Stonegate Apts. - 1 Providence Court Providence Drive to Cul-de-sac 2 1 Jordan Road Tuggle Street to Wrightsboro Road 12 7 Slaton Street Holden Street to Jordon Road 7 3 Essie Mcintyre Blvd. Olive Road -to 15th Street 13 7 Barnes Lane Telfair Street to Walker Street 2 2 Browns Lane Grace Street to Wood Street - 2 Cobb Street McDowell Street to Central Ave. 2 2 Crescent Drive Eve Street to Grace Street - 3 D'Antignac Street Eighth Street to Ninth Street 3 2 Dennis Road Stevens Creek Road to End 2 - East Cedar Street Sand Bar Ferry Rd, to Aiken Street 3 3 Golden Rod Street Dan Bowles Road to Aragon Drive 2 - Hayes Drive Laney-Walker Blvd. to End 2 - Horton Drive Florida Road to End 2 - Kentucky Ave. Sand Bar Ferry Rd I to Aiken Street 3 2 Kirk Place Reid Road to End - 2 Leona Street Dan Bowles Road to Aragon Drive 3 2 Maryland Drive Parkway Drive to Wrightsboro Road 3 6 Oak Street Central Avenue to End 2 3 Reid Street Lake Forest Dr. to Kirk Place 2 3 Sibley Road Milledgeville Rd. to Gordon Hwy. 3 8 Taylor Lane Wood Street to Westview Ave. - 2 .. P-2 I I I I 1 I I -I I I I I I I I I 1 I I Stree' .:r~" Manholir ~-Ait'~..,." Thomas Lane Wheeless Rd. to Golden Camp Rd. 5 12 Truman Lane Carolina Rd. to Gordon Hwy. 3 6 Walnut Street Dan Bowles Road to Aragon Drive 3 3 Willow Street Dan Bowles Road to Aragon Drive 3 3 Ellis Street 13th Street to 6th Street 70 20 Kratha Drive Milledgeville Road to Memory Drive 7 3 Barnes Road Memory Drive to Olive Road 5 3 Stevens Road Barnes Road to Lionel Road 2 2 Malverne Lane 700 Block 4 3 Hillsdale Road 3000 Block 6 4 Carlisle Drive 700 Block 1 2 Oberlin Road 700 Block 11 6 Fairfield Road 700 Block 3 2 Cameron Court 700 Block . 1 2 Wallace Street 600-1300 Block 7 4 Ponte Vedra Court- - 500 Block 1 2 Sea Island Drive 600 Block 5 3 Kipling Drive 2800-2900 Block 7 3 Vasser Drive 3100 Block 3 2 Kipling Drive 2700 Block 6 4 Crane Ferry Road 3200 Block 1 1 Fox Hall 2900 Block 8 8 Whetstone Court 2300 Block 1 1 Canebrake Court 2300 Block 3 3 Sugar Mill Road 3300 Block 11 11 Sugar Mill Court 3300 Block 1 1 Davant Street 100 Block 2 2 Thread Needle Road 2300 Block 4 3 Gardners Mill 100 Block 1 1 Kipling Court 2700 Block 1 2 Arrowhead Drive 2900 Block 2 2 Highgate Circle -- 4 3 Raleigh Drive -- 1 1 Savoy Street -- 2 2 Winston Court -- 1 1 Derby Drive -- 1 1 Hampton Court -- 1 1 Kipling Drive 2800--2900 Block 7 3 Westchester Drive 4 3 Kennelworth Place 2 2 Martin Lane 500 Block 4 3 P-3 I 1 I I I I I --I I I I I I I I I I I I ADJUSTING ROADWAY STRUCTURES, PHASE V PROJECT NUMBER: 327-04-296812081 DETAILED ESTIMATE 8/9/99 " . . . . _. _. . ....... 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':':~::':~;":,': ',. .~.~. 611-8050 'ADJUST MANHOLE TO GRADE 611-8055 'ADJUST WATER VALVE TO GRADE EACH EACH TOTAL BID PRICE 'Price includes materials, traffic control, bonds, etc.- P-4 "" .,.,..... ...._ ...'....... 'A."~ .~. "_. . . ,.... ".' .... ,. '. .... "_' . .'.....-".,............ .-... ...,.,.....-.'..'...'.. .... ...... ....,.... '.' " .-..... .,. ... '. ".., ..........--............. ". .." . ., "-"-' . ,. . . ".' ,.~.'. .... ....,... ..-.,. . ."" . . . .:. . .... . " .-"..'''tJ-...N.'-I.;r--...''....... .,.....,...,...:;...:;:-..:............. ,..-.....-- ., ."-.,, . :..... .''''-' .~. ..'. .... . ".' . .<.'.. _.~~.:: l;lj!jj~~~~~I'l.j! .1.;ll~.~~~"1,1,i 450 300 1415.4'0 "~/7SO.oC I()~ .0D 31.8;0.00 , .. 11' 1'8/ S~. 00 I 1 1 I I I 1 ~I 1 I I 1 I 1 1 1 I I I TECHNICAL SPECIFICATIONS SECTION 1 ADJUSTING ROADWAY STRUCTURES. PHASE V 2.01 SCOPE: This section consists of adjusting existing manhole rings and covers and water valve boxes to grade. 2.02 WORK BY OTHERS: Georgia Power, Southern Bell and Georgia Natural Gas Company will be responsible for adjusting their respective structures. 2.03 MATERIALS 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. 1-1 1 1 I I I 1 I -I 1 I I I I I 1 I I 1 I 2.04 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. 2.05 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. 1-2 1 I I I I I 1 --I I I I 1 I I 1 I 1 1 1 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL August 28, 1995 First Use: October 20, 1995 Modification of Special Provision Section 150 - Traffic Control (Rev. JlUle 21, 1994) Retain Section 150 as written and add the (ollowing: 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 mOlUlted at less than seven (7') feet in height (portable signs). Standard Construction Details. · Typical By-Pass Detour for Two-Lane Highway · Typical Detour Across Median · Transition of 4-Lane Divided Highway to 2-Lane Highway · Traffic Control General Notes, Standard Legend, Miscellaneous Details In addition, G20-l, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated September 3, 1993. 150.02 WORK ZONES: Delete 'Work ZonesH and substitute: Temporary Traffic Control Zones. 150.02. 8.2,: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200 feet in advance 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. . . 150.03.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 o( second paragraph and substitute: Construction warning signs which are mounted at less than seven feet in height (portable signs) shall have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign. ?-c-/ 1 1 I I I I I --I I I I I I 1 I 1 'I I I -. "'- ----'---- -. - -.. ._... . DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 150.04.E.2.a.2.: Retain as written and add: In lane shift areaS skip lines are not allowed. Solid lines are required. _ 150.04. E.2.b.1.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are --required. 150.05. D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type 11 (eleven). 150.10 PAYMENT: Item No. 641- Delete reference to Type 9 and substitute Type 11 (eleven). SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL June 22, 1994 First Use: July 24, 1994 Modification of Standard Specifications, 1993 Edition Retain Sectton 150 as written and add the following: For this project, all references in the Standard Construction Details listed below to Type r Barricades, Type II Barricades, Type "A" flashing-lights and Type "C" steady bum lights are deleted, except that Type "C"light.s will 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, Miscellaneous Details In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated September 3, 1993. Detail "A" as shown on Georgia Standard 4960 is deleted. SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL Rev. June 21, 1994 First Use: July 24, 1994 Rev.: August 16, 1994 Modification of the Standard Specifications, Current Edition Delete Section 150 as written and substitu.te the following: 150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTeD shaII 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 -r-c-z 1 1 I I I I I -I I I I I I I I I 'I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 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 shall be in effect for the duration of the project. A. The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor (WTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's traffic control responsibilities shall have priority over all other assigned duties. As the representative of the Contractor, the 'WTCS shall have full authority to act on behalf of the Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in safe traffic control practices in accordance with Part VI of the MUTCD. In addition to the WTCS all others 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: U.S. Government Printing Office Superintendent of Documents Mail Stop: SSOP Washington, D.C. 20402-9328 The WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with access to all personnel, materials and equipment necessary to respond effectively to an emergency situation within forty-five (45) minutes of notification of the emergency. The 'WTCS shall supervise the initial installation of traffic control devices which will be reviewed by the Engineer prior to the beginning of construction. Modifications to traffic control devices as required by sequence of operations or staged construction must be reviewed by the WTCS. The WTCS shall regularly perform inspections to ensure that traffic control is maintained. B. All traffic control devices used during the construction of a project shall meet the Standards utilized in the MUTCD, and shall comply with the'requirements of these Specifications. Project Plans. and Special Provisions. Reference is made to Subsections 104.05, 107.07. and 107.09. C. All reflectorization for construction (black on orange) signs, object markers, and channelization devices shall meet the requirements of Section 913, Type I! or II! 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 of vehicular and pedestrian traffic before it is placed in operation. The proposed plan of operation should supplement the approved traffic control plan. Any major changes to the approved traffic control plan, proposed by the_ Contractor. are to be submitted to the Department for approval in accordance with Subsection 104.03 of the Standard Specifications. -r-C'-3 I I I I I I I ---I I I I I I I I I 1 I I DEP ARTM:ENT 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 fo'r each step of the change. 2. The location, size, and message of all signs required by the MUTCD, Plans, Special Provisions, and other signs as required to fit conditions. 3, 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 t4me, duration and date of planned change. 9, For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing workforce, materials, and equipment necessary to accomplish the proposed work. This will be the minimum resource allocation required in order to start the work. The above details shall be submitted to the Engineer for approval at least 14 days prior to the anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has been approved by the Engineer prior to commencement of the physical shift. All preparatory work relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the designated starting time. The Engineer and the Contractor's representative will verify that all conditions have been met prior to the 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 ~r 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 requh~ements of the MUTCD 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 minimwnsize of 48" high by 96" TC-~ I I I I I I I --I I I I I I I I I 01 I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum legibility distance is that distance at which the arrow panel can be comprehended by an observer on a sunny day, or clear night. .-'\rrow panels shall be equipped with automatic dimming features for use during hours of darkness. The arrow panels shall also meet the requirements as shown in the MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on two- lane, two-way highways when traffic is restricted to one-lane operations in which case, appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient. 3. Portable changeable message signs meeting the requirements of Section 632 and the MUTCD. 4. Channelization devices meeting the standards of the MUTCD and Subsection 150.05. 5, Precast concrete barrier meeting the requirements of Section 622. 6. Temporary traffic signals meeting the requirements of Section 647. 7, Pavement marking materials complying with Subsection 150.04.A. B. LANE CLOSURES: 1. All lane closures shall have prior approval of the Engineer. Lane closures that require same direction traffic to be split around the Work Area will not be approved for roadways with posted speeds of 35 mph or greater, excluding turn lanes. 2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the entrance 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 transition to normal or full width highway at the end of a lane closure shall be a maximum of 150 feet. 4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07, the Contractar shall remove all signs, lane closure markings, and devices immediately when lane closure work is completed or temporarily suspended for any length oftime or as directed by the Engineer. C. TRAFFIC PACING METHOD: 1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allOwing the Contractor up to ten (10) minutes maximum to work in or above all lanes of traffic for the following purposes: a. Placing bridge members or other bridge work. b. Placing overhead sign structures. c. Other work items requiring interruption of traffic. The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for each direction of pacing. The police officer, Engineer, and flaggers at ramps shall be provided with a radio which will provide continuous contact with the Contractor, TC-S- --_0,. __ -----__._0___..0.. I I I I I I 1 -I I I I I I I I 1 I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA When ready to start the work activity, the police vehicle will pull into the travel lanes and act as a pilot vehicle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform the Work. 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 afUlr 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 Detail 150-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 si~. Whe_n traffic is not being paced, the flashing light shall be turned off and the sign covered or removed. W-special signs are reflectorized black on orange, Series "C"letters and border of the size specified. ~c-c I I I I I 1 1 I I I I 1 I 1 I I 'I 1 I ..-.- -.-.-...--------..-.. DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA TYPE ... 1L.l.SH J lIIC L I CUT elf nur F'J c: S Ill[ ,- MMCIH Il~. ICJIXR 3- &la11lS 53. 111.1- 7z. '.'"IV m? ~ ~ ~ ~ ~ 10. /- SZ- ., 10. ~~@I~@ 15-, ~2. "5. ~fH]~~@ ~rxJ@WJJU ."@~~~ w t..oL ~~. J..'j- ,- 1Z- 12- SU. -C. ,- 11- 12- SEA. .C. ,- 12- 12- SlA. .C- ~ I- I. SVl. .C. ,- f-?(CIAL Slcac ITtIlPaWrT POST ~TtOI SICH SHAlL H"~ lua LE(:t)C) AN) ~R CJl CIWCi[ A(FLCC:TORIZ!D ISACtCRaJHg DETAIL 150-A D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic unless separated by a positive barrier, or when construction activity necessitates otherwise, and shall not reverse direction except at intersections, interchanges, or approved temporary crossings. E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not interfere with normal traffic operations or acljacent 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 acljacent to traffic dUring nighttime operation shall wear retlectorized vests. , , /"2::'-7 1 1 I I 1 1 I --I I 1 I 1 I I 1 I "I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I. The parking of Contractor's and/or workers personal vehicles within the work area or acijacent 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 travel way. These items shall be stored in a location, in so far as practical, where they will not be subject to a vehicle running off the road and striking them. K All existing pedestrian walkways shall be maintained. \Vhenever changes to the worksite necessitate changes to existing walkways, temporary walkways shall be provided and maintained, with appropriate signs as necessary, to allow safe passage of pedestrian traffic. 150,03 SIGNS: A. When required for proper traffic control during construction of the project, all existing guide, warning, and regulatory signs shall be maintained by the Contractor in accordance with these Specifications. Existing street name signs shall be maintained at street intersections. All existing illuminated signs shall remain lighted and be maintained by the Contractor. 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 unless otherwise specified in the contract documents. D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed, reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special Provisions, 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 caIl; 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. SPECL-U GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that are designed with a message content (legend) 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<onfl icting location which has been approved by the Engineer. 2. INTE'RIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new interim special guide signs in accordance with the Plans or as directed by the Engineer. 3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: !:~i:erim 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.- /~-8 1 I I I I I I --I I I I I I I I 1 I I I DEPARTM:ENT OF TRANSPORTATION STATE OF GEORGIA 4. The installation of new permanent special guide signs and the permanent modification or resetting of existing special guide signs, when included in the contract, shall be accomplished as soon as practical to minimize the use of interim special guide signs. If lighting is required by the Plans, all new permanent overhead special guide signs shall be lighted as Soon as erectad. 5. Interim special guide signs that may be required in addition to, or a replacement for, existing expressway and freeway (interstate) signs must be designed and fabricated in compliance with the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways" and Part 2F "Guide Signs Freeways" of the MUTCD, except that the minimum size of all letters and numerals in the names of places, streets and highways on all signs shall be 16 inches Series "E" initial upper-case 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 lieu of galVanization for steel posts or structural shape posts. Wood posts are not required to be pressure treated. 2. SIGN BL..WKS Al'ID PA..~LS - All sign blanks and panels shall conform to Section 912 of the Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1 and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardless of the sign type used. Alternative sign blank materials (composites, poly carbonates, fiberglass reinforced plastics, recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research for use as interim construction signs before these materials are allowed to be incorporated into the 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 MUTCD. 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 termini of the project The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET, AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On-ramps and at grade intersecting roadways shall be signed with a minimum of one ROAD WORK AHEAD sign. All construction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each including the project construction signs (G20-1 and G20-2A.) Project mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest whole mile. All construction warning signs on divided highways shall be double indicated (i.e., on the left and right sides of the roadway.) 1. The sequential or flashing arrow panels shall be placed on the shoulder at 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. /c-~ I I 1 I I 1 I -I I I I 1 I I I I "I 1 1 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA K. The flashing beacon assembly, when specified, shall be used in COzUunction 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. MATERL-li.S: All traffic striping applied under this Section shall be a minimum four inches in width and shaJI cpn(onn to the requirements of Section 652, except as modified herein. Raised pavement markers (RPMs) shall meet the requirements of Section 654. Markings on the fInal surface course which 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. reflectorizing only a portion of a stripe) will not be allowed. C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of markings in the 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 he present on the project for immediate use. If marking removal equipment failures occur, the equipment shall be repaired or replaced (including leasing 'equipment if necessary), SO" that the removal can be accomplished without delay. Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course, when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid for only once and further"traffic shifts in the same area shall be accomplished with removable markings. Only the minimum asphaltic concrete thickness required to cover lines (generally 60 IbJsq. yd. of Asphaltic Concrete "H") will be allowed. Excessive build-up will not be permitted, When an overlay for the sole purpose of eliminating conflicting markings .is not allowed, the markings no longer applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting pavement markings by overpainting with paint or liquid asphalt is not acceptable. D. Raised pavement markers (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 of RPMs is require_d. " /c-/CJ I I I I I I I --I I I I I I I I I -I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 1. On Interstate and limited access highways under construction, excluding projects consisting primarily of asphalt resurfacing items, retro-reflective raised pavement markers (RPMs) shall be placed and/or maintained on intermediate pavement surfaces opened to traffic as follows: a. SUPPLEMENTING LANE LINES: 80 f.oot centers on skip lines with curvature less than three degrees. ancludes tangents.) 40 foot centers on solid lines and all lines with curvature between three degrees and six degrees. 20 foot centers on curves over six degrees. 20 foot centers on lane transitions or shifts. b. SUPPLEMENTING RAMP GORE LINES: 20 foot centers, two each, placed side by side. c. OTHER LINES: As shown on the plans or directed by the Engineer. 2. On other highways under construction RPMs shall be used and/or maintained on intermediate pavement surfaces as follows: a. SUPPLEMENTING LANE LINES AND SOLID LINES: 40 foot centers except on lane shifts. (When required in the Plans or Contract.) 20 foot centers on lane shifts. (Required in all cases.) b. SUPPLEMENTING DOUBLE SOLID LINES: 40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans or Contract.) . 20 foot centers on lane shifts. (Required in all cases.) RPMs are!l2.t allowed on right edge lines. E. EXCEPITONS 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. '!WO-LANE, TWO.WAYROADWAYS a. SIaP 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 perm:ti;ed 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 perio~ . "/c-// 1 I I I I I I --I I I I I I I I I 01 I 1 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Interim raised pavement markers may be substituted for the interim skip (broken) stripes. Ifmised pavement markers are substituted for the four foot interim skip stripe, four markers spaced at equal intervals over a four feet distance will be required. No separate payment will be made if the interim raised pavement markers are substituted for interim skip lines. Interim raised pavement markers shall be retro-reflective, shall be the same color as the pavement markers for which they are substituted, and shall be visible dUring daytime. The type of interim marker and method of attachment to the pavement must be approved by the Office of Materials and Research but in no case will the markers be attached by the use of nails. The interim raised pavement markers must be maintained until the full pattern pavement markings are applied. At the time full pattern pavement markings are applied the interim raised markers shall be removed in a manner that will not interfere with application of the full pattern pavement markings. b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three o calendar days where skip centerlines are in place, no-passing zones may be identified by using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the beginning and at intervals not to exceed 1/2 mile within each no-passing zone. A post or portable mounted PASS WITH C.QE regulatory sign (R4-1 24" x 30") shall be placed at the end of each no-passing zone. Post mounted signs shall be placed in accordance with the MUTeD. Portable signs must have a minimum vertical height of three feet above the pavement surface to the bottom of the sign and be secured in such a manner as to not be easily blown over or misaligned. c. 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 shift.s, 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. /c-/z 1 I I I I I I --I I I I I I I I I '1 I 1 DEPARTMENT 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 (GRASS OR RAISED MEDIAN) (1) Lanelines - Full pattern skip stripe shall be restored before nightfall. (2) CenterlinelEdgeline - Solid lines shall be placed on intermediate and final surfaces within three calendar days of obliteration. c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d. 3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER THAN FOUR FEET a. Same as Subsection 150.04,E.2. except as noted in (b) below. b. 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 OPERA.TIONS: 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 MUTCD: 1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicle is not required for low volume off-system routes and one-way traffic applications. 2. The work vehicle applying markings shall have a sequential or flashing arrow panel mounted on the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel shall be 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. / -c-/3 I I I I I I I ~I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection 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 attenuataI' (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 travel way. 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 MUTeD and shall be --reflectorized as required in Subsection l50.0l.C. (2) APPLICATION: Drums shall be used as the required channeliZing device to delineate the full length of a lane closure, shift, or encroachment, except as modified by this Subsection. (a) TRANSITION T.-'\PERS 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 pel' taper with a minimum tangent length of 2L between tapers. The length of a closed lane, excluding the transition taper, will be limited to two mile, unless otherwise approved or directed by the Engineer. Drums shall be placed the full length of the taper spaced at maximum intervals in feet equal to the numerical speed limit (EXAMPLE: 55 Mph Speed Limit = 55 feet maximum spacing). For taper lengths on urban, residential or other streets where the posted speed is 40 mph or less, the minimum length ofilie approach transition taper may be computed using the formula L = WS2/60. Greater taper length shall be used when required for individual situations. Drums with steady burning lights, for the length of the taper only, are required if the condition exists into the night. (b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for various roadside work conditions except as modified by Subsection 150.06. Spacing shall be used for situations meeting any of the conditions listed as follows: (1) 50 FOOT SPACING MAXIMUM: (a) For difference in elevation exceeding two inches. (b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail 150-E.. - /c-/~ 1 1 I I 1 I I -I I 1 I I 1 1 1 I 'I 1 I 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 tt'avel lane. (3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than ten feet from travel lane. Lateral offset clearance to be four feet from the tt'avellane. (a) For paved areas eight feet or greater in width that are paved flush with a standard width travel lane. (b) For disturbed shoulder areas not completed to typical section that are flush to the travel lane and considered a usable shoulder. When the appropriate signs are posted advising of conditions such as soft or low shoulder, drums may be removed after shoulders are completed to typical section and grassed and after guardrail or other safety devices have been installed. b, VERTICAL P_-\.1'ffiLS: (1) DESIGN: .<\11 vertical panels shall have a minimum of 270 square inches of retro-reflective area facing the traffic and shall meet the requirements of the MUTCD. (2) APPLICATION: Lane encroachment by the drum on the travel way should permit a remaining lane width often feet. When encroachment reduces the travel way to less than ten feet, vertical panels shall be used to restore the travel way to ten feet or greater, No other application of vertical panels will be permitted. c. CONES: (1) DESIGN: All cones shall be a minimum of 28 inches in height regardless of application and shall meet the requirement of the MUTCD. (2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight closures or minor shifts. (Drums are required for all tapers,) The use of cones for nighttime work will not be permitted. d.- BARRICADES: (1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized as required in Subsection l50.01.C. (2) APPLICATION: Type III barricades shall be placed as required by the plans, the Standards, and as directed by the Engineer. e. WARNING LIGHTS: (1) DESIGN: All warning lights shall meet the requirements of the MUTCD. (2) APPLICATION: (a) Type A low-intensity flashing lights shall be used as shown in the Plans, the Standards, and as directed by the Engineer. Flashing lights are not required for advance warning signs in Subsection lSO.03.H. -r-C-/5 1 I I I I I 1 --I I I I I I I 1 I I I 1 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (b) Type C Steady-Burn lights shall be used on all tapers when the condition exista into the night Steady-burn lights shall also be used as shown in the Plans, the Standards, and as directed by the Engineer. . f. PORTABLE BARRIERS: (1) DESIGN: Portable Barriers shall meet the requirements of Section 622 _ PRECAST CONCRETE BARRIER. (2) APPLICATION: Portable Barriers shall be placed as required by the plans. standards, and as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel lane, yellow reflectors shall be fixed to the top of the barrier at intervals not greater than 50. feet and shall be mounted apprOximately two inches above the barrier. The reflectors shall be either 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels, or 8" diameter center-mounted sealed prismatic reflex reflectors housed in an aluminum backing with a single grommeted hole. Approach end of Portable Barrier shall be flared or protected by an impact attenuator (crash cushion) or other approved treatment in accordance 'With Georgia Standard 4960, Construction Details and Standard Specifications. - . - - On interstate or other controlled access highways where lane shifts or crossovers cause opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as a separator. B. TEMPORARY SAND LOADED ATTENUATOR MODULES 1. DESCRIPTION: This work consists of the furnishing, installation, maintenance, relocation, reuse as required, and removal of Temporary Sand Loaded Attenuatar Modules for traffic impact attenuators. 2. MA.TERL'liS: Materials used in the Attenuatar shall meet the requirements of Subsection 648.02 for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules _ Stabilizer Drums with Wine Glass shaped Inner Containers. 3. CONSTRUCTION: Temporary Sand L:>aded Attenuator Module installation shall conform to the requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locati?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 Attenuators. 2, MATERIALS; Materials used in the Attenuator shall meet the requirements of Section 650 for Type A Portable Impact Attenuators. 3. CONSTRUCTION: Portable Impact Attenuator installation shall conform to the requirements of Subsection 650,03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locations designated by the Engineer, and/or shown on the plans. D. 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 Banier or temporary guardrail end treatment. TC-/~ I I I I I I I --I I I I 1 I I I 1 I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 2. M..-\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 shall conform to the requirements of the Plans, current Georgia Standards and Subsection 641.03 of the Standard Specifications. Installation shall also include sufficient additional guardrail and appurtenances to effect the transition and connection to Temporary Concrete Barrier as required by the details in Georgia Standard 4960, 150.06 EXCAVATION ADJACENT TO A TRAVEL lANE: Construction work involving trenching acijacent" to a travelway shall not begin until the Contractor is able to continuously place the required typical section to within two inches of the existing pavement elevation, or heal the remaining difference in elevation to the traveled way as shown in Detail 150-E. Channelization devices and placement during the construction period shall conform to the requirements of Subsection 150.05 and Details 150-B, 150-C, ISO-D, and 150-E shown herein. In addition to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT) (RIGHT) 1AJ.\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. STO!',rE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-offs in elevation of more than two inches between surfaces carrying, 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 ta exceed 1000 feet may be left open as a start up area for periods not to exceed 48 hours. B. ASPHALT BASES/BINDERS: Drop-offs in elevation of more than two inches between surfaces carrying or adjacent to traffic will not be allowed for more than 48 hours. C. PORTL..J\ND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work adjacent to the traveled way which involves these types of bases shall be healed within 48 hours after the curing period is complete for each section placed. During the placement period, traffic control devices will be in accordance with Subsection 150.05 and Detail 150-B. D. MISCELLA.~OUS 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 adjacent to the travel way shall be performed expeditiously so as to minimize the exposure to the hazard. As soon as practical, the excavation shall be backfilled to the minimum requirements of Detai1150-E. In no case will the drop-offbe allowed to exist more than five calendar days. This may require stage construction, such as plating and backfilling the incomplete work.. . -rc- /7 I I I I I I I -I I I I I I I I I I 1 I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA NOTE. Drums reQUfred for thfs 10cotfon,8POced ot SO FT. fntervols. If the traveled way wfdth Is reduced to less than 10 feet by the u.se of drums. vertfcal panels Sl'lall be u.sed fn Ifeu of drum&. LocatIon of drums when drop-off exceeds 4 fnches. ----------~ . . ------------- ~ _ '1 _NEW CONSTRUCTION + ~ TRAVEL LANE DROP-OFF GREA TER THAN 4 INCHES DETAIL 150-8 Or-um.s spoced at 50 feet rnterva/s. Locotlon of drums when drop-off fs 2+ fnches to 04 fnches. _l:'::~______\ -----------\ ~ t ~~ NEW CONSTRUCTION TRAVEL LANE ~ DROP-OFF OF 2+ INCHES TO 4 ~CHES DETAIL 150-C / ~-/d I I 1 I I 1 I --I I I 1 I I 1 1 1 I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Dr-ums SCloced ot 100 feet Intervols. Locotron of drums when dr-oP.off Is 2 Jnches or less. ~f~,:~______\ -----------\ '( t NEW CONSTRUCTION + TRAVEL LANE ~ DROP-OFF OF 2 INCHES OR LESS DETAIL 150-0 Locotlon of drums ImmedJotely ofter- completIon of heoled sectIon. spoced ot SO ft. IntervOls. Compocted Or-oded oooreoote.SUbbose moter-Iolor- dTr-t. TOP OF DRUM TO BE LEVEL 2 ft. +/- ----------~~ -----------\ NO STEEPER THAN 4:1 -< -'( t + NEW CONSTRUCTION ., TRAVEL LANE 'V---+ HEALED SECTION DET AIL ISO-E. TC- /f I I I I 1 I 1 -I ""I 1 I I I 1 I I I I I lJEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 150,07 FLAGGING AND PILOT CARS: A. F1agge", shall be prov;ded as required lD handle traffic, as specified in the Plansor Special Prov;.;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 provide certified flaggers as required ahove shall be reason for the Engineer suspending work involving the flagger(s) until the Contracror provides the certified flagger(s). C. F1aggen shall wear high-visibil ity clothing in compliance with th e MUTCD and shall USe a S top/Slow paddle meeting the requirements of the MUTCD for control1ing traffic. The Stop/Slow paddles shall have a shaft length of seven (7) feet minimum. In addition ro the Srop/Slow paddle, a flagger may use- a 24 inches square red/orange flag as an additional device to attract attention. For night work. the vest shall have reflectorized stripes on front and back. D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meetthe requirements of the MUTCD, E. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the pr!!sepce_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. 150.0B ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporary traffic control zone, while minimizing confusion and disruption ro traffic flow, shall have priority over all other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section 150 (TRAFFIC CONTROL) will result in non-refundable deductions of monies from the Contract as shown in this Subsection for non-performance of Work. Fall ure of th e Con traclDr to com ply wi th th is Specification shall be reason for the Engineer suspending all other work on the Project, except erosion control and traffic control, taking corrective action as specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work on the Project until traffic control deficiencies are corrected. These other actions shall be in addition ro the deductions for non-performance of traffic control. -rc-co 1 I I I 1 I I '-1 I I I I I I I I I I. I JJ4j4 ~J.~.N 1- UF TRANSPORTATION STATE OF GEORGIA SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE -' . ORIGINAL TOTAL CONTRACT AMOUNT From More Than To and Including Daily Charg'e $0 $100,000 $100 100.000 1.000.000 250 1.000.000 5.000.000 500 5.000.000 20.000.000 750 20.000.000 40.000.000 1.000 40.000.000 - 1.500 150.09 MEASUREMENT: A. TRAmC'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 enntrol not paid for separately, and will be paid as follows: \Vben the first Construction Report is submitted, a payment of 25 (twenty-five) percent of the Lump Sum price will be made. For each progress payment thereattar, the total of the Project percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid (less previous payments), not to exceed one hundred (100) percent and subject to normal retainage, When no payment item for Traffic Contro/.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 en ntract , interim special guide signs will be paid for as listed below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid for under Traffic Control Lump Sum or included in the overall bid submitted. 1. Interim ground mounted or interim overhead special guide signs will be measured for payment by the square foot This payment shall be full compensation for furnishing the signs, including suPPOrts as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting, and final removal from the Project. Payment will be made only <<;me time regardless of the number of moves required. 2. Remove and reset existing spedal gu]de 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. Modii'y special guide signs, ground mount or overhead, will be measured for payment by the sqUare foot. The area measured shall include only that portion of the sign modified. Payment shall include materials, removal from posts or supports when necessary, and remounting as required. -re-z/ 1 I I I 1 I I --I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA C. PRECAST MEDIAN BARRIER: I7ecast Median Bamer will be measured as sPecified in Section 622. D. CHA..'1GEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured as specified in Section 632. E. TEMPORARY GUARDRAIL ANCHORAGE, Type 11: TemporaJy Guardrail Anchorage _ Type 11 wilr' 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. TRAmC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation _ Temporary will be measured as specified in Section 647. G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in Section 647. H. TEMPORARY, SAND LOADED ATTENUATOR 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 of locations installed. Modules to replace those damaged or destroyed by traffic impact will also be measured by the unit for payment. Upon completion of the project, the modules shall be removed and retained by the Contractor. 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. PA'VEMENT MARKINGS: Pavement markings will be measured as specified in Section 150. 150.10 PAYMENT: When shown in the Schedule ofItems in the Proposal, the following items will be paid for separately. Item No. 150. Traffic Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . . . . , . Lump Sum Item No. 150, Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile Item No. 150. Traffic Control, Solid Traffic Stripe, Thermoplastic Inch, (Color) ........................... per Linear Mile Item No. 150. Traffic Control, Skip Traffic Stripe, Thermoplastic Inch, (Color) ..............,..........., per Linear Mile Item No. 150, Traffic Control, Pavement Arrow with Raised Reflectors ................. per Each Item No. 150. Traffic Control, Raised Pavement Markers - All Types. . , . . , . . . . . . . . . . . " per Each Item No. 150. Interim Ground Mounted Special Guide Signs. . . . . . . . . . . , . . . . . . " per Square Foot Item No. 150. Interim Overhead Special Guide Signs . . . . . . . . . . . . . . . . . . . . . . . . . . per Square Foot 7?::J::- Z Z. I I I I 1 I I --I I I I I I I I I I I I J..JI:.rEUtTMENT OF TRANSPORTATION STATE OF GEORGIA Item No. 150. Remove & Reset Existing Special Guide Signs, Ground Mount, Complete in Place. . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . " per Each Item No. 150, Remove & Reset, Existing Special Guide Sigris, Overhead,Complete in Place ..................................... Per Each I tem No. 150. Traffic Control, Temporazy Sand Loaded Attenuatar Modules ............ per Each Item No. 150. Traffic Control, Portable Impact Attenuatar . .. . . . . . . . . .. . . . . . . . . . . . . . " Per Each Item No. 150. Traffic Control, Pavement Markers, Words and Symbols. . . . . . . . . .. per Square Foot I tem No. 150. Traffic Control, Pavement Arrow (Painted) With Raised Reflectors ........ per Each . Item No. 150. Modify Special Guide Sign, Ground Mount. . .. .. . . . . . , . . . . . . . . . .. per Square Foot Item No. 150. ModiJ'y Special Guide Sign, Overhead. . . . . . . . . . . . . . . . . . . . . . . . . " per Square Foot Item No, 622. Precast Concrete Median Barrier. . . . . . . . . " . .. . . . " . . " . . . . . . . . , per Linear Foot Item No. 632. Changeable Message Sign, Portable ,......,......................,... per Each Item No. 641.. Temporary Guardrail Anchorage. Type 11 ............................. per Each Item No. 647. Traffic Signal Installation. Temp. .. .. . .. .. .. .. .. .. .. . .. .. .. .. . .. .. . . Lump Sum Item No. 647. Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . . . . per Each Item No. 647. Flashing Beacon Assembly, Cable Supported..... ........ ... . . ....... " per Each -rc-Z-.3