HomeMy WebLinkAboutARC Drainage Improvements Phase I
DOCUMENT NAME: .A'\\ t
Augusta Richmond GA
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DOCUMENT TYPE: c.,O\f\\- yo...C\S
YEAR: 0-00 ~
BOX NUMBER: "2D
FILE NUMB'ER: \ <( 0 \ "(
. NUMBER OF PAGES:
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CONTRACT DOCUMENTS
FOR
ARC DRAINAGE IMPROVEMENTS
PHASE I
PROJECT NO.:
323-04-201823101
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'Gt6\T AlVERlC~ INSURANCE COM~
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Bond No. 5 45 60 46
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- OHIO;
CAUTION: You should use an original AlA document which has this caution 'p~J'nted in red. An original assures that
changes will not be obscured as may occur when'documents are reproduced. '
PERFORMANCE BOND
The American Institute of Architects. ALA Document No. A311 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor)
Beam's Contracting, Inc.
2335 Atomic Road, Beech Island, South Carolina 29842
as Principal, hereinafter called Contractor. and, (Here insert full name and address or legal title of Surety)
GREAT AMERICAN INSURANCE COMPANY
580 Walnut Street, Cincinnati, Ohio 45202
as Surety, hereinaftet called Surety, are held and firmly bo'und unto (Here insert full name and address or legal title of Owner)
Augusta-Richmond County Commission Council
530 Greene Street, Augusta, Georgia 30911
as Obligee, hereinafter called Owner, in the amount of
Nine Hundred Thirty One Thousand Five Hundred Seventy Five &: 75/10000Ilars($ 931,575_75 I,
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents. .
WHEREAS,
Contractor has by written agreement dated 19 , entered into a cOntract with Owner for ARC Drainage
Improvements, Phase I Project No. 322-04-201823101
in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
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Counters1gned byr:::v~ " /;.J~ . ,
~Walker .
Macon, Georgia
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is
such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time
made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default
under the Contract, the Owner having performed, Owner's obligations
thereunder,the Surety may promptly remedy the default, or shall
promptly
1) Complete the Contract in accordance with its terms and conditions,
or
2) Obtain a bid or bids for completing the Contract in accordance with
its terms and conditions,and upon determination by Surety of tha lowest
responsible bidder, or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible bidder, arrange for
Signed and sealed this day of
j7~ t~)JLO~
(Witness)
~jJfln l(~
SB 5715b
Performance Bond. This bond is issued simultaneously
with Labor and Material Bond F.9635 - (3/82).
Revised to February, 1970
F,9633F (1' /92)
a contract between such bidder and Owner, and make available as Work
progresses (even though there should be a default or a succession of
defaults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance
of the contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term "balance of the contract price," as used in
this paragraph, shall mean the total amount payable by Owner to
Contractor under the Contract and any amendments thereto, less the
amount properly paid by Owner to Contractor.
Any su it under this bond must be instituted before the expiration of
two (2) years from the date on which final payment under the Contract
falls due. '
No right of action shall accrue on this bond to or for the use of any
person or corporation other than the Owner named herein or the heirs
executors, administrators or successors of the Owner. '
19
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Bond No.545 60 46
CitEAT AlVERlC.:w INSURANCE COMPMIV
OHIO
CAUTION: You should use an original AlA document which has this caution printed in red. An original assures that
changes will not be obscured as may occur when documents are reproduced.
LABOR AND MATERIAL PAYMENT BOND
The American Institute of Architects, AlA Documenl No. A311 (February, 1970 Edition)
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFULL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor)
Ream's Contracting, Inc. .
as P?JJ~I,-4.t;Qmiffer~i~~~~d;GfiltfJMkt~R~tlle J;,iHjmM- I~~ft~ of Surety)
GREAT ,AMERICAN INSURANCE COMPANY
580 Walnut Building, Cincinnati, Ohio 45202
as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner)
,Augusta-Richmond County Commission Council
530 Greene Street, Augusta, Georgia 30911
as Obligee, hereinafter called Owner, for the use and benefit .of claimants as hereinbelow defined, in the amount of
Nine Hundred Thirty One Thousand Five Hundred Seventy Five & 75/~g~ ($ 931,575_75
(here Ins,ert a sum equal to at least one-half of the contract price) ,rs
),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and. assigns, jointly and severally,
firmly by these presents.
WHE REAS,
Principal has by written agreement dated 19 entered into a contract with Owner for ARC Drainage
Improvements, Phase I Project No. 322-04-201823101
in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION is furnished the last of the materials for which said claim is made, stating'
such that, if Principal shall promptly make payment to all ,claimants as with substantial accuracy the amount claimed and the name of the party to
hereinafter defined, for all labor and material used or reasonably required whom the materials were furnished, or for whom the work or labor was
for use in the performance of the Contract, then this obligation shall be done or performed. Such notice shall be served by mailing the same by
void; otherwise it shall remain in full force and effect, subject, however, to . registered mail or certified mail, postage prepaid, in an envelope addressed
, the following conditions: 'to the Principal, Owner or Surety, at any place where an office is regularly
1. A claimant is defined as one having a direct contract with the maintained for the transaction of business, or served in any manner in
Principal or with a Subcontractor of the Principal for labor. material, or which legal process may be served in the state in which the aforesaid
both. used or reasonably required for use in the performance of the project is located, save that such service need not be made by a public
Contract, labor and material being construed to include that part of water, officer,
gas, power, light, heat, oil. gasoline, telephone service or rental of b) After the expiration of one (1) year following the date on which
equipment directly applicable to the Contract. Principal ceased Work on said Contract, it being understood, however that
2. The above named Principal and Surety hereby jointly and severally if any limitation embodied in this bond is prohibited by any law
agree with the Owner that every claimant as herein defined, who has not controlling the construction hereof ~u.chl.imitat,ion sh~II ~ ~eemed t? be
been paid in full before the expiration of a period of ninety (90) days after amended so as to be equal to the minimum period of limItation permitted
the date on which the last of such claimant's work or labor was done or by such law.
performed, or materials were furnished by such claimant, may sue on this c) Other than in a state court of competent jurisdiction in and for the
bond for the use of such claimant, prosecute the suit to final judgment fo;: county or other pOlitical subdivision of the state in which the Court for the
such sum or sums as may be justly due claimant, and have execution district :in which the Project, or any pari thereof, is situated, and not
thereon. The Owner shall not be liable for the payment of any costs or elsewhere.
expenses of any sue!) 'suit. 4. The amount, of this bond shall be reduced ,by and to the extent of
3. No suit or action shall be commenced hereunder by any claimant: 'any payment or payments made in good faith hereunder, inclusive of the
a) Unless claimant, other than one having a direct contract with the payment by Surety of mechanics' liens which may be filed of reco~d
Principal, shall have given written notice to any two of the following: the' against said improvement, whether or not claim for the amou!:'t of such
Principal, the Owner, or the Surety above named, within ninety (90) days lien be presented under and against this bond. . - -
after such claimant did or performed the last.of the work 'or labor, or _ .
Signed and sealed this
day of
. 19,
{-?(lV'-u-~~ t~ ~,~) 01\",- ;, 1 By: _
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SB 5715B
By:
. (Title)
AttorneY-1n-Fact
Countersigned by ~ {2, W~
J R. Walker
Macon, Georgia
(Seal)
(Se,al)
Labor and Material Payment Bond. This bond is issued
simultaneously with Per',....~mance Bond F.9633E - (3/82).
Revised to February, 1970
F.9635A (11/92)
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GREA~mcA.N:
IItSURANCE COMPANIES
TERRORISM COVERAGE RIDER .
NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
- ,
, The Terrorism Risk Insurance Act of 2002 establishes a program within the Department
ofthe Treasury, under which the federal government shares, with the insurance industry,
the risk ofloss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. 545 60 46 , effective
In accordance with the Terrorism Risk Insurance Act of2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Government, Department ofthe Treasury, will pay a share ofterrorism
losses insured under the terms ofthe Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage PartJPolicy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
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GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET . CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
No. 017456
POWER OF ATTORNEY
KNOW ALe MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized and existing
under and by vinue of the laws of the State of Ohio. does hereby nominate. constitute and appoint the person or persons named below its tme and lawful attorney-
in-fact. for it and in its name. place and stead to execute in behalf of the said Company. :l~ surety. any and all bonds. undertakings and contracts of suretyship. or
other wl;tten obligations in the nature thereof; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
Name
Address
Columbia. South Carolina
Columbia. South Carolina
Limit of Power
all unlimited
Barbara H. Register
Herben L. DeCuers
John R. Walker
Macon. Georgia
This Power of Attoll1ey revokes all previous powers issued in behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropliate
officers and its corporate seal hereunto affixed this 10th day of June 2002
Attest GREAT AMERICAN INSURANCE COMPANY
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STATE OF OHIO. COUNTY OF HAMILTON - ss: DOUGLAS R. BOWEN (513.369.3811)
On this lOth day of June. 2002 . before me personally appeared DOUGLAS R. BOWEN. to me known.
being duly sworn. deposes ,fid says that he resides in Cincinnati. Ohio. that he is the Divisional Senior Vice President of the Bond Division of Great American
I nsurance Company. the Company described in and which executed the above instnnnent: that he knows the seal of the said Company: that the seal affixed to the
said instrument is such corporate seal: that it was so affixed by authOlity of his ornce under the By-Laws of said Company. and that he signed his name thereto by
like aUlhorily.
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This Power of Attomey is grallled by authOlity of the following resolutions adopted by the Board of Directors of Great Ame,;can Insurance Company
by unanimous written consent dated l\'larch 1. 1993.
RESOLVED: That the Division President. the several Division Vice Presidellts and AssisUlIlt I'ICC Presidellts, or anyone oj them. be and hereby is
allthori;.ed. fivm lime to time. 10 appoillt one or more Attol1leys-in-Factto exeellte on behalf of the Company. as suretv, (II1Y (lI1d all bonds. undertakings and
eOlllmct.f of suretyship. or other written obligations in the nature thereof: to prescribe their respective duties and the respective limits of their authority: and to
revoke any such appoilltmellt at any time.
RESOLVED FURTHER: That the Company seal and the signature oj any oj the aforesaid officers ami any SecretalY or Assistant Secretw)" oj the
Company may be cdjixed by facsimile to any power (if attomey or cert({icate o{either gil't!llfor the executiou of allY bOlld. undertakillg, contract or surervship. or
other HTittell obligation ill the lIatllre thereoj: slleh signa/lire alld seal when sO.used being hereby adopted by the Compall)' as the original signatllre of such (~f(iecr
and the origillal seal oj the Company. to be valid and billding upon the Company with the someforee and ('}Ject as though manually aftixed.
CERTIFICATION
1. RONALD C. l-L","YES. Assistant Secretary of Great American Insurance Company. do hereby celtify Ihatthe foregoing Power of Attorney and the
Resolutions of the Board of Directors of March I. 1993 have not been revoked and are nO\1i in full force and effect.
Signed and sealed this
day of
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S 1029T (11/01)
\HHiam St''t"rr-wn
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYY)
10(20(03
'Pf\ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Davis-Garvin Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO Box 21627 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Columbia, SC 29221-1627 I
800845-3163 I INSURERS AFFORDING COVERAGE
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INSURED INSURER A: Capital City Insurance Company
Beam's Contracting, Inc INSURER B: Hartford Insurance Company
2335 Atomic Road INSURER C:
Beech Island, SC 29842 INSURER D:
J INSURER E: -
. Client#: 4703
BEAMSCON
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSiANDING
ANY REQUIREMENT, 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.
INSR TYPE OF INSU.RANCE POLICY NUMBER POLICY EFFECTIVE p~~fJ (~lrf,'~~lt'~IN LIMITS
LTR DATE IMMlDDIYYI
A GENERAL LIABILITY 08CLOO0845 04/01/03 04(01/04 EACH OCCURRENCE $1,000,000
'---;
X I COM M ERCIAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) $100,000
I CLAIMS MADE W OCCUR MED EXP (Anyone person) $5 000
,;. $1,000 000
PERSONAL & ADV INJURY
,-
GENERAL AGGREGATE $2 000 000
-
GEN'L AGGREGATE L1M IT APPLIES PER: PRODUCTS .COMP/OP AGG $2.000,000
I .nPRO- nLOC
POLICY JECT
A AUTOMOBILE LIABILITY 08CA00846 04/01/03 04/01/04 COMBINED SINGLE LIMIT
- $1,000,000
X ANY AUTO lEa accident)
-
ALL OWNED AUTOS BODILY INJURY
-- $
SCHEDULED AUTOS (Per person)
IE HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident) $
~ I i
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ -
q ANY AUTO OTHER THAN EA ACC $
I AUTO ONLY: AGG $
A EXCESS LIABILITY 08CUL005351 04/01/03 04/01/04 EACH OCCURRENCE $5 000 000
tKJ OCCUR D CLAIMS MADE AGGREGATE $5 000 000
.. $
~ DEDUCTIBLE I I $
i X I RETENTION $10000 $
A WORKERS COMPENSATION. AND 08WCOO0540 04/01/03 04/01/04 X 1-ro~~[~~~H~ I IOJ~-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $500,000
E.L.DISEASE . EA EMPLOYEE $500,000
I E.L. DISEASE - POLICY LIMIT $500,000
B OTHER Leased or 22MSBE1528 04/01103 04(01/04 $200,000 Limit
'.
Rented Equipment $2,500 Deductible
DESCRIPTION OF OPERATlONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: ARC Drainage Improvements Project No. 322-04-2018i3101
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Augusta-Richmond County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30_DAYSWRITTEN
Commission Council NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAlLURE TODOSOSHALL
530 Greene Street 1M POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR
Augusta, GA 30911 REPRESENTATIVES. .
AUTHORIZED REPR SENTA:)
I -r1...A'A 'bY j, :I/..P7A;~
I
ACORD 25-S (7/97) 1 of 2
#S108265/M97124
BHR
@ 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 alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (7/97)2 of.2 #Sl0826S/M97124
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LIST OF PROJECT DOCUMENTS
ARC DRAINAGE IMPROVEMENTS, PHASE I
Project No. 323-04-201823101
SECTION
PAGES
Instruction to Bidders
IB-I. thru IB-3
Georgia Prompt Pay Act
PPA-I
Minority and Economically
Disadvantaged Business Support
ME-I
Special ~onditions
, SP-I thru SP-6
Southern Natural Gas Easement
SNG-l
Agreement
A-I thru A-4
General Conditions
1 thru 33
Supplementary Conditions
SC-l thru SC-2
Proposal
P-l thruP-6
I Construction Exit
.-----~---. General-Notes' -.---.. ._~.,--_._----------
CE-l
G'-l thru G-16
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Traffic Control
TC-I thru TC-23
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, ,,' SECTIONIB
INSTRUCTION TO BIDDERS
IB-Ol
GENERAL
All proposals must be presented in a sealed envelope, addressed to the
Owner. The proposal must be filed with the Owner on or before the time stated in the
invitation for bids. Mailed proposals will be treated in every respect as though filed in
person and will be subject to the same requirements.
Proposals received subsequent to the time stated will be returned
unopened. Prior to the time stated any proposal may be withdrawn at the discretion of
the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids
have been opened, pending the execution of contract with the successful bidder.
IB-02
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature
and location of the work, the conformation of the ground, the character, quality and
quantity of the facilities needed preliminary to and during the prosecution of the work,
the general and local conditions, and all other matters which can in any way affect the
work or the cost thereof under the contract. No oral agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution ofthe
contract, shall affect or modify any.ofthe terms or obligations therein..
IB-03
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other prebid
documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to the
Purchasing Department, 530 Greene Street, Augusta, Georgia, 30911 and to be given
consideration must be received at least seven working days prior to the date fixed for the
opening of bids. Any and all such interpretations and any supplemental instructions will
be in the form of written addenda to the specifications which, if issued, will be sent to
the Augusta-Richmond County Purchasing Director at least five working prior to
the date fixed for the opening of bids. The Purchasing Director shall send by
certified mail with return receipt requested to all prospective bidders (at the respective
addresses furnished for such purposes), not later than three working days prior to the
date fixed for the opening of bids. Failure of arty 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.
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IB-04
PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the
bidder or ,his authorized representative. Any corrections to entries made on bid forms
should be initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid forms, unless
specific directions in the' advertisement, on the bid form, or in the special sp~cifications
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. '
A1ternati~e bids will'not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already
submitted will be allowed if submitted by telegraph prior to the time fixed in the
Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the
total amount of either the original,or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all
owners. Bids of corporations WIll be signed by an officer ofthe firm and his signature
attested by the secreta,ry thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-OS
BASIS OF AWARD
, The bids will be ,compared on the basis of unit prices, as extended, which
. will include and cover the furnishing of all material and the performance of all labor
requisite or proper, and completing of all the work called for under the accompanying
contract, and in the manner set foith and described in the specifications.
Where estimated, quantities are included in certain items of the proposal,
they are for the purpose of comparing bids. While they are believed to be close
approximations, they are not guaranteed. It is the responsibility of the Contractor to
check all items of construction. In case of error in extension of prices in a proposal, unit
bid prices shall govern.
IB-2
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IB-06
BIDDER'S OUALIFICATIONS
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 aIld data for this purpose as may be requested. The Owner
reserves .the right to rej ect 'any bid if the evidence submitted by the bidder or investigation
of him fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Part of the
evidence required above shall consist of a list of the names and addresses of not less than
, five (5) firms or corporations for which the bidder has done similar work.
IB-07
PERFORMANCE BOND
At the time of entering into the contract, the Contractor shall give bond to
the 'owner for the use of the owne~ and all persons ,doing work or furnishing skill, tools,
machinery or materials under or for the purpose of such contract, ~onditional for the
payment as they become due, of all just claims for such work, tools, m(ichinery, skill.and
terms, for saving the owner harmless from all cost and charges that may accrue on
account of the owner performing the work specified, and for compliance with the laws
pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the
owner and authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof, a
certified and effectively dated copy of the power of attorney.
IB-08
REJECTION OF BIDS
These proposals are asked fot'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 ifsuch action is deemed to be in the best
interest of the Owner.
IB-3
Prior to any material from this project being wasted or otherwise disposed of outside the
project limits the Contractor shall furnish the Engineer a copy of written permission,
signed by the property owner (or his authorized agent) describing the estimated amount
I- and type of material to be placed on said property. If any portland cement concrete,
_____---.:....____ asphaltic. cop.cre~e, W90<;!. Ot otl1er. such materials are to be wasted on the property, a copy
of the owner's inert landfill permit, issued by the Environmental Protection Division shall
. be furnished to the Engineer prior to-any such waste being removed from the project.
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GEORGIA PROMPT PAY ACT
This Agreement is intended by the Parties to, and does, supersede any and all provisions
of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11:-1, et seq,. In the event any
provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the
provision of this Agreement shall control.
All claims, disputes and other matters in question between the Owner and the Contractor
arising out of or relating to the Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond Count, Georgia. The Contractor, by executing this
Agreement, specifically consents to venue in Richmond County and waives any right to
contest the venue in the Superior Court of Richmond County, Georgia.,
Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to this Agreement and
Contractor specifically waives any claim to same.
NOTICE
All references in this document, which includes all papers, writings, drawings, plans or
photographs to be used in connection with this document, to "Richmond County Board of
Commissioners" shall be deemed to mean "Augusta Richmond County Commission-
Council and all references to "Chairman" shall be deemed to mean "Mayor".
DISPOSALS
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. In all cases, regardless of the material being wasted, a grading permit issued by Augusta
Richmond County must be furnished to the Engineer.
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MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County-Council to increase the
involvement of qualified minority and economically disadvantaged businesses in the
contracted work of County Government.
. In an effort to support this intention, this project is offered to ,all qualified firms.
The bids will be evaluated based on qualifications, price and construction time. With all
other items being considered equal, the contract, if awarded, will be awarded to a
minority and economically disadvantaged firm or a firm that has included such firms as
subcontractors on this proj ect.
The bidders shall include with their bid, a statement of qualification for
themselves and/or any qualified subcontractors explaining why they should be considered
a minority or economically disadvantaged firm. If the firm does not fall into this
category, no information is necessary.
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Revised 08/25/03
SCOPE:
ARC DRAINAGE IMPROVEMENTS, PHASE I
Project No. 323-04-201823101
SPECIAL CONDITIONS
This project includes drainage improvements in the Elliot Boulevard, Vassar
prive and 13th Street @ Walker Street areas (see Plans) in accordance with the
specifications and plaris. The Contractor shall supply all materials, equipment,
labor and supervision necessary to properly complete this project as specified.
TERMINI AND LENGTH:
, (See Plans)
ELLIOT BOULEVARD ACCESS:
The last order of work for this project shall be Elliot Boulevard. Access from the
. downstream end will involve using a portion of a Southern Natural Gas (SNG)
Company Easement. Please note that no work on the SNG Easement shall be
started until the contractor has given the SNG inspector, Chris Williams
@ 478-477-1221 the minimum 72 hour notice. This shall also be coordinated with
the ARC inspector. The criteria for using this SNG easement is detailed on pages
SP-4, SP-5 and SP-6. The contractor shall coordinate all work within, and
adjoining, the SNG easement with the Engineer and SNG reps. The contractor
shall not begin work in 'this area until SNG has physically located and flagged the.
two high pressure gas lines. The 15 Ft. Aggregate Surface Course (ASC) access
road shall be centered as near as practicalbetw-een the two existing gas lines.
As noted on pages SP-4; SP:..5 and SP-6, there will be no excavating in the
vicinity of the gas lines. A typical section is provided that will require a 15 Ft.
wide access road surfaced with a minimum of 4 inches of compacted ASC. The 4
inches of ASC shall notbe placed on any part of the access road until the project
is nearing completion and project related traffic will no longer be using the access
road. This should be the last item of work on that end of the project. The access
road will be located between the two gas lines except where the proposed access
road leaves the SNG easement and 'hlTIlS right onto the proposed access road.
Once the access road leaves the SNG easement the 15 Ft. wide ASC shall be
, placed approximately in the center of the 30 Ft. Permanent Easement with a
turnaround having a 60 Ft. radius at the upper end of the access road. The ASC
shall be placed on a 50 Ft.radius within the 60 Ft. graded radius.
SP-l
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Revised 08/25/03
As noted in item "5 on page SP-5, a gate with locks will be required. All work
directly involving the access road shall be included in the price bid for Lump Sum
. Construction which shall be broken down and included on pages P-5 and P-5A.
The access road must be maintained at all times during construction. ,
LUMP SUM CONSTRUCTION:
Item Number 230-1000 Lump Sum Construction includes, but is not limited to,
the following: Locating, maintaining and reclaiming borrow and/or disposal areas,
right of way considerations, construction staking, removals and relocations not .
covered by a separate pay item, excavation, sawing pavement, removing and
resetting of other obstructions and any other item not covered by a specific pay
item. (NOTE: see pages P-S & P-5A) .
CONSTRUCTION NOTES:
Grades are critical on this project. The Contractor shall use extreme care to
assure positive flow and no ponding.
CONSTRUCTION SCHEDULE:
The Contractor shall prepare schedules identifying the primary construction
activities and/or phases for constructing this project and a spendout schedule
showing the rate of anticipated monthly revenue. These schedules shall be
. presented at the Pre-Construction Conference.
UTILITY CONFLICTS:
_I___~_____.... The. Contractor. shall. .~oordinate_:~i~ ALL utility owners the providing of a
schedule addressing in detail, when, where, and how long each utility will be
involved in the utility conflict(s) resolution and/or relocation. Each utility will
provide input in compiling such schedule. This schedule must be compatible with
the construction schedule prepared and submitted by the Contractor.
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A weekly meeting including all utility reps, as selected by the Contractor and the
ARC Inspector, will be scheduled to address utility concerns.
SP-2
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Revised 08/25/03
AUGUST A-RICHMOND
SYSTEM:
WATER
COUNTY
UTILITIES
DEPARTMENT
No water valves, lines, or services shall be shut off or worked on without
notifying all property owners, businesses, and the Utilities Department 24 hours
in advance. A Utilities Department representative must also be present. Any
work done without notification to the Utilities Department will result in the
enforcement of the Augusta-Richmond County Municipal Code Sections 5-2-7
and 5-2-13, which regulates the unauthorized operation of the water system.
Violations of this ordinance, in accordance with Sections 5-2-40 arid 1-6-1, shall
be punishable by a fine not exceeding one thousand dollars or by imprisonment
not exceeding sixty (60) days in jail, either or both, in the discretion of the
presiding Magistrate Court Judge.
STAND OF PERMANENT GRASS:
If a satisfactory stand of permanent grass has not been obtained prior to, the Final
Inspection the contractor shall begin watering and continue watering until a
permanent stand of grass is accepted by the engineer. Water sources shall be
public streams. and/or farm ponds if Augusta Richmond County watering
restrictions prohibit other .sources. If for any reason watering is not a'viable
action, the contractor shall treat all unacceptable areas with loose sod as
prescribed in Subsection 700.08A and 700.08C. There will be no additional
payment for this work.
SP-3
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Southern
, ep Natural Gas
an EJ Paso company
May 15, 2003
, '. Mr; Thomas L. Atkins
Land Acquisition Agent
Augusta Richmond CountY
181-5 Marvin Griffin Road' ,
Augusta, Georgia 30906
Re:
03"0023-Encroachment: Access Road for
Richmond County Drainage Improvements
Along Elliott Boulevard (Phase I); So'uth
Main Lines @ MP 484. Richmond County. GA
Dear Mr. Atkins:
This Letter Agreement replaces the Agreement on the, same captioned dated April 15, 2003.
We have completed our review of the construction plans for the captioned project where
Augu~ta Georgia (Augusta) has designedandis proposing to'construct an accessroad,parallel
. 'approximately three hundred'sixty (360) feet within Southern Natural Gas Company's '
'(Southern) 90foot wic:h3 easemeritanc;l cross its high-pressure natural gas pipelines three times. '
the road will provide lii'nited access to Augustapersonnelthat would enable them to' maintain a
I section of the drainage project just off of Elliott Boulevard. The access road will affect .
_ ___, So~them's facilities in ~M~ 1 ~3., Richmon~_C~u~ Georgia ' ,
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Southern does not have objection to providing the access across its facilities provided'Augusta
and/or'its contractor(s) adhereto thE? following' recommendations and safety con~truction
requir~ments t~at pertain to Southern's gas' pipelines and easement:',
1. The existing cover over the ~as pipelines at the proposed locatic;>n of the. a'ccess road is 47
to 48 inches. For safety purposes, no cover is to be removed from Southern's E:las~ment. '
, ' ,
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2. To eliminate crossing both lines three times, Southern requests ,that the route be altered to
parallel between the gas pipelines rather. than on the southern boundary of the easement.
Southem.'s on-site representative will m~rk.:~he locations of the gas pipelines.
3. Augusta agrees not to make the road more than 15 feet wide and to place at least 4 inches
of crusher run rock over the road path.
Southem Natural Gas
1900 Afth Avenue North Birmingham, Alabama 35203
PO Box 2563 Birmingham: Alabama, 35202.2563 .
tel 205.325.7410 fax 205.325.7490
SP-4
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, Mr. Thomas L. Atkins
May 15, 2003
03-0023'
Page 2
4. Augusta agrees not to operate or move construction equipment exceeding 110,00.0 pounds
on the access road across Southern~s facilities. '
5. To limit access the 'area, Augusta agrees to construct a fence with a gate having two
interlocking locks at the entrance to the access road. Southern shall have possession of
" keys to one lock ahq Augusta shall-have possession of the other lock.
. . . . - .
, ,6'. Augusta .understands the sensitive nature of Southern's busiriess and recognizes that the
constructio"n"of the access road must be monitored. Therefore, Augusta agrees to pay the
cost of a third-party inspector, 'not to exceed $35 an hour (less travel) to monitor the
construction-actIvities on behalf of Southern. Unless otherwise changed by Southern's
district personnel on site, Southernwill pay the inspector and upon completion of allwor\<' ,
, , " within Southern's easement will prese'nt Augusta with a final bill, and Augusta wit!. reimburse,
Southern within thirty days (30).
,7. Augusta agree~ that before commen~irig with the initial construction of the access road or
future maintenance that may be required on the access road within Southern's 'easement, ,
Augusta shall notify Mr. Chris Williams, Southern's Savannah Area Operations Supervisor,
at478/477-1221 at lea~t 72 hours prior to allow him adequateti,iTle to make arrangements to
have ~n inspector on site. . '
,8. Augusta recognizes and agrees that Southemis consent herein set forth does not constitute
. and shall not be construed as ',an express or implied grant or assignment of any of .
Southern's right, title, or interest in odo its easement-hereih described; and the continuing
encroachmeht of the access road upon said easement shall not create in Augusta any right,
or claim by prescription, implication, adverse possession, or otherwise; and tha,t neither
Southern's consent nor any operations conducted or constnictiondcine pursuant thereto
shall serve to subrogate any of Southern's aforesaid right, title, or interestto any right, title" "
or interest of Augusta in and to the portion ,of Southern's easement affected "hereby.
, '
, If the aforementioned terms and conditions me,et with your acceptance,please have Ms., Teresa
, C. Smith sign in the space de:;ignated below an'd return one of the two originals in the enclosed
" self addressed envelope prior to commenCing any construction across or'in Southern's '
t .' .
easem.ent. '
SP-5
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Mr. Thoma's L. Atkins
May 15, 2003
03-0023
Page 3
, If you have 'anY q'uestions please don't hesitate to telephone Mr. Williams at the above'
telephone number or myself at 205/325-7403. ' ,
Very truly yours, '
.~~
Encroacl:lment Coordinator
Enclosures'
AGREED AND ACCEPTED this
day of
,2003.
Augusta, Georgia' Public Works and
Engineering Department
By: Teresa C. Smith, P.E. .
Title: Director
cc: Chris Williams
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SECTION A
AGREEMENT
THIS AGREEMENT, made on the ~ day of fh..F , 20.!23by and between
Augusta-Ridmw1'ld C5tlHty Cel11Il"l-iggion COl:lflcil . G eA."-r"C",
party of the first part, hereinafter called the OWNER, and
~eosns ~~O-~n~) :I;,C-.
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter
names, agree as follows:
ARTICLE 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:
ARC DRAINAGE IMPROVEMENTS, PHASE I
Project No. 323-04-201823101
And in accordance with the requ~rements and provisions of the Contract Documents as
defined in the General and Special Conditions hereto attached, which are hereby made a
part of this agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
.. Th.~. work to b~ p~rfon.:rH;~~,_ ~d~~_.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 ...11L 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 ~ontractor and
the Owner, that the date of beginning, rate of progress and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor
agrees that said work shall be executed regularly, diligently, and uninterruptedly at such
rate of progress as will insure full completion thereof within the time specified. It is
expressly understood and agreed by and between the Contractor and the Owner, that the
time for completion of the work described herein is a reasonable time for completion of
the same, taking into consideration the average climatic range and construction
conditions prevailing in this locality. .
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IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE
- .
THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does
hereby agree, as a part of the consideration for the awarding of this contract, to pay the
Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated
damages for such breach of contract as hereinafter set forth, for each and every calendar
day that the contractor shall be in default after the time stipulated in the Contract for
completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the
Owner _because of the impracticability and extreme difficulty of fixing and ascertaining
the actual damages the Owner would, in such event, sustain, and said amounts shall be
. retained from time to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this
Contract and the specifications wherein a definite portion and certain length of time is
fixed for the additional time is allowed for the completion of 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 Conrnactor for the performance of the contract
the amount as stated in the Proposal and Schedule ofItems. No variations
shall be made in the amount except as set forth in the specifications
attached hereto. .
(b)
Progress Payment
No later than the fifth day of every month, the Contractor shall submit to
the Owner's Engineer,. an estimate covering the percentage of the total
amount of the contract which.- has been completed from the start of the job
up to and including the last working day of the proceeding month, together
with such supporting eyidence 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 forthip. the Bid Schedule.
On the vendor run, following approval of the invoice for payment, the
owner shall after deducting previous payments made, pay to the
Contractor 90% of the amoUnt of the estimate on units accepted in place.
The 10% retained percentage may be held by the Owner until the final
completion and acceptance of all work under the Contract.
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Revised (7/119.9) -
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 <;ontractor, and the Engineer,
so certifies, the Owner shall upon certification of the Engineer, and
without terminating the contract, make payment of the balance due for that
.. portion of the work fully" completed and accepted.
(e) Notwithstanding any provision of the General Conditions, there shall be
no substitution of materials or change in means, methods, techniques,
sequences or procedures of construction that are not determined to be
equivalent to those indicated or required in the Contract Document,
without an Amendment to the Contract..
Each payment shall be inade under the terms' and conditions governing
final payment, except that it shall not constitute a waiver of claims.
A-3
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I CONTRACTOR:'&an\., QWMO-C-\u.V'6 ~C - SEAL
By: 4~- - - ~. /LJ
I Title: P~'t:Lr- ~~
Secretary .
:____~~S~9336~:~!~~)~:C_~~L WilneS~ h
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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. -
6:'~~a-
. AUGUST A.-RIC ID COUI-JTY
Co.M~MIS8ION COUNCIL
(Owner)
SEAL
-~
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Commission-Council
,.,;
k.. "/, -. -. - <
'-7,.-:- -'. .
W~ t) ~;;lif-~'--
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number Title Page
DEFINITIONS...................................................... 7
2 PRELIMIN AR Y MA TIERS ............................:........... 8
3' CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE........,...................... 9
4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS............. ............ .... .. . . ... :......... 10
,5 BONDS AND INSURANCE ........................................ 11
6 CONTRACTOR'S RESPONSIBILITIES............................ 14
7 OTHER WORK............................. ........................ 18
8 OWNER'S,RESPONSIBILITIES .................................... 19
9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19
10 CHANGES IN THE WORK ......................................... 21
11 CHANGE OF CONTRACT PRICE.................................. 21
12 CHANGE OF CONTRACT TIME. .. .. ...... .. . . ...... . . ........ .... 24
___..Jl_., WARRANTY_AND. GUARANTEE:.TESTS.AND . ...,
INSPECTIONS: CORRECTION. REMOV AL OR
ACCEPTANCE OF DEFECTIVE' WORK... ........... .. '. .. ........ 24
14 PA YMENTS TO CONTRACTOR AND COMPLETION ............ 26
15 SUSPENSIO/'./ OF WORK AND TERMINATION....... .......... 29
16 ARBITRATION........... ,......................................... 31
17 MISCELLANEOUS . .. . .. . . . .. . . .. . .. . . . .. .. .. .. .. . .. . . .. . . .. .. . .. .. 32
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INDEX TO GENERAL CONDITIONS
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Article or Paragraph
Number
Acceptance of Insurance ............................. 5.13
Access to the Work .....................,............ 13.2
Addenda--<ietinition of (see definition of
. Specifications) ..:...................................... 1
Agreement--<iefinition of .....................:.......... 1
All Risk. Insurance .......... ................ ........... 5.6
Amendment. Wrinen ............................... 1. 3.1. 1
Application for Payment--<iefinition oi.. .. .............. 1
Application for Payment. Final ...................... 14.12
Application for Progress Payment.....;.... .......... '14.2
Application for Progress Payment-re'liew of ... .14.4-14.7
Arbitration ............................................. 16
Authorized Variation in Work......................... 9.5
A vailability of Lands .................................. 4.1
A ward. .Notice of--<ietined ...:.......................... 1
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Befor~ Starting Construction ...................... 2.5-2. i
Bid-<iefinition of ....................................... 1
Bonds and Insurance-in general ........................ 5
Bonds-definition of . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . .. 1
Bonds. Delivery of ................................ 2.1.5.1
Bonds. Performance and Other.................... 5.1-5.2
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Cash Allowances ..................................... 11.8
Change Order-<iefinition of .............................. 1
Change Orders-to be executed ...................... 10.4
Changes in the Work ....... ..... .. ....... ............... 10
Claims; Waiver of--on Final Payment ............... 14.16
Clarifications and Interpretations ..................:.... 9.4
Cleaning ....:........................................ 6.1-i
Completion. .. . . :. .......... ............. ... .....;...... 14
Completion. Substantial......................... 14.8-14.9
Conference. Preconstruction ............:............. 2.8
Conflict. Error. Discrepancy-Contractor
to Report ...................:................... 2.5. 3.3
Construction Machinery. Equipment. etc. ..........;.. 6,4
Continuing Work.....:....: .,.:.."."..:..:..:..:...:.,..:..:.:.-0.:.....'-":.,: .:6~22._
Contract Documents--amending and' .
supplementing ............ ............. .......... 3.4-3.5
Contract Documents-definition of ....................... 1
Contract Documents-Intent ...............:...... 3.1-3.3
Contract Documents-Reuse of ...................;... 3.6
Contract Price. Change of ........................:..... 11
Contract Price-<iefinition' .......................:.....;.. I
Contract Time. Change of .............................. i2
Contract Time. Commencement of .........:.......... 2.3
Contract Time-detlnition of ............... .'........ .. .. 1
COntractor--<1elinition of ..................::............ I
Contractor May Stop Work or Terminate ..,.......... 15.5
Contractor's Continuing Obligation.................. 14.15
Contractor's Duty to Report Discrepancy
in Documents ................................-.. 2.5.3.2
Contractor's Fe.:-Cost Plus ... 11.4.5.6. 11.5.1. 11.6-1 I. '7
Contractor's Liability Insurance....................... 5.3
Contractor's Responsibilities-in general ................ 6
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Contractor's Warranty of Title ........................ 14.3
Contractor~ther ...................................... 7
Contractual Liability Insurance......... ............... 5.4
Coordinating Contractor-<lefinitionof ................ 7.4
Coordination .......................................... 7.4
Copies of Documents. .......... .. ........ ............. 2.2
Correction or Removal of Defective Work ........... 13.J],
Correction Period. One Year ........................ I3 .12
Correction. Removal or Acceptance of Defective
Work-in general ........................... 13.11-13.14
Cost-net decrease............... ....;............. 11.6.1
Cost of Work..................................... 11.4-11.5
Costs. Supplemental. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I 1.4.5
Day--<iefinition of ..............................:........ I
Dejective-<lefinition of ,........ .... ...... ............... I
Defective Work. Acceptance of ...................... 13.13
Defective Work. Correction or Removal of .......... 13.1 1 '
DefecriveWork-ingeneral .:............. 13.14.7.14.11
Defective Work, Rejecting..... .. ...... ........ .. .. .... 9.6
Definitions .................,............................ I
Delivery of Bonds' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.1
Determination for Unit Prices ........................ 9.10
Disputes. Decisions by Engineer................. 9.11-9.12
Documents. Copies of ........ .. .. .. . .. .. .. .. . .. .. .. ... 2.2
Documents. Record .................................. 6.19
Documents. Reuse .................................... 3.6
Drawings-definition of ................................. 1
Easements ............................................ 4.1
Efl"ective date of Agreement--definition of..... .... .. .... 1
Emergencies ......................................... 6.11
Engineer-<letinition 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. Contractor's-Costs Plus....... ................. 11.6
Field Order-:.oefinition of ............................... 1
Fii:ld Order-issued by Engineer ................ 3.5.1.9.5
Final Application for Payment....................... 14.12
Finai'Inspection ........................ no.... ... ... 14.11
Final Payment and Acceptance ...................... 14.13
Final Payment. Recommendation of ........... 14.13-14.14
General Provisions .............................. 17.3-17.4
General ReQuirements-definition of.. :........... .. .... .. 1
General Requiremenls-principal
references 10 ................. 2.6. 4.4. 6.4. 6.6-6.7. 6.23
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Giving Notice............... ......................... 17.1
Guarantee of Work-by Contractor................... 13.1
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Indemnification. .. .. .. .. .... .. .. .. .. .. .. .... 6.30-6.32, 7.5
Inspection. Final .:............ ..-.................... 14.11
Inspection;Tests and... .. ............................. 13.3
Insurance, Bonds and-in general ........... '.......... .. 5
Insurance, Certificates of ........................... 2.7, 5
Insurance~ompleted operations...................... 5.3
Insurance, Contrac.tor's Liability ...................... 5.3
[nsurance. Contractual Liability .........".............. 5.4
hisurance, Owner's Liability .......................... 5.5
Insurance. Property .............................. 5.6-5.13
[nsurance.-Waiver of Rights ......................... 5.11
[ntent of Contract Documents ................... 3.3, 9.14
[nterpretations and Clarifications ...................... 9.4
[nvestigations of physical conditions....... ............ 4.2
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Labor, Materials and Equipment .................. 6.3-6.5
Laws and Regulations--<Jefinition of ... . . . . . . . . . . . . . . . . " 1
Laws and Regulations-general. . . . . . . . . . . . . . . . . . . . . .. 6.14
Liability Insurance-Contractor's ..................... 5.3
Liability Insurance-Owner's .......,............... .'. 5.5
Liens--<Jefinitions of ................................ 14.2
Limitations on Engineer's
Responsibilities ..................... 6.6.9.11. 9.13-9.16
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Materials and equipment-furnished by Contractor .... 6.3
Materials andequipm~nt-not
incorporated in Work .............................. 14.2
Materials or equipment-equivalent ................... 6.7
Miscellaneous Provisions ............................... 17
Mul,ti-prime contracts ................................... 7
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Notice, Giving of. .............,...................... 17.1
Notice of Acceptability of Project ................... 14.13
Notice of A ward~efinition of .......................... I
Notice to Proceed~efinition of .. . .. .. . .. . .. . .. .. . ...... 1
Notice to Proceed-giving of .......................... 2.j
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"Or-Equal" Items.......................... ............ 6.7
,Other contractors ....................................... 7
Other work '... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Overtime Work-prohibition or-:. ::-:.-:-:-::::-:-:~:-:'::~': .u'6.3~
Owner~efinition of .................................... 1
Owner May Correct Defective Work................. 13.14
Owner May SlOp Work. . . ." ..... ..... ....,. ..... .:. 13.10
Owner May Suspend Work. Terminate .......... 15.1-15A
Owner's Duty to Execute Change Orders............. 11.3
Owner's Liability Insurance.......................:... 5.5
Owner:s Representative-Engineer to serve as ........ 9.1
Owner' S' Responsibilities-in general ...................: 3
Owner's Separate Representative at site .............., 9.3
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Partial Utilization .......................;.......... 14.10
Partial Utilization-definition of ............... ........... 1
Partial Utilization-Property Insurance............ .... 5.15
Patent Fees and Royalties ............................ 6.12
Payments. Recommendation of ......,.... 14.4-14. i. 14.13
Payments to C\Jntractor-in general .................... 14
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Payments lO Contractor-when due ........... 14.4, 14.13
Payments to Contractor-withholding ................ 14.7
Performance and other Bonds ..................... 5.1-5.2
Permits.. ..... ......... .. .............................. 6.13
Physical Conditions ................................... 4.2.
Physical Conditions-Engineer's review .......,..... 4.2.4
Physical Conditions--cxisting structures.. . . . .. . . .. .. 4.2.2
Physical Conditions--cxplorations and reports....... 4.2.1
Physical Conditions-possible document change ..... 4.2.~
Physical Conditions-price and time adjustments .... 4.2.5
Physical Conditions-report of differing ............. 4.2.3
Physical Conditions-Underground Facilities .......... 4.3
Preconstruction Conference ........................... 2.8
Preliminary Matters ..................................... 2
Premises. Use of ................................ 6.16-6.18
Price, Change of Contract .............................. 11
Price-Contract-definition of ............................ I
Progress Payment. Applications for........... ........ 14.2
Progress Payment-retainage .......,........,........ 14.2
Progress schedule ............... 2.6,2.9,6.6.6.29, 15.2.6
. Project--definition of .................................... I
Project Representation-provision for .................. 9.3
Project Representative, Resident--definition of ,......... I
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 Exclusive ............................. 17.4
Removal or Correction of Defective Work ........... 13.11
Resident Project Representative-definition of ........... I
Resident Project Representative-provision for... ..... 9.3
Responsibilities, Contractor's--in general ............... 6
Responsibilities. Engineer's-in general ................. 9
Responsibilities. Owner's-in general..............:..... 8
Retainage ............................................ 14.:2
Reuse of Documents .................................. 3.5
Rights of Way ................,........................ 4.1
Royalties. Patent Fees and ........................... 6.1:2
Safety and Protection ....... 6.20-6.21, 18.1-18.2
Samples....... ... . ...... .. ... ..:. ........ .'. ..... 6.:23-6.28
Schedule of progress ........ 2.6, 2~8.2.9. 6.6. 6.29. 15.2.6
Schedule of Shop Drawing
submissions. ..................... 2.6. 2.8-2.9. 6.23. 14.1
Schedule of values ...................... 2.6,2.8-2.9. 14.1
Schedules. Finalizing .................................. 2.9
Shop Drawings and Samples. . . . . . . . . . . . . . . . . . . .. 6.23-6.28
Shop Drawings-definition' of . . . . . . . . . . . . . . . . . . ... , . . . . .. I
Shop Drawings. use to approve
substitutions ......;...........;.................... 6.7.3
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Site, Visits to-,...by Engineer ........................... 9.2
Specifications---<iefinition of .. . . . . . . . . ~ . . . . . . . . . . . . . . . . .. 1
Starting Construction. Before.. . . . -: . . .. . . . . . . . . . . .. 2.5-2.8
Starting the Project ..................................... 2.4
Stopping Work-by Contractor....................... 15.5
Stopping Work-by Owner.......................... 13.10
Subcontractor-<iefinition of ............................. 1
Subcontractors-in general .................... ~ . .. 6.8-6.11
Subcontracts-required provisions ............ 5.11.1. 6.11
, . 11.4.3
Substantial Comp1etion-cenification of .............. 14.8
Substantial Completion-definition of. . . .. . .. . . . . . . . . . . .. 1
Substitute or "Or-Equal" Items...............::...... 6.7
Subsurface Co~ditions . . . . . . . . . . . . . . . . .. . . . . _ . . . . .. 4.2-4.3
Supplemental costs .................................. 11.4.5
Supplementary Conditions-definition of ................ 1
Supplementary Conditions-principal
references to .. 2.2.4.2,5.1. 5.3. 5.6-5.8. 6.3. 6.13: 6.23,
7.4,9.3
Supplementing Contract Documents ............... 3.4-3.5
Supplier-<iefinition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
Supplier-principal references to ... 3.6.6.5,6.7-6.9.6.20,
6.24.9.13.9.16.11.8.13.4,14.12
Surety-consentto payment.................. 14.12, 14.14
Surety-Engineer has no duty to ..................... 9.13
Surety-notice to .. .. .. .. .. . .. . .. . .. .. ..... 10.1. Hi.5. 15.2
Surety-qualification of ........................... 5.1-5.2
Suspending Work. by Owner ......................... 15.1
Suspension of Work and Termination-in general....... 15
Superintendent-Contractor's ......................... 6.2
Supervision and Superintendence .................. 6.1-6.2
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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
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Time. Computation of .................. _ . . . . . . . . . . . .. 17.2
Time. Contract-<iefinition of ..... .... ........ ~. .. ....... 1
Uncovering Work ............................... 13.8-13.9
Underground Faci1ities-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......... 4.3.1
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 parties ....... ...... 5.10. 6.11
Warranty and Guarantee-by Contractor.... ~........ 13.1
Warranty of Title. Contractor's.....:................. 14.3
Work, Access to ....................................,' 13.2
Work-by others .......................,................. 7
Work Continuing During Disputes .................... 6.29
Work. Cost of ................................... ! 1.4-1 1.5
Work-<iefinition of ..................................... 1
Work Directive Change....:..(jefinition of ................... 1
Work Directive Change-principal .
references to ............................ 3.4.3. IO. 1-10.2
Work. Neglected by Contractor ..................... 13.14
Work. Stopping by Contractor........................ 15.5
Work. Stopping by Owner. .. ... ..... .. . ...... ... 15.1-15.4
Written Amendment-definition.of ...................... 1
Written Amendment-principal
references to ..................... 3.4.1. 10.1. 11.2. 12.1
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GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
Addenda-Written or graphic instruments issued prior to the
opening of Bids which clarify. correct or change the bidding
documents or the. Contract Documents.
.-\greemem- The written agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to the Agreement and made
a parr thereof as provided therein.
Applicatioll j(Jr Paymellt- The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porring . documentation as is required by the Contract
Documents. .
Bid-The offer or proposal of the bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed.
BOllds-Bid. performance and payment bonds and..other
instruments of security.
Change Order~A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition. deletion or re'lision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
on or after the Effective Date of the Agreement.
COll!racr Docl/mellts- 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 3.4 and 3.5 on or after the Effective Date of the
Agreement.
COlltract Pr;ce- The moneys payable by OWNER to CON..
TRACTOR l)mier the Contract Documents as Slated in the
Agreement (subject to the provisions of paragraph 11.9.1 an
the case of Unit Price Work).
COlltroct Time-The number of days (computed as provided
in paragraph 17.2) or the date stated in the Agreement for the
completion of the Work.
CONTRACTOR-The person. firm or corporation\vith whllm
OWN ER has entered into the Agreement.
defectil'e-An adjective which when mollifying the word Work
refers to Work that is unsatisfactory. faulty or deficient. or
does not conform to the Contract Documents..or does not
meet the requirements of any inspection. reference standard.
test or approval referred to in the Contract Documents. or
has been damaged .prior to ENGINEER's recommendation
of final payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.10).
Drall'ings- The drawings which show tht: character and scope
of the Work to be performed and which have been prepared
or approved by ENGINEER and are rekrred to in the Con-
tract Documents.
Effectil'e Dme of tlte Agreemelll- The date indicated in the
Agreement on which it becomes effective. butif no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
E;VGIN EER- The person. firm or corporation named as such
in the 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 Regulations: Lall's or Regulatiolls-Laws. rules.
regulations. ordinances. codes and/or orders. .
Nutice of.-\ lI.ard- The written notice by OWNER to the
apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein. withiri the time specified. OWNER will
sign and deliver the Agreement.
Nutice to Proceed-A written nOlice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the date
on which the Contract Time will commence to run and on
which CONTRACTOR shall start to ~erform CONTRAC-
TOR'S obligations under the Contract Documents.
OWN ER- The public body or authority. corporation. asso-
ciation. firm or person with whom CONTRACTOR has entert:d
into the Agreement and forwhom the Work is to be provided.
Partial Utili;:arioll-Placing a portion of the Work in service
for the purpose for which il is intended (or a related purpose)
before reaching Substantial Completion for all the Work.
Prvject- The total construction of which the Work to be
. provided under the Contract Documents may be the \....hole.
or a part as indicatt:d elsewhere in the Contract Documents.
Rt'sidelll Project Represelllotil'e- The authorized represen-
tative of ENGINEER who is assigned to the site or any part
thereof. .
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Shop Drawings-All drawings, diagrams. illustrations,
schedules and other data which are specifically prepared by
or for CONTRACTOR to illustrate.some portion of the Work
and all illustrations. brochures. standard schedules. perfor-
mance charts. instructions,. diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to
illustrate material or equipment for some portion of the Work.
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Specifications-Those portions of the Contract Documents
consisting of written technical descriptions of materials,
equipment, construction systems, standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
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Subcontractor-An individual, firm 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.
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~ubstantiai Completion.,- The Work (or a specified pan thereoO
has progressed to the point where. in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion, it is sufficiently complete. in
accordance with the Contract Documents. so that the Work
(or specified part) can be' utilized for the purposes for which
it is intended; or if there be no such certificate issued, when
final payment is due in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially com-
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
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Supplementary Conditions-The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
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Supplier-A manufacturer. fabricator. supplier. distributor,
materialman or vendor.
Underground Facilities-All pipelines. conduits. ducts. cables.
I wires. manholes. vaults. tanks, tunnels or other sUCh.faCilities
or attachments, and .any encasements containing sl!ch fa.cil=--.
..'-- ities which have been installed underground to furnish any of
I the following services or materials: electricity. gases. steam.
liquid petroleum products, telephone or other communica-
tions. cable television, sewage and drainage removal. traffic .
or other control systems or water.
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Unir Price Work-Work to be paid for on the basis of unit
pnces.
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Work-The entire completed construction or the various'sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
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Work Directive 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,
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ordering an addition, deletion or revision in the Work. or
responding to differing or unforeseen physical conditions under
which the Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
Directive Change may not change the Contract Price or the
Contract Time, but is evidence that the parties expect that
the change directed or documented by a Work Directive
Change will be incorporateo in a subsequently issued Change
Order following negotiations by the parties as to its effect. if
any. on the Contract Price or Contract Time as provided in
paragraph 10.2.
Written Amendmenr-A written amendment of the Contract
Documents, signed by OWNER and CONTRACTOR on or
afterthe Effective Date of the Agreement and normally deal-
ing with the nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish.to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as' are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished. upon request. at the cost of reproduction.
Commencement of Contract Tim.e: Notice 10 Proceed:
2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
.Notice to Proceed. A Notice to Proceed may be given at any
time within thirty days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
StDrting 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 Suuting Construction:
2.5. Before undertaking each part of the Work. CON-
. TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
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thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy w~ich CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby: however. CONTRACTOR shall not be lia-
.ble to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents.
unless CONTR..'\CTOR had actual knowledge thereof or should
reasonably ha ve known thereof.
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2.6. Within ten days aflerthe Effective Date of the Agree-
ment (unless otherwise specified in the General Require-
mentSJ. CONTRACTOR shall submit to ENGINEER for
revIew:
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2.6. I. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
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2.6.2. a preliminary schedule of Shop Drawing sub-
missions: and
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2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Co.ntract Price and will subdivide the Work
into component pans in sufficient detail to serve as the
basis for progress payments during construction. Such
prices wil! include an 'appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in \....riting by CONTRACTOR at the time of sub-
mission.
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2.7. Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
certificates land other evidence of insurance requested by
OWNER) which CONTRACTORis required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4. and
. OWNER shall deliver to CONTRACTOR certificates (and
I other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
- ---- accordance with paragraphs 5.6 and5.7.. '" .:.__.......~
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Preconstruction Conference:
2.8. 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 others as appropriate will beheld to discuss the
schedules referred to in paragraph 2.6. to discuss procedures
for handling Shop Drawings and other submittals and for
processing .-\pplica[ions for Payment. and to establish a working
understanding among the parties as to [he Work.
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Finali:.ing Schedules:
2.9. At Icast ten days before submission of the first Appli-
cation for Pa\'ment a .::onference altended by CONTRAC-
TOR. ENGINEER and others as appropriate will be held to
finalize [he;: ~.:hedules submitted in accordance with para-
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graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within .the Contract Time. but such
acceptance will neither impose on ENGINEER responsibility
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
Intent:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complet~ Project (or part thereot) to be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being requited to produce
the intended result will be supplied whether or not specifically
called for. When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes of any technical society. organization or association.
or to the Laws or Regulations of any governmental authority.
whether such reference be specific or by implication. shall
mean the latest standard specification. manual. code or Laws
or Regulations in etfect at the time of opening of Bids lor. on
the Effective Date of the Agreement if there were no Bidsl.
except as may be otherwise specifically stated. However. no
provision of any referenced standard specification. manual
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER. or any of their consultants. agents or employ-
ees from those set 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 paragraph 9.15 or 9.16.
Clarifications and interpretations of the Contract Documents
~hall be issued by ENGINEER as provided in paragraph 9.4.
3:3; If. during the performance of the Work. CONTRAC-
TOR finds a contliet. error or discrepancy in the .Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing at once and before proceeding with the Work atfected
thereby shall obtain a written interpretation or clarification
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, from ENGINEER: however. CONTRACTOR shall not. be
liable to OWNER or ENGINEER for failure to report any
contlict. error or discrepancy in the Contract Documents
unless CONTRAcTOR had actual knowledge thereof or should
reasonably have 'known thereof.
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Amending and Supplementing Contract Documents:
3:4. The Contract Documents may be amended to pro-
vide for additions. deletions and re'lisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways:
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3.4.1.
a formal Written Amendment,
3.4.2. a Change Order (pursuant to paragraph 10.4),
or
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3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
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As indicated in paragraphs 11.2 and 12.1. Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
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3.5. In addition, the requirements of the Contract.Docu-
ments may be supplemented. and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
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3.5.1. a Field Order (pursuant to paragraph 9.5).
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3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27). or
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3.5.3. EN G IN EER' s written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
I Reuse of Documents:
3.6. Neither CONTRACTOR nor ~ny Subcontra~t~r ~o~__,.~
-..-..- Supplier or other person or organizaiion 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 thereoO 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.
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ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL
CONDITIONS: REFERENCE POINTS
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A llailabilily of Landi:
4. I. OWNER shall furnish. as indicated in the Contract
Documents. the lands upon. which the Work is to be per-
formed. rights-of-way and easements for access thereto. and
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such other lands which are 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 materials and
equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. 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 paragraphA.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in ,the immediately preceding sentence and in
paragraph 4.2.6. CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
10 such structures.
4.2.3. Report of Differing Conditions: If CONTRAC-
TOR believes that:
4.2.3. I. ' any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4.2.1
and 4.2.2 is inaccurate: or '
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated. reflected or referred to in the Contract Docu-
ments.
CONTRACTOR shall. promplly after becoming aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by para-
graph 6.22). notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
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4.2.4. ENGINEER's Rl!I'if!lI': ENGINEER will
promptly review the pertinent conditions. determine the
necessity of obtaining additional explorations or tests with
respect therelO and advise OWN ER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.
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4.2.5. Possihle Document Change: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to reflect and document the
,. consequences of the inaccuracy or difference.
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4.2.6. Possihle'Pricf! and Time Adjusrmellls: In each
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles i I and 12.
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Physical Conditions-Underground Facilities:
4.3.1. Sholl'n or Indicated: The information and data
shown or indicated in the Contract Documents_with respect
to existing Underground Facilities at or contiguous 10 the
site is based on information and daia furnished 10 OWNER
or ENGINEER by the owners of such Underground Facil.
ities or by others. Unless it is otherwise expressly pro.
vided in the Supple'mentary Conditions:
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4,3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
_1.__..____ '
4.3.1.2. CONTRACTOR shall have full responsi.
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina=---'
tionofthe 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 therelO resulting from the Work.
the cost of all of which will be considered as having
been included if) the Contract Price.
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4.3.2. Not 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 awareoL CONTRACTOR
'shall. promptly after becoming aware thereof and before,
pert'orming any Work affected thereby (except in an emer-
gency as permitted by paragraph 6.22). identify the owner
of such U nd<::rground Facility and give written notice thereof
to that owner and to OWNER and ENGINEER. ENGI-
N EER will promptlv review the Underground Facility to
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determine the extent to which the Contract Documents
should be modified to reflect. and document the conse-
, quences of the 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 arid protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both.
to the extent that they are attributable to the existence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles II and 12.
Reference Points:
4.4. OWN ER shall provide engineering surveys 10 estab-
lish reference points for construction which in ENG INEER' s
judgment are necessary 10 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 relocation's
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLES-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 pert'ormance and payment of
all CONTRACTOR.s obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until, one
year after the date when final payment becomes due. except
as otherwise provided by Law or Regulation or by the Con-
, tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary 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 CONTR.-\C-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part of
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the Project is located or it ceases to meet the requirements
of paragraph 5.1. CONTRACTOR shall within five days
thereafter substi~te another Bond and Surety, both of which
must be acceptable to OWNER.
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COnlTtU:tor's Liilbility 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:
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5.3.1. Claims under worKers' or workmen's compen-
sation. disability benefits and other similar employee ben-
efit acts; .
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5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease, or death of CONTRAC-
TOR's employees;
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5.3.3. Claims for damages because of bodily injury,
sickness or disease. or death of any person. other than
CONTRACTOR's employees;
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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 person for any other reason;
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5.3.5. Claims for damages. other than to the Work
itself. because of injury to or destruction of tangible prop-
erty wherever located. including loss 'of use .resulting.
therefrom: .
_1._.__- .
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5.3.6. Claims arising out of operation of Laws o.r Reg-
ulations for damages because of bodily injury or death of
any person or for damage to property; and
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5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
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The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall .include
completed operations insurance. All of the policies of insur-
ance so required to be purchased and maintained (or the
certificates or other evidence thereot) shall contain a provi-
sion or endorsement that the coverage atTorded will not be
cancelled. materially changed or renewal refused until at least
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thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two years after final payment
and furnish OWNER with e'lidence of continuation of such
insurance at final payment and one year thereafter.
COnlTactual Liability Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31. .
Owner's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and, at
OWNER's option. may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
Property Insurance:
5.6, Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereoflsubject 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 ponions
ofthe Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for
Payment. .
5.7. OWNER shall purchase and'maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or La",s and
Regulations which will include "the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER AND
ENGINEER's consultants in the Work. all of whom shall be
listed as insured or additional insured parties.
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5.8. All the policies of insurance (or the certificates or
other e'lidence thereof) required to be purchased and main-
tained by OWNER in .accordan~e 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 thil1Y days' prior written notice has been
given to CONTRACTOR 'by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
5.9. OWNER shall not be responsible for purchasing and
maintaining any propel1y insurance 10 protect the interests
of CONTRACTOR. Subcontractors or others in the Work to
the ,extent of any deductible amounts that are provided in the
Supplemental!: Conditions. The risk of loss within the
deductible amount. will be borne by CONTRACTOR. Sub-
contractoror others suffering any such loss and if any of them
wishes property insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
er's own expense.
5.10. If CONTRACTOR requests in writing that other
speciaJinsurance be included in the property insurance pol-
icy. OWNER shall. if possible. include such insurance. and
the cost thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site. OWNER shall in writing
advise CONTR.-\CTOR whether or not such other insurance
has been procured by OWNER.
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other propel1Y insurance applicable to the Work..and also
waive all such rights against the SubcontraclOrs. ENGI-
NEER. E:'-iGI:-.lEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. A.s required by paragraph '6.11. each subcon-
tract be'tween CONTRACTOR and a Subcontractor \vill
contain similar waiver provisions by the Subcontractor in'--'.
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's consultants and all other parties named as insureds.
None of the above waivers shall extend to the rights that
any of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise pay.
able under any policy so issued.
5. ll.~. OWNER and CONTRACTOR intend that any
policies provided in response to par.lgraphs 5,6 and 5.7
shall protect all of the parties insured an~ provide primar~'
coverage for all losses and damages caused by the perils
covered thereby. Accordingly. all such policies shall con-
tain provisions to the effect that in the event of payment
of any loss or damage the insurer will have no rights of
recovery a!;ainst any of the parties named as insureds or
additional insureds. and if the. insurers require separate
waiver forms to be signed by ENGINEER or ENGI-
NEER's CllOsultant OWNER will obtain the same. and if
such waiver forms are required of any Subcontractor.
CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph
5.13. OWNER shall deposit in a separate account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the pal1ies in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the parties in interest may reach. If r.equired 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 5.4 on the basis of its not complying
with the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph 2.7. If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their no~ complying with ,the Contract Documents. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with p~ragraph 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 rea'sonably 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 Uti/i:.ation-Property Insurance:
5.15. If OWNER finds it necessary to occupy 'or use a
portion or portions of the Work prior to Substantial Comple-
tion of all the Work. such use or occupancy may be accom-
plisheLl in accordam:.: wilh paragraph 14.10: provided that no
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such use or occupancy shall commence before the insurers
providing the property insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing .the property insur-
ance shall consent by endorsement on the policy or policies,
but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
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ARTICLE &-CONTRACTOR'S RESPONSIBILITIES
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Supervision and Superintendence:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently. devoting such attention thereto
and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Doc-
um.ents. CONTRACTOR shall be solely responsible for the'
means. methods" techniques, sequences and procedures of
construction. but CONTRACTOR sh'all not be responsible
for the negligence of others in the design or selection of a
specific means, method. technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
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6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who.
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
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lAbor, Malerials and Equipment:
6.3. CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the Work and per",__._.:_
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto. and except as otherwise indicated in the
Contract Documents. all Wor~ at the site shall be performed
during regular working hours. and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday. Sunday or any legal holiday without OWNER's writ-
. ten consent given after prior written notice to ENGINEER;
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6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment. labor. transponation,
construction equipment and machinery. tools. appliances.
fuel. power. light. heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing, performance. testing. stan-up
and.completion of the Work.
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6.5. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory e'lidence (including reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed, con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents; but no pro-
vision of any such instructions will be effective to assign to
ENGINEER, or any of ENGINEER's consultants. agents or
employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16. .
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) adjust-
ments in the progress schedule to reflect the impact thereon
of new developments: these win conform generally to the
progress schedule then in effect and additionally will comply
. with any provisions of the .General Requirements applicable
thereto.
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the .naming of the item is intended to establish the type,
function and quality required. Unless the name is followed
by words indicating that no substitution is permitted,
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material arid equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If.CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perform ade-
. quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time, whether or not acceptance of the substitute
for. use in the Work will require a change in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitute and whether
or not incorporation or use of the, substitute in connection
with the Work is subject to payment of any license fee or
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royally. All variations of the proposed substitute from that
specified will be identifieJ in the application 'and available
maintenance. repair ,!nd replacement service will be indi-
cated. The applic'ation will also contain an itemized esti-
mate of all costs that will'result Jirectly or indirectly from
acceptance of such substitute. including costs of redesign
and claims of other contractors affected by the resulling
change. all of which shall be considered by ENG IN EER
in evaluating the proposed substitute. ENGINEER may
require CONTRACTOR 10 furnish at CONTRACTOR's
expense additional data about the proposeJ substitute.
6.7.2. If a specific.means. method. technique: sequence
or procedure of construction is inJicated ih or required by
the Contrdct Documents. CONTRACTOR may furnish or
utilize a substitute means. method. sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGINEER to'determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by ENGINEER
will be similar to that orovided in paragraph 6.7. I as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
.6.7.3. ENGINEER \vill be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in evaluating 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 consullants for evaluat-
ing each .proposed substitute.
Conceming Subcontractors. Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person or organization tincluding
those acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8.2). whether initially or as a substi-
tute. against whom OWNER or ENGINEER may han:
reasonable objection. CONTRACTOR shall not be requireJ
to employ any Subcontractor. Supplier or othe;:r person Llr
organization to furnish or perform any of the, Work against
whom CONTRACTOR has reasonable objectiLln.
6.8.2. [f the Supplementary Conditions require the,
identity of certain Subcontractors. Suppliers or other per-
sons or organizations (including those who are 10 furnish
the principal items of materials and equipmentHo be sub-
mitted to OWNER in advance of the specified Jate prior
to the Effective Date of the Agreement for ac.:.:ptance by
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or ENG[NEER's accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated' for acceptance or objec-
tion in the bidding documents or the Conlract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject defeclil'e Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationsh'ip 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. II. All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cificallybinds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
. ,
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6. [2. CONTRACTOR shall pay all license fees and roy-
alties and assume all costs incident 10 the use in the perfor-
mance of the Work or the incorporation in the Work of any
invention. Jesign. proce'ss. product or device which is the
subject of patent rights or copyrights held by others. If a
particular invention. design. process. product or device is
specified in the Contract Documents for use in the perfor-
manceofthe'Work and iftll the actual knowledge of OWN ER
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or ENG INEER its use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to others.
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and .ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims. damages. losses and expenses (including
attorneys' fees and court and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting froin the
incorporation in the Work of any invention, design. process.
product or device not specified in the Contract Documents.
and shall defend all such claims in connection with any alleged
infringement of such rights.
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Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR. when necessary, in obtaining such 'permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids. or if there
are no Bids on the Effective Date of the A~eement. CON-
TRACTOR shall pay all charges of utility owners for con~
nections to the Work. and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
plant investment fees.
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Laws aTUi Regulations:
.6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur~
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations.
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6: 14;2: If CONTRACTOR observes that the Specifi:-~.-
cations or Drawings are at variance with any Laws or
Regulations. CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations,. and without. such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom; however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications"
and Drawings are in accordance with such Laws and _
Regulations.
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Tazes:
6.15. CONTRACTOR shall pay all sales, consumer, use
and other similar taxes required to be paid by CONT~AC-
TOR in accordance with the Laws and Regulations of the
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place of the Project which are applicable during the perfor-
mance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
, land and areas permitted by Laws and Regulations. rights-
of-way. permits and easements. and shall not unreasonably
encumber the premises with construction equipment or other
, ! materials or equipment. CONTRACTOR shall assume full
I 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 Work. '
. Should any claim be made against OWNER or ENGINEER
. by any such owner or occupant because of the performance
: of the Work, CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall. to the
. fullest extent permitted by Laws and Regulations, indemnify
, and hold OWNER and ENGINEER harmless from and against
all claims. damages, losses and expenses (including, but not
limited to. fees of engineers. architects. attorneys and other
professionals and court and arbitration costs) arising directly.
. indirectly or consequentially out of any action. legal or equi-
table. brought by any such oth.er 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 progTess 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 alllOOls. 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
pesignated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
'of any structure to be loaded in any manner that will endanger
the structure. nor shall CONTRACTOR subject any part of
, the Work or adjacent property to stresses or pressures that
~ill endanger it.
Record Documenls:
, 6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy' of all Drawings, Specifications,
Addenda. Written Amendments, Change Orders, Work
Directive Changes. Field Orders and written interpretations
and clanfications (issued pursuant to paragraph 9.4) in good
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<;>rder and annotated to show all changes made during con-
stnlction. These record documents together with all approved
. samples and a counterpart of all approved Shop Drawings
will be available 10 ENGINEER for reference. Upon com-
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pletion of the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
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:
6.20.1. all employees on the Work and other persons
and organizations who may be atTected thereby:
6.20.2. all the Work and materials and equipment to
be incorporated therein. whether in storage on or off the
site: and .
6.20.3. other property at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road-
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
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 Underground
Facilities and utility owners when prosecution of the Work
may affect them. and shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
erty. .-\11 damage. injury or loss to any property referred to
in paragraph 6.20.2 or 6.20.3 ~aused. directly or indirectly.
in whole or in part. by CONTRACTOR. any Subcontractor.
Supplier or any other person or organization directly or indi-
rectly employed by any of them to perform orfurnish any of
the Work or anvone for whose acts any of them may be liable. .
shallberemedi~dbY.CONTRACTOR (except damage orloss.......+-
attributable to the fault of Drawings or Specifications or to '
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-
rectl\. in whole or in part. to the fault or negligen..:e of CON-
TRA'CTORl. CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall continue 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 14.13 that the Work is acceptable (except
as otherwise expressly provided in connection w,ith Substan-
tial C umpletion l.
6.21. CONTRACTOR shall designate a respl1nsible rep-
resent;llive at the site whose duty shall be the !xe\'ention l)f
actZidents. This pt:rson shall be CONTRACTOR's superin-. j
tendent unless otherwise designated in writing by CON-
TR.\CTOR to OWN ER.
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 instructionor authorization
from ENGINEER or OWNER. is.obligated to act to prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes in th.e Work or variations from
the Contract Documents have been caused thereby. If ENGI-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see para-'
graph 2.9). or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless otherwise
.specified in the General Requirements) of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities. dimen-
sions. specified performance and design criteria. materials
and similar data to enable ENGINEER to review the infor-
mation as required.
6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by the Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibililies 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 num~ers 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 coordinated each Shop Drawing or sample with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
6.25.2. At the time l)f each submission. CONTRAC-
TOR shall give ENGIN E ERspel:inc.wrilten notice of each
variation that the Shop Drawings or samples may have
from the requirements l)f the Clmtract Documents. and.
in addition. shall cause ;\ specinl: notation to be made on
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each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
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6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples. but ENGI-
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information given in the Contract Documents and
shall not extend to means. methods, techniques. sequences
or procedures ofconslruction (except where a specific means.
method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CON-
TRACTOR shall make corrections required by ENGINEER,
and shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
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6.27. ENGINEER's review and approval of Shop Draw.
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR.has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.25.2 and
ENGINEER.has given wrinen approval of eacti such vana-
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.
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6.28. Where a Shop Drawing or sample is required by the
Specifications; any related Work performed prior to,ENGI.
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
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Continuing the Work:
6.29. . CONTRACTOR shall carry.onthe; Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postpon,ed pend-
ing resolution of any disputes or disagreements. except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise:agree in writing.
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J rukmnificalion:
6.30. To the fuHest extent permitted by Laws and Regu.
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims. damages. losses and
expenses. direct. indirect or consequential (including but not
limited to fees and charges of engineers. architects. attorneys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the performance of the Work,
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provided that any such claim. damage. loss or expense (a) is
attributable to bodily injury . sickness. disease or death. or to
injury to or destruction of tangible property (other than the
Work itself) including the loss of use resul.ting therefrom and
(b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor. any person
or organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
, negligence of any such party.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants. agents or employees. by
any employee of CONTRACTOR. any Subcontractor. any
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, the indemnification
obligation under paragraph 6.30 shaH not be limited in any
way by any limitation on the amount or type of damages.
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
6.32. The obligations of . CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants, agents or employees arising out
of the preparation or approval of maps, drawings, opinions,
reports, surveys. Change Orders, designs or specifications.
ARTICLE 7-OTHER WORK
Related Work at Sue:
7.1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces. have other work
I performed by utility owners orlet other direct contracts therefor
._-- which shall contain General Conditions similar to these. If
: the fact that such other work is to be performed was not noted
: in the Contract Documents. written notic.e 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
i 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] 1 and 12.
7.2. CONTRACTOR shall afford each utility owner and
i other contractor who is a party to such a direct contract (or
~ OWNER. if OWNER is performing the additional work with
. OWNER's employees) proper and safe access to the site and
i 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, fining and patching of
the Work that may be required to make its several parts come
. together properly and integrate with such other work. CON-
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TRACTOR shall not endanger any work of others by cutting. '
excavating or otherwise altering their work and will only cut
or alter their work with the writ~en consent of ENGINEER
and the others whose work will be affected. The duties 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 contractors.
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7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of anysuch other
contractor or utility owner lor OWNERl. CONTRACTOR
shall ins'pect and promptly report to ENGINEER in writing'
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and:
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
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Coordination:
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7.4. If OWN ER contracts with others for the perfor-
mance of other work on the Project at the site.. the person or
organization who wil\ have authority and responsibility for'
coordination of the activities among the various prime con- '
tractors wil\ 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 ENG INEER shall have any
authority or responsibility in respect of such coordination.
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ARTICLE 8-0WNER'S RESPONSIBILITIES
I 8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
_ ._____~._ .. _ 4 _ _.. _ . _.~_~_..
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8.2. If) case of termination of the employment of.ENGI-
NEER. OWNER shall appoint an engineer againsfwhom
CONTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the former '
ENGINEER. Any dispute in connection with sucli' appoint-'
ment shall be subject [Q arbitration.
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8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shalIm?ke pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14.4 and 14.13:
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8.4. OWNER's duties in respect of providing lands and
easements and providing engineering sur'leys to establish
reference points are set forth in paragraphs 4. I and 4.4. Para- I
graph 4.2 refers to .oWNER's identifying and making avail-
able to CONTRACTOR copies of reports of explorations and
tests of subsuli'ace conuitions at the site and in existing struc-
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tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8'.7. OWN ER 's responsibility in respect of certain
inspections, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.IOand 1).1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's 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 obser'le
the progress and quality of the executed Work and to deter-
mine. in general. if the Work is proceeding in accordance
with the Contract Documents. ENGIN EER will not be required
to make exhaustive or continuous on-site inspections to check
the quality or quantity of lhe Work. ENGINEER's efforts
will be directed toward. providing for OWNER a greater degree
of confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed of the prog-
ress of the Workand will endeavor to guard OWNER against
defects and deficiencies in the Work:
Project Representation:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
uuties. responsibilities and limitations of authority 01' any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
d'esignates another agent to represent OWNER at the site
who is not ENGINEER's agent or employee. the Juties,
responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
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CUuificalions and.I tIlerpretlJlions:
9.4. ENGINEER will.issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract.Documents (in the form of Drawings
or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or ,reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR
believes that a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time 'and the parties are unable to agree to the
amount or extent thereof. CONTRACTOR may make a claim
therefor as provided in Article 11 or Article. 12.
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AUlhorized Var.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 panies are unable to agree as to
the amount or extent thereof, CONTRACTOR may, make a
claim therefor as provided in Anicle I I or 12.
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Rejecting Defective Work:.
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective. and
will also have authority to require special inspection or testing
of the Work as provided in paragraph 13.9. whether or not
the Work is fabricated, installed or completed.
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Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragraphs 6.23 through
6.29 inclusive.
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9.8. In connection with ENGINEER's responsibilities as
to Change Orders, see Articles 10. II and 12.
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9.9. In connection with ENGINEER's responsibifities in
respect of Applications for Payment, etc.. see Article 14.
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DetennilUlJions for UniJ Prices:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
N EER' s written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless. within ten days
after the date of any such decision, either OWNER'or CON-
TRACTOR delivers to the other party to the Agreement and
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to ENGINEER written notice of intention to appeal from
. such a decision.
Decisions on Disputes:
9. 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 11 and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph, which ENGINEER will
render in writing withifl 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 ofthe claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect
to any such claim. dispute or other matter (except any which
have been waived by the m3kingor 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 Responsibilities:
! 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, or toany 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"
pr "satisfactory" or adjectives of like effect or import are
used to describe a requirement. direction, review or judgment
of ENGINEER as to the Work. it is intended that such
requirement. direction. review or judgment will be solely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such lerm or. adjective shall not be
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11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
. . ENGINEER allows an additional period of time to ascertain
10.3. CONTRACTOR shall not be entitled to an increase more accurate data in support of the claim) and shall be
in the Contract Price o~ an e~te,nsiol1 o(the<;::.gn_trac[ Ii~_ accompanied by claimant's written statement that the amount
with respect to any Work performed that is not requIred by i claimed covers all known amounts (direct. indirect and con-
the Contract Documents as amended. niodified and supple- 'seque~tial) to which the claimant is entitled as a result of the
mented as provided in paragraphs 3.4 and 3.5. except in ~he occurrence of said event. All claims for adjustment in the
case of an emergency as provided in paragraph 6.:!:! .and Contract Price shall be determined by ENGINEER in accor-
except in the case of uncovering Work as provided in para- dance with paragraph 9.11 if OWNER and CONTRACTOR
graph 13.9. cannot otherwise agree on the amount involved. No claim
. for an adjustment in the Contract Price will be valid if not
lOA. OWN ER and CONTRACTOR shall execute appro- submitted in accordance with this paragraph II.:!. .
priate Change Orders lor Written Amendments) covering:
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effective to assign to ENGIN EER any duty. or authority to
supervise or direct the furnishing or pertormance of the Work
or any duty or authority to uridertake responsibility contrary
to the provision~ of paragraph 9.15' or 9.16.
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9.15. ENGINEER will not be responsible for CON-
TRACTOR's means. methods. techniques. sequences or pro-
cedures of construction. or the safety precautions and pro-
grams incident thereto. and ENGINEER will not be respon-
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
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9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of.any Subcontractor. any
Supplier. orof any other person or organization performing
or furnishing any of the Work.
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ARTICLE IO-CHANGES IN THE WORK
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10. I. Without invalidating the Agreement and without notice
to any surety. OWNER may. at any time or from time to
time. order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the
Work in'valved which will be performed under the applicable
conditions of the Contract Documents' (except as otherwise
specifically provided).
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10.2. If OWNER and CONTRACTOR are unable to agree
as to the 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
Chang~. a claim may be made therefor as provided in Article
II or Article 12.
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10A.1. changes in the Work which are ordered by
OWN ER pursuant to paragraph 10.1. are required because
of acceptan~e of deji!cril'e Work under paragraph 13.1-' or
correcting clt~ti!clil'e Work under paragraph 1-.3.14. or are
agreed [0 by [he parties:
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I 0..-1.2. ~hanges in the Contract Pril:C or Comract Time
which are agreed to by the parties: and
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10.4.3. changes in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.1 I:
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 ro be given
LO a surety. the gi'ling 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 du.ties. responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
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:
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents. hy 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. inclusive),
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11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordan'ce with paragraph 11.6.2.1).
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11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11'.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
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Cost of the Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACfOR 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:
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11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER.
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall. be apportioned on
the basis of their time spent on the Work. Payroll costs
shall include. but. not be limited to, salaries and wages
plus the cost of fringe benefits which shall include social
security contributions. unemployment. excise and payroll
taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Satur- "
day, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
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11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work. including costs of trans-
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.
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1 \.4.3. Payments made by CONTRACTO.Rto 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 Wo'rk .
shall be determined in the same manner as CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subject
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to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited 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 CONTRACfOR.
11.4.5.3. Rentals of all construction equipment and
machinery and' the pans thereof whether rented from
CONTRACfOR 'or others in accordance with rental
agreements approved by OwNER with the advice of
ENGINEER, and the costs of transportation, loading,
unloading, installation, dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rental of any such equipment, machin-
ery or pans shall cease when the use thereofis 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 cause,s other than negli-
gence of CONTRACTOR. any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
11..4.5.6. Losses and damages (and related
expenses). not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.9), pro-
vided they have resulted from causes other than the
negJigenceof CONTRACTOR, any Subcontractor. or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses,
damages and expenses shall be included in the Cost of
the Work for the purpose of determining C;ONTRAC-
TOR's Fee. If. however. any such loss or damage
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requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for'
services a fe~ proportionatj: to that stated in paragraph
11.6.2. .
IIA.5.7. The cost of utilities. fue:l and sanitary
facilities at the site. .
IIA.5.8. Minor e:xpenses such as tc:le:grams. long
distance telephone caJ/s. telephone service at the: site.
expressage and similar petty cash items in connection
with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for p'rope:rty insurance coverage within
the limits of the deductible amounts e:stablished b\'
OWNER in accordance with paragraph 5.9. .
11.5. The term Cost of the Vlork shall not include: any of
the following:
11.5.1. Payroll costs and other compensation of CON.
TRACTOR's officers. executives. principals 101' panner.'
ship and sole proprietorships). general managers. engi-
neers. architects. estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in para-
graph 11.4.1 or specifically covered by paragraph i 104.4-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
11.5.2. Expenses pf CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the:
site.
CONTRACTOR's Fee: .
11.6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6.'1. a mutually acceptable fixed fee: or if none can
be agreed upon.
11.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.\
and 11.4.2. the CONTRACTOR's Fee shall be fifteen
percent :
11.6.2.2. for ccsts incurred under paragraph 1\.4.3.
the CONTRACTOR's Fee shaJ/ 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
al;count 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 11.4.4. 11.4.5 and 11.5:
11.6.2.4. the amount of credit to be allowed by
CONTRACTOR to OWNER for any suclichange 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 a'1 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. I
thrOugh 11.6.2.4. inclusive.
11.7. Whenever the cost of any Work is to be determined
11.5.3. .-\ny part ofCONTRACTOR's capital expenses. pursuant to paragraph II A or [1.5. CONTRACTOR will
including interest on CONTRACTOR'S capital employed. submit in form acceptable ro ENGINEER an itemized cost
for the .Work. and. charges against CONTRACTOR.for___Q!:.~akdown together with supporting data.
delinquent payments.
11.504. 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 (except for the: cost of premiums covered by sub-
paragraph)IA.5.9aboveJ. ..
1 \.5.5. Costs due: to the negligence of CONTRAC-
TOR. any Subcontra.;tor. or anyone directly or indirectly
employed by any of t;,.:m or for \Vho~e acts' any of them. 'I
may be liahle. ir.-:I'.Iding but not limiteJ to. the:,.;orrection '
of dej{'( /i,: '-''-urk. Jisposal {)f materials or equipment
wrongly SLIt ~d ". .: "1aking goou any damage: to prop-
erty.
11.5.6. Other ove:rhead or general expense: costs of
any kind- and the costs of any item not specincally and '
expressly induded in paragraph II A.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be done
by such Subcontractors or Suppliers and for such sums within
the limit of the allowances as may be acceptable to ENGI-
NEER. CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deliv-
ered at the site. andall applicable taxes: and
11.8.2. CONTRACTOR's I;osts for unloading and
handling on the site. labor. installalion costs. overh.:ad.
profit and other e:xpenscs contemplated for the allowances
have been included in the: Contract Price and not in the
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allowances. No demand for additional payment. on account
of any thereof will be :,alid.
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Prior to fin3.1 payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be correspond-
ingly adjusted.
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Unit P,ue 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 estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor.
dance with Paragraph 9.10.
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11.9.2. Each.unit price will be deemed to include an
amoun( considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profitfor each sep-
arately identified item.
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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 10 agree as 10 the amount of any such increase'.
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ARTICLE l2-CHANGE OF CONTRACT TIME'
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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 laterthan
thirty days) after the occurrence of the event giv(ng'rise to
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in suppon of the claim) and shall be accom-
panied by the claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time
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shall be determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment, in the Contract Time will
be valid if not submitted in accordance with the requirements
of this 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 f>.greement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers. architects,
attorneys and other professionals and court and arbitration
costs) for delay by either party.
ARTICLE 13-W ARRANTY AND GUARANTEE;
. TESTS AND INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
WlU'TCIIIl)' and GlUUTUJlee:
13.1. CONTRACTOR warrants and guarantees to
. OWNER and ENGINEER that all Work will be in accor-
: dance with the Comract Documents and will not be defective.
i Prompt notice of all defects shall be given to CONTR.<\C.
. TOR. All defective Work. whether or not in place. may be
rejected. corrected or accepted. as provided in this Article 13.
Access to Work:
13.2. ENGINEER and ENGINEER's representatives.
: other representatives of OWNER. testing agencies and gov-
ernmental agencies withjurisdictionaJ 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.
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Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely notice
~of readiness of the Work for all required inspections. lests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereot) to specifically
be inspected, tested or approved. CONTRACTOR shall
:assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required cenificates
'of inspection. testing or approval. CONTRACTOR shall also
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be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENGINEER's ?cceptance of a Supplier of materials
or equipment proposed to be incoi=porated in the Work. or of
materials or equipment submiued for approval prior to CON-
TRACTOR's purchase thereoffor incorporation in the Work.
The cost orall inspections..tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specifiedl.
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13.5. All inspections. tests or approvals otherrhan 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).
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13.6. If any Work (including the work of others) that is
to be inspected. tested or approved is covered without written
concurrence of ENGINEER. it must. if requested by ENG 1-
NEER. be uncovered for observation. Such uncov.ering shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice ofCONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
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13.7. Neither observations by ENGINEER nor inspec-
tions. tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
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Uncovering Work:
13.8. Ifany Work is covered contrary to the written request
. of ENGINEER. it must. if requested by ENGI)jEER. be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
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that covered Work be observed by ENGINEER or inspected
----.-.- or tested by others. CONTRACTOR: at ENGINEER's---
request. shall uncover. expose or otherwise make available
I for observation.' inspection ~r testing as ENGI:--; EER may
require. that portion of the Work in question. furnishing all
necessary labor. material and equipment. If it is found that
such Work is dl.'/ectil'('. CONTRACTOR shali .bear all direct.
I indirect and consequential costs of such uncovering. expo-
sure. observation. inspection and testing and of satisfactory
reconstruction. (including but not limited to fees arid charges
I of engineers. architects. auorneys and other professionals).
and OWN ER shall be entitled to an appropriatedecr~ase in
the Contract Price: and. if the parties are unable tv) agree as
to the amount thereof. may make a claim thaefor ~\S provided
I in Artick II. If. hv)\\ev.er. such Wurk is not fv)und to be
dl'.f('oi\'('. CO:\TRACTOR shall be allowed an increase in
the Cuntract Pri-:v: :r ..il ~\,ension of the Contract Time. v)r
both. directly ~\ttril1Ulable Lv such uncovering. exposure.
I observation. inspection. testing ami re\:onstructiv)n: and. if
the partil:s are unabk to agn:t: as to lhl: amount v)r e.'(tent
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thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12.
Owner May Stop the Work:
13.10. . If the Work is defective. or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR to s~op the
Work. or any portion thereof. until the cause for such order
has been eliminated: however.. this right of OWNER to stop
the Work shall not give rise to any duty on the part of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Correction or Removal of Dejective Work:
13.11. Ifrequired by ENGINEER. CONTRACTOR shall
promptly. as directed. either correct all defectil'e Work.
whether or not fabricated. installed or completed. or. if the
Work has been rejected by ENGINEER. remove it from the
site and replace it with Ilolldefectil'e Work. CONTRACTOR
sha!! bear all direct. indirect and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. attorneys and other' profes-
sionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. any
Work is found to be defectil'e. CONTRA.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 Ilondefecri\'e Work. If CONTRACTOR
does not promptly comply with the terms of such instructions.
or in an emergency where delay would cause serious risk of
loss or damage. OWNER may have the defectil'e Work cor-
recled 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. allorneys 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 Written Amendment.
Acceptance of Defective Work:
13.13. If. instl:ad of requiring correction or removal and
replacement of d(~rl!ctil'l! Work. OWNER land. prior to
ENGINEER's recommendation of final payment. also
ENGINEER) prefers to accept it. OWNER may do so. CON-
TRACTOR shall bear all dirl:ct. indirect and consequential
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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 issue'd 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.
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OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
'to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents'. or if coN-
TRACTOR fails to comply with any' other provision of the
Contract Documents. OWNER may, after seven days' writ-
ten notice to CONTRACTOR. correct and remedy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER 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 Wor~ 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 chai-ged 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 decreasejn the
Contract Price. and, if the parties are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Article II. 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 Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder. '
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ARTICLE 14-PA YMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
, paragraph 2.9 will serve as the basis for progress payments
and will be 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.
, ApplictUionfar Progress Payment:
14.2. At least twenty days before each progress payment
is scheduled (but nO[ 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. Ifpayment 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 aildother 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 willbe as stipulated in the Agreement.
CONTRACTOR's Warranty afTille:
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 Of .
not, will pass to OWNER no later than the time of payment
:free and clear of all Liens.
Review of ApplictUians for Progress 'Payment:
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 fefusing 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 panlgraph 14.7) become due and whe~ due will be paid by
OvrNER to CONTRACTOR. (In accordance with
~he Georgia ~rompt Pay Act )
14.5. ENGINEER's' recommendation of any payment
requested in an Application for Payment will constitute a
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representation by ENGINEER to OWNER. based on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified design professional and 6n ENG 1-'
NEER's review Of th'e Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the point indicated: that. to the best of ENGI-
N EER's k!,!owledge. information and belief. the' qualit'y of
the Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the results of any,
,subsequent tests called for in the Contrac't Documents. to a
final determination 'of quantities and classifications for Unit
Price Work under paragraph 9.10. and to any other qualifi- '
cations stated in the recommendatio;ll: and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that exhaus- ,
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid, additionally by OWNER or OWNER to
,withhold payment to CONTRACTOR.
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14.6. ENGINEj::R's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled. '
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14.7. ENGINE,ER 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 discove~ed evidence or
the results of subsequent inspections or tests. nullify any such
payment pre'liously recommended. to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
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[4.7.1. the Work is defective. or completed Work has....'...
been damage? requiring correction or replacement.
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14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order.
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[4.7.3. OWNER has been required to correct defce-
t;I'e Work or complete Work in accordance with paragraph
13.14. or
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[4.7.4. of ENGINEER's actual knowledge of the !
occurrence of any of the events enumerated in paragraphs I
[5.2.1 through 15.2.9 inclusive.
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, OWNER mav refuse to make payment of the full amount
recommended by ENGINEER b~cause claims have been
made against,OWN ER on account of CONTRACTOR's per-
formance or furnishing of the Work or Liens have been fibJ I
in connection with the Work or there are other items entitling
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OWNER to a set-off against the amount recommended, but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGIN EER) stating the reasons. for such
action,
Substantial Completion:
[4.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by ,
CONTRACTOR' as ,incomplete) and request that ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGIN EER does not con-
sider the Work substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the. Work substantially complete.
ENGINEER will prepare and dejiver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If, after considering such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If.
after consideration of OWNER's objections. ENGINEER
considers the Work substantially complete. ENGINEER will
. within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion (with a re'lised 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 OWN ER. At the time of delivery
of the tentative certificate of Substantial Compfetion ENGI-
NEER will deliverto OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR \vith
respect to security. operation_ safety. maintenance. heal.
utilities. insurance and warranties. Unless OWNER and
CONTRAC;TOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
certificate of Substantial Completion. ENGINEER's afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until final payme'nt.
[4.9. OWNER shall have the right.to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion. but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
Partial Utilization:
14.10. Use by OWNER of any finished part of the Work.
which has specifically b':t.'n identified in the Contract Do.:u-
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FiTUll Application for Payment:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructions. schedules. guaran-
tees. . Bonds, certificates of inspection. marked-up record
documents (as provided in paragraph 6.19) and 'other docu-
ments-ail as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
, ject to the provisions of paragraph 14.16). CONTRACTOR
. may make application for final payment following the pro-
cedure for'progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
, in the Contract Documents. together with complete and legally
. effective releases or waivers (satisfactory to OWNER) of all
. Liens arising out of or filed in connection with the Work. In
, lieu thereof and as approved by OWNER. CONTRACTOR
14.10.!. OWNER may at any time request CON- may furnish receipts or releases in full: an affidavit of CON-
TRACTOR in writing to permit OWNER to take over TRACTOR that the releases and receipts include all labor,
operation of any such pan of the Work although it is not services. material and equipment for which a Lien could be
substantially complete. A copy of such request will be filed. and that all payrolls, material and equipment bills. and
sent to ENGINEER and within a reasonable time there- . other indebtedness connected with the Work for which
after OWNER. CONTRACTOR and ENGINEER shall OWNER orOWNER's property might in any way be respon-
make an inspection of that part of the Work to determine ' sible. have been paid or otherwise satisfied: and consent of
its status of completion and will prepare a list of the items the surety. if any. to final payment. If any Subcontractor or
remaining to be completed or corrected thereon before--", Supplier fails to furnish a release or receipt in full. CON-
'final payment. If CONTRACTOR does not object in writ- .,-' ': TRACTOR may furnish a Bond or other collateral satisfac-
ing to OWNER and ENGINEER that such part of the tory to OWNER to indemnify OWNER against any Lien.
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to becoln;pleted,
or corrected and will deliver such list to OWNER and'! FiTUll Payment and Accepumce:
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER,and CONTRACTOR with respect to
security. operation. safety. maintenance. utilities. insur-
ance. warranties and guarantees for that part of the Work
which will become binding upon OWNER and' CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ- .
ing and so informed ENGINEER). During such operation'
and prior to Substantial Completion of such part of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and, to
complete other related Work.
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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-
109:
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14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially compleie. 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 pan of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
, tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that pan of the, Work.
Within a reasonable time after either such request. OWNER.
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its s,atus of
completion. If ENGINEER does not consid~r that part of
the Work to be substantially complete. ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER consid.ers that pan of the
Work to be substantially complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
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14.10.3. No occupancy or separate operation of pan
of the Work will be accomplished prior to c.ompliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
14.13. If. on the basis of ENGINEER"s observation of
: the Work during construction and final inspection. and
: ENGINEER's review of the final Application for Payment
,and accompanying documentation-all as required by the
Contract Documents. ENGINEER is satisfied that the Work'
; ha,s 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.
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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. inappropri-
ate form and substance. and with ENGINEER's recommen-
dation and notice of acceptability. the amount recommended
by ENGIN EER will become due and will be paid by OWNER
to CONTRACTOR. (In accordance with the
Georgia Prompt Pay Act).
14.14. If. through no fault of CONTRACTOR. final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms, OWNER shall. upon receipt of CON-
TRACTOR's final Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree-
ment. make payment of the balanc~ due for that portion of
the Work f~lly completed and accepted. If the remaining
balance to .be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5.1. the written consent of the .surety to the payment
of the balance due for that 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.
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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 part thereof by
OWNER. nor any act of acceptance by OWNER nor any
failure to do so. nor any review and approval of a Shop
Drawing or sample submission. nor the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph 14.1J.~:..._
nor any correction of defective Work by OWNER will con- !
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.161.
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Wai~'er of Claims:
I~. 16. The making and acceptance of final payment will
constitute:
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I~.16.1. a waiva of all claims by OWNER against
CONTRACTOR. except claims arising from' unsettled
Liens. from "2.fl:('(;n' Work appearing after final inspec-
tilln pursuant to paragraph 14.11 or from failure [l) comply
with the Cllntract Dl1\;Uments or [he terms of any special
guarantees specified therein: however. it will nl)( consti-
Wle a waiver hy OWNER of any rights in r~sp.:ct llf
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CONTRACTOR's continuing obligations under the Con-
tract Document~: and
14.16.2. a waiver of all claims ,by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE IS-SUSPENSION OF WORK AND
TERMINA TION
Owner May Suspend Work:
15.1. OWNER may. at any time and without cause. sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which 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 pr.ovided in Articles II
and 12. .
Owner May Terminate:
15.2. Upon 'the occurrence of anyone or more of the
following events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code <Title II. United
States Codel, as now or hereafter in effect. or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency:
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing. or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency.:
15.2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15.2.4. if a trustee. receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authority to take charge
of property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose
of general administration of such propeny for the benefit
of CONTRACTOR's creditors:
'15.2.5. if CONTRACTOR admits in writing an inabil-
ity to pay its debts generally as they become due:
15.2.6. if CONTRACTOR persistently fails to perform
the Work in accordance \\'jth [he Contract Documents
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(including, but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to.the progress schedule established under
paragraph 2.9 as revised from time to time):
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15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER: or
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15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments;
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OWNER may, after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to' the extent
permitted by Laws and Regulations. terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRA CTOR' s
tools, appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion). incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct. indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers, architects, attor-
neys and other professionals and COUI1 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 i!lcor- .
porated in a Cha~ge Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest 'price for the Work performed.
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15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACfOR then
existing or which may thereafter accrue. Any retention or
payment of-moneys due CONTRACTOR by OWNER will
not release CONTRACTOR fr9m 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).
Contractor May Stop Work or Terminate:
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
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due. then CONTRACTOR may. upon seven
days' written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
. Work executed and any expense sustained plus reasonable
'termination expenses. In addition and in lieu of terminating
the Agreement. if ENGINEER has failed to act on an Appli-
:cation for Payment or OWNER has failed to make any pay-
~ment as aforesaid, CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
~paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreemeilts with OWNER.
.(The remainder of this page was left blank intentionaily.J
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_~I._.____.__.--._~~- .._.-'____.__________.__ ._,_.____.._____...__.__________...__" ". "____
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ARTICLE l6--ARBITRATION
16.1 All claims, disputes _and other matters in question between
OWNER and~ONTRACTOB arising out of, or relating to, the Contract Docu-
ments or the breach thereof shall be decided under Georgia Law in the
Superior Court of Richmond County, Georgia.
(The remainder of this page was left blank intentionally.)
."
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(This page was left blank intentionally.)
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ARTICLE l7-MISCELLANEOUS
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Giving Notice:
17.1. Whenever any provIsIon of the Contract Docu-
ments requiresC the giving of written notice, it. will be deemed
to have been validly given if delivered in person to the indi-
vidual or toa 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.
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Computation of Time:
17.2.l. 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. .
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17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
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General:
17.3. Should OWNER or CONTRACTOR suffer injury .
or damage to person or property because of any error, omis-
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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
nocbe 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 l5.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder. are in addition to.
and are not to be construed in anyway as a limitation of. any
rights and remedies available to any or all of them which are
otherwise imposed or available by'Laws or Regulations. by
special warranty or guarantee or by other provisions of the
Contract Documents. and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty. obliga-
tion. right and remedy to which they apply. All representa-
tions, warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com-
pletion of the Agreement. .
33
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. SUPPLEMENT ARY 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 Country for this project.
Current insurance coverages will remain in effect for the life of this Contract.
CONTRACTOR'S LIABILITY:
1.2
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 iiljuries,
including accidental death, to any one 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. i
The contractor shall either (1) require each of his subcontractors to procure
and to maintain duringthelife of his subcontract, Subcontractor's Liability and
Property Damage Insurance of the type and in the same amounts as specified in
the preceding paragraph, or (2) insure the activities of his subcontractors in his
own policy.
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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 ofthe Augusta-Richmond County
. Road System. ' .
(b)
Work within easements granted by property
Owners in connection with the construction ofthe project.
(c)
Work in close proximity to existing water lines, telephone lines,
'gas lines, other utilities and private structures co'ntiguous
to the job site
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TESTING LABORATORY:
1.4
- All testing and laboratory work in connection therewith shall be performed
by an independent firm and paid for: by the contractor; Copies of all test reports
shall be forwarded to Augusta-Richmond County Public Works. There will be no
separate payment for this work.
1.5
SURVEYS:
The Contractor will provide surveying for construction staking, 'horizontal
control and vertical control as necessary.
1.6
PROGRESS PAYMENT:
Section 14.2 of the General Conditions shall be amended as
follows:
The . Contractor. may submit monthly estimate for work
completed and materials properly stored as approved by the
Engineer. When an estimate 'includes materials stored, a bill of sale,
. invoice or other document,ation warranting that the Owner is
receiving the material free and clear of all liens, charges, security
interest and of all liens, charges, security interest and other
encumbrances shall be attached to the payment request.
ENGINEER:
1.7
All references to "Engineer" shall be interpreted to mean the
I. Au~sta.-Ri. 'chmond County Public Works Director, or his official
_ __~__u__.____,__._ d.eslgnee. u. .:, .' .
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1.8
,
UNDERGROUND UTILITIES: (References 4.3, 1.4,3.2)
The Contractor shall coordinate with all utility companies through
the "One Call" method or other appropriate steps to locate and avoid
damage to all utilities that may affect or be affected by the. Contractor's
work.
1.9
SAFETY: (Reference 6.20)
The Contractor shall use certified flagmen, barricades and signs as'
necessary to notify the public, in particular, those persons driving in the
vicinity of the project, ofthe construction and its affect on traffic.
SC-2
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SECTION P
PROPOSAL
Date: SPf~L".......... 2.;t,rdJUlC:.~
Gentlemen:
In compliance with your invitation for bids dated~",,,,,,,",~, 20~, the
undersigned hereby proposed to furnish all-labor, equipment, and materials, and to
perform all work for the installation of drainage improvements referred to herein as:
ARC DRAINAGE IMPROVEMENTS, PHASE I
Project No. 322-04-201823101
In strict accordance with the Contract Documents and in consideration of the amounts
, shown on the Bid Schedule attached hereto and totaling:
I _ I '., _,' , : I ' I ~ _ I.2$--
N,I\.'E!- /.lu...d.rsaTk.: ~,;D/'o.Q. T^-olJ~ f:'lve.. ~I,)..!.dl-ed S-eI1~4yt="lv.e. <=~ ~
DOLLARS ($
~~\J.o;s.?s.?-S
)
The undersigned hereby agrees that, upon written acceptance of this bid, he will
within 10 days of receipt of such notice execute a'fo~al contract agreemeJ;l.t 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 120 calendar days.
The undersigned aclmowledges receipt of the following addenda:
Respectfully submitted
'-,_ ~EJV.(~:;'MNT1i!Ar.:T"'ll\lr_ TAiC-
mame afFirm) .
-z.303 oS A~; c.. Il..--1
_ ;;s;,~! ~ 2~g~~
BY'''''':':;;l
Title: ;?~~
P-l
OFF DUTY POLICE OFFICER HR 20 $15.00 $300.00
TRAFFIC CONTROL LS :f:. I\,oao..<::>o <;b 11,000.00
TEIv!PORAR Y SILT FENCE, TYPE A LF 700 ~.9o $ 2o,o~o.oo
TYPE II BACKFILL CY 500 Z :!o.IO II. '5.s,.o. 00
GRADING COlvIPLETE LS ~2..~oo_OO
LUMP SUM CONSTRUCTION .. LS 2..1 :h ~c.()Q. OC
,.
AGGR SURF CRS TN 100 "- 3D I" c.. 'e.o. 00
GRANITE CURB, 5" X 17", TYPE A LF 20 Z'4.00 . '"I &o.OC>
CONC DRIVEWAY, 6" SY 75 '43... ... 3.a S~?-S
PLAIN CONC DITCH PAVING, 4 IN SY 1,000 41.00 47, ooc..C>c:.
PLAIN CONC DITCH PAVING, 6 IN SY 1,400 S?OQ :t:.. 7~" LOO.oQ:.
CONC. CURB & GUTTER, 6 IN X 24 IN, TP 2 LF 250 1 'Z,.oo $. 3,oQQo..OO
CLASS "A" CONCRETE (BOX CULVERT) CY 300 YG.4.c.c. '$. 1"!.~.I2.oci_oO
CLASS "A" CONCRETE INCLUDING
REINFORCING STEEL CY 40 t> '3C4.SS &?..3~Z..OO
BAR REINF STEEL (BOX CULVERT) LBS 32,000 It o.c..o .'to ,~,'~oo_oo
STORM DRAlN PIPE, 12 IN, H 1-10, DUCTILE
IRON LF 35 . 33.z.0 :to I, \ c...z.... 0 (:>
STORM DRAIN PIPE, 15 IN, H 1-10 (RCP) WITH 0-
RING GASKET LF 290 ~.Ob G., C; c..o. OC:;)
STORM DRAm PIPE, 24 IN, H 1-10 RCP WITH 0-
RING GASKET' LF 40 3.i . t!o 1,3 l2. .C>b
STORM DRAIN PIPE, 36 IN, H 1-10 RCP WITH 0-
RING GASKET LF 800 S....OC> 4Z l,.oo. oD
STORM DRAm PIPE, 42 IN, H 1-10 RCP WITH 0-
RING GASKET LF 90 77.00 ~ 3. o. 0 C
STORM DRAIN PIPE, 72 IN, H 1-10 RCP WITH 0-
RING GASKET LF 40 1?~...3:~ 7 13,'-1.00
FLARED END SECTION, 15 IN STORM DRAIN EA $. 4209.00 4t.9.00
STN DUMPED RIP RAP, TP 1,24 IN SY 2,500 $ ~30 a,o,,?'5o.C>O
Filter Fabric SY 2,500 'f- l,f.(.(;) II "E:.ao.c.o
REMOVE WOOD FENCE, ALL SIZES & TYPES LF 250 $ ~.So .$ 1 'Z.oo.Qc
RESET WOOD FENCE, ALL SIZES & TYPES LF {t..oc> $. 4 SQo.Ql;:S
I P2
17.14-03
ARC DRAINAGE IMPROVElVIENTS - PHASE 1
13th Street @ Walker Street - Vasser Drive. Elliot Boulevard
DETAILED ESTIlVIATE
17-14-03
f.:t
ARC DRAINAGE IMPROVEl\1ENTS - PHASE 1
13th Street @ Walker Street - Vasser Drive - Elliot Boulevard
DETAILED ESTIMATE
GUARDRAll..., TYPE W LF 50 ~ 3....' ~o_C>o
GUARDRAll... ANCHORAGE, TYPE 12 EA 4 ~ $,.? <:"0.00
SANITARY SEWER PIPE, 6" DUCTILE IRON LF 60 1:- 3.. \ 'Z.. C. .c::.<::;)
SANITARY SEWER PIPE, 8" DUCTILE IRON LF 20 ~ 12..60.00
SANITARY SEWER PIPE, 10" DUCTILE IRON LF 90 G.3~O.oo
SANITARY SEWER PIPE, 12" DUCTILE IRON LF 110 ~,Z.'1Cl.C.C>
CATCHBASIN,GP 1 EA 3 I ? sz...~ $ S,~LfG-.~e:.
CATCH BASIN, GP 2 EA 2 "f..,-~z...~c
DROP INLET, GROUP 1 EA 7' \0 ? 5!.o. co.
DROP INLET, GROUP 1, ADDmONAL DEPTII LF 10 I, s. "t 0 .00
SANITARY SEWER MANHOLE, TP1 EA 5 S,:s. 00. 00
DROP SANITARY SEWER MANHOLE, TP1 EA a. '::;;!:O.~Cle:.
SANITARY SEWER MANHOLE, TPl,
ADDmONAL DEPTIl, CLASS 1 LF 6 IG.G..OQ ~ ~~ '- .o.~
, DROP SANITARY SEWER MANHOLE, TP1,
ADDmONAL DEPTII, CLASS 1 LF 8 a ss.oo $. t.,OLfo .00 .
STORM SEWER MANHOLE, TP 1 EA 5 a ~SS.ce> oS. II ??'S.OQ
STORM SEWER MANHOLE, TP 1, ADDmONAL .
DEPTHCL'l LF 10 2.3.....SO Z-,3 S,b. c. c
JUNCTION BOX EA 2 I ?1!.'2...oo 3,Sc-'-I.GO
JUN.CTION BOX.(INTERFERENcEBOX).__..___.. EA-. , ---- 3,_ Z. "-De.. co $ 7:i.oo.oc
DRAIN INLET, 12" BOX TYPE EA 4 ~ 5'"11.06 S Z. 3c..Lf. 00
DRAIN INLET, 15" BOX TYPE EA ,6 $. (,.. 'Z. (...0 0 $. 3,7S'-.co
WATERMAlN, 6 IN, OFFSET COMPLETE LF 50 100-00 .$ S 000.00
GRASSING, . COMPLETE LS. IS 000.<::10 $. 1& 000.00
PROJECT COST TOTAL ~31 .s?~,7~
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I 7-15~03
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ARCDRAINAGE~ROVE~ffiNTS-PHASEI
1. P A VEl\1ENT . REMOVAL AND REP1ACElVIENT, UNLESS OTHERWISE
NOTED, SHALL NOT BE PAID' FOR SEPARATELY AND SHALL BE
INCLUDED WITHIN THE UNIT COST OF THE STORM SEWER PIPE
INSTALLED, PER LINEAR FOOT.
2. PAY ITEM 668-5001, "JUNCTION BOX (INTERFERENCE BOX)" SHALL
INCLUDE A GADOT STD '9031 JUNCTION BOX WITH MANHOLE RING
AND COVER AND, STEPS AS WELL AS ONE SECTION (+/-18 FEET IN
LENGTH) OF DUCTILE IRON SANITARY SEWER SERVICE LINE,
MATCHING SANITARY SEWER SERVICE LINE DIAMETER.
*LUMP SUMP CONSTRUCTION:
ITEM NUlViBER 230-1000 LUMP SUMP CONSTRUCTION INCLUDES, BUT
IS NOT LIlVIITED TO, LOCATIN~, MAINTAINING AND RECLAIMING
WASTE AND DISPOSAL, AREAS, CONSTRUCTION LAYOUTS,
REMOVALS AND/OR RELOCATION OF FENCES, STORAGE BUILDINGS,
ETC.'AND ANY OTHER,WORK NOT COVERED BY A PAY ITEM. (SEE
NEXT PAGE).
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P-4
LUMP SUM CONSTRUCTION
ARC DRAINAGE IMPROVEMENTS, PHASE I
NOTE: List all Lump Sum Construction 'items in detail with associated costs. FAILURE
TO PROVIDE TmSlJREAKDOWN MAY DISQUALIFY THE BID
ITEM
COST I
, .
M~, I; l'.I'L..-\:'-'- ~ T)~ ""0 b, (:'7.",,--,{ :~- u"....." 5l1...........
. I
$
l'Sj ClD~ .OC
I l-.wy s.. 0 ^'"
$
17 ~D(';). 06
.. "'
L u "'Y SLJ It'\.
$
~~)oca.co
LU",\" Su ~
$
'-I~O.~
5) (',n't'l'\f~~J..: ~ 7e.b~"'"
Lo,....., Su J"Y\
$
17 ,l:.,.~~. 06
~
Lo.vy Sl.M"!.
$
Y? 3,(,,"1.06
.
.' .
7) ~ T"<lo.V ~ e. oA-d... ~
SA.! ~ '?.-o"e.r--ty -
I
LL>~,Q Sl.3.....
,
$
l\)a6().(::;){~:)
L-o WI.,Q 50 N'\
/
$
~ ()6C::..6C::.
.
9) (I__Laa..I\- 0.0 S;4-s..s. .
,
L.D"^f S~""'"
$
3Q.I'C.~O_~
2.. LI 821 CJ6
. .
11) f>er-Go,.~.o ~p~~~ ~s.-
Ljrry S11~
$
~J 1\ co' t"Y':':l
12)
$
13)
$
14)
$
P-5
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22)
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"I~"2~)~="'==o~~~~==:~,~"='T""~'~" $
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TOTAL LUMP'SuM AMOUNT .
I . Use additional sheets if needed.
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LUMP SU.M CONSTRUCTION
15)
$
--
--
16) .
$
17)
$
18)
$
19)
$
20)
$
$
$ .
$
$
$
$
$
$ 2..12..0DCLCl6
,
P-5-A
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90' SNG EASEMENT .
- VARIES . 20' & VARIABLE
VARIES
11S'X4" COMPACTED ASC
. ON COMPACTED SUBGRADE
4'.r
~
SNG HIGH PRESSURE
GAS LINES
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EASEMENT
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1S'X4" "COMP~CTED ASC ".".. ~
I ON COMPACTED SUBGRADE~ ..
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TS --:- 1
30' PERMANENT EASEMENT
7'-6"
15' -0"
7' -6"
;- 0'
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TS --,- 2
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Hard Sur/aca
PubfIc Road
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0' MinImum
N.S.A. R-2 (1.5"'-3.51 .
. Coarse ~
G80textfle Undsrflnef
CRUSHED'STONE CONSTRUCTION EXIT
ra eE USED ~ C1RECT'ED ey 'THE ENGINEER WHalE CONSTROcnON TR.tIFfTc IS ENTEFlIHG." I'OBlJC PI'<\IED RtWJ..
PA'tYENT' TO BE INC,UDED I"" PRIa: BJDFCR LUMP sUU CCNSTRucmON OR OTHER CCNTlW:T .am rTEl.IS.
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GENERAL NOTES MASTER COpy
REVISED 3 - 06 - 03
RLC
GENERAL NOTES
ADJUSTING :MINOR STRUCTURES TO GRADE:
This item consists of raising or lowering the upper portion of existing manholes,
water valve boxes, gas valve boxes or any other miscellaneous structures within the
area of construction. There will be no separate payment for this work unless shown
as a separate pay item.
*Prior to any resurfacing the' contractor shall identify 'and reference all
structures so the precise locations can be determined after resurfacing. This
,shall be done in the company of the ARC Inspector. This shall be the first order
of work where minor structures requiring adjustment are included in the
contract.
AGGREGATE SURFACE COURSE:
The item aggregate surface course is for use in inclement weather to facilitate the
movement of local traffic along roadway construction and to permit ingress and
. egress at drives. When used for this purpose, Section 318, Georgia Standard
Specifications, is modified to pennit truck dumping on unprepared and muddy
subgrade. Section 318 is further modified to permit the use of crusher run stone as
described in Subsection 806.02. The Contractor will have the choice of the following
materials.
Graded Aggregate .
Coarse Aggregate Size 467
Stabilizer Aggregate TyPe 1 or 2'
Crushed Stone
Subsection 815.01
Subsection 800.01.
Section 803
Subsection 806.02
All materials to be used as directed by the Engineer.
. AS-"BUILT PLANS:
The Contractor shall furnish a complete, legible set of "as-built" plans, in good
condition, to the Project Inspector ,prior to the date of-the Fin,al Inspection. Such
plans shall have all significant changes marked in red. The Project Inspector shall
review the marked plans'for accuracy, legibility and completeness. After the Project
Inspector approves and signs the redlined plans, a qualified engineering firm, selected
by the contractor, shall make arrangements to obtain the original approved plans from
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the Public Works & Engineering Office. After originals have "as built" information'
incorporated, they shall be stamped and signed on the cover sheet by a registered
Profe~sional ~ngineer and returned to the Project Inspector for final processing. The
~ Project Inspector shall sign the as-buiIts and place them in the permanent record files.
There will be no separate payment unless otherwise shown. .
CASINGS:
All steel casings being installed across any roadway and/or right-of-way shall have
the joints continuously welded to obtain a watertight seal. The Contractor shall notify
the Engineer when we::lds are ready for inspection. Welded casings backfilled without
the Engineer's approval shall be uncovered for inspection at the Engineer's request.
COMP ACTION:
All compaction shall be -as defined in the current edition of Georgia department of
Transportation Specifications. Special attention shall be given to the backfill of
minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.),
Compaction shall be achieved using approved tamps and soil layers of approximately
6 inches (loose measure) and in accordance with Georgia Department of
Transportation Standards 1030-D and 1401. Backfilling operations of this nature
shall not begin until the Contractor has on hand all equipment in good working
condition, and competent operators.
The backfilling of pipe and other minor structures shall be in accordance with
Georgia Department of Transportation Standard specifications, Current Edition.
Backfilling with sand using jetting :and/or flooding will not be allowed in any case
without the written permission of th~ Engineer.
NOTE: When sand and jettmglfloodjng method is used the warranty for the backfilled
area is extended from 12 months to 24 months. A plan for the jetting/flooding shall be
submitted atthe PreConstruction Conference.
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--__~_____CONCRETE.
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The Contractor shall have a slump cone on the project at all times when concrete is
being placed. He shall, in the Engineer's presence, perform slump tests as directed by
the Engineer. Tests shall be perfOlmed by qualified personnel with a properly
cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class
. ,
"A" concrete shall have a minimum: of 611 lbs.. Cement per cubic yard. ~lass "B"
concrete shall have a minimum' of 470 lbs. Cement per cubic yard. 'Concrete not
meeting these requirements w~l1 be rejected by the Engineer.
NOTE: No concrete shall be placed until all required equipment such as slump cone,
curing compound and dispensor, etc., all in good working condition, are on the site.
Inspectors must be given a minimum one-hour advance notice. No concrete shall be
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placed without the InspeCtotpresent unless otherWise directed by the Engineer. All
concrete shall be placed during- the Inspectors normal working hours, 8:30 a.m. to
5:00 p.m. unless otherwise directed by tbe Engineer. Formed surfaces shall receive
'C fuiish immediately after removing forms. Forms shall be removed- as provided in
Section 500 of GA.DOT Specifications.
CONSTRUCTION:
. Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite
curb, header curb, etc.) shall be paid for in theunit price bid for curb and gutter unless
otherwise noted.
At locations where new pavement, is to be placed adjacent to existing pavement,
without an overlay, or where curbing is to be placed across paved parking lots, ajoint
shall be sawed on a line to ensure pavement removal to be neat. Only those joints
sawed in concrete pavement will be paid for under the pay item-Sawed Joints. . . per
Linear Foot.
Where curb and gutter is used and the shoulder elevations are higher than adj acent
ground, the actual direction of drainage runoff shall be determined by the Contractor.
He shall make such provisions as necessary to ensure that no ponding is caused by the
new construction. He may place additional fill to provide drain inlets. Compensation
will be under the price bid for the appropriate pay item. Driveway profiles may also
. be altered allowing the concrete pad to slope down outside the back of the curb line
not to exceed an algebraic difference of 0.07. This should be used primarily on the
high side of super-elevated curves. The Contractor should use caution with standard
variance and place special emphasis' on hydraulic considerations. .
The Contractor shall provide borrow and/or waste pits for this project. All pits
acquired for use on this project shall be reclaimed in accordance with Subsection
107.23 and Section 160 of the Standard Specifications and page PPA-l of this
document.
All storm drain pipe, .side drainpip'e, pipe culvert wing-walls, steps, retaining walls,
curbs and gutters, headwalls, all types of pavement, wooden structures, except those
specifically shown as a removal pay item will be removed as Clearing and Grubbing,
. Grading Complete, Grading Per Mile _ or Lump Sum Construction.
Cut and fill slopes outside of clear zones may be adjusted on construction where
necessary to remain within the rightofway.
Curb cut ramps in accordance with Standard .903l-W are to be used at all street
intersections on this proj ect.
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Asphalt milling where'specified for use on existing pavement that is to be resurfaced
adjacent to curb and gutter. Finished surface on asphalt pavement shall not exceed
W.' above the gutter line as shown on Georgia Standard 903l-J.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the Contractor. See Section 149 of
the Standard Specifications. The survey for this project was made by W. R. Toole
Engineers, 722-4ll4.
CONSTRUCTION SCHEDULE:
The Contractor shall prepare a schedule identifying the primary construction activities
and/or phases for constructing this project. This schedule shall be presented at the
Pre-Construction Conference. When significant events occur that impacts the.
schedule a revised construction schedule shall be submitted.
DESIGN ALTERATIONS:.
The Commission-Cou:D.cil recognizes t.hat various changes in design may be made as
the project progresses. Any requests for additional payment will be processed based
on actual work in place and the unit prices submitted as a part of this bid. Items not
covered in this bid shall be priced separately and no work .shall be done on these
items until approved, in writing; by the Engineer.
ENGINEER:
In all contract documents, specifications, supporting documents, etc., the term
"ENGINEER" means,. and shall be deemed to mean, the Augusta-Richmond County
. Public Works Director or'hislher. designated representative.
EROSION AND SEDIMENT CONTROL: '
The Contractor shall be responsible lor all soil erosion and.sedlment control practices.
All on-site. erosion. control shail comply with local Augusta Richmond County
erosion and sediment control ordinances. The cost of this work 'shall be included in
the cost of Lump sum Construction :uruess shown as a separate pay item.
EXCESS MATERIAL:
All excess material is to be disposed of as directed by the. Engineer or as noted in
Subsection 107.23 of the Specifications and in accordance with page PPA-l.
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FENCE:
. All new fences called for on the plans and/or contract documents shall meet the
requirements of Section 643 of the Georgia Department of Transportation Standard
Specifications, current edition. New fence not meeting these Specs will be ,rejected.
In contracts where remove and reset fence items are involved (either as pay items or
as Lump Sum Construction) all replacement fence shall be .equal to or better than the
existing fence as approved by the Engineer. This means equal to or better than the
original fence at the time of its installation.
In accordance with Subsection 643.03D, the Contractor must furnish positive locking
devices, padlocks and keys with all gate assemblies.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project
are to be returned to the pre-existing shape and slope and then finished and dressed.
No separate payment will be made for grassing, fertilizing and mulching of disturbed
areas, unless specifically shown as a pay item.
FLAGGING:
Flaggers shall be provided as required to handle traffic, as specified in the Plans or
Special Provisions; and as required by the Engineer.
All Flaggers shall meet the requirement of part 6F of the MUTCD and must have .
received training and a certificate upon completion of the training from a Department
approved training program. Failure to provide certified Flaggers as required above
shall be reason for the Engineer suspending work involving the Flagger(s) until the
Contractor provides the .certified Flagger(s).
Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest,
shirt, or jacket, and shall use a Stop/slow paddle meeting the requirements of Section
6F-2 of the MUTCD ~or contro,1ling traffic. The Stop/slow paddle shall have a shaft
length of seven (7) feet minimum. In addition to the stop/slow paddle, a flagger may
use a 24-inch square red/orange flag as an additional device to attract attention. For
night work, the vest shall have reflectorized stripes on front and back.
Signs for Flagger traffic control shall be placed in advance of the flagging operation
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in accordance with the MUTCD.. ~. addition to the signs required by the MUTeD,
signs at regular intervals, warning pf the presence of the flagger shall be placed
beyond the' point where . traffic cart reasonably be expected to stop under the most
severe conditions for that day's work..
FOUNDATION BACKFILL MATERIAL, TYPE I:
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Foundation Backfill Material Type I shall conforni to Georgia Standard 1030-D and
Section 207 of the Standard Specifications. No separate payment will be made for
.. this material or its placement.
FOUNDATION BACKFILL MATERIAL, TYPE II:
GRADES:
Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and
Section 207 of the Standard Specifications and shall be used. in wet/unstable
conditions as directed by the Engineer. It shall also be used beneath all concrete box
culverts. Quantities shall be measured for payment in accordance with Georgia
Standard l030-D or as directed by the Engineer. Payment shall be per cubic yard
unless otherwise specified in the contract.
With the approval of the Engineer, grades may be field adjusted to provide for best
drainage.
GRADING:
In contracts where grading, including excavation for drainage structures, is
accomplished under Section 210 (Grading Complete or Grading Per Mile) or Section
230 (Lump Sum Construction), the Lump Sum amount bid will include all work
necessary to obtain .theline, grade and compaction iD. accordance with the
Specifications and other contract documents. There will be no sep~ate payment for'
any work of this nature including borrow and the removal of unsuitable and/or
unstable material. However, the Contractor shall make whatever investigations he
deems necessary to determine the extent of any borrow or removal necessary to meet
contract requirements. If'it develops that removal of unsuitable/unstable materials
quantities could not have been predicted by the contractor from a reasonably thorough
investigation- of project conditionS, the Contractor may request. negotiation for
payment for excavation of this nature in areas where the depth exceeds three (3) feet
below sub grade. The Owner will consider negotiation only' when this type 'of removal
is excessive and the Contractor provides evidence that he thorougWy investigated
project conditions prior to 'entering his bid. Only those quantities in excess of three
(3) below finished sub grade and/or normal excavation for drainage structures, ordered
by the Engineer, will-be considered fOl: payment.
GRASSING AND EROSION CONTRdL: ,
The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to
determine the actual area to be grassed. No claims will be considered for extra
compensation if the contractor relies' o~ plan information to prepare his bid.
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_I~___ INF~STATION:
The entire project is considered'to be ~ithin the limits of an insect infested area. The
I contractor's attention is called 'to the following sections of the Standard
Specifications: (A) }55 Inse~t control (B) 893 Miscellaneous Planting Materials.
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All slope areas are to be grassed unless shown otherwise on plans. Temporary grass
is required if permanent grass season is out.
The Contractor shall be responsible for all soil erosion and sediinent control
measures. All on-site erosion control shall comply with local erosion arid sediment
control ordinances. The cost of this work shall be included in the cost of the project
unless shown as a separate pay item.
AIl unpaved and natural areas which are disturbed by the construction of this project
are to be returned to t4e pre-existing shape and slope and then finished and dressed.
No separate payment will be made for grassing, fertilizing and mulching of disturbed
areas, unless specifically shown as a pay item.
Discontinued roads or other areas inside or outside the project construction limits, but
within the existing or. required right-of-way, shall be obliterated and restored as
nearly as possible to the original contour of the ground (see Section 205 of the
Standard Specifications).. No separate payment will be made for this work.
Where item number 700-6001 is shown as a pay item, Georgia Department of
Transportation specifications are modified to provide that the lump sum price bid
shall be full payment for all fertilizer, lime and nitrogen. No separate measurement
for payment will be made for any work or materials required to accomplish a stand of
permanent grass.
If'a satisfactory stand of permanent grass has not been obtained prior to the Final
Inspection the.. contractor shall begin watering and continue watering until a
permanent stand of grass is accepted. by the Engineer. Water sources shall public
streams and/or farm ponds if Augusta Richmond County watering restrictions
prohibit other sources. If for any reason watering is not a viable option. the contractor
shall treat all unaccepted. areas with ~oose sod as describedin Subsection 700.08A and
700.0SC. There will be no additional pay for this work.
INSPECTIONS:
This project will be inspected by the Engineer or his Representative.
LANDSCAPING:
All the requirements of Section 7Q2 of the Georgia Department of Transportation
Specifications, current edition, are applicable to this project except as follows: there
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will be no separate pay for staking, including Perimeter Staking and for Spring
Application of Fertilizer. All costs shall be included in prices bid for Landscape
Items.
Bag grown plants are not acceptable.
LUNIP SUM CONSTRUCTION:'
The Contractor shall provide breakdbwns on all components that make up Lump Sum
Construction. The breakdown shall provide the unit price assigned to each
component. Forms designed specifically for these breakdowns'
MAILBOXES:
Existing mailboxes that are in conflict with the proposed construction shall be
removed and relocated. Where feasible the existing mailboxes and supports
may be utilized as approved by the Engineer so long as the supports are of metal
PIPE with a maximum diameter of two(2) inches or wood, with a maximum
diameter of four( 4) inches.
Note: There shall be no supports of any material other than the two mentioned
above. All existing mailboxes and supports containing brick, masonry of any type,
metal, etc. shall be disassembled and all components, not meeting the above
requirements, shall be removed from the project and disposed in a proper manner.
When not shown as a pay item, payment shall be included in the price bid for Lump'
Sum Construction and itemized as such.
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes,
Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard.or
special design shall be paid for Per Each. There will be no separate payment for
additional depth unless specifically shown as a pay item.
NOTE: All Catch Basins; Drop InI~ts, manholes, exposed Junction Boxes, etc., with
concrete topslabs shall inchide.manhole rings and covers. The Contractor shall install
the manhole rings and covers such that the steps can be easily accessed.
NORMAL WORKING HOURS:
The normal working hours' for ARC Inspectors are from 8:30 AM to 5:00 PM.
When the contractor elects to . work outside these hours he. shall be billed for the
Inspectors salary plus benefits unless such work is initiated by the Owner. The
contractor may utilize.a certified. testing company in lieu of the ARC Inspector when
approved by the Engineer. Payment f9r the contractor's testing company will be the
. responsibility of the contractor:, (See article below on TESTING.
PATCHING AND REPAIR OF MINOR DEFECTS:
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Where needed, the contractor is required to patch and repair existing potholes, minor
pavement defects and base failures ill accordance wIth the Specifications.
P A VEIvfENT CUTS:
All pavement cuts shall be sawed with a neat vertical edg'e, regardless of material,
consistently straight enough that a roller can follow the edge precisely to achieve the
desired compaction. Irregular edges will not be accepted. Payment shall be included
in the price of the pipe.
PAYl\1ENT FOR PIPE CULVERT INSTALLATION:
3.
Payment for pipe culvert or utility installation includes sawing and/or cutting
and removing existing pavement and replacing the pavement.as specified in
accordance with Standard 1401.
Payment for pipe culvert includes plugging existing pipe with Class "A" or "B"
concrete (See Georgia Standard 903l-L).
Payment for pipe culvert includes any required Concrete collars (See Georgia
Standard 903l..,U).
All concrete storm drain and longitudinal pipe shall include O-ring gaskets.
1.
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4.
PIPE CULVERTS:
Unless otherwise noted, all storm drain, longitudinal and stub pipes are to be
reinforced concrete. . All required pipe culverts shall be in accordance with Standard
1030-D.
Foundation Backfill Material Type I shall conform to Georgia Standard l030-D. No
separate pay item will he made for this material or its placement.
payment forpipe culvert or ~tilityinsta1lation includes sawing and/or cutting and
removing existing pavement sidewalk, curbing, etc., and replacing same as specified
in accordance with Standard 1401. Payment for pipe culvert includes plugging
existing pipe with Class "A" or "B'~ concrete and for constructing concrete collars.
The contractor shall incluae in his price bid for pipe, the additional cost of bends,
tees, fasteners, appropriate' gaskets' (see Section 848 of the Standard Specifications),
and structure excavation.
PRECAST CONCRETE UNITS:
Precast Concrete Units, other than those specifically allowed by Georgia Department
of Transportation Specifications, such as Drop Inlets, Catch B'!Sins, Manholes, etc.,
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shall not be installed without written permission from the Engineer. Any such units
installed without such written permission shall be removed from the project.
RELOCATED WATER METERS:
Relocated water meters and water meter boxes may not be placed in the sidewalk.
REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD:
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It shall be the contractor's responsibility to remove and reset any and all existing
ornamental shrubs and bushes' and sod in conflict with proposed construction.
Coordination with the property owners is es~ential in this endeavor. The contractor
will not be held responsi~le for care and maintenance after removing and resetting
these plants and, sod except in cases where the Contractor's equipment causes
irreparable damage or where plants 'and/or sod dies as the result of negligence on the
Contractor's. part. In which case~, the Contractor will be held responsible for
replacement. Sod shall be reset with ground preparation in accordance with
Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod.
The Contractor shall remove the sod in a manner that will be conducive to insuring
that the reset sod will live. At the. contractor's option, he may replace any sod he
removes with new s,od of the same type. No separate payment will be made for this
work or replacements unless specifically shown as a pay item.
REMOVING AND RESETTING OF OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and reset any and all obstructions,
such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete
entrance columns, etc., which are' in conflict with construction. Contractors are
responsible for the security of pets and/or. personal property through the use of
temporary fence if necessary. No separate payment will be mad~for this work except
when shown as a separate pay jtem.
RIGHT-OF-WAY AND EASEMENTS:
The Contractor shall not perform any work outside the1imits of the right-of-way or
easements. In addition, no equipment or material shall be placed outside these areas
without written permission of both the property owner and the Engineer. In the event
that the ContraCtor elects to utilize private property for any purpose connected with
the project, such as, but not limited to, staging areas, equipment and/or material
'storage or simply as a convenience, he shall submit a written agreement to the
Engineer containing vital information such as limits of both area and time the
property is to be utilized and a description of the intended use. The agreement must
be signed by both the property owner and the Contractor and will be reviewed and
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recorded by the Engineer. Such agreements must be submitted pnor to the
contr~ctor's use of the property.
All buildings located on newly acquired RJW and/or easements shall be relocated by
the Contractor. Such buildings on existing RJW and/or Easements shall be removed
by the owner or will become the property of the Contractor.
SALVAGEABLE MATERIALS:
As directed by the Engineer or his representative, all salvageable materials, such as
drainage pipe, which require removing but are not tobe used on this project, are to be
cleaned and stored within the right-of-way by the Contractor. These materials shall
be picked up and transported by Augusta Richmond County forces. The Contractor is
responsible and shall make r.estitution to Augusta-Richmond County for materials
damaged through his negligence.
SAw CUTS:
When matching existing coridi'tions,' saw cuts shall be used as required by Augusta-
Richmond County. Only saw cuts in Portland Cement Concrete which ~e shown as
contract pay items will be paid for separately. No saw cuts in asphaltic concrete will
be paid for separately. Unless specifically noted this does not apply to pipe trenches.
SHOULDER WORK:
All necessary cleaning of the existing pavement, including clipping of shoulders,
required prior to resurfacing shall be the responsibility of the Contractor. The
material displaced shall be removed, lowered or spread over the shoulder to an
, elevation and slope which will provide adequate drainage. The cost of such work
shall be included in the prices bid for other items.
Sod will not be paid for separately ,when used to match or replace sod on adjacent
lawns as replacement in kind. 'See GDOT.specifications, subsection 700.04 E.
SPECI.A.L EVENTS:
When Special Events occur, such as:the Augusta Masters Golf Tournament, all work
shall be safed up, shut down and maintained until the Engineer okays the resumption
of work. No project is exempt without the expressed approval of the Engineer. If
these type work stoppages impose a hardship, contract time wise, consideration will
be given to extending the contract time in an amount commensurate with the delay
caused by such work stoppages provided the Contractor has. otherwise pursued the
work diligently.
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SPECIFICATIONS, STANDARDS AND OTHER DATA:
., All references in this document, (includes all papers, writings, documents, drawings,
or photographs used, or to be used, in connection with this document), to State
Highway of Georgia, State Highway Department, Highway Department, or
Department when. the context thereof means the Georgia Department of
Transportation means, and shall be deemed to mean, Augusta-Richmond County,
Augusta-Richmond County Commission-Council Department of Engineering
Services.
The data, together with all other information shown on these plans, or indicated in
any way thereby, whether by drawings or notes or in any other matter, are based upon
field investigations and are believed to be indicative of actual conditions. However,
the same are shown .asinformation only, are not guaranteed, and do not bind Augusta-
Richmond County, Georgia in any way. Only the actual quantities completed and
accepted will be paid for. The attention of the bidder is specifically directed to
Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the
Georgia Department of Transportation, current edition, which will be part of this
contract.
This project is, based on, and shall be constructed in accordance with, the State of
Georgia Department of Transportation Standard Specifications for Construction of
Roads and Bridges, current edition and any supplements thereto. All of these
specifications shall be considered as though fully contained herein. In cases where
conflicts arise within these specifications, they will be revised to resolve such
conflict. Until the conflict is resolved, the interpretation of the Engineer shall control
the situation.
SPENDOUT SCHEDULE:
A Spendout Schedule beginning with the Notice To Proceed and extending
through the anticipated construction life of the project, shall- be submitted at the
Preconstruction Conference. Such schedule shall include the anticipated
earnings on a nionthly"basis. .
STORAGE BUILDINGS:
The existing sheds and/or buildings shown to be relocated will be relocated by the
contractor or reconstructed as required outside of the easement as noted on the plans.
Unless otherwise specified, the costs associated with this shall be included in Bid
Item 230-1000 Lump Sum Construction and described in the itemization of Lump
Sum Construction.
STORM DRAIN PIPE:
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Unless otherwise noted, all storm drain, longitudinal and stub pIpe are to be
reinforced concrete and shall include O-ring gaskets.
SUBCONTRACTORS:
The Contractor shall furnish the official name, plus the'name and telephone number
of the 24 hour emergency contact of all firms he proposes to use as Subcontractors in
the work. This information is to be furnished at the Preconstruction Conference.
How.ever, no work shall be done on this project by a Subcontractor until the
Contractor receives approval of his Subcontractor(s) from the Engineer.
NOTE: All submissions shall include the following information for each .
Subcontractor:
1) Name of Subcontracting Firm
2) Description of Work To Be Done
3) Contact Person's Name and 24 Hour Phone Number
SUPERELEV ATION:
All horizontal circular curves are to be superelevated in accordance with Georgia
Standard 9028-C as directed by the Engineer. .
TESTING OF THE WORK:
The Contractor shall employ a qualified materials testing laboratory to morutor more
fully the quality of-materials and work and to perform such tests as may be required
under the contract documents. as conditions for acceptance of materials and work.
THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER
TO CONTROL THE QUALITY OF THE WORK.
All test results are to be submitted to the Engineer. No separate payment will be
I '. made for employing the testing laboratory or any required tests.
- --~--TESTROLLING:
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Prior to placing any base course, the sub grade shall be test rolled on six feet centers
using a loaded dump truck or other equipment approved by the Engineer.
TRAFFIC CONTROL:
The Contractor shall provide construction signs in accordance with requirements of
"Manual on Uniform Traffic Control Devices for' Streets and Highways", current
edition with added supplements and special provisions.
The attention of the Contractor is specifically directed to Subsection l07.09 of the
Standard Specifications regarding barricades, danger, warning, and detour signs.
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I The Contractor shall so conduct his operations that there will be a minimum of
interference with, or interruption of, traffic upon and along the roadway. This applies
to the initial installation and the continuing maintenance and operation of the facility.
I At least one-lane, two.:.way traffic shall be maintained at all ~imes unless approved
otherwise by the Engineer. As a minimum, the Contractor must comply with the
Manual on Uniform Traffic Control Devices, current edition and Georgia Standard
1_____._'___.9102. ,
UNIFORMED POLICE OFFICERS:
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All temporary signs, barricades, flashing lights, striping and any other traffic control
.- devices required during constI1Iction of this project shall meet all requirements of the
M.U.T.C.D., current edition, as directed by the Engineer and be furnished by the
Contractor with payment in accordance with Section 150.
The Contractor shall so conduct his operations that -there will be a minimum of
interference with, or interruption of, traffic on the travelway. This applies to the
initial installation .and the continuing maintenance and operation of the facility. At
least one-lane, two-way, traffic shall be maintained at all times 'unless approved
otherwise by the Engineer. As a minimum, the Contractor must comply with the
Manual on Uniform' Traffic Control Devices, current edition and Georgia Standard
9l02.
The Contractor shall provide all temporary traffic control devices needed to safely
direct traffic through the construction area.
All temporary traffic control devices are to be placed in accordance with Georgia
Department of Transportation Standards and Specifications.
TRAFFIC DETOURS:
Where detours are required and in accordance with Section l50 of the Standard
Specifications and any Supplements thereto, the Contractor shall file for approval a
detour plan of operation for this project. This plan shall include details of staging and
rerouting of traffic including estimated length of time for use of the detours.
When shown as a pay item Uniformed Off-Duty Police Officers shall be used as
directed by the Engineer. The bid price;: shall be' $l5. OO/hour.
UTILITIES:
All utility facilities except, those owned. by Augusta Utilities Department which are in
conflict with construction, not covered as specified items in the detailed estimate, are
to be removed and relocated to clear construction by the respective owners with the
exception of Augusta Utilities and Augusta Traffic Engineering unless added later to
the contract as a supplemental 'item. All "above ground" utility structures will be
located as near as possible to the right-of-way line.
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The Contractor will not be paid for any delays or extra expense caused by utility
.~ facilities obstructions or any other items not being removed or relocated to clear
construction in advance of his work.
All known utility facilities are shown schematically on the plans, and not necessarily
accurate in location as to plan or elevation. Utility facilities such as service lines or
unknown facilities not shown on the plans will not' relieve the Contractor of his
responsibility under this requirement except as noted below. "Existing Utility
Facilities" means any utility facility that exists on the highway project in its original,
relocated or newly installed position. Other than service lines from street mains to
the abutting property the contractor will not be held responsible for the cost ofrepairs
. to damaged underground utility facilities when such facilities are not shown on the
plans and their existence is unknown to the Contractor prior to the damage occurring,
providing the Engineer determines the Contractor has otherwise fully complied with
the Specifications.
The Contractor shall use the one-call center telephone number 1-800-282-7411 for
the purposes of coordinating the marking of underground utilities. .
The Contractor's attention is directed to the probability of encountering private utility
installations consisting of sanitary sewers, water, sprinkler systems, ornamental light
systems, gas and underground telephone cables that either are obstructions to the
execution of the work and need to be moved out of the way or, if not, must be
properly protected during construction. No separate payment will be made for this
work. Public utilities of this nature except Augusta Utilities and Augusta Traffic
Engineering will be handled by the utility owner.
I THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK
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Georgia Power Company'
4220 Evans To Lock Rd.
Evans, Georgia 30809
Telephone (706) 667~5633
Attention: David Wattwood
Atlanta Gas Light Co
l840 Wylds. Rd.
Augusta, Georgia 30913
Telephone (706) 481-l452
Attention: Carl Corley
Bell South
3841 Wrightsboro Road
Augusta, Georgia 30909
Telephone (706) 860-8582
Attention: 'Calvin Hamby
Jefferson Energy Cooperative
P. O. Box 457.
Wrens, GA 30833
Telephone (706) 547-2167
Attention: Roy Chambers
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VERTICAL GRADES:
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I responsibility to provide his own grades ifhe so desires.
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Comcast
P.-O. 'Box 3579
Augusta, Georgia 3.0904
Telephone (706) 739-l865 . .
Attention: Kevin O'Meara
Augusta Utilities
360 Bay Street, Suite 18b
Augusta, Georgia 30901
Telephone (706) 312-4132
Attention: Max Hicks
AT&T
937 Greene St.
. Augusta, Georgia 30901
Telephone 706-836-2240
Attention: Bill Wadley
Knology
3714 Wheeler Road
Augusta, GA 30909
Telephone (706) 294-2975
Attention: Patrick Casey
KMC
Telephone:
ATTENTION DENNIS NORVIEL
UTILITY ACCOMMODATION POLICY:
In so far as possible, work shall be scheduled so that open excavations will not be left
overnight. Where trenches, pits or other excavations are within the clear roadside
areas and cannot be backfilled before leaving the job site, they shall be covered by
timbers or metal plates and protected by reflectorized and/or lighted barricades as
. .
appropriate and as directed by the Engineer. Barricades sufficient to prevent a person
from falling into an excavated or work area must be erected in areas where these
conditions exist.
It is the Contractor's
WARRANTY:
Unless otherwise specified, all contract work is subject to a l2-month warranty. The
12-month warranty is hereby modified to include the following: Any repairs,
cOl!ections or modifications perfo~ed within the last six months of the original 12-
month warranty shall have the original l2-month warranty extended 180 calendar
days past the date of such repairs, corrections or modifications.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 1SD-TRAFFIC CONTROL
August 28, 1995
First Use: October 20, 1995
Modification of Special Provision
Section 150 . Traffic Control (Rev. June 21,1994)
Retain Section 150 as written and add the following:
For this project, all references to flags on construction warning signs in the Standard Construction Details
listed below are deleted except for signs which are mounted at less than seven (7') feet in height (portable
signs): -
Standard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median
· Transition of 4-Laile Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and
. applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated
September 3, 1993.
150.0.2 WORKZONES: Delete "Work Zones" and substitute: Temporary Traffic Control Zones.
150.0.2. 8..2.: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200
feet in advance of the temporary gore, arld 10 feet for the first 100 feet of the temporary gore.
150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written and add secondparagraph.
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 positiye barrier protection.
Unprotected posts shall meet the breakaway requirements of the "1985 AN:;HTO 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 underGarriage of a vehicle.
150~03.H: CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVE.N FEET IN HEIGHT NO LONGER REQUIRE THE USE OF
WARNING FLAGS.
Delete first sentence of second paragraph and substitute:'
Construction warning signs which are mounted at less than seven feet in height (portable signs) shall
have two 1.8 inch x 18 inch fluorescent'red-o~angeor orange-red warning flags mounted on each sign.
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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 line's 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 (eleuen).
150.1 0 PAYMENT: Item No. 641 - Delete reference to Type 9 and substitute Type 11 (eleven).
SPECIAL PHOVISION
SECTION 150- TRAFFIC CONTROL
June 22, 1994
First Use: July 24, 1994
Modification of Standard Specifications, 1993 Edition
Retain Section 150 as written and add the following:
For this project, all references in the Standard Construction Details listed below to Type I Barricades,
Type II Barricades, Type "A" flashing-lights and Type "C" steady bum lights are deleted, except that
Type "C" lights 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. .
:I_~__~:r:>e~._~~~~ s~own o~ Cie~rgia_Standard 4960is deleted.
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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 wrt.tt(m and substitute the following:
150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTCD shall be
considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and
removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic
control devices and shall include flagging and other means for guidance and protection of vehicular and
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
pedestrian traffic through the Work Zone. This Work shall include both maintaining existing devices
(excluding Traffic Signals) and installing additional devices as necessary in construction work zones.
When any provisions of this Specification or the Plans do not meet the minimum requirements of the
Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the
- MUTCD and Revision 3, dated September, 1993, of Part VI 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 havepriority 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 tr3.ffic 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. Goveniment Printing Office
Supenntendent of Documents
Mail Stop: SSOP
Washington, D.C. 20402-9328
The WTCS shall be available on a 24-hourbasis as needed to maintain traffic control devices with
access to all personnel, materials and equipment nec'essary to respond effectively to an emergency
situation within forty-five (45) minutes of notification ofthe emergency.
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 niajor changes to the approved traffic control plan, proposed by the
Contractor, are to be submitted to the Department for approval in accordance with Subsection 104.03
of the Standard Specifications.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SOme additional traffic control details Will be required prior to any major shifts of traffic. The traffic
control details shall include, but not be limited to, the following:
1. A detailed drawing showing traffic location and laneage for each step of the change.
2. The location, size, and message of all signs rElquired 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 spacIDg of channelization and protective devices (temporary barrier,
guardrail, barricades, etc.)
8. Starting time, duration and date of planned change.
9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing
workforce, materials, and equipment necessary to accomplish the proposed work. This will be the .
. minimum resource allocation required in order to start the work.
The above details shall be submitted to the Engineer for approval at least 14 days prior to the
anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has
been approved by the Engineer prior tQ commencement of the physical shift. All preparatory work
relative to the traffic shift which. does notmterfere 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
I 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.
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G. The Department reserves the right to restrict construction operations when, in the opinion of the
Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before,
on, or after holidays or other days in which unusual traffic conditions exist, including threatening or
inclement weather.
150.02 WORK ZONES:
A. In addition to the other provisions cont.ained herein, work zone traffic control shall be accomplished
using the following means and materials-:
1. Portable advance warning signs as requir.ed by the contract or meeting the requirements of the
MUTCD and Sub-Section 150.03.
2. Portable sequential' or flashing arrow panels as shown in the Plans or Specifications for use on
Interstate or multi-lane highway lane closure only, shall be a minimum size of 48" high by 96"
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
wide with not less than 15 lazrips useq. for the arrow. The arrow will occupy virtually the entire
size of the arrow panel and'shall have a minimum legibility distance of one mile. The minimum
legibility distance is that distance at which the arrow panel can be comprehended by an observer
on'a sUnny day, or clear night. Arrow panels shall be equipped with automatic dimming features
for use during hours of darkness. The arrow panels shall also meet the requirements as shown
in the MUTeD. The sequential or 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 ~d when required, pilot vehicles will be deemed sufficient.
3. Portable changeable message signs meeting the requirements of Section 632 and the MUTeD.
. .
4. Channelization devices meeting the standards of the MUTCD and Subsection 150.05.
5. Precast concrete barrier meeting the requirements of Section 622.
6. Temporary traffic signals meeting the requirements of Section 647.
7. Pavement marking materials complying with Subsection 150.04.A.
B. LANE CLOSURES:
1. All lane closures shall have prior approval of the Engineer. Lane closures that require same
direction traffic to be split around the Work Area will not be approved for roadways with posted
speeds of35 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 shail 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 Contractor shall remove all signs, lane closure markings, and devices immediately when lane
closure work is completed or temporarily suspended for any length of time or as directed by the
Engineer.
1. PAClliG OF TRAFFIC: With prio~ 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 oftraffic.
The Contractor shall provide a unifonned polic~ officer with patrol vehicle and blue flashing light for
each direction ofpacing.l'he police officer, Engineer, and flaggers at ramps shall be provided with a
radio which will provide continuous contact with the Contractor.
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STATE OF GEORGIA
When ready to start the work activitY, the police vehicle will pull into the travel lanes and act as a
pilot vehicle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform
the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic,
with a'flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be opened
after the police vehicle has passed. .
Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph
non-interstate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and
behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared
the area.
, Traffic will not be permitted to stop during pacing except in extreme cases as approved by the
Engineer.
2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of
the'beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72
inch) with a Type "B" flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY'
(See 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 sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered
or removed. W-special signs are reflectorized black on orange, Series "C"letters and border of the size
specified. '
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, 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
I not reverse direction except at intersections, interchanges, or approved temporary crossings.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
T YP'E ... F'LJ.SH J II: LI CHT CJI nu.r F'I C S J DE
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1'''J. BORDER
3. IUDIUS
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.-SPEC I AL S I GIl
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SICM SHALL HAY[ BLAO> LE[;t1C> AN) BORDER
Ole CJWG: REFL[CTOR I rED ~CRl:lJHD
DETAIL 150-A
E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not
interfere with normal traffic operations or adjacent properties.
F. Existing street lighting shall remairi lighted as long as practical and until removal is approved by the
Engkeer. .
G. Adequate temporary lightIng shall be provided at all nighttime work sites where workers will be
immediately adjacent to traffic. '.
H. For their own protection, workers in or adjacent to traffic during nighttime operation shall wear
reflectorized vests. '
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STATE OF GEORGIA
1. The parking of Contractor's and/or workers personal vehicles Within the work area or adjacent to
traffic is prohibited.
J. The Wbrksite 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. Whenever changes to the worksite necessitate
changes to existing walkways, temporary walkways shall be provided and maintained, with
appropriate signs as necessary, to allow safe passage of pedestrian 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 theMUTCD, the Plans, Special
Provisions, or as directed by the Engineer. These signs shall remain the property ofthe 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
'I ' location or legend content. 'When change is required, existing signs shall be modified and continued
in use if the required modification can be made within existing sign borders using design
,: ~- - ,-- requirements Oegend, letter size, spacing, border, etc.) equal to that 'of the existing signs, or of
Subsection 150.03.E.5. Differing legertd designs shall not be mixed in the sanie sign.
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1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that
are deSigned with a message content Oegend) that applies to a particular roadway location. When
an existing special guide sign is in conflict with work to be performed, the Contractor shall remove
the conflicting sign and reset it in a new,non-conflicting location which has been approved by the
Engineer.
2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in
place or relocated, the Contract.orshall furnish, erect, maintain, modify, relocate, and remove new
interim special guide signs in accordance with the Plans or as directed by the Engineer.
3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide signrstructures are not required to be lighted unless specifically required by the Plans. If lighting is
required the sign shall be lighted as soon as erected and shall remain lighted, during the hours
of darkness, until the interim sign is no longer required. The Contractor shall notify the Power
Company at least thirty (30) days prior to desiring connection to the power source.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. The installation of new pe!Dlanent 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. Iflighting is required by the
Plans, all new permanent overhead special guide signs shall be lighted as soon as erected.
5. Interim special guide signs that may be required in addition to, or a replacement for, existing
eXpressway and freeway (interstate) signs must be designed and fabricated in compliance with
the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways"
and Part 2F "Guide Signs Fre'eways" of the MUTeD, except that the minimum size of all letters
and numerals in the names of places, streets and highways on all signs shall be 16 inches Series
"E" initial upper-case and 12 inches lower-case. All interstate shields ,on these signs shall be 48
inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the '
exit road name or route shield shall be placed on the exit gore sign.
F. MATERIALS - INTERIM SIGNS:
1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green
or silver paint may be used in lieu of galvanization for steel posts or structural shape posts. Wood
posts are not required to be pressure treated.
2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 ofthe
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 (W20-1) signs placed
at the termini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET,
"I AND 500 FEET.) In addition to th, e 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. '
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All construction warning signs shall have two 18 inch x 18 inch fluorescent red~orangeor 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. Allconstruction warning signs ondivid,ed 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. 1be portable changeable message sign, when specified, shall be placed ahead of construction activities
and shall meet the requirements of Section 632 and the MUTCD.
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STATE OF GEORGIA
K The flashing beacon assembly, when specified, shall be used in conjunction 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 mar~gs in accordance with Section' 652 and in conformance with
Section,3A and 3B, except 3E-3 'and, 3B-S, of the MUTeD are required on all courses before the
roadway is opened to traffic. No passing zones shall be marked to conform to Section lS0.04 E. During
construction and maintenance activities on all highways open'to traffic, both existing markings and
markings applied under this Section shall be fuJJy 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. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width
and shall conform to the requirements of Section 652, except as modified herein. Raised pavement
markers (RPMs) shall meet the requirements of Section 654. Markings on the final surface course
which 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 fmallane configuration at the earliest possible stage. _
Inappropriate or conflicting existing pavement markings shall be removed.
, When shifting of traffic necessitates removal of cenu!rline, lane lines, or edge lines, all such lines shall
be removed prior to, during,or immediately after any change so as to present the least interference
with traffic. '
Before any change in traffic lane(s) alignment,marking removal equipment shall be present on the
project for immediate use. If marking removal equipment failures occur, the equipment shall be
repaired or replaced (including leasing equipment if necessary), so' that the removal can be
accomplished without delay. .
Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course,
when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose
of eliminatirig 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 lblsq.
yd. of Asphaltic Concrete nRn) 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 fmal
surface and is open to traffic, one calendar day is allowed for cleaning and drying before the
, installation of RPMs is required.
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STATE OF GEORGIA
1. On Interstate and limited access highways under construction, excluding projects consisting
primarily of asphalt resurfacing items, retro-reflective raised pavement markers (RPMs) shall be
placed and/or maintained on intermediate pavement surfaces opened to traffic as follows:
a SUPPLEMENTING LANE LINES:'
80 foot centers on skip lines With curvature less than three degrees. (Includes tangents.)
40 foot centers on solid lines and all lines with curvature between three degrees and six
degrees.
20 foot centers on curves over six degrees.
20 foot centers on lane transitions or shifts.
b. SUPPLEMENTING RAMP GORE LINES:
20 foot centers, two each, placed side by side.
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c. OTHER LINES:
As shown on the plans or directed by the Engineer.
2. On other highways under construction RPMs shall be used andlor maintained on intermediate
pavement surfaces as fonows: -
a SUPPLEMENTING. LANE LINES AND SOLID LINES:
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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.)
_I___~~_----_.~ 20,foot centers on-lane ,shifts;, (Required-in' all cases;)
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RPMs are n2t allowed on right edge lines.
E. EXCEPTIONS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern
of markings are permitted as noted below, however, full pattern pavement markings are required for
the completed project.
1. TWO-LANE, TWO-WAY ROADWAYS
a SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes
shall be at least four feet long with a maximum gap of 36 feet. On curves greater than six
degrees, a two-foot stripe with a maximum gap of 18 feet shall be used. In lane shift areas
skip lines will not be allowed. Solid Lines will be required. Interim skip lines will be
permitted for a period not to exceed 14 calendar days. Interim skip lines must be replaced'
With markings iIi full compliance with Section 652 prior to expiration of the 14 calendar day
period.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Interim raised pavement markers may be substituted for'the interim skip (broken) stnpes.
If raised pavement markers ate 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 interiD:l 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 ofinterlnl 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 nntil 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 roadviays for periods not to exceed three
calendar days where skip centerlines are in place, no-passing zones may be identified by
using post or portable monnted 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 CARE regulatory sign (R4-1 24" x 30") shall be placed at the
end of each no-passing zone. Post m<?nnted signs shall be placed in accordance with the
MUTCD. Portable signs musthave a minimum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned.
c.
EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic concrete'leveling for bituminous surface treatment paving) that
are in use for a period ofless than 60 calendar days except at bridge approaches, on lane
transitions, lane shifts, and m 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 th~ 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
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d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols,
words and other similar markings shall be placed on final surfaces conforming ta 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 or special
Conditions or when the intermediate surface will be in use for more than 45 calendar days.
2. MULTI-LANE HIGHWAYS - WITH No' PAVED SHOULDER(S) OR PAVED SHOULDER(S)
'FOUR FEET OR LESS '
a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN T.tillE)
(1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers
shall be restored before nightfall.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) Lanelines . Interim skip (broken) stripe as described in Subsection 150.04.E.1.a. may be
used for periocls'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) Centerline/Edgeline - 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.l.d.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER
THAN FOUR FEET
a. Same as Subsection 150.04.E.2. except as noted in (b) below.
b. EDGELlNES.
, (1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and final
surfaces prior to opening to tTaffiC.
(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
I location projects and on projects where either horizontal or vertical alignments have been modified,
- .----- the,lo~tion of No-Passing Zones will be identified by the Engineer. ' ,
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G. ,MOBILE OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are
applied in a continuous operation bY,IQoving vehicles and equipment, the following minimum
equipment and warning devices shall be re-quired in addition to the requirements of the MUTeD:
1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential
or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicle is not
required for low volume off-system routes and one-way traffic applications.
2. The work vehicle applying markingsshaIl have a sequential or flashing arrow panel mounted on
the rear. If the work vehicle is also functioning a.s the lead vehicle then an approved arrow panel
shall be mounted so as to be eaSily visible to oncoming traffic. The work vehicle shall follow
directly behind the lead vehiCle. '
3. The work vehicle placing cones shall' follow directly behind the work vehicle applying the
, markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the
rear.
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DEP AR'ThffiNT OF TRANSPORTATION
STATE OF GEORGIA
4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection
vehicle shall also display a prominent sign with the legend PASS ON LEFT (RIGHT). On
interstate and limited access roadways, the protection vehicle shall be equipped with a truck
mounted 'attenuator (TMA) that is certified for impacts not less than 45mph 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 travelway 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 MUTeD, and the
following requirements.
1. Types of Devices Permitted for Channelization in Construction Work Zones:
a. DRUMS:
(1) DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be
reflectorized as required in Subsection 150.0I.C.
(2) APPLICATION: Drums shall be used as the required channelizing device to delineate the
full length of alane closure, shift, or encroachment, except as modified by this Subsection.
(a) TRANSITION TAPERS AND LANE CLOSURES: Droms shall be used on all
transition tapers. The minimumlength of the approach transition taper for a lane closure,
shift, or encroachment for highways with posted speed of 45 mph or greater shall be equal
to the lane width of lateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not
less than 150 feet. For multiple lane closures, only one lane may be closed per taper with
a minimum tangent length of 2L between tapers. The length of a closed lane, excluding
the transition taper, will be liririted 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 urhan, residential or other streets where the posted speed is 40 mph
or less, the minimum-length of the approach transition taper may be computed using the
fomuIa L = WS2 /60: Greater taper length shall be used when required for individual
situations. '
Drums with steady burning Ilghts, 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 ofthe conditions listed as follows:
(1) 50 FOOT SPACING MAXIMUM:
(a) For difference in elevation exceeding two inches.
(b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail
150-E..
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) 100 FOOT SPACING MAXIMUM:
(a) For difference in elevation of two inches or less.
(b) F1ush areas where equipment or workers are within ten feet of the travel lane.
(3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than
ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane.
(a) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane.
(b) For disturbed shoulder areas not completed to typical section that are flush
to the travel lane and considered a usable shoulder.
When the appropriate signs are posted advising of conditions such as soft or low
shoulder, drums may be removed after shoulders are completed to typical section
and grassed and after guardrail or other safety devices have been installed.
b. VERTICAL PANELS: '
(1) DESIGN: All vertical panels shall have a minimum of 270square inches ofretro-reflective
area facing the traffic and shall meet the requirements of the MUTeD.
(2) APPLICATION: Lane encroachment by the drum on the travelway should permit a
remaining lane width of ten feet. When encroachment reduces the travelway to less than ten
feet, vertical, panels shall be used to restore the travelway to ten feet or greater. No other
application of vertical panels will be permitted.
c. CONES:
(1) DESIGN: All cones shall be a minimum of28 inches in height regardless of appli~ation and
shall meet the requirement of the MUTCD.' -
, (2) APPLICATION: Forlongitudinal channelizing only, cones will be permitted for daylight
closures or minor shifts. (DrUms are required for all tapers.) The use of cones for nighttime
I work will not be permitted.
~ --------;------d:---- BARRICADES:
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(1) DESIGN: The use of Type land TYpe II barricades will not be permitted. Type III
barricades shall meet the minimum requirements of the MUTCD and shall be reflectorized
as required in Subsection 150.01.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 m~et 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. F1ashing lights are nohequired for advance
warning signs in Subsection 150.03.H.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(b) Type C Steady-Burri lights shall be used on all tapers when the condition existl into
the night. Steady-bum 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-monnted 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 ATT~NUATOR MODULES
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance, relocation, reuse
as required, and, removal of TemporaI)' Sand Loaded Attenuator Modules for traffic impact
attenuatOrs.
2~ MATERIALS: Materials used fu the Attenuater shall meet the requirements of Subsection 648.02
for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules -
Stabilizer Drums with Wine Glass shaped Inner Containers.
3. CONSTRUCTION: Temporary Sand Loaded Attenuator Module installation shall conform to the
I requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard
, 4960 and shall be installed at locations designated by the Engineer.
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C. PORT4,BLE IMPACT ATI'ENVATORS: '
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 reconimendations, and Georgia Standard 4960 and shall be
installed at locations designated by the Engineer, and/or shown on the plans.
D. TEMPORARY GUARDRAIL ANCHORAGE - TyryP. n:
1. DESCRIPI'ION: This work consists of the furnishing, installation, maintenance and removal of
Temporary Guardrail Anchorage. Type U used for Portable Barrier or temporary guardrail end
treatment.
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2. MATERIALS: Materials used-in the Temporary Guardrail Anchorage - Type 11 shall meet the
requirements of Subsection 641.02 of the Standard Specifications and current Georgia Standards
and may be new or used. Materials salvaged from the Project which meet the requirements of
Standards may be utilized if available. The use of any salvaged materials will require prior
approval of the Engineer.
3.
CONSTRUCTION: Installation of the Temporary Guardrail Anchorage - Type 11 shall conform
to the requirements of the Plans, current Georgia Standards and Subsection 641.03 of the
Standard Specifications. Installation shall also include sufficient additional guardrail and
, appurtenances to effect the transition and connection to Temporary Concrete Barrier as required
by the details in Georgia Standard 4960.
150.06 EXCAVATION ADJACENT TO -A TRAVEL LANE: Construction work involving trenching adjacent
to a travel way shall not begin untilthe 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 Detail150-E.
Channelization devices and placement during the construction period shall conform to the requirements
of Subsection 150.05 and Details l50-B,150-C, l50..D, and l50-E shown herein.
In addition to the signs specified in Section 150 and the MUTeD, a W-20 sign with the legend "(LEFT)
(RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream
of the point where channelization devices are erected on the paving edge.
A STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop~ffs in elevation of more than
two inches between surfaces carrying, or adjacent to, traffic will not be allowed for more than 24
hours. However"where the Contractor has demonstrated the ability to continuously excavate and
backfill in a proficient manner, a single'length of excavated area not to exceed 1000 feet may be left '
open as a start up area for periods not to exceed 48 hours. '
B. ASPHALT BASES/BINDERS: Drop-off's in elevation of more than, two inches between surfaces
carrying or adjacent to traffic will not be allowed for more than 48 hours.
C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BM?ES: 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 Jor each section placed. During the placement period, traffic control
devices will be in accordance with Subsection ,150.05 and Detail 150-B.
MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRA VELW AY: Work such as
drainage structures, utility facilitie~, or any other work which results in a drop-off adjacent to the
travelway shall be performed expeditiously so as to minimize the exposure to the hazard. As soon as
practical, the excavation shall be backfilled to the minimum requirements ofDetail150-E. In no case
will the drop~ffbe allowed to exist more than five calendar days. This may require stage construction,
such as plating and backfilling the incomplete work.
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DEPARTMENT OF TRANSPORTATION
, STATE OF GEORGIA
NOTEI Drums reQUIred for thfa
10cotton.sPoced at 50' FT. Intervols.
If the traveled woy wfdth
fs reduced to less than
10 feet by the use of drums.
vert1col ponela sholl be used
In neu' of drum& ' '
Loccitlon of drums when
drop-off exceeds ~ Inches.
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t NEW CONSTRUCTION +
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TRAVEL LANE
DROP-OFF GREATER THAN 4 INCHES
DETAIL 150-8
Drums spaced ot
SO' feet tnteryols.
LocatIon of drums when
drop-off Is 2+ Inches to
~ Inches.
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NEW CONSTRUCTION
+:
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.TRAVEL LANE
DROP-OFF OF 2+ INCHES TO 4 INCHES
DET AIL ISO-C
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ooo~eoote.subbose
moter-tolor- dtr-1'.
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DEPARTMENT OF TRANSPORTATION
STATE, OF GEORGIA
D~ums spoced 01'
100 feet Int.~vols.
Locotlon of dnn5 when
drop-off Is Z Inches or less.
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TRAVEL LANE
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NEW CONSTRUCTION
NO STEEPER THAN 4:1
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DROP-OFF OF 2 INCHES OR LESS
DETAIL 150-0
locatIon of d~ums ImmedIately
after completIon of. healed sectIon.
spaced at 50 ft. Intervals.
TOP OF DRUM TO BE LEVEL
f-
, TRAVEL LANE
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NEW CONS TRUCTION
1r--+
,HEALED SECTION
DET All ISO-E"
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STATE OF GEORGIA
150.07 FLAGGING AND PILOT CARS:
A Flaggers shall be proyided as required to handle traffic, as specified in the Plans or Special Provisions,
and as required by the Engineer. '
B. All flaggers shall meet the requirements of the MUTCD and must have received training and a
certificate upon completion of the training from a Department approved training program. Failure
to provide certified flaggers as required above shall be reason for the Engineer 'suspending work
involving the flagger(s) until the Contractor provides the certified flagger(s).
C. Flaggers shall wear high-visibility clothing in compliance with the MUTCD and shall use a Stop/Slow
paddle meeting the requirements of the MUTCD for controlling traffic. The Stop/Slow paddles shall
have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow paddle, a flagger may use
a 24 inches square red/orange flag as an additional device to attract attention. For night work, the
vest shall have reflectorized stripes on front and back.
D. Pilot vehicles shall be provided if spec1fied in the Plans or Specifications and meet the requirements
ofthe MUTCD.
E. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with
the MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of
the presence of the flagger shall be placed beyond the point where traffic can reasonably be expected
to stop under the most severe conditions for that day's work.
150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporary
traffic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all
other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section
150 (TRAFFIC CONTROL) will result in non~refundable deductions of monies from the Contract as shown
in this Subsection for non-performance of Work..
, Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending
all other work on the Project, except erosion' control and traffic control, taking corrective action as
specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work
. on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to
the deductions for non-performance of traffic control.
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STATE OF GEORGIA
SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF
TRAFFIC CONTROL INSTALLATION ANDioR MAINTENANCE
r ORIGINAL TOTAL CONTRACT AMOUNT I i
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From More Than To and Inc1udinl! Daily Charee
$0 $100,000 $100
100,000 1,000,000 250
1,000,000 . 5;000,000 500
5,000,000 20,000,000 750
20,000,000 40,000,000 1,000
40,000,000 -- 1,500
150.09 MEASUREMENT:
A. TRAFFIC CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump
Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows:
When the first Construction Report is submitted, a payment of 25 (twenty-five) percent of the
Lump Sum price will be made. For. each progress payment thereafter, the total of the Project
percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid Gess
p~evious payments), not to exceed one hundred (100) percent and subject to normal retainage.
When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the
requirements of Section ISO and the Traffic Control Plan shall be in full force and effect. The cost of
complying with these requirements will not be paid for separately, but shall be included in the overall
bid submittal.
B. SIGN$: When shown as a pay item in the contract, interim special guide signs will be paid for as
listed below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid
,I 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' fuJ] compensation for furnishing the signs, including
supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting,
and final removal from the Project. Payment will be made only one time regardless of the number
of moves required. " ,
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2. Remove and reset existing special guide signs, ground mount or overhead,-complete, in place, will
be measured for payment per each. Payment will be made only one time regardless of the number
of moves required. -
3. Modify special guide 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.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Sectio'n 622.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured
as specified in Section 632.
E. TEMPORARY GUARDRAIL ANCHORAGE, Type 11: Temporcuy Guardrail Anchorage - Type 11 will
be measured by each assembly, complete in place and accepted according to the details shown in the
plans, which shall also include the additional guardrail and appurtenances necessary for transition
and connection to Temporary Concrete Barrier. Payment shall include all necessary, materials,
equipment, labor, site preparation, maintenance and removal.
F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation - Temporary will be
measured as specified in Section 647. '
G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in
Section 647.
, H. TEMPORARY, SAND LOADED ATTENUATOR MODULES: Each Sand Loaded Attenuator Module
of the type specified includes all material components, hardware, incidentals, lahor, 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.
1. PORTABLE IMPACT ATI'ENUATORS: Each Portable Impact Attenuatorwill be measured by the
unit which shall include all material components, hardware, incidentals, lahor, site preparation, and
maintenance, including spare parts recommended by the manufacture for repairing minor accident
damage. Each uriit will be measured only once regardless of the number oflocations installed, moves
required, or number of repairs necessary because of traffic damage. Upon completion of the project,
the units shall be removed and retained by the Contractor.
, J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150.
150.10 PAYMENT:
When shown in the Schedule ofItems in the Proposal, the following items will be paid for separately.
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c_I~_______,~~,~ No. 150. Traffic Control.. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . Lump Sum
Item No. 150. Traffic Control, Solid TrafficStripe __ Inch, (Color) ............. per Linear Mile
I Item No. 150.
.1 Item No. ,150.
Item No. 150.
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Item No. 150.
I Item No. 15'0.
Item No. 150.
..I Item No. 150.
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Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile
Traffic Control, Solid Traffic Stripe,
Thermoplastic Inch, (Color) .. . . . . . . . . . . . . . . . . . . . . . . . . . per Linear Mile
Traffic Control, Skip Traffic Stripe, ,
Thermoplastic ' Inch, (<?olor) ........................... ?er Linear Mile
Traffic Control, Pavement .Arrow with Raised Reflec1prs .......... '. . . . . .. per Each
Traffic Control, Raised Pavement Markers - All Types . . . . . . . . . . . . . . .. . " per Each
Interim. Ground Mounted Special Guide Signs. . . . . . . . . . . . . . . . . . .. per Square Foot
Interim. Overhead Special ,Guide Signs .......................... per Square Foot
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,DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Item No. 150. Remove & Reset Existing Special Guide Signs,
Ground Mount, Complete in Place. . . .. . . . . . . . . . . . . . .: . . . . . . . . . . . . .. per Each
Item No. 15,O.~Remove~ Reset, Existing Special Guide Signs,
, Overhead,Complete in Place ..................................... Per Each
Item No. 150. Traffic Control, TeIIiporaIy Sand Loaded Attenuator Modules ............ per Each
Item No. 150. Traffic Control, Portable Impact Attenuator . . . .. . . . ... . . . . . . . " . .. . . . .. Per Each
Item No. 150. Traffic Control, Pavement Markers, Words and Symbols . . . . . : . . . " per Square Foot
Item 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.' Modify 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
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