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Home My WebLink AboutAugusta Corporate Park DOCUMENT NAME: DOCUMENT TYPE: C@(L#IlCi YEAR: a(jIJD BOX NUMBER: I D ALENUMBER: /412?~i? NUMBER OF PAGES: q0 Augusta Richmond GA I I I I I I I I I I I I I I I I I I I & ;J:f:-. I Lj ?r r CONTRACT DOCUMENTS FOR AUGUSTA CORPORATE PARK , PROJECT NO.: 323-06-296050020 1 f "\ - 0- ~ ~r'l ...-- OlIO c... II> ..... 0\ Ol \Q ... o Q , C. VI O"'~O o Q ... 0 =It U Q . EOl~~ ~~y&'l ...::J:':..;.; "0 CJ).Q VI ._ :l :l Q . Q:l~c...U 7-19-2000 1 : 14PM FROM MABUS BRaS CaNST INC 706 722 7521 ~Y-jU-21dW Idld: 1~ .. ~ !-\JI.;'t."HI4S1NLi TO: FROM: DATE: PAGES: SUBl: P.2 1-1. UlIldl Purchasing Department (;eft A. Sarna.. D1reetor Mary~. SupeMsor ..., . Room 805 - Municipal Building 830 GfQene She( - AugusuI. Ga. 309'11 ~) 821-2422 . FAX (708) 8Z1-2811 FAX TRANSMlTI'AL Mabus Brothers -722.7521 Blair Coastruction - 868-1855 ~ Pavement MaimeDaDce Co. .827-1861 Steve Duffie <iradiua - 863-7034 AP AC - Georgia, me. - 731-8620 Nordmaun ConbaCting - 136-9666 F W Dodge - 722.3410 File Geri A Sams . May 30,2000 1, including COVer page ADDENDUM #1 Bid Item #00.069 . Augusta Corpor* Park for Augusta-Richmond Public Worb Department 1te1II #681-9999 Due to compliallions please BitT F.'TE the following: ~ Compleu (1 L$) Bid opening has been rescheduled UDtil 3:00 ,...., Wedaesclay, May 31, 2000. Please acknowledgement receipt of Addendum # I in your bid r-.-hgt'. If you have any questions regarding dlis correspondence, please co.ataet me at (706) 821-2422. ' TOTAL. P.01 " INVITATION TO BID Sealed Bids for the construction of a paved parking lot at Augusta State University hereinafter referred to by project name as: BID ITEM #00-069 Augusta Corporate Park for Augusta-Richmond Public Works Department Project Number: 323-06-296050020 will be received at this office until 11:00 a.m., Wednesday, May 31, 2000 Bids will be received by: The Augusta-Richmond Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams The Augusta-Richmond Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 Copies of the Contract Documents may be examined during regular business hours at the offices of Public Works offices, 1815 Marvin Griffin Road, Augusta, Georgia 30906. Copies may be obtained at the offices of the Purchasing Department upon payment of $44~00 (NON-REFUNDABLE) for each set. A 10% bid bond is required to be submitted in a separate envelope so marked along with the - . - --bidder's-.qualifications;- a 100% performance bond and a 100% payment bond will be required for award. The Owners' reserves the right to reject any or all bids and to waive technicalities and informalities. Please mark Bid Item Number on the outside of the envelope. Bidders are cautioned that sequestration of bidding documents through any source other than the office of the Purchasing Department is not advisable. Acquisition of bidding documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his proposal. It is the wish of the Owner that minority businesses are given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. GERI .;\~ SAMS, Purchasing Director Publish: Augusta Chronicle Metro Courier May 3, 8, 16, 24, 2000 May 3, 2000 cc: Robert Clements, Augusta-Richmond Public Works Department Brenda Pelaez, Augusta-Richmond Equal Opportunity :::':r'A'CORi5'::.::::;t;ii.I"I\if.I"':~M^,,,~::qi:tij:::':j:':::I:":I':B':'"'I'i".:I'~I::::'I'i(i~:~.,.jtfi':A:"Wtle':'::':::'::::':':::::::.:::::::::::::':::'::::':.::::::::::::::::::"::::::::.::r DATE 7IM/2M6/D/ODIYOYI ;~r:.:.:.:.:.:.;.;.:.:.;.:,;.:.:.:.:.:.:.;.;.:.:.:.:.:.:.:.:.:.:.;.~~.:.:.:rrst~~m~~~~~~~~~::::~!l::~~~mr~r;~I~?~~;~flr~!ffih:mb::::::i/~fi::~~~~,rr!rrt::JM~SI~~~J1~lIIM;M~tE~tttff(t!~ttttt~ttf}r~ttt~f~~ PRODUCER 404-231-9595 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Palmer & Cay of Georgia. Inc. 3348 Peachtree Road, N.E. Suite 1400 Atlanta, GA 30326 COMPANY A Transportation Insurance Co INSURED Mabus Brothers Construction Co . 920-B Molly Pond Road Augusta GA 30901 COMPANY B Valley Forge Insurance Co COMPANY C National Union Transcontinental Insurance Co THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YYI DATE IMMIDDIYYI A GENERAL LIABILITY 30240706-99 6/30/00 6/30/01 GENERAL AGGREGATE 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS. COMP/OP AGG 2000000 CLAIMS MAOE 0 OCCUR PERSONAL & ADV INJURY 1000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 1000000 'X XCUINCL FIRE DAMAGE IAny one fire) 50000 II X AG PER PRJ M ED EXP (Anyone person) 5000 B AUTOMOBILE LIABILITY 1071809821 GA 6/30100 6/30/01 COMBINED SINGLE LIMIT 1000000 X ANY AUTO 1030240723SC ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS IPer person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS IPer accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY. EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIOENT . $ AGGREGATE $ C exCESS LIABILITY BINDER 6/30/00 6/30101 EACH OCCURRENCE 6000000 X UMBRELLA FORM AGGREGATE 6000000 OTHER THAN UMBRELLA FORM D WORKERS COMPENSATION AND 30240740-99 6/30/00 6/30/01 EMPLOYERS' LIABILITY 100000 EL EACH ACCIDENT THE PROPRIETOR! INCL EL DISEASE. POLICY LIMIT 500000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE. EA EMPLOYEE 100000 A OTHER 30240706-99 6/30/00 6/30/01 $150,000 Leased or Rented Equipment $100.000 Maximum Per Item $250.00 Deductible DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS PROJECT: AUGUSTA CORPORATE PARK - PROJECT NUMBER: 323-06-296050020, AUGUSTA, GEORGIA :qmtt4f~9Al@HgARg@::' ..... ...:.::::::;:;:;:::;:;:;:::::;::?::::;.;.;.;.:.::::::::::::::::.:.;.::. ...................... .........:.:.....;.:.:.;.:.:.:.:.:.;.: ... .. ... ......................................... :.:.. .::)J~AN9f.t.P~!i.PN?: .'...v................ . ...................... ...................... .... . . . . . . . . . . . . . . . . . . ................... .................. ..... ....... .................. .... AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL 530 GREENE STREET AUGUSTA, GA 30911 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, "' ; AlA Document A3l2 Performance Bond Bond: 115B103292434 Conforms with the American Institute of Architects, AlA Document A3 12. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Mabus Brothers Construction Co, Inc 920 Molly Pond RD, Augusta, GA 30901 OWNER (Name and Address): Augusta-Richmond County Commission-Council 530 Greene Street Augusta, GA 30911 CONSTRUCTION CONTRACT Date: Amount: $433,650.44 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Description (Name and Location): Augusta Corporate Park - Project Number: 323-06-296050020, Augusta, GA BOND Date (Not earlier than Construction Contract Date): Amount: $433,650.44 Modifications to this Bond: ~:2:= ~ Signatu~~ -. .::.~ ____ -:. - Name arf~!l~Le:_.!71UJi:.: f/0Ls 13t( (Any addltlo~al;slgn5!t!;l!"e .ap.pear on page (FOR INFoRiV!A.;nO ,'. Nt Y - Name, A dress and Telephone) AGENT 0 BROKER: Palmer & Cay of Georgia, Inc P. O. Box 52427, Atlanta, GA 30355 4045048150 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.J. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to SURETY 5026 (6-92) S-1852/GEEF10/99 Page 1 of 2 ~ None D See Page 2 SURETY Company: Travelers Casualty -.~ :-' -.'r (Corporate Seal) -, : '.. -..". . ~ and Surety Company of America _. : ~ j':;. _ ~ Signature: ~~~L$k~~ Name and Title: W. G. Van Buskirk, Atto;neYJ"riE@ict..r._ - ....,...1'(',.. . ...",..- ""'~,..,~4...-<'" OWNER'S REPRESENT A TIVE (Architect, Engineer or other party): perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to. declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete. the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. I 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: .. 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS; 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract. and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs executors administrators or successors. " 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding. legal or equitable. under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or wlthlIl two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. . 10 Notice to the Surety, the Owner or the Contractor shall be inailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or lega! re~uirement shall be deemed deleted herefrom and provisions conformlIlg to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title; Address; S-1852/GEEF 10/99 Page 2 of 2 (Corporate Seal) Signature; Name and Title; Address: AlA Document A312 Bond 11 SB1 03292434 Payment Confonns with the American Institute of Architects, AlA Document A3 12. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Bond CONTRACTOR (Name and Address): Mabus Brothers Construction Co, Inc 920 Molly Pond Rd, Augusta, GA 30901 OWNER (Name and Address): Augusta-Richmond County Commission-Council 530 Greene Street Augusta, GA 30911 CONSTRUCTION CONTRACT Date: Amount: $433,650.44 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Description (Name and Location): Augusta Corporate Park - Project Number: 323-06-296050020, Augusta, GA BOND Date( Not earlier than Construction Contract Date): Amount: $433,650.44 Modificati.ons'to this?ond: "'~"A'~ ~~ -~:/t"~'''''''' CONTRACT0R AS PRING.H~AL Companv~ :..' . -":"' -:- r.... <'. J.;. ... .. ~. I ,..... Mabus ?rbt~er~ Co. ructioncqo, (Corporate Seal) Signatu;:.:.~ '-_ _ Name a :: ~~.let?!~:'-. :fj5',"LS B V (Any addltlOnaL,~!gi1a' r~s.appear on page 2.) (FOR INFORMA iTO}tONL Y - Name, Address and Telephone) AGENT or BROKER: Palmer & Cay of Georgia, Inc P. O. Box 52427, Atlanta, GA 30355 404 504 8150 1 The Contractor and the Surety, Jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and. equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. SURETY 5026 (6-92) 5-1 B53/GEEF 2/9B Page 1 of 2 ~ None o See Page 2 SURETY Company: Travelers Casualty ~ ; _' .cC;:2rporate Seal) and Surety Company of America ::: '_ _ ..::: . - ~,...-.- t - Signature: Jt/ AI !1t/f,L ~~ Name and Title: W. G. Van Buskirk, Att6rn.ey(inl,acf.-r-"">-- r#rr~,_.......,......,~....._.,,_,,~ OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor. or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. S If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which MODIFrCA nONS TO THIS BOND ARE AS FOLLOWS: the work or part of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4. I or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conllicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. . 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: S-1853/GEEF 2/98 Page 2 of 2 (Corporate Seal) Signature: Name and Title: Address: .. TRAVE~ERscASUAI;-TY AND SURETY COMPANY OF AMERICA ~:"TRAVELERS C,ASUALTY AND SURETY COMPANY /".' FARMINGTpN CASUALTY COMPANY j .,- ,. Hartford, Connecticut 06183-9062 TRAVELERS:CASUALTY AND SURETY COMPANY OF ILLINOIS : -- _.~ ~ Napen!ilIe, Illinois 60563-8458 POWER OF ATTORNEY_MiD CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT .. .... ~ KNOW ALL PERSONS BY THESE .PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut~ and TRAVELERS CASUALTY AND SURETY COMPANY OF ll-LINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: W. Pat Hopkins, Jr., W. G. Van Buskirk, James R Williams, Cynthia M. Ward or Renee A. Lauth it it of Atlanta, GA, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant TreasUrer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other mitings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in miting and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or miting obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a mitten delegation of authority. This Power of Attorney and Certificate of Authority is signed andseaJed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ll-LINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and othermitings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attJlched. 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NI I I I I I I I I I I I I I I I I I I I LIST OF PROJECT DOCUMENTS AUGUSTA CORPORATE PARK Project Number: 323-06-296050020 SECTION PAGES Instruction to Bidders IB-1 thruIB-3 Georgia Prompt Pay Act PPA-1 thru PPA-2 Minority and Economically Disadvantaged Business Support ME-1 Special Conditions SP-1 A-I thru A-4 f' Agreement' General Conditions 1 thru 33 Supplementary Conditions SC-l thru SC-2 Proposal P-l thru P-3 General Notes G-l thru G-14 Traffic Control TC-1 thru TC-23 I I I I I I I I I I I I I I I I I I I SECTION IB INSTRUCTION TO BIDDERS IB-O 1 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRET A TIONS No interpretation of the meaning of plans , specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-I I I I I I I I I I I I I I I I I I I I lB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the works "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bonds is required in illlcases. IE-OS BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated, quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. lB-2 I I I I I I I I I I I I I I I I I I I IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations ofthe contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the owner for the use of the owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof, a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-3 I I I I I I I I I I I I I I I I I I I GEORGIA PROMPT PAY ACT This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, a.c.G.A. Section 13-11-1, 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 ofthe law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. 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 Prior to any material from this project being wasted or otherwise disposed of outside the project limits the Contractor shall furnish the Engineer a copy of written permission, signed by the property owner (or his authorized agent) describing the estimated amount and type of material to be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other such materials PPA-1 I I I I I I I I I I I I I I I I I I I are to be wasted on the property, a copy of the owner's inert landfill permit, issued by the Environmental Protection Division shall be furnished to the Engineer prior to any such waste being removed from the project. In all cases, regardless of the material being wasted, a grading permit issued by Augusta Richmond County must be furnished to the Engineer. PP A-2 I I I I I I I I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County-Council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to illLqualified firms. The bids will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded, will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders shall include with their bid, a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. ME-I I I I I I I I I I I I I I I I I I I I AUGUSTA CORPORATE PARK Project Number: 323-06-296050020 SPECIAL CONDITIONS SCOPE: This project includes clearing, grading, drainage, base, paving, landscaping and lighting of approximately 1200 ft. on new location (see plans) in accordance with the specifications and plans. The Contractor shall supply all materials, equipment, labor and supervision necessary to properly complete this project. TERMINI AND LENGTH: Begins at mile marker 3.07 on S. R. 56 (approximately one third mile south of Horseshoe Road) and extends easterly approximately 1200 ft. to a proposed cul-de-sac. LUMP SUM CONSTRUCTION: . Item Number 230-1000 Lump Sum Construction, includes but is not limited to, the following: Locating, maintaining and reclaiming 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: This project will encroach on the Right of Way of S R. 56 which currently is under construction under Georgia Department of Transportation Project Number STP-038-2(27) Richmond. The contractor shall pick up a GDOT permit for this work at the local DOT office (706-855-3466). It is essential that all work on this project be coordinated with project STP-038-2(27) Richmond. AP AC-GA., Inc. is the contractor for that proj ect. SP-l I I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the 5 day of - Au usta-Richmond Count Commission-Council , 20~ by and between party of the first part, hereinafter called the OWNER, and MMuS 73~/'l..,...5 ~5112..t.c~OM (' D Ik-Ic. I party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all ofthe work shown on the plans and described in the specifications for the project entitled: AUGUSTA CORPORATE PARK Project Number: 323-06-296050020 And in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 10 Calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 175 calendar days with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be 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 ofthe work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and A-I I I I I I I I I I I I I I I I I I I I construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion ofthis Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of a work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT (a) The Contract Sum The owner shall pay to the Contractor for the performance ofthe contract the amount as stated in the Proposal and Schedule ofItems. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Progress Payment No later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer, an estimate covering the percentage of the total amount of the contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run, following approval of the invoice for payment, the owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 I I I I I I I I I I I I I I I I I I I Revised (7/1/99 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 fmds the work acceptable under the contract and the contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within 15 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the contractor except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the contract, make payment of the balance due for that portion of the work fully completed and accepted. (e) Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques, sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract.. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A-3 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first . ment[cmed above. .n'a ~ ~~,-,,""-', ,::~~~. V!~ P' .....-:> .' .. "'., .....~ ~A "r~ {J" .....,~, e,,- l" If/!.~ .~ ...;;.' .~o ___t. ~ I "". ."~ . .'"t'.. " Q";' ~ ~ Q I.:,. .1. J '.:-'~' ~"'.' It..t.. 'A . ~J"'ll n .:"f:',.;;:'~' ., ~ ~~::,~;~)~~(~~tjf ~. ~ :u~ .'\~~'~.'~"'~~"'~Jt. ., - ~ . :1,~~'~~Jil'l" :..... iI ~ l::t: By: 0.. Atte~t ;..; \\: ~ t;::.. Comm.ission Council Secretary Witness CONTRACTOR:4f~S~$f:WS (2s~,1f.(/ ::t:. BY:~~~ Title: ?~I tJGIII-r Address: <7,711 ~{.,-y ~NO /f?;ftJ SEAL ;#bCt{'7~ . a, 3096/ .. - :,.-~,... ;.. ...~.. ,-2....) ... -.......... ---. ,.../..,....-.........,...~--=- ;-;. '-- - - "', ./- .... "',,- ,... -"' . ""--- '.. - ...... .. A-4 I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS .' I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title .., DEFINITIONS.,......................,...,........................ . PRELIM IN AR Y MATTERS .......,..........,..................... CONTRACT DOCUMENTS: INTENT. AMENDING AND REUSE............................... AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS.... ..... .... ...... .. ........ .. .......... ..... BONDS AND INSURANCE........................................ CONTRACTOR'S RESPONSIBILITIES............................ OTHER WORK. ..... .......... .... ........... ......... .......... ... OWNER'S RESPONSIBILITIES.. .. .. ,. ...... .. .......... .... .... .. ENGINEER'S STATUS DURING CONSTRUCTION .............. CHANGES IN THE WORK......................................... CHANGE OF CONTRACT PRICE..,..................,............ CHANGE OF CONTRACT TIME. .. .. ........ .. .... ... , .. .... ...... WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK....... ... .... . .. .. .. . .. ... PA YMENTS TO CONTRACTOR AND COMPLETiON ............ SUSPENSiON OF WORK AND TERMiNATiON....... .......... ARBITRATiON.....,........................... .................... MISCELLANEOUS............................. .................... 3 4 5 6 7 8 9 10 [ I 12 13 [4 15 16 17 3 Page 7 8 9 10 II 14 18 19 19 21 21 24 24 26 29 31 32 I I INDEX TO GENER.A.L CONDITIONS I Article or Paragraph Number Acceptance ofInsurance ............................. 5.13 Access to the Work .................................. 13.2 Addenda-definition of (see definition of Specifications) ........................................ 1 Agreement-definition of ................................ 1 All Risk Insurance..................................... 5.6 Amendment. W rinen ............................. 1. 3.1.1 Application for Payment-definition of .................. 1 Application for Payment. Final ...................... 14.12 Application for Progress Payment .................... 14.2 Application for Progress Payment-review of .... 14.4-14.7 Arbitration.... ......................................... 16 Authorized Variation in Work ......................... 9.5 Availability of Lands .................................. 4.1 A ward. Notice of -defined .............................. 1 I I I I I Before Starting Construction ...................... 2.5-2.7 Bid-definition of ....................................... 1 Bonds and Insurance-in general ........................ 5 Bonds-<iefinition of . . . . . . . . . .. . . . . . . . . .. . . .. .. .. . . . . .. .. 1 Bonds. Delivery of ................................ 2.1.5.1 Bonds. Performance and Other .................... 5.1-5.2 I I Cash Allowances ..................................... 11.8 Change Order-definition of ............................. 1 Change Orders-to be executed ...................... lOA Changes in the Work ................................... 10 Claims. Waiver of-on Final Payment ............... 14.16 Clarifications and Interpretations ...................... 9.4 Cleaning ............................................. 6.17 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 ..................................... 6.29 . Contract Documents-amending and supplementing ............ .'. .. .................. 3.4-3.5 Contract Documents-<iefinition of ....................... 1 Contract Documents-Intent...................... 3.1-3.3 Contract Documents-Reuse of ....................... 3.6 Contract Price. Change of .............................. 11 Contract Price--.:iefinition ............................... 1 Contract Time. Change of .............................. 12 Contract Time. Commencement of ..................... 2.3 Contract Time--.:iefinition of ............................ 1 Contractor-definition of ................................ 1 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 Fc:e-Cost Plus ... 11.4.5.6. 11.5.1. 11.6-11.7 Contractor's Liability Insurance ....................... 5.3 Contractor's Responsibilities-in general ................ 6 I I I I I I I I I Contractor's Warranty of Title ........................ 14.3 Contractors--other ...................................... 7 Contractual Liability Insurance ........................ 5.4 Coordinating Contractor-<iefinition of ................ 7.4 Coordination .......................................... 7.4 Copies of Documents .................................. 2.2 Correction or Removal of Defective Work ........... 13.11 Correction Period. One Year ........................ 13.12 Correction. Removal or Acceptance of Defective Work-in general ........................... 13.11-13.14 Cost-net decrease ...................:............. 11.6.2 Cost of Work.................................... 11.4-11.5 Costs. Supplemental.... ............................ 11.4.5 Day-definition of ....................................... 1 Defective-<iefinition of ................................. 1 Defective Work. Acceptance of ...................... 13.13 DefeCTive Work. Correction or Removal of .......... 13.11' Defective Work-in general ............... 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-<iefinition of ................................. 1 Easements ............................................ 4.1 Effective date of Agreement-definition of ......... .. .. .. 1 Emergencies ......................................... 6.11 Engineer-definition of .................................. 1 Engineer's Decisions ............................ 9. 10-9.12 Engineer's-Notice Wark 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 of physical conditions.. ... ... ... .. ...... 4.2 Fee. Contractor's-Costs Plus... .... .. .... ...... ..... 11.6 Field Order-definition of ............................... 1 Field Order-issued by Engineer ................ 3.5.1.9.5 Final Application for Payment....................... 14.12 Final Inspection ..................................... 14.11 Final Payment and Acceptance ...................... 14.13 Final Payment. Recommendation of ........... 14.13-14.14 General Provisions .............................. 17.3-17.4 General Requirements-<iefinition of . . . .. . . . . . . . . . . . ... . .. I General Requirements-principal references to ................. 2.6. ~.4. 6.4. 6.6-6.7. 6.23 ~ I .1 I Giving Notice........................................ 17.1 Guarantee of Work-by Contractor................... 13.1 I Indemnification. . . .. . .. .. .. . .. ... . .. .. . .. ... 6.30-6.32. 7.5 Inspection. Final . ~...... ............................ 14.11 Inspection. Tests and.... ......... .................... 13.3 Insurance. Bonds and-in general ....................... 5 Insurance. Certificates of ........................... 2.7. 5 Insurance-<:ompfeted operations....... ............ . .. 5.3 Insurance. Contractor's Liability ...................... 5.3 Insurance. Contractual Liability ....................... 5.4 Insurance. Owner's Liability .......................... 5.5 Insurance. Property.................... .......... 5.6-5.13 Insurance-Waiver of Rights ......................... 5.11 Intent of Contract Documents ................... 3.3.9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions................... 4.2 I I I Labor. Materials and Equipment .................. 6.3-6.5 Laws and Regulations-definition of ..................... I Laws and Regulations-general. .... .............. . ... 6.14 Liability Insurance-Contractor's ..................... 5.3 Liability Insurance-Owner's ......................... 5.5 Liens-definitions of ................................ 14.2 Limitations on Engineer's Responsibilities ..................... 6.6, 9.11. 9.13-9.16 I I Materials and equipment-furnished by Contractor .... 6.3 Materials and equipment-not incorporated in Work .............................. 14.2 Materials or equipment--equivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Multi-prime contracts ................................... 7 I I Notice. Giving of..................................... 17.1 Notice of Acceptability of Project ................... 14.13 Notice of Award-definition of .......................... I Notice to Proceed-definition of . . .. .. .. .. . . .. .. . .. . .. ... 1 Notice to Proceed-giving of .......................... 2.3 I I "Or-Equal" Items..................................... 6.7 Other contractors ....................................... 7 Other work .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Overtime Work-prohibition of . .. .............. .. .. ... 6.3 Owner-definition of .................................... 1 Owner May Correct Defective Work................. 13.14 Owner May Stop Work.............................. 13.10 Owner May Suspend Work. Tenninate .......... 15.1-15.4 Owner's Duty to Execute Change Orders............. 11.8 Owner" s Liability Insurance ........................... 5.5 Owner's Representative-Engineer to serve as ........ 9.1 Owner's Responsibilities-in general .................... 8 Owner's Separate Representative at site ............... 9.3 I I I I Partial Utilization .................................. 14.10 Partial Utilization-definition of ......................... 1 Partial Utilization-Property Insurance............... 5.15 Patent Fees and Royalties ............................ 6.12 Payments. Recommendation of ........... 14.4-14.7. 14.13 Payments to C0ntractor-in general .................... 14 I I Payments to Contractor-when due ........... 14.4, 14.13 Payments to Contractor-withholding ................ J4.7 Perfonnance and other Bonds ..................... 5.1-5.2 Permits... . . . . . . .. . . . . . . . . . . . . .. .. .. . .. . ..... . .. .. .... 6.13 Physical Conditions ................................... 4.2 Physical Conditions-Engineer's review ............. 4.2.4 Physical Conditions-existing structures.. . . . . . . . .. .. 4.2.2 Physical Conditions-explorations and reports. .. .. .. 4.2. J 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 .................................... 1 Project Representation-provision for ................. 9.3 Project Representative, Resident-detinition of .......... 1 Project. Starting the ................................... 2.4 Property Insurance ............................... 5.6-5.13 Property Insurance-Partial Utilization ............... 5.15 Property Insurance-Receipt and Application of Proceeds ................................... 5.12-5.13 Protection. Safety and ........................... 6.20-6.21 Punch list ........................................... 14.11 Recommendation of Payment..... ., ........... 14.4. 14.13 Record Documents ................................... 6.19 Reference Points ...................................... 4.4 Regulations. Laws and ............................... 6.14 Rejecting Defective Work ............................. 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not Exclusive ............................. 17.4 Removal or Correction of Defective Work ........... 13.11 Resident Project Representative-definition of ........... 1 Resident Project Representative-provision for.. ...... 9.3 Responsibilities. Contractor's-in general ............... 6 Responsibilities. Engineer's-in general ................. 9 Responsibilities. Owner's-in general. . . .. . . . . . . . . . .. . . .. 8 Retainage ............................................ '14.2 Reuse of Documents ............................ ....... 3.5 Rights of Way.................... ........ .. ........... 4.1 Royalties. Patent Fees and ........................... 6.12 Safety and Protection....... 6.20-6.21, 18.1-18.2 Samples ......................................... 6.23-6.28 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 . .... .. ... ... .. .. ........ ... 1 Shop Drawings. use to approve substitutions;..................................... 6.7.3 5 I I I I I I I I I I I I I I I I I I I Site. Visits to-by Engineer ........................... 9.2 Specifications-definition of ............................. 1 Starting Construction. Before.. . . . . . . .. . . . . .. . . . . .. 2.5-2.8 Starting the Project. . . .. . . . ; . . . . . . . . . . .. . . .. . . . . . . . . . .. 2.4 Stopping Work-by Contractor....................... 15.5 Stopping Work-by Owner.......................... 13.10 Subcontractor--definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Subcontractors-in general....................... 6.8-6.11 Subcontracts-required provisions ............5.11.1. 6.11 11.4.3 Substantial Completioll-(;ertification of .............. 14.8 Substantial Completion-detinition of . . . . . . . . . . . . . . . . . . .. 1 Substitute or "Or-Equal" Items....................... 6.7 Subsurface Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.2-4.3 Supplemental costs ................................. 11.4.5 Supplementary Conditions-<iefinition 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-definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Supplier-principal references to ... 3.6, 6.5, 6.7-6.9, 6.20. 6.24.9.13,9.16.1\.8,13.4,14.12 Surety-consent to payment.................. 14.12, 14.14 Surety-Engineer has no duty to ..................... 9.13 Surety-notice to ....... ................... 10.1. 10.5, 15.2 Surety-qualification of ........................... 5.1-5.2 Suspending Work. by Owner ......................... 15.1 Suspension of Work and Termination-in general....... 15 Superintendent-Contractor's ......................... 6.2 Supervision and Superintendence .................. 6.1-6.2 Taxes-Payment by Contractor. . . . . . . . . . . . . .. . . . . . . .. 6.15 Terminatioo-:.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 Time. Computation of ................................ 17.2 Time. Contract-definition of . . . . . . . . . . . . . . . . . . .. . . . . . . .. I U ncovering Work ............................... 13.8-13.9 Underground Facilities-detinition of . .......... ......... 1 Underground Facilities-not shown or indicated ..... 4.3.2 Underground Facilities-protection of ........... 4.3.6.20 Underground Facilities-shown or indicated. .... . ... 4.3.1 Unit Price Work-definition of .......................... 1 Unit Price Work-general ................. 11.9. 14.1. 14.5 Unit Prices......................................... 11.3.1 Unit Prices. Determinations for....................... 9.10 Use of Premises................................. 6.16-6.18 Utility owners .......................... 6.13,6.20. 7.2-7.3 Values. Schedule of ......................... 2.6.2.9. 14.1 Variations in Work-Authorized............ 6.25.6.27.9.5 Visits to Site-by Engineer........................ ~... 9.2 Waiver of Claims-on Final Payment................ 14.16. Waiver of Rights by insured panies ............. 5.10. 6.11 Warranty and Guarantee-by Contractor.... ~........ 13.1 Warrantv of Title. Contractor's ....................... 14.3 Work. Access to ..................................... 13.2 Work-by others ........................................ 7 Work Continuing During Disputes .................... 6.29 Work, Cost of .. ................................. ! 1.4-11.5 Work-detinition of ..................................... 1 Work Directive Change-detinition of ................... 1 Work Directive Change-principal . references to ............................3.4.3, 10.1-10.2 Work. Neglected by Contractor ..................... 13.14 Work. Stopping by Contractor............... ......... 15.5 Work. Stopping by Owner....................... 15.1-15.4 Written Amendment-definition of ...................... I Written Amendment-principal references to ..................... 3.4.1.10.1,11.2.12.1 6 I I GENERAL CONDITIONS I ARTICLE I-DEFINITIONS I 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: I Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the bidding documents or the Contract Documents. I Agreemem- 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 part thereof as provided therein. I Application .ll)r Payment-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- porting documentation as is required by the Contract Documents. I I Bid-The offer or proposal of the bidder submilted on the prescribed form setting forth the prices for the Work to be performed. I Bonds-Bid. performance and payment bonds and other instruments of security. I Change Order-A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition. deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time. issued on or after the Effective Date of the Agreement. I Contract Docllments- The Agreement. Addenda (which per- tain to the Contract Documents). CONTRACTOR's Bid (including documentation accompanying the Bid and any post- Bid documentation submiued 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. I I I I Contr(/ct Price-The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of U nit Price Work), I COlllr(/ct Tim/!- The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. I CONTRACTOR-The person. tirm or corporation with whom OWNER has entered into the Agreement. I defectij'e-An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. or does not conform to the Contract Documents.. or does not meet the requirements of any inspection. reference standard. test or approval referred 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 the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. Effecrij'e Date of the A!;'reemem-The date indicated in the Agreement on which it becomes effective. but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. E:VGINEER- The person. firm or 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 Requiremenrs-Sections of Division I of the Speci- fications. Lall's and Regulations: Laws or Regulations-Laws. rules. regulations. ordinances. codes andlor orders. Nvtice of Auwd- The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified. OWNER will sign and deliver the Agreement. Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to l"erform CONTRAC- TOR'S obligations under the Contract Documents. . OWNER-The public body or authority. corporation. asso- ciation. firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utili::.ariun-Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents. Resident P/"(~iect Repres/!/Iratil'e- The authorized represen- tative of ENGINEER who is assigned to'the site or any part (hereof. 7 I I Shop Drawings-All drawings, diagrams. illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some ponioo of the Work and aU 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 ponion of the Work. I I I Specffications- Those ponions of the Contract Documents consisting of written technical descriptions of materials, equipment. construction systems. standards and workman- ship as applied to the Work and cenain administrative details applicable thereto. I Subcontractor-An individual. firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a pan of the Work at the site. I I Substantial Completion-The Work (or a specified part thereoO has progressed to the point where. in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive cenificate 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 cenificate 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. I I I Supplementary Conditions-The pan of the Contract Docu- ments which amends or supplements these General Condi- tions. I Supp/ier-A manufacturer. fabricator. supplier. distributor. materialman or vendor. I Underground Facilities-AJl pipelines. conduits. ducts. cables. wires. manholes. vaults. tanks. tunnels or other such facilities or attachments. and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity. gases. steam. liquid petroleum products. telephone or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or water. I I Unit Price Work-Work to be paid for on the basis of unit prices. I Work-The entire completed construction or the various sep- arately identifiable pans thereof required to be furnished under the Contract Documents. Work is the result of per- forming services. furnishing labor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contract Documents. I I Work Directive Change-A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. I ordering an addition, deletion or revision in the Work. or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time. but is evidence that the panies expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the panies as to its effect. if any, on the Contract Price or Contract Time as provided in paragraph 10.2. Wrirren Amendmenr-A written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than 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 Time: Notice to Proceed: 2.3. The Contract Time will commence to run on the thinieth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thiny days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thinieth day after the Effective Date of the Agreement. whichever date is earlier. Suuting the Project: 2.4. CONTRACTOR shall stan to perform the Work on the date when the Contract Time commences to run. but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Suuting Construction: 2.5. Before undenaking each pan of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify peninent figures shown 8 I I thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict. error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- 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. I I I 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for review: I I 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: I 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and I 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which \vill be con- firmed in \\.<'riting by CONTRACTOR at the time of sub- mission. I I 2.7. Before any Work at the site is started. CONTRAC- TOR shall deliver to OWNER. with a copy to ENGINEER. certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4. and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7. I I I Preconstruction Conference: 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 <Ippropriate will be held to discuss Ihe schedules referred to in paragraph 2.6. to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment. and to establish a working understanding among the parties as to the Work. I I I Finali:.illg Schedules: 2.9. Al least ten days before submission of the first Appli- cation for Payment a conference attended by CONTRAC- TOR. ENGINEER and others as appropriate will be held to finalize Ihe ~chedules submitted in accordance with para- I I graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for bv one is as binding as if called for by all. The Contract D~cuments will be construed in accordance with the law of the place of the Project. . 3.2. It is the intent of the Contract Documents 10 describe a functionally complete 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 required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association. or to the Laws or Regulations of any governmental authority. whether such refere-;'ce be specific or by implication. shall mean the latest standard specification. manual. code or Laws or Regulations in effect at the time of opening of Bids (or. 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 an\' of their consuitants. agents or employ- ees from those set f~rth in the Contract Documents. nor shall it be effective to assign to ENGINEER. or any of ENGI- NEER's consultants. agenls 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 Ihe performance of the Work. .CONTRAC- TOR finds a conflict. error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at onc~ and before proceeding with the Work atTected thereby shall obtain a written interpretation or clarification 9 I I from ENGINEER: however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure ta repart any conflict. error or discrepancy in the Cantract Dacuments unless CONTRACTOR had actual knawledge thereaf .or should reasonably have' known thereof. I I Amending and Supplementing Contract Documents: 3.4. The Contract Dacuments may be amended ta pro- vide for additions, deletians and revisians in the Wark or to modify the terms and canditians thereof in one or more .of the following ways: I I 3.4.1. a formal Written Amendment, 3.4.2. a Change Order (pursuant ta paragraph IDA), or I 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). I As indicated in paragraphs 11.2 and 12.1. Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. I 3.5. In additian, the requirements of the Contract Dacu- ments may be supplemented, and minar variatians and devia- tions in the Work may be autharized, in .one or more of the following ways: I 3.5.1. a Field Order (pursuant to paragraph 9.5), I 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or I 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4). I Reuse of Documents: 3.6. Neither CONTRACTOR nar any Subcantractar .or Supplier or other person .or .organizati.on perf.orming .or fur- n~shing any .of the Work under a direct or indirect cantract with OWNER shall have .or acquire any title ta or ownership rights in any .of the Drawings. Specificatians .or ather docu. ments (or copies .of any thereof) prepared by or bearing the seal .of ENGINEER: and they shall not reuse any of them on extensions of the Project or any other project without written consent .of OWNER and ENGINEER and specific written verification .or adaptation by ENGINEER. I I I I ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE POINTS I A vail4biJiJy of Lands: 4.1. OWNER shall furnish. as indicated in the Contract Documents, the lands upon which the Wark is to be per- formed, rights-of-way and easements far access thereta, and I . . such other lands which are designated for the use of CON- TRACTOR. Easements far permanent structures .or perma- nent changes in existing facilities will be obtained and paid far by OWNER. unless otherwise provided in the Cantract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands. rights-af-way .or ease- ments entitles CONTRACTOR ta an extensian .of the Can- tract Time. CONTRACTOR may make a claim therefor as pravided in Article 12. CONTRACTOR shall.pravide far all additianallands and access thereto that may be required for temparary canstructian facilities .or storage of materials and equipment. Physical Conditions: 4.2.1. Exp/orations and Reports: Reference is made to the Supplementary Conditians far identificatian .of those reparts .of explaratians and tests .of subsurface conditians at the site that have been utilized by ENGINEER in prep- aratian of the Can tract Dacuments. CONTRACTOR may rely upan the accuracy of the technical data contained in such reparts. but nat upan nantechnical data. interpreta-' tians .or opinians cantained therein or far the campleteness thereaf far CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6, CONTRACTOR shall have full respansibility with respect ta subsurface canditians at the site. 4.2.2. Existing Structures: Reference is made to the Supplementary Canditians far identification .of thase drawings .of physical canditians in .or relating to existing surface and subsurface structures (except Undergraund Facilities referred t.o in paragraph 4.3) which are at or cantiguaus ta 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 cantained in such drawings. but not far the camplete- ness thereaf for CONTRACTOR's purpases. Except as indicated in the immediatelv preceding sentence and in paragraph 4.:.6. CONTRACTOR shall have full respan- sibility with respect ta physical canditians in .or relating to such structures. 4.2.3. Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2.3.1. any technical data an which CONTRAC- TOR is entitled ta rely as pravided 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 fram that indi- cated. reflected .or referred ta in the Contract Dacu- ments. CONTRACTOR shall. promptly after becoming aware thereof and before perfarming any Wark in cannection therewith (except in an emergency as permitted by para- graph 6.22), natify OWNER and ENGINEER in writing ab.out the inaccuracy .or difference. 10 I I 4.2.4. ENGINEER's Reriell': ENGINEER will promptly review the pertinent conditians. determine the necessity of obtaining additional explorations or tests with respectthereta and advise OWN ER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. I I 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- tians a change in the Contract Documents is required. a Wark Directive Change or a Change Order will be issued as pravided in Article 10 t.o reflect and document the cansequences .of the inaccuracy or difference. I I 4.2.6. Possihle Price and Time AdjusrmellCs: In each such case. an increase .or decrease in the Contract Price .or an extension or shortening of the Can tract Time. or any cambination thereaf. will be allowable ta the extent that they are attributable ta any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amaunt or length thereat'. a claim may be made therefar as provided in Articles j 1 and 12. I I I Physical Conditions-Underground Facilities: 4.3.1. Shown 01' Indicated: The infarmation and data shawn .or indicated in the Can tract Dacuments with respect ta existing Undergraund Facilities at or cantigu.ous to the site is based an infarmatian and data furnished ta OWNER .or ENGIN EER by the owners of such Undergraund Facil. ities .or by .others. Unless it is .otherwise expressly pro- vided in the Supplementary Canditions: I I I 4.3.1.1. OWNER and ENGINEER shall nat be responsible for the accuracy .or campleteness of any such information .or data: and. I .U.1.::!. CONTRACTOR shall have full respansi- bility for reviewing and checking all such information and data. far lacating all Undergraund Facilities shown .or indicated in the C.ontract Documents, for co.ordina- tion of the Wark with the owners of such Underground Facilities during canstructian. for the safety and pro- tection thereaf as provided in paragraph 6.20 and repairing any damage thereta resulting from the Work. the cost of all of which will be cansidered as having been included in the Cantract Price. I I I 4.3.2. Nor Sholl'n 01' Indicated. If an Undergraund Facility is uncovered .or revealed at .or contiguous ta the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware .of, CONTRACTOR shall. pramptly after becaming aware thereof and befare performing any Work affected thereby (except in an emer- gency as permitted by paragraph 6.22), identify the owner of such U ndergrounJ Facility and give written notice thereof to that owner and tl) OWNER and ENGINEER. ENGI- N EER will pramptly review the U nJergraunJ Facility to I I I determine the extent to which the Contract Documents should be madified to reflect and dacument the conse- . quences of the existence of the U ndergroundFacility, and the Cantract Documents will be amended .or supplemented to the extent necessary. During such time. CONTRAC- TOR shall be responsible for the safety and protection .of such Undergraund Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extensian .of the Cantract Time. .or bath. to the extent that they are attributable to the nistence of any U ndergraund Facility that was not shown .or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected ta be aware of. If the parties are unable to agree as ta the amount or length thereaf. CONTRACTOR may make a claim therefor as pravided in Articles II and 12. Reference Points: 4.4. OWN ER shall pravide engineering surveys to estab- lish reference points for construction which in ENG INEER' s judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements), shall pratect and preserve the established reference points and shall make na changes or relacations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference paint is lost .or destroyed or requires relocatian because of necessary changes in grades or lacatians. and shall be respon- sible for the accurate replacement .or relacation of such ref- erence points by professianally qualified persanneJ: ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish perfarmance and pay- ment Bonds. each in an amount at least equal to the Contract Price as security far the faithful performance and payment of all CONTRACTOR's obligati.ons under the Contract Docu- ments. These Bands shall remain in effect at least until one year after the date when final payment bee ames due., except as otherwise provided by Law or Regulatian or by the Con- tract Dacuments. CONTRACTOR shall also furnish such alher Bands as are required by the Supplementary Condi- tians. All Bands shall be in the farms 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 Autharity 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 Bands signed by an agent must be accompanied by a certified capy of the autharity ta act. 5.2. If the surety an 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 11 I I the Praject is lacated .or it ceases ta meet the requirements .of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable ta OWNER. I I Contractors Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and ather insurance as is apprapriate far the Work being performed and furnished and as will pravide pratectian from claims set farth belaw which may arise cut of .or result from CONTRACTOR's perfcr- mance and furnishing .of the Wark and CONTRACTOR's ather abligatians under the Contract Documents, whether it is ta be performed or furnished by CONTRACTOR. by any Subcontractor. by anyone directly .or indirectly emplayed by any of them ta perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: I I I I 5.3.1. Claims under warkers' .or warkmen's campen- sation, disability benefits and ather similar emplayee ben- efit acts: I 5.3.2. Claims for damages because .of badily injury. .occupational sickness or disease, or death .of CONTRAC- TOR's employees: I 5.3.3. Claims far damages because of badily injury. sickness or disease, or death .of any persan other than CONTRACTOR's emplayees; I 5.304. Claims for damages insured by persanal injury liability caverage which are sustained (al by any persan as a result .of an .offense directly .or indirectly related ta the emplayment of such person by CONTRACTOR, or (b) by any other persan for any ather reasan; I 5.3.5. Claims for damages. ather than ta the Work itself. because .of injury ta or destructian .of tangible prap- erty wherever lacated. including lass .of use resulting therefram: I I 5.3.6. Claims arising out of .operation .of Laws or Reg- ulatians far damages because .of badily injury .or death .of any person .or far damage ta praperty; and I 5.3.7. Claims for damages because afbadily injury .or death .of any person or property damage arising out .of the ownership, maintenance or use of any motar vehicle. I The insurance required by this paragraph 5.3 shall include the specific coverages and be written far nat less than the limits .of liability and coverages pravided in the Supplemen- tary Ccnditions, .or required by law, whichever is greater. The comprehensive general liability insurance shall include completed aperatians insurance. All .of the palicies of insur- ance so required to be purchased and maintained lor the certificates .or ather evidence thereOf) shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least I I I thiny days' priar written notice has been given ta OWNER and ENGINEER by certified mail. AU such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be carrecting. removing .or replacing defective Work in accordance with paragraph 13 .12. In addition. CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence .of continuation of such insurance at final payment and .one year thereafter. Contractual Liability Insurance: SA. The comprehensive general liability insurance required by paragraph 5.3 will include cantractualliability insurance applicable ta CONTRACTOR's obligatians under paragraphs 6.30 and 6.31. Owners Liability Insurance: 5.5. OWNER shall be responsible far purchasing and maintaining OWNER's awn liability insurance and. at OWNER's option, may purchase and maintain such insur. ance as will protect OWNER against claims which may arise from operatians under the Contract Dacuments. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Canditians, OWNER shall purchase and maintain praperty insurance upon the Wark at the site to the full insurable value thereaf (subject to such deductible amaunts as may be pro- vided in the Supplementary Canditians or required by Laws and Regulatiansl. This insurance shall include the interests .of OWNER. CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Wark. all .of whom shall be listed as insureds .or additianal 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 maliciaus mischief. callapse and water damage, and such other perils as may be provided in the Supplementary Ccnditions. and shall include damages. lasses and expenses arising aut .of or resulting from any insured loss .or incurred in the repair .or replacement of any insured praperty (including but not limited to fees and charges .of engineers, architects. attorneys and other prafessianalsl. If not covered under the "all risk" insurance or otherwise pro- vided in .the Supplementary Conditians, CONTRACTOR shall purchase and maintain similar property insurance on portians of the Work stared an and off the site .or in transit when such portions .of the Wark are to be included in an Applicatian far Payment. 5.7. OWNER shall purchase and maintain such bciler and machinery insurance or additianal prcperty insurance as may be required by the Supplementary Conditians .or La~s and Regulatians which will include the interests .of OWNER. CONTRACTOR. Subcontractors. ENGINEER AND ENGINEER's cansultunts in the Wark. all .of wham shall be listed as insured or additional insured parties. 12 I I 5.8. All the palicies .of insurance (.or the certificates .or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provisian or endorsement that the coverage afforded will not be cancelled .or materially changed or renewal refused until at least thirty days' priar written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. I I I 5.9. OWNER shall nat be respansible far purchasing and maintaining any property insurance ta protect the interests .of CONTRACTOR. Subcontractars .or .others in the Wark to the extent of any deductible amounts that are provided in the Supplementary Conditians. The risk of lass within the deductible amount. will be barne by CONTRACTOR. Sub- contractor .or others suffering any such lass and if any of them wishes praperty insurance caverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's awn expense. I I I 5. JO. If CONTRACTOR requests in writing that ather special insurance be included in the praperty insurance pal- icy. OWNER shall. if passible. include such insurance. and the cast thereof will be charged ta CONTRACTOR by appra- priate Change Order .or Written Amendment. Prior to com- mencement .of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or nat such ather insurance has been pracured by OWNER. I I Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each ather far all losses and damages caused by any of the perils covered by the policies of insurance provided in respanse to paragraphs 5.6 and 5.7 and any other praperty insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGI- NEER. ENGINEER's cansultants and all ather parties named as insureds in such policies for lasses and damages so caused. As required by paragraph 6.11. each subcan- tract between CONTRACTOR and a Subcantractar will contain similar waiver prcvisions by the Subccntractor in favor of OWNER. CONTRACTOR. ENGINEER. ENGI- NEER's consultants and all ather parties named as insureds. None .of the above waivers shall extend ta the rights that any .of the insured parties may have to the proceeds of insurance held by OWNER as trustee .or otherwise pay- able under any policy so issued. I I I I I I 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response ta paragraphs 5.6 and 5.7 shall pr.otect all of the parties insured and provide primary coverage for all losses and damages caused by the perils ca\'ered thereby. Accardingly. all such palicies shall con- tain pravisions to the effect that'in the event of payment of any loss or damage the insurer will have no rights of recovery against 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 Cllnsultant OWNER will ubtain the same. and if I I I such waiver farms are required .of any Subcantractar. CONTRACTOR will .obtain the same. Receipt and Application of Proceeds: 5.12. Any insured loss under the palicies .of insurance required by paragraphs 5.6 and 5.7 will be adj\.lsted with OWNER and made payable ta OWNER as trustee far the insureds. as their interests may appear. subject ta the require- ments .of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate accaunt any maney so received. and shall distribute it in accardance with such agreement as the parties in interest may reach. If na other special agreement is reached the damaged Wcrk shall be repaired .or replaced. the maneys sa received applied on accaunt thereof and the Work and the cost thereaf covered by an apprapriate Change Order or Written Amendment. 5.13. OWNER as trustee shall have pawer ta adjust and settle any loss with the insurers unless .one of the' parties in interest shall object in writing within fifteen days after" the .occurrence .of loss ta OWNER's exercise of this power. If such objectian be made, OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upan the .occurrence .of an insured loss. give band for the proper per- farmance .of such duties. Acceptance of Insurance: 5.14. If OWNER has any abjection ta the coverage affarded by or other provisians .of the insurance reqcired to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 an the basis of its nat camplying with the Contract Documents, OWNER shall natify CON- TRACTOR in writing thereof within ten days of the date of delivery of such certificates ta OWNER in accordance with paragraph 2.7. If CONTRACTOR has any abjectian to the coverage affarded by .or other pravisians of the palicies .of insurance required ta be purchased and maintained by OWNER in acccrdance with paragraphs 5.6 and 5.7 on the basis of their na~ complying with the Contract Dacuments. CON- TRACTOR, shall natify OWNER in writing thereafwithin ten days of the date .of delivery of such certificates to CON- TRACTOR in accardance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- tianal informatian in respect of insurance pravided by each as the other may reasanably request. Failure by OWNER or CONTRACTOR ta give any such natice .of objectian within the time pravided shall constitute acceptance of such insur- ance purchased by the ather as complying with the Contract Dacuments. Partw/ Uti/i:.ation-Propercy Insurance: 5.15. If OWNER finds it necessary to occupy .or use a purtion .or portions ufthe Wurk prior ta Substantial Cumple- tion .of all the Work, such use .or .occupancy may be accom- plisheu in accurdance with paragraph 14.10: provided that no 13 I I such use .or .occupancy shall cammence befare the insurers praviding the property insurance have ackncwledged notice thereaf and in writing effected the changes in caverage neces- sitated thereby. The insurers providing the property insur- ance shall can sent by endorsement an the palicy .or palicies, but the property insurance shall not be cancelled .or lapse an accaunt .of any such partial use .or occupancy. I I I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES I Supervision and Superintendence: 6.1. CONTRACTOR shall supervise and direct the Wark campetently and efficiently, devating such attention thereto and applying such skills and expertise as may be necessary to perfarm the Work in accardance with the Cantract Dac- uments. CONTRACTOR shall be sOlely responsible far the means, methads. techniques, sequences and procedures .of constructian, but CONTRACTOR shall nat be respansible for the negligence .of .others in the design .or selectian of a specific means, method, technique. sequence .or procedure of ccnstruction which is indicated in and required by the Contract Documents. CONTRACTOR shall be respansible to see that the finished Wark complies accurately with the Cantract Documents. I I I I 6.2. CONTRACTOR shall keep an the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice ta 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 cammunications given to the superintendent shall be as binding as if given ta CONTRACTOR. I I I Labor, Materials and Equipment: 6.3. CONTRACTOR shall pravide competent. suitably qualified persannel ta survey and lay aut the Wark and per- fcrm ccnstruction as required by the Can tract Dacuments. CONTRACTOR shall at all times maintaIn goad discipline and .order at the site. Except in cannectian with the safety .or pratectian of persans or the Wark or property at the site .or adjacent thereta. and except as .otherwise indicated in the Contract Dacuments, all Wark at the site shall be perfarmed during regular warking haurs. and CONTRACTOR will nat permit overtime wark or the perfarmance of Wark an Sat- urday. Sunday or any legal haliday without OWNER's writ- ten consent given after prior written notice ta ENGINEER. I I I I 604. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility fcr all materials, equipment. labor, transportatian, construction equipment and machinery, toals, appliances. fuel. power. light. heat, telephone, water, sanitary facilities. temparary facilities and all ather facilities and incidentals necessary for the furnishing, perfarmance. testing. start-up and completion of the Wark. I I 6.5. All materials and equipment shall be of gaad quality and new. except as .otherwise provided in the Ccntract Doc- uments. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed. can- nected. erected, used. cleaned and conditianed in accordance with the instructians of the applicable Supplier except as otherwise provided in the Ccntract Documents; but na pro- vi sian .of any such instructions will be effective ta assign ta ENGINEER. or any .of ENGINEER's consultants, agents or emplayees. any duty .or authority ta supervise .or direct the furnishing or perf.ormance .of the Wark .or any duty .or author- ity to undertake respansibility contrary ta the provisians .of paragraph 9.15 .or 9.16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit ta ENGINEER far acceptance (ta the extent indicated in paragraph 2.9) adjust- ments in the pragress schedule to reflect the impact thereon .of new devclapments: these win confarm generally to the progress schedule then in effect and additianally will comply with any pravisions of the General Requirements applicable thereta. SubstiJutes 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 praprietary item .or the name .of a particular Supplier the naming of the item is intended to establish the type. functian and quality required. Unless the name is followed by wards indicating that no substitution is permitted. materials .or equipment .of ather Suppliers may be accepted by ENGINEER if sufficient informatian is submitted by CONTRACTOR ta allow ENGINEER ta determine that the material or equipment propased is equivalent .or equal to that named. The pracedure far review by ENGINEER will include the fallawing as supplemented in the General Requirements. Requests for review of substitute items .of material and equipment will not be accepted by ENGI- NEER fram anyone other than CONTRACTOR. If CON- TRACTOR \Vishes to furnish .or use a substitute item .of material .or equipment. CONTRACTOR shall make writ- ten applicatian to ENGINEER for acceptance thereaf. certifying that the prapased substitute will perfarm ade- quately the functions and achieve the results called far by the general design. be similar and of equal substance ta that specified and be suited to the same use as that spec- ified. The applicatian will state that the evaluatian and acceptance of the prapased substitute will not prejudice CONTRACTOR's achievement .of Substantial Compte- tian on time, whether or nat acceptance .of the substitute for. use in the Wark will require a change in any .of the Contract Dacuments (or in the provisions of any other direct cantract with OWNER for wark an the Praject) ta .adapt the design ta the proposed substitute and whether or not incarparation .or use of the substitute in cannectian with the Wark is subject to payment of any license fee or 14 I I royalty. All variations of the propased substitute fram that specified will be identified in the application and available maintenance. repair and replacement service will be indi- cated. The appiication will also contain an itemized esti- mate of all costs that wit! result directly or indirectly from acceptance '01' such substitute. including costs .of redesign and claims of other contractors affected by the resulting change. all of which shall be considered by ENGINEER in evaluating the prapased substitute. ENG[NEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. I I I 6,7.2. Ifa specific means, method. technique. sequence .or pracedure .of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. sequence. technique or procedure of constructian acceptable to ENGINEER. if CONTRACTOR submits sufficient information ta ailow ENGIN EER to determine that the substitute propased is equivalent to that indicated .or required by the Contract Documents. The pracedure for review by E~G[NEER will be similar to that oravided in paragraph 6.7. I as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. I I I I 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each prapased substitute. ENGI- NEER will be the sole judge of acceptability. and no substitute will be .ordered. installed .or utilized without ENGINEER's priar written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR ta fur- nish at CONTRACTOR's expense a special perfarmance guarantee .or ather surety with respect to any substitute. ENGINEER will recard time required by ENGINEER and ENGINEER's consultants in eva:uating substitutians 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 cansultants for evaluat- ing each praposed substitute. I I I I I Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not emplay any Subcon- tractor. Supplier or other persan or organization I including thase acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.:!). whether initially or as a substi- tute. against wham OWNER .or ENGINEER may have reasanable objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier .or ather person l)r organization to furnish .or perform any of the Work against wham CONTRACTOR has reasonable abjeclilln. 6.8.2. [I' the Supplementary Conditians require the identity of certain Subcontractors. Suppliers or other per- sons or organizations (including those wha are to furnish the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior to the Effective Date 01' the Agreement for acceptance b,' I I I I I OWNER and ENGINEER and if CONTRACTOR has submitted a list thereaf in accardance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance (either in writing or by failing ta make written objec- tian thereta by the date indicated far acceptance .or abjec- tion in the bidding documents or the Contract Documents) of any such Subcantractor. Supplier .or other persan or organization so identified may be revaked an the basis of reasonable objectian after due investigatian. in which case CONTRACTOR shall submit an acceptable substitute. the Contract Price will be increased by the difference in the cast .occasioned by such substitutian 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 persan or organizatian shall constitute a waiver afany right of OWNER or ENGI- NEER to reject defecril'e Work. 6.9. CONTRACTOR shall be fully respansible to OWNER and ENG INEER for all acts and amissians .of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Wark under a direct .or indirect cantract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's awn acts and omis- sians. Nothing in the Cantract Dacuments shall create any cantractual relatianship between OWNER .or ENGINEER and any such Subcantractor. Supplier .or ather person .or arganizatian. nor shall it create any abligatian an the part of OWNER or ENGINEER to payor to see ta the payment of any moneys due any such Subcontractor, Supplier .or ather person or organization except as may otherwise be required by Laws and Regulatians. 6.10. The divisians and sectians .of the Specificatians and the identifications of any Drawings shall nat cantral CON- TRACTOR in dividing the Wark among Subcontractors or Suppliers or delineating the Wark ta be perfarmed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- cantractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Cantract Dacuments far the benefit .of OWNER and ENG[NEER and cantains waiver pravisians as required by paragraph 5.1 I. CONTRACTOR shall pay each Subcantractor a just share of any insurance maneys received by CONTRACTOR an account .of losses under pal- icies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in [he perfar- mance of the Work or the incarparation in the Work of any invention. design, process. praduct or device which is the subject of patent rights or capyrights held by others. If a particular invention. design. process. praduct or device is specified in the Contract Documents far use in the perfar- mance of the Work and if to the actual knawledge of OWN ER 15 I I or ENGINEER its use is subject ta patent rights .or capyrights calling for the payment of any license fee .or royalty ta .others. the ex.istence of such rights shall be disclosed by OWNER in the Cantract Dacuments. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly emplayed by either of them from and against all claims, damages. losses and ex.penses (including attarneys' fees and caurt and arbitration costs) arising aut .of any infringement of patent rights or capyrights incident ta the use in the perfcrmance .of the W.ork .or resulting from the incarparatian in the Work of any invention. design. pracess, praduct or device not specified in the Contract Documents, and shall defend all such claims in connectian with any alleged infringement of such rights. I I I I I Permits: 6.13. Unless .otherwise pravided in the Supplementary Conditians, CONTRACTOR shall obtain and pay for aU con- structian 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 far the prasecutian .of the Wark. which are applicable at the time .of .opening of Bids, or if there are na Bids an the Effective Date .of the Agreement. CON- TRACTOR shall pay all charges .of utility .owners far can- nections to the Work. and OWNER shall pay all charges .of such utility owners for capital casts related thereta such as plant investment fees. I I I I Laws and Regulations: 6.14.1. CONTRACTOR shall give all natices and camply with all Laws and Regulations applicable ta fur- nishing and perfarmance of the Wark. Except where oth- erwise expressly required by applicable Laws and Regu- latians. neither OWNER nor ENGINEER shall be respon- sible for monitaring CONTRACTOR's compliance with any Laws or Regulations. I I 6.14.2. If CONTRACTOR observes that the Specifi- catians or Drawings are at variance with any Laws .or Regulatians. CONTRACTOR shall give ENGINEER prampt written natice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 304. If CONTRACTOR performs any Wark knowing .or having reasan ta knaw that it is cantrary ta such Laws .or Regulations,. and withaut such notice ta ENGINEER. CONTRACTOR shall bear all casts arising therefram; however. it shall not be CONTRACTOR's pri- mary respansibility ta make certain that the Specificatians and Drawings are in accordance with such Laws and Regulatians. I I I I Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and ather similar taxes required ta be paid by CONTRAC- TOR in accardance with the Laws and Regulations .of the I I place of the Project which are applicable during the perfor- mance .of the Wark. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment. the starage .of materials and equipment and the oper- aticns .of wcrkers tc the Project site and land and areas iden- tified in and permitted by the Contract Dacuments and ather land and areas permitted by Laws and Regulations. rights- .of-way, permits and easements, and shall nat unreasanably encumber the premises with construction equipment .or other materials or equipment. CONTRACTOR shall assume full respansibility far any damage ta any such land or area. .or ta the owner or occupant thereof .or of any land .or areas contig- uous thereta. resulting from the performance .of the Wark. Should any claim be made against OWNER or ENGINEER by any such owner .or .occupant because .of the perfarmance .of the Wark. CONTRACTOR shall promptly attempt ta settle with such other party by agreement or .otherwise resolve the claim by arbitratian .or at law. CONTRACTOR shall, ta the fullest extent permitted by Laws and Regulaticns. indemnify and hold OWNER and ENGINEER harmless from and against all claims. damages. losses and expenses (including, but nct limited to, fees of engineers, architects. attorneys and ather professionals and court and arbitration costs) arising directly, indirectly or consequentially aut of any action. legal or equi- table. brought by any such other party against OWNER .or ENGINEER ta the extent based an a claim arising out of CONTRACTOR's perfarmance .of the Work. 6.17.. During the progress of the Wark. CONTRACTOR shall keep the premises free fram accumulations .of waste materials. rubbish and other debris resulting frcm the Work. At the completian .of the Wark CONTRACTOR shall remave all waste materials. rubbish and debris from and about the premises as well as all tools, appliances, construction equip- ment and machinery. and surplus materials. and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restare to .original conditian all property nat designated fcr aJteraticn by the Ccntract Dccuments. 6.18. CONTRACTOR shall not laad nar permit any part of any structure ta be loaded in any manner that will endanger the structure. nar shall CONTRACTOR subject any part .of the Wark or adjacent praperty to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one recard copy of all Drawings. Specificatians. Addenda. Written Amendments, Change Orders, Wark Directive Changes. Field Orders and written interpretatians and c1anficati.ons (issued pursuant to paragraph 904) in goad .order and annotated to shaw all changes made during con- struction. These recard documents together with all appraved samples and a counterpart of all appraved Shap Drawings will be available to ENGINEER for reference. Upon com- 16 I 1 pletian .of the Wark. these recard documents. samples and Shap Drawings will be delivered to ENGINEER for OWNER. '1 Safety and Protection: 6.20. CONTRACTORshall be respansible for initiating. maintaining and supervising all safety precautions and pro- grams in cannectian with the Work. CONTRACTOR shall take all necessary precautions far the safety of. and shall provide the necessary protection to prevent damage. injury .or loss ta: I 1 I 6.20.1. all employees an the Work and ather persons and organizatians who may be affected thereby: I 6.20.2. all the Wark and materials and equipment to be incorparated therein. whether in storage on or off the site: and I 6.20.3. ather praperty at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. road- ways. structures. utilities and Underground Facilities not designated far remaval. relacation or replacement in the course of constructian. 1 CONTRACTOR shall comply with all applicable Laws and Regulations of any public bady having jurisdictian far the safety of persons .or property or ta protect them from damage. injury .or lass: 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. relacation and repl'acement .of their prop- erty. All damage. injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly. in whole or in part, by CONTRACTOR, any Subcontractor. Supplier or any other person or organization directly or indi- rectly employed by any of them to perform .or furnish any of the Wark or anyane far whase acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss 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 anyane for whase acts either of them mav be liable. and not attributable. directlv or indi- rectly. in whole .or in part. to the fault or negligence-of CON- TRACTOR). CONTRACTOR's duties and responsibilities far the safety and pratectian 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 14.13that the Work is acceptable (except as otherwise expressly provided in connection with Substan- tial Completion\. I I I I I I I I 6.21. CONTRACTOR shall designate a respl'nsible rep- resentative at the site whose duty shall be the prevention lIt' accidents. This person shall be CONTRACTOR's superin- tendent unless otherwise designated in writin~ by CON- TRACTOR to OWNER. I I Emergencies: 6.22. In emergencies affecting the safety arprotectian .of persans or the Wark .or property at the site .or adjacent thereto. CONTRACTOR. without special instructian .or autharization from ENGINEER or OWNER. is obligated to act to prevent threatened damage. injury or lass. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Wark or variations fram the Cantract Documents have been caused thereby. If ENGI- NEER determines that a change in the Contract Dacuments is. required because of the actian taken in response ta an emergency. a Work Directive Change .or Change Order will be issued to dacument 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 ta ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissians (see para-' graph 2.9), or for other appropriate action if sa indicated in the Supplementary Conditions. five copies (unless otherwise specified in the General Requirements) of all Shap Drawings. which will bear a stamp .or specific written indicatian that CONTRACTOR has satisfied CONTRACTOR's respansi- bilities under the Contract Documents with respect t.o the review .of the submissian. All submissians will be identified as ENGINEER may require. The data shown on the Shop Drawings will be camplete with respect to quantities. dimen- sions. specified performance and design criteria. materials and similar data ta enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit ta ENGINEER for review and approval with such promptness as to cause no delay in Wark. all samples required by the Contract Dcc- uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's respansibilities under the Contract Documents with respect tc the review of the sub- missian and will be identified clearly as ta material. S4pplier. pertinent data such as catalog numbers and the use for which intended. 6.25.1. Before submission of each Shop Drawing .or sample CONTRACTOR shall have determined and veri- fied all quantities. dimensions. specified performance cri- teria. installation requirements. materials. catalog num- bers and similar data with respect thereto and reviewed .or caordinated 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 lIt' each submission. CONTRAC- TOR shall give ENGIN EER specific written notice of each variation that the Shop Drawings or samples may have from the requirements llf the Cllntract Documents. and. in addition. sh.11I cause :I specific notation to be made on 17 I I I I I I I 1 I I I I I I I I' I I I each Shap Drawing submitted to ENGINEER far review and appraval of each such variation, 6.26. ENGINEER will review and apprave with reasan- able prcmptness Shop Drawings and samples, butENGI. NEER's review and approval will be .only far confarmance with the design concept of the Praject and for campliance with the infonnatian given in the Cantract Dacuments and shall not extend ta means. methods, techniques, sequences or pracedures of ccnstructian (except where a specific means, methad, technique. sequence .or pracedure .of constructian is indicated in .or required by the Ccntract Dacuments) or to safety precautions .or pragrams 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 Shap Drawings and submit as required new samples far review and approval. CONTRACTOR shall direct specific attention in writing ta revisians other than the carrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR fram responsibility for any variation fram the requirements of the Cantract Documents unless CONTRACTOR has in writing called ENGINEER's attentian to each such variatian at the time of submission as required by paragraph 6.25.2 and ENGINEER has given written appraval .of each such varia- tion by a specific written natation thereof incarporated in .or accompanying the Shop Drawing or sample appraval: nar will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings .or from responsibility far having complied with the pro- visions of paragraph 6.25.1. 6.28. Where a Shop Drawing or sample is required by the Specifications. any related Work performed prior to ENGI- NEER's review and appravaJ .of the pertinent submissian will be the sole expense and respansibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry an the Wark and adhere to the progress schedule during all disputes .or disagreements with OWNER. Na Work shall be delayed .or pastpaned pend- ing resolutian of any disputes or disagreements, except as permitted by paragraph 15.5 .or as CONTRACTOR and OWNER may .otherwise agree in writing. lrukmnification: 6.30. Ta the fullest extent permitted by Laws and Regu. latians 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 nat limited to fees and charges .of engineers, architects, attarneys and other prafessianals and caurt and arbitratian casts) aris- ing aut of or resulting from the perfarmance of the Work. provided that any such claim. damage, loss or expense (a) is attributable to badily injury, sickness. disease orqeath. orta injury to .or destructian of tangible praperty (ather than the Wark itselO including the lass .of use resulting therefrom and (b) is caused in whcle or in part by any negligent act or .omission .of CONTRACTOR. any Subcontractar, any person .or arganizatian directly or indirectly emplayed by any of them to perform .or furnish any of the Work or anyane for whose acts any .of them may be liable, regardless of whether or nat it is caused in part by a party indemnified hereunder or arises by .or is imposed by Law and Regulatians regardless .of the negligence of any such party. 6.31. In any and all claims against OWNER .or ENGI- NEER or any of their cansultants, agents .or emplayees. by any emplayee of CONTRACTOR. any Subcantractar. any person or .organization directly or indirectly emplayed by any .of them ta perfann .or furnish any .of the Wark or anyane for whose acts any of them may be liable, the indemnification abligatian under paragraph 6.30 shall not be limited in any way by any limitatian on the amount .or type of damages. compensation .or benefits payable by or far CONTRACTOR or any such Subcantractar or ather person or arganizatian under warkers' .or warkmen's compensation acts, disability benefit acts .or other employee benefit acts. 6.32. The abligatians of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents .or emplayees arising out .of the preparation or appraval .of maps, drawings, .opinions. reports, surveys. Change Orders. designs .or specifications. ARTICLE 7-OTHER WORK Re/JJJed Work at Sile: 7.1. OWNER may perform other work related ta the Proj- ect at the site by OWNER's own farces, have other work perfarmed by utili ty .owners or let ather direct cantracts therefar which shall cantain General Conditians similar to these. If the fact that such other work is tc be performed was nat ncted in the Cantract Dacurilents, written notice thereof will be given to CONTRACTOR priar ta starting any such ather work; and, if CONTRACTOR believes that such perfor- mance will invalve additional expense ta CONTRACTOR or requires additianal time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor wha is a party to such a direct contract (or OWNER. if OWNER is performing the additicnal work with OWNER's emplayees) proper and safe access ta the site and a reasonable opportunity for the intrcduction and storage of materials and equipment and the executicn .of such wcrk. and shall properly cannect and caordinate the W.ork with theirs. CONTRACTOR shall da all cutting, fitting and patching .of the Wark that may be required to make its several parts came together properly and integrate with such .other wark. CON- 18 I I I I. I I I I I I I I I I I I I I 1 TRACTOR shall nat endanger any work .of others by cutting. excavating .or otherwise altering their wark and will .only cut or alter their work with the written consent of ENGINEER and the others whose wark will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are far the benefit .of such utility .owners and ather contractars ta the extent that there are comparable pravisians for the benefit of CONTRACTOR in said direct contracts between OWN ER and such utility owners and other cantractors. 7.3. If any part of CONTRACTOR's Wark depends for proper execution or results upon the work of any such other cantractor .or utility owner (or OWNERl. CONTRACTOR shall inspect and pramptly repart ta ENGINEER in writing any delays. defects or deficiencies in such work that render it unavailable or unsuitable far such praper executian and results. CONTRACTOR's failure so ta report will constitute an acceptance .of the ather 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. Coordination: 7.4. If OWNER contracts with .others for the perfor- mance .of ather wark an the Praject at the site. the persan or organization who will have authority and responsibility for caardination .of the activities amang the various prime can- tractors will be identified in the Supplementary Conditians. and the specific matters ta be covered by such autharity and responsibility will be itemized. and the extent .of such authar- ity and respansibi(ities will be provided. in the Supplementary Conditions. Unless .otherwise provided in the Supplementary Conditi.ons. neither OWNER nor ENGINEER shall have any authority .or respansibility in respect .of such coordinatian. ARTICLE 8-0WNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communicatians to CON- TRACTOR thraugh ENGINEER. 8.2. In case .of termination of the emplayment of ENG 1- NEER. OWNER shall appaint an engineer against wham CONTRACTOR makes no reasonable abjectian. whose sta- tus under the Cantract Dacuments shall be that of the farmer ENGINEER. Any dispute in connectian with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required .of OWNER under the Contract Documents pramptly and shall make pay- ments to CONTRACTOR promptly after they are due as pravided in paragraphs 1404 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys ta establish reference paints are set forth in paragraphs 4.1 and 404. Para- graph 4.2 refers to OWNER's identifying and making avail- able ta CONTRACTOR copies .of reports afexploratians and tests of subsurface conditions at the site and in existing struc- tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's respansibilities in respect .of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 thraugh 5.8. 8.6. OWNER is .obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect .of certain inspectians, tests and approvals is set forth in paragraph 13.4. 8.8. In connectian with OWNER's right ta stop Work or suspend Work. see paragraphs 13.lOand I:;.!. 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 afautharity .of ENGINEER as OWNER's representative during constructian are set foith in the Con- tract Documents and shall not be extended without \vritten cansent .of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits ta the site at intervals apprapriate ta the various stages of construction to observe the progress and quality of the executed Work and to deter- mine, in general. if the Work is praceeding in accordance with the Contract Documents. ENGINEER will nO! be required ta make exhaustive .or cantinuaus an-site inspections to check the quality .or quantity of the Work. ENGINEER's effarts will be directed taward praviding for OWNER a greater degree .of ccnfidence that the completed Work will conform to the Cantract Documents. On the basis .of such visits and on-site observations as an experienced and qualified design profes- sianaI. ENGINEER will keep OWNER informed .of the prog- ress of the Work and will endeavar 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 ta assist ENGINEER in .observing the perfarmance of the Wark. The duties, respansibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Canditions. If OWNER designates another agent to represent OWN ER at the site wha is not ENGINEER's agent or emplayee. the duties. responsibilities and limit<ltians of autharity .of such other pusan will be as provided in the Supplementary Conditions. 19 I I Clarifications and Inlerprellllions: 904. ENGINEER will issue with reasonable promptness such written clarificatians or interpretations .of the require- ments .of the CantractDacuments (in the farm .of Drawings or otherwise) as ENGINEER may determine necessary, which shall be cansistent with .or reasonably inferable fram the overall intent of the Cantract Documents. If CONTRACTOR believes that a wrinen clarification .or interpretatian justifies an increase in the Cantract Price or an extension of the Contract Time and the parties are unable ta agree ta the amaunt .or extent thereaf. CONTRACTOR may make a claim therefor as prcvided in Article I] .or Article 12. I I I I Authorized Variations in Work: 9.5. ENGINEER may authorize minar variatians in the Wark fram the requirements of the Contract Documents which do nat involve an adjustment in the Cantract Price or the . Can tract Time and are consistent with the .overall intent .of the Contract Documents. These may be accamplished by a Field Order and will be binding on OWNER. and alsa on CONTRACTOR who shall perform the Wark involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Cantract Price .or an extensian .of the Contract Time and the parties are unable ta agree as ta the amount or extent thereaf, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. I I I 1 Rejecting Defective Work: 9.6. ENGINEER will have autharity ta disapprave or reject Work which ENGINEER believes to be defeccive, and will alsa have authority to require special inspectian arresting of the Warkas provided in paragraph 13.9, whether or nat the Work is fabricated, installed or completed. I I Shop Drawings, CJuznge Orders and Payments: 9.7. In cannectian with ENGINEER's respansibility for Shap Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. I I 9.8. In connectian with ENGINEER's respansibilities as to Change Orders. see Articles 10, 1] and 12. I 9.9. In connection with ENGINEER's respansibilities in respect .of Applicatians far Payment, etc.. see Article 14'. I DetermilUlJions for Una Prices: 9. ]0. ENGINEER will determine the actual quantities and classifications of Unit Price Wark perfarmed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinatians on such matters before rendering a written decision therean (by recommen- datian of an Application for Payment .or otherwise). ENGI- NEER's written decisians 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 ta the ather party to the Agreement and I I I ta ENGINEER written natice .of intentian ta appeal from such a decisian. Decisions on-Disputes: 9.11. ENGINEER will be the initial interpreter .of the requirements of the Contract Documents and judge of the acceptability .of the Work thereunder. Claims. disputes and other matters relating to the acceptability of the Work or the interpretatian of the requirements of the Can tract Dacuments pertaining ta the perfarmance and furnishing .of the Wark and claims under Articles 11 and 12 in respect of changes in the Contract Price .or Cantract Time will be referred initially ta ENGINEER in writing with a request for a formal decision in accardance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim. dispute and other matter will be delivered by the claimant ta ENGINEER and the other party ta 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 ta ascertain mare accurate data in suppart of the claim. 9.12. When functianing as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not shaw par- tiality ta OWNER or CONTRACTOR and will nat be liable in cannection with any interpretatian .or decision rendered in gaad faith in such capacity. The rendering of a decision by ENGINEER pursuant ta paragraphs 9.10 and 9.11 with respect to any such claim. dispute or other matter (except any which have been waived by the making .or acceptance of final pay- ment as provided in paragraph 14.16) will be a ccnditicn precedent to any exercise by OWNER or CONTRACTOR .of such rights .or remedies as either may .otherwise have under the Can tract Dacuments or by Laws or Regulations in respect .of any such claim. dispute or other matter. Limilalions on ENGINEER's ResponsibiJiJies: 9.13. Neither ENGINEER's authority tc act under this Article 9 or elsewhere in the Cantract Documents oar any decision made by ENGINEER in gaod faith either ta exercise or nct exercise such authority shall give rise to any duty or responsibility .of ENGINEER to CONTRACTOR. any Sub- contractar, any Supplier, .or any ather persan .or .organization performing any .of the Work. or ta any surety far any .of them. 9.14. Whenever in the Cantract Documents the terms "as ordered", .. as directed", "as required", .. as allowed", "as approved" .or terms of like effect .or import are used, .or the adjectives "reasonable", .. suitable", "acceptable", "proper" .or "satisfactary" or adjectives .of like effect .or impart are used tc 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 sofely to evaluate the Wark far compliance with the Cantract Dacu- ments (unless there is a specific statement indicating .other- wise). The use .of any such term or adjective shall nat be 20 I I 1 I I I 1 I 1 I I I I I I I I 1 I effective ta assign ta ENGINEER any duty .or autharity to supervise or direct the furnishing .or perfarmance .of the Work or any duty .or autharity ta undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. 9.15. ENGINEER will not be responsible for CON- TRACTOR's means, methods. techniques, sequences or pro- cedures .of canstructian. .or the safety precautians and pra- grams incident thereto, and ENGINEER will not be respon- sible for CONTRACTOR's failure to perfarm or furnish the Work in accordance with the Contract Dacuments. 9.16. ENGINEER will nat be responsible for the acts or .omissions .of CONTRACTOR or .of any Subcantractor. any Supplier. .or .of any other persan .or organizatian perfarming or furnishing any of the Wark. ARTICLE IO-CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice ta any surety, OWNER may. at any time or from time to time. order additions. deletions or revisions in the Wark: these will be authorized by a Written Amendment. a Change Order. .or a Work Directive Change. Upan receipt afany such dacument. CONTRACTOR shall promptly proceed with the Work invalved which will be perfarmed under the applicable canditians .of the Contract Dacuments (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as ta the extent, if any. of an increase .or decrease in the Cantract Price or an extensian .or shartening of the Contract Time that shauld be allowed as a result .of a Wark Directive Change. a claim may be made therefar as pravided in Article II or Article 12. 10.3. CONTRACTOR shall oat be entitled to an increase in the Cantract Price .or an extensian .of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended. madified and supple- mented as pravided in paragraphs 304 and 3.5. except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Wark as provided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders lor Written Amendments) covering: lOA.!. changes in the Wark which are ordered by OWNER pursuant to paragraph 10.1. are.required because of acceptance of Jefi'ctil'e Work under paragraph 13.13 or correcting JI!/l'cti\'1' Work under paragraph 13.14. or are agreed ta by the parties: IDA.:!. changes in the Contract Price or Contract Time which are agreed ta by the parties: and 10.4.3. changes in the Cantract Price .or Cantract Time which embody the substance .of any written decisicn ren- dered by ENGINEER pursuant ta paragraph.9.11: pravided that, in lieu of executing any such Change Order. an appeal may be taken fram any such decision in accordance with the pravisions .of the Can tract Dacuments and applicable Laws and Regulations, but during any such appeal. CON- TRACTOR shall carry an the Work and adhere to' the prag- ress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scape of the Work or the provisions of the Contract Documents (including, but nat limited to, Contract Price .or Contract Time) is required by the pravisions of any Bond ta be given to a surety. the giving of any such notice will be CONTRAC- TOR's respansibility, and the amaunt .of each applicable Band will be adjusted accordingly. ARTICLE II-CHANGE OF CONTRACT PRICE II. I. The Contract Price canstitutes the tatal compen- satian (subject to authorized adjustments) payable to CON- TRACTOR for performing the Wark. All duties. responsibil- ities and abligatians assigned ta or undertaken by CON- TRACTOR shall be at his expense withaut change in the Contract Price. 11.2. The Contract Price may .only be changed by a Change Order or by a Written Amendment. Any claim for an increase .or decrease in the Contract Price shall be based an written natice delivered by the party making the claim to the ather party and ta 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. Natice of the amaunt of the claim with supparting data shall be delivered within sixty days after such .occurrence (unless ENGINEER allows an additional period .of time ta ascertain mare accurate data in suppart .of the claim) and shall be accompanied by claimant's written statement that the amount claimed cavers all known amaunts (direct, indirect and can- sequential) to which the claimant is entitled as a result .of the .occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot .otherwise agree an the amaunt invalved. Na claim far an adjustment i~ the Contract Price will be valid if not submitted in accardance with this paragraph II.:!. 11.3. The value of any Wark covered by a Change Order or of any claim far an increase or decrease in the Contract Price shall be determined in one .of the fallawing ways: .11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents. by.applica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3. inclusivel. 21 I I 11.3.2. By mutual acceptance .of a lump sum (which may include an allowance for overhead and profit nat necessarily in accordance with paragraph 11.6.2.1). I I 11.3.3. On the basis .of the Cost of the Work (deter. mined as. provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7). I Cost 0/ the Work: 11.4. The term Ccst of the Work means the sum of all casts necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed la in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the lacality .of the Project. shall include only the following items and shall nat include any .of the costs itemized in paragraph 11.5: I I I 11.4.1. PayraU costs for employees in the direct emplay .of CONTRACTOR in the perfarmance .of the Wark under schedules of jab c1assificatians agreed upon by OWNER and CONTRACTOR. Payrall casts for emplayees nat employed full time an the Wark shall be appartianed an the basis .of their time spent an the Wark. Payrall costs shall include. but nat be limited ta, salaries and wages plus the cast of fringe benefits which shall include sacial security contributions, unemplayment. excise and payrall taxes. workers' .or warkmen's compensatian. health and retirement benefits. b.onuses. sick leave. vacation and hal- iday pay applicable thereto. Such emplayees shall include superintendents and faremen at the site. The expenses .of perfarming' Wark after regular warking hours. on Satur- day, Sunday .or legal holidays, shall be included in the abave ta the extent autharized by OWNER. I I I I 1104.2. Cast of all materials and equipment furnished and incarparated in the Wark, including costs .of trans- ponation and storage thereaf, and Suppliers' field services required in connectian therewith. All cash discaunts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which ta make payments, in which case the cash discaunts shall accrue ta OWNER. All trade discounts. rebates and refunds and all returns fram sale .of surplus materials and equipment shall accrue ta OWNER, and CONTRACTOR shall make pravisians sa that they may be .obtained. I I I I 11.4.3. Payments made by CONTRACTOR ta the Subcantractors far Work performed by Subcantractors. If required by OWNER. CONTRACTOR shall obtain campetitive bids from Subcontractars acceptable to CON- TRACTOR and shall deliver such bids ta OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcanlract provides that the Subcontractar is to be paid an the basis .of Cast of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC. TOR's Cost .of the Wark. All subcantracts shall be subject I I I to the other pravisians .of the Can tract Documents insofar as applicable. 11.404, Casts .of special consultants (including but nat limited to-engineers. architects, testing laborataries, sur- veyars. attarneys and accountants) em played for services specifically related to the Wark. 11.4.5. Supplemental casts including the fallawing: 11.4.5; 1. The propartian of necessary transparta- tian, travel and subsistence expenses of CONTRAC. TOR's emplayees incurred in discharge .of duties con- nected with the Work. 11.4.5.2. Cast. including transportation and main- tenance. of all materials. supplies. equipment. machin- ery, appliances, .office and temparary facilities at the site and hand tacls nat owned by the warkers, which are consumed in the perfarmance .of the Wark. and cast less market value .of such items used but not consumed which remain the praperty .of CONTRACTOR. 11.4.5.3. Rentals .of all canstruction equipment and machinery and the parts thereof whether rented from CONTRACTOR .or others in accordance with rental agreements appraved by OWNER with the advice .of ENGINEER, and the costs of transportation, loading, unlaading. installation, dismantling and removal thereaf-all in accordance with terms of said rental agreements. The rental of any such equipment. machin- ery or parts shall cease when the use thereafis nc longer necessary for the Wark. 11.4.5.4. Sales. consumer. use or similar taxes related ta the Wark. and far which CONTRACTOR is liable, impased by Laws and Regulatians. 11.4.5.5. Depasits lost far causes other than negli- gence .of CONTRACTOR. any Subcantractar or any- one directly .or indirectly employed by any .of them .or for whose acts any .of them may be liable. and rayalty payments and fees far permits and licenses. 11.4.5.6. Losses and damages (and related expenses). not compensated by insurance or .otherwise. to the Wark .or .otherwise sustained by CONTRACTOR in connectian with the perfarmance and furnishing of the Work (except losses and damages within the deductible amounts .of praperty insurance established by OWNER in accordance with paragraph 5.9), pro- vided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractar, or anyane directly .or indirectly employed by any of them .or for whose acts any of them may be liable. Such lasses shall include settlements made with the written consent and appraval .of OWNER. Na such losses, damages and 'expenses shall be included in the Cost of the Wark far the purpose of determining CONTRAC- TOR's Fee. If. however, any such loss .or damage 22 I I 1 I I 1 I 1 I 1 I I I I I I 1 I I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportianate ta that stated in paragraph 11.6.2. I J 04.5.7. The cost of utilities. fuel and sanitary facilities at the site. 1104.5.8. Minor expenses such as telegrams. long distance telephone calls, 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 far property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the 'Nork shall nat include any of the fallawing: 11.5. I. Payroll costs and other compensation of CON- TRACTOR's officers. executives. principals 101' partner- ship and sole praprietorshipsJ. general managers. engi- neers. architects. estimators. attorneys, auditors. accoun- tants. purchasing and contracting agents. expeditors. timekeepers. clerks and ather persannel emplayed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tian .of the Work and nat specifically included in the agreed upon schedule .of job classifications referred ta in para- graph 11.4.1 or specifically cavered by paragraph 11.4.4- all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses L,f CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. :\ny part ofCONTRACTOR's capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cast .of premiums far all Bands and far all insurance whether or not CONTRACTOR is required by the Contract Documents ta purchase and maintain the same (except far the cost .of premiums covered by sub- paragraph 1104.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR. any Subcontractor. or anyone directly or indirectly employed by' any of I ;,~m or for whose acts any of them may be liahle. incl'.iding but not limited to. the correction of de.fl'( {i,. "'urk. Jisposal L,f materials or equipment wrongly SU, ~"(~...: "1aking good any damage to prop. erty. 11.5.6. Other overhead or general expense costs of any kind ami the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR far .overhead and prafit shall be determinc::d as fallaws: 11.6.1. a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.2. a fee based an the fallowing percentages .of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and I \.4.~. the CONTRACTOR's Fee shall be fifteen percent: 11.6.~.~. far ccsts incurred under paragraph 11.4.3. the CONTRACTOR's Fee shall be f.ve percent: and if a subcontract is an the basis of Cast of the Wark Plus a Fee. the maximum allowable ta CONTRACTOR on account .of overhead and prafit .of all Subcantractars shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. ll..U and 11.5: 11.6.204. the amount of credit to be allowed by CONTRACTOR ta OWNER far any such change which results in a net decrease in cost will be the amount .of the actual net decrease plus a deductian in CONTRAC- TOR's Fee by all amount equal ta ten percent .of the net decrease: and 11.6.2.5. when both additians and credits are in valved in any .one change. the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 throJgh 11.6.2.4. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant ta paragraph 11.4 or 11.5. CONTRACTOR will submit in form acceptable ta ENGINEER an itemized cast breakdawn tagether with supparting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Cantract Price all allowances sa named in the Contract Documents and shall cause the Wark sa covered ta be done by such Subcantractors .or Suppliers and far 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 ta CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances ta be deliv- ered at the site. and all applicable taxes: and 11.8.~. CONTRACTOR's costs for unloading :lnd handling on the site. lahor. installutian costs. .overhead. profit and ather expenses contemplated for the allow:lnces have been included in the Contract Price ,lOd not in the 23 I I allawances. No demand far additianal payment on account .of any thereof will be valid. 1 Prior to final payment, an appropriate Change Order will be issued as recammended by ENGINEER to reflect actual amounts due CONTRACTOR an accaunt of Wark covered by allowances. and the Contract Price shall be correspond- ingly adjusted. 1 I UnilPme Work: 11.9.1. Where the Can tract Dacuments provide that all or part of the Work is t.o be Unit Price Wark. initially the Contract Price will be deemed ta include for aU Unit Price Work an amount equal ta 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 W.ork are not guaranteed and are salely fcr the purpose .of comparison of Bids and determining an initial Cantract Price. Determinatians .of the actual quan- tities and c1assificatians of Unit Price Wark perfarmed by CONTRACTOR will be made by ENGINEER in acccr- dance with Paragraph 9.10. I I I I 11.9.2. Each unit price will be deemed ta include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's .overhead and prafit for each sep- arately identified item. I I 11.9.3. Where the quantity of any item .of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no carrespanding adjustment with respect ta any other item .of Work and if CONTRACTOR believes that CONTRACTOR has incurred additianal expense as a result thereaf. CON- TRACTOR may make a claim fcr an increase in the Con- tract Price in accardance with Article II if the parties are unable to agree as to the amount .of any such increase. I I I ARTICLE 12-CHANGE OF CONTRACT TIME I 12.1. The Contract Time may .only be changed by a Change Order or a Written Amendment. Any claim for an extension or shartening of the Cantract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER pr.omptly (but in no event later than thirty days) after the .occurrence of the event giving rise ta 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 mare accurate data in suppcrt .of the claim) and shall be accom- panied by the claimant's written statement that the adjust- ment claimed is the entire adjustment ta which the claimant has reason to believe it is entitled as a result .of the occurrence .of said event. All claims for adjustment in the Contract Time I 1 I I shall be determined by ENGINEER in accardance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. Na claim for an adjustment in the Contract Time will be valid if not submitted in accardance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due ta delays beyand the cantral .of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include, but nat be limited ta, acts or neglect by OWNER or others performing additional work as contemplated by Article 7. .or ta fires. floods. labor disputes, epidemics. abnarmal weather conditians or acts of Gad. 12.3. All time limits stated in the Contract Documents are .of the essence of the Agreement. The provisions .of this Article 12 shall not exclude recovery far damages (including but oat limited ta fees and charges of engineers, architects, attarneys and other professianals and court and arbitration costs) for delay by either party. ARTICLE 13-W ARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOV AL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and GUiUrllUee: 13.1. CONTRACTOR warrants and guarantees ta OWNER and ENGINEER that all Wark will be in accor- dance with the Contract Documents and will not be defective. Prampt notice of all defects shall be given ta CONTRAC- TOR. All defective Work, whether or nat in place, may be rejected. carrected .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 gav- ernmental agencies withjurisdictianal interests will have access to the Wark at reasanable times far their observatian. inspecting and testing. CONTRACTOR shall pravide proper and safe conditions for such access. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice .of readiness .of the Work for all required inspectians. tests or appravals. 13.4. If Laws .or Regulations of any public body. having jurisdiction require any Work (or part thereaf) to specifically be inspected. tested or approved. CONTRACTOR shall assume full respansibility therefor, pay all casts in connectian therewith and furnish ENGINEER the required cenificates of inspectian, testing or approval. CONTRACTOR shall also 24 I I be respansible far und shull pay ull casts in connection with any inspectian .or testing required in connection with OWN. ER's or ENGINEER's acceptance of a Supplier of materials .or equipment praposed to be incarparated in the Work. .or of materials or equipment submitted for approval prior to CON. TRACTOR's purchase thereoffor incorparatian in the Wark. The cast .of all inspections. tests and appravals in additian to the above which ure required by the Contract Documents shall be paid by OWNER (unless otherwise specifiedl. I I I 13.5. All inspections. tests or approvals other than those required by Laws .or Regulations of any public bodv having jurisdiction shall be perfarmed by organizations ac~eptabl~ ta OWNER and CONTRACTOR (or by ENGINEER if so specified). I I 13.6. If any Wark (including the wark of .others) that is to be inspected. tested .or approved is cavered without written concurrence of ENGINEER. it must. if requested by ENGI- NEER. be uncovered for .observation. Such uncoyering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice ofCONTRACTOR's inten- tion to cover the same and ENGINEER has nat acted with reasonable promptness in respanse to such natice. I I 13.7. Neither abservatians by ENGINEER nor inspec- ti.ons. tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's abligatians ta perfarm the Wark in accardance with the Contract Dacuments. 1 I Uncovering Work: 13.8. If any Work is covered contrary ta the written request of ENGINEER. it must. if requested by ENGI~EER. be uncoyered for ENGINEER's observation and replaced at CONTRACTOR's expense. I I 13,9, If ENGINEER considers it necessary or advisable that covered Wark be observed by ENGINEER .or inspected .or tested by others. CONTRACTOR, at ENGINEER's request. shall uncover. expose .or otherwise make available for observation. inspectian ~r testing as ENGI~EER mm' require. that portion of the Work in question. furnishing ail necessary labor. material and equipment. If it is found that such Wark is dtfl!('til'e. CONTRACTOR shall.bear all direct. indirect and consequential casts of such uncayering. expo. sure. observation. inspection and testing and of satisfactory reconstruction. (including but not limited to fees and charges of engineers. architects. ;ttorneys and ather professionals). and OWN ER shall be entitled to an appropriate decrease in the Contract Price. ami. if the parties are unable to agree as to the amount thereof. may make a claim therc::f.or as pr~vided in Article II. If. ho\\ e\'er. sllch WLlI'k is not fL'und to be de.!,'oil'L'. COVfRACTOR shall be allowed an increase in the CLlntr,lct Pri\.'\., .'r .'.il <:\it:nsion of the Contract Time. l'r both. directly attril1Lltabk 10 such uncovering. t:xposure. obs<::ryation. inspt:ction. testing anu reconstruCtiL'n: and. if the parties are unable 10 agree as to the amount or extenl I I I I I 1 thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. Owner M.ay Stop the Work: 13.10. . If the Work is defective. .or CONTRACTOR fails. ta supply sufficient skilled workers .or suitable materials or equipment. or fails to furnish .or perfarm the Wark in such a way that the completed Work will conform to the Contract Dacuments. OWNER may order CONTRACTOR to s~op the Work. or any portion thereof. until the cause far such .order has been eliminated: however. this right of OWNER to stop the Wark shall nat give rise to any duty on the part .of OWNER to exercise this right for the benefit .of CONTRACTOR or any ather party, Correction or Removal of Defective Work: 13.11. Ifrequired by ENGINEER. CONTRACTOR shall pramptly. as directed. either correct all defective Wark, whether or not fabricated. installed .or completed. .or. if the Wark has been rejected by ENGINEER. remave it fram the site and replace it with lIondefectil'e Wark. CONTRACTOR shall bear all direct. indirec~ and consequential costs of such carrection .or remaval (including but nat limited ta fees and charges of engineers. architects. attarneys and ather profes- sionals) made necessary thereby. One Year Correction Period: 13.12. If within one year after the date of Substantial Campletian 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 Dacuments or by any specific pravisian .of the Contract Documents. any Wark is found ta be defectil'e, CONTRACTOR shall pramptlY. withaut cost ta OWNER and in accordance with OWNER's written instructians. either carrect such defectil'e Work. .or. if it has been rejected by OWNER. remave it fram the site and replace it with lIondefectil'e Wark. If CONTRACTOR daes nat promptly comply with the terms .of such instructions. or in an emergency where delay wauld cause seriaus risk .of lass or damage, OWN ER may have the defective Work. cor- rected .or the rejected Work remaved and replaced, and all direct. indirect and cansequential casts of such remaval and replacement (including but nat limited to fees and charges .of engineers. architects. attorneys and other professianal;) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in cantinuaus service before Substantial Completion .of all the Work. the correction period for that item may start to run from an earlier date if so pravided in the Specificatians .or by Written Amendment. .-tcceptance of Defective Work: 13.13. If. instead of requiring carrection or removal and replacement of dcfccti\'(' Work. OWNER (and. . prior to ENGINEER's recommendation of final payment. also ENGINEER) prefers to accept It. OWNER may da sa. CON- TRACTOR shall bear all direct. inuirect and consequential 25 I I ccsts attributable to OWNER's evaluation .of and determi- natian ta accept such defective Wark (such casts to be approved by ENGINEER as to reasonableness and to include but n.ot be limited tafees and charges {)f engineers, architects. attcr- neys and ather professianals). If any such acceptance .occurs pricr tc ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revi- sions in the Contract Dacuments with respect to the W.ork; and OWNER shall be entitled tc an appropriate decrease in the Contract Price, and. if the parties are unable ta agree as to the amount therecf. OWNER may make a claim therefar as provided in Article II. If the acceptance occurs after such recommendatian, an apprapriate amaunt will be paid by CONTRACTOR to OWNER. I 1 I I I OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasanable time after written notice of ENGINEER tc proceed to correct and to correct defective Wark .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 tc camply with any .other provisian of the Contract Documents, OWNER may, after seven days' writ- ten notice ta CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiausly. Ta the extent necessary to complete corrective and remedial actian. OWNER may exclude CONTRACTOR fram all or part .of the site, take possession of all .or part of the Wcrk. and suspend CON. TRACTOR's services related thereto, take posses sian of CONTRACTOR's tools, appliances. constructian equipment and machinery at the site and incorparate in the Work all materials and equipment stared at the site or far which OWNER has paid CONTRACTOR but which are stared elsewhere. CONTRACTOR shall allaw OWNER. OWNER's represen- tatives. agents and emplayees such access ta the site as may be necessary to enable OWNER ta exercise the rights and remedies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amaunt approved as ta reasonableness by ENGINEER. and a Change Order will be issued incorparating the necessary revisions in the Cantract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Ccntract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefar as pravided in Article 11. Such direct, indirect and consequen- tial casts will include but nat be limited to fees and charges of engineers. architects, attorneys and other professionals. all caurt and arbitration costs and all costs .of repair and replacement of work of others destrayed or damaged by correction. removal or replacement of CONTRACTOR's defective Wark. CONTRACTOR shall not be allawed an extensian of the Cantract Time because of any delay in per- formance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. I I I I I I I 1 I I I I ARTICLE I4-PA YMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as pravided in paragi'aph 2.9 will serve as the basis far progress payments and will be incorporated inta a farm .of Applicatian far Pay. ment acceptable to ENGINEER. Prcgress payments on account .of Unit Price Wark will be based an the number .of units completed. Application for Progress Paymenl: 14.2. At least twenty days befare each pragress payment is scheduled (but nat more often than .once a month). CON- TRACTOR shall submit ta ENGINEER far review an Appli- catian for Payment tilled out and signed by CONTRACTOR cavering the Wark campleted as .of the date .of the Applicatian and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested an the basis .of materials and equipment nat incorparated in the Work but delivered and suitably stared at the site or at another locatian agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale. invaice .or other dacumentation warranting that OWNER has received' the materials and equipment free and clear .of an 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 apprapriate prcperty insurance and other arrangements ta pratect OWNER's interest therein, all of which will be sat- isfactory ta OWNER. The amaunt .of retainage with respect ta progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title ta all Work, materials and equipment covered by any Appli- catian far Payment. whether incarparated in the Praject .or not, will pass tc OWNER nc later than the time .of payment free and clear of all Liens. Revrew of Applications for Progress Paymenl: 1404. ENGINEER will, within ten days after receipt of each Applicatian for Payment, either indicate in writing a recammendation .of payment and present the Application tc OWNER, .or return the Application ta CONTRACTOR indi- cating in writing ENGINEER's reasons far refusing to rec- ommend payment. In the latter case. CONTRACTOR may make the necessary correctians and resubmit the Applica- tion. Ten days after presentation of the Application far Pay- ment with ENGINEER's recommendatian. the amount rec- ommended will (subject to the pravisions .of the last sentence .of paragraph 14.7) become due and when due will be paid by OWNER tc CONTRACTOR. 14.5. ENGINEER's recammendatian of any payment requested in an Application far Payment will constitute a 26 I 1 representatian by ENGINEER ta OWNER. based on ENGI- NEER's an-site observations .of the Work in pragress as an experienced and qualified'design prafessianal and an ENGI- NEER's review Of the Applicatian for Payment and the accompanying data and schedules that the Work has pro- gressed ta the point indicated: thaI. ta the best of ENGI- NEER's knawledge. infarmation and belief. the quality of the Work is in accordance with the Cantract Documents (subject to an evaluation of the Work as a functioning whole prior ta or upon Substantial Completian. to the results .of any .subsequent tests called for in the Contract Documents. ta a final determination .of quantities and classifications far Unit Price Work under paragraph 9.10. and ta any ather qualifi- catians stated in the recommendationl: and that CONTRAC- TOR is entitled to payment of the amaunt recommended. However. by recommending any such payment ENGINEER will not thereby be deemed ta have represented that exhaus- tive or continuous on-site inspections have been made to check the quality or the quantity of the Wark beyand the respansibilities specifically assigned ta 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 withhald payment ta CONTRACTOR. I I I I '1 I I 14.6. ENGINE~R's recommendation .of final payment will constitute an additional representatian by ENGINEER to OWNER that the conditians precedent to CONTRAC- TOR's being entitled ta final payment as set farth in paragraph 14.13 have been fulfilled. I I 14.7. ENGINEER may refuse to recammend the whole .or any part .of any payment if. in ENGINEER's opinian. it would be incorrect to make such representations ta OWNER. ENGINEER may alsa refuse ta recammend any such pay- ment. .or, because .of subsequently discavered evidence or the results of subsequent inspections orrests. nullify any such payment previously recammended. ta such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 1 I 14.7.1. the Wark is defective, or completed Work has been damage~ requiring correctian .or replacement. I 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order. I 14.7.3. OWNER has been required ta carrect defee- ti\'e Wark or camplete Work in accordance with paragraph 13.14. or I 14.7.4. of ENGINEER's actual knowledge .of the occurrence of any of the events enumerated in paragraphs 15.~.1 thraugh 15.2.9 inclusive. I OWNER may refuse to make payment of the full amount recommended by ENGIN EER because claims have been made against OWNER on account of CONTRACTOR's per- formance or furnishing of the Work or Liens have been fibl in connection with the Work or there are other items entitling I I OWNER ta a set-aff against the amaunt recammended. but OWNER must give CONTRACTOR immediate written natice (with a copy ta ENGINEER) stating the reasons for such actian. Substantial Completion: 14.8. When CONTRACTOR can siders the entire Work ready for its intended use CONTRACTOR shall natify OWNER and ENGINEER in writing that the entire Wark is substantially complete (except for items specifically listed by CONTRACTOR as incamplete) and request that ENGI- NEER issue a certificate .of Substantial Completian. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspectian .of the Wark ta deter- mine the status .of completion. If ENGIN EER daes not can- sider the Wark substantially camplete, ENGINEER will notify CONTRACTOR in writing giving the reasans therefor. If ENGINEER cansiders the Wark substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Campletion. There shall be attached ta the certificate a tentative list .of items to be campleted .or cor- rected befare final payment. OWNER shall have seven days after receipt of the tentative certificate during which ta make written objection ta ENGINEER as toany pravisians .of the certificate or attached list. If, after cansidering such objec- tions. ENGINEER concludes that the Work is not substan- tially camplete. ENGINEER will within faurteen days after submissian of the tentative certificate ta OWNER natify CONTRACTOR in writing. stating the reasons therefar. If. after cansideration of OWNER's objections. ENGINEER cans.iders the Wark substantially complete. ENGINEER will within said faurteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Campletian (with a revised tentative list .of items ta be cam- pleted .or carrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after cansider- aticn of any objections from OWNER. At the time of delivery of the tentative certificate of Substar.tial Campletian ENGI- NEER will deliver to OWNER and CONTRACTOR a written recammendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operatian, safety. maintenance. heat. utilities. insurance and warranties. Unless OWNER and CONTRACTOR agree .otherwise in writing and so inform ENGINEER priar ta ENGINEER's issuing the definitive certificate .of Substantial Campletian. ENGIN EER's afore- said recammendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right ta exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion. but OWNER shall allow CONTRACTOR reasanable access to camplete or correct items on the tentative list. Partial Utili:ation: 14.10. Use by OWNER .of any finished part of the Work. which has specifically been identified in the Contract Do~u- 27 I 1 ments, .or which OWNER. ENGINEER and CONTRAC- TOR agree canstitutes a separately functianing and useable part of the Work that can be used by OWNER withaut sig- nificant interference with CONTRACTOR's perfannance of the remainder of the Work, 'may be accomplished priar tc Substantial Completian of all the Work subject 'to the follow- ing: I I 14.10.1. OWNER at any time may request CON- TRACTOR in writing ta permit OWNER to use any such part .of the Work which OWNER believes tc be ready fcr its intended use and substantially camplete. If CON- TRACTOR agrees, CONTRACTOR will certifyta OWNER and ENGINEER that said part .of the Wark is substantially ccmplete and request ENGINEER ta issue a certificate .of Substantial Completion far that part .of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR ccnsiders any such part .of the Work ready far its intended use and substan- tially complete and request ENGINEER to issue a certif- icate .of Substantial Campletian far that part of the Work. Within a reasonable time after either such request, OWNER. CONTRACTOR and ENGINEER shall make an inspec- tian of that part of the Work to determine its s,atus of completion. If ENGINEER daes nct consider that part of the Wark ta be substantially camplete. ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefar. If ENGINEER considers that part of the Work to be substantially camplete, the pravisions .of para- graphs 14.8 and 14.9 will apply with respect to certificaticn of Substantial Campletion .of that part .of the Work and the divisian of responsibility in respect thereof and access thereta. I 1 I 1 I I I 14.10.2. OWNER may at any time request CON- TRACTOR in writing to permit OWNER to take aver aperatian of any such part of the Wark althaugh it is nat substantially complete. A capy .of such request will be sent to ENGINEER and within a reasanable time there- after OWNER, CONTRACTOR and ENGINEER shall make an inspectian .of that part .of the Wark ta determine its status of campletion and will prepare a list .of the items remaining tc be completed or ccrrected therecn before final payment. If CONTRACTOR daes nat abject in writ- ing to OWNER and ENGINEER that such part .of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items ta be campleted .or corrected and will deliver such list ta OWNER and CONTRACTOR tagether 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 far that part of the Wark which will become binding upan OWNER and CON- TRACTOR at the time when OWNER takes aver such operatian (unless they shall have .otherwise agreed in writ- ing and sa informed ENGINEER). During such operation and prior to Substantial Campletian of such part of the Wark, OWNER shall allaw CONTRACTOR reasanable access to complete or carrect items an said list and to complete ather related Wark. I I I I I I I I 14.10.3. Na .occupancy .or separate operatian .of part afthe'Work will be acccmplished priar ta compliance with the requirements of paragraph 5.15 in respect .of praperty insurance. Final Inspection: 14.11. Upan written notice from CONTRACTOR that the entire Work or an agreed portian thereaf 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 Wark is incamplete .or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rectians ta the satisfactian .of ENGINEER and delivered all maintenance and operating instructions. schedules. guaran- tees, Bands. certificates of inspection. marked-up recard documents (as provided in paragraph 6.19) and ather dacu- ments-a11 as required by the Can tract Documents. and after ENGINEER has indicated that the Wark is acceptable (sub- ject to the pravisions of paragraph 14.16), CONTRACTOR may make applicatian far final payment fallawing the pro- cedure for progress payments. The final Applicatian far Pay- ment shall be accompanied by all dacumentation called for in the Contract Documents, tcgether with complete and legally effective releases or waivers (satisfactary ta OWNER) of all Liens arising aut .of or filed in cannection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish receipts or releases in full: an affidavit .of CON- TRACTOR that the releases and receipts include alllabar. services. material and equipment for which a Lien could be filed. and that all payralls. material and equipment bills, and .other indebtedness cannected with the Wark for which OWNER .or OWNER' s praperty might in any way be respan- sible, have been paid .or otherwise satisfied: and cansent .of the surety, if any, to final payment. If any Subcantractor .or Supplier fails to furnish a release or receipt in full, CON- TRACTOR may furnish a Bond .or ather callateral satisfac- tary to OWNER ta indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If. on the basis of ENGINEER's observation of the Work during construction and final inspectian, and ENGINEER's review .of the final Applicatian far Payment and accampanying documentatian-all as required by the Cantract Dacuments, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Cantract Dacuments have been fulfilled, ENGI- NEER will. within ten days after receipt of the final Appli- catico for Payment. indicate in writing ENGINEER's rec- ammendatian of payment and present the Application to OWNER for payment. Thereupan ENGINEER will give written notice ta OWNER and CONTRACTOR that the Work is acceptable subject to the provisions .of paragraph 14.16. 28 I I I I I I I 1 I I I I I I I I I I 1 Otherwise, ENGINEER will return the Applicatian ta CON- TRACTOR, indicating in writing the reasans far refusing ta recommend final payment, in which case CONTRACTOR shaH make the necessary correctians and resubmit the Appli- catian. Thirty days after presentatian ta OWNER of the Applicaticn and accompanying documentation. in appropri- ate form and substance. and with ENGINEER's recommen- dation and notice .of acceptability. the amount recommended by ENGIN EER will became due and will be paid by OWNER to CONTRACTOR. 14.14. If. through na fault .of CONTRACTOR, final cam- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall. upon receipt of CON- TRACTOR's final Applicatian for Payment and recommen- datian of ENGINEER. and withaut terminating the Agree- ment. make payment .of the balance due far that partion of the Work fully completed and accepted. If the remaining balance ta be held by OWNER far Wark nat 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 far that portion .of the Wark 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 canditians g9v- erning final payment, except that it shall not canstitute a waiver .of claims. Contractors Continuing Obligation: 14.15. CONTRACTOR's abligatian to perform and ccm- plete the Wark in accordance with the Cantract Dacuments shall be absolute. Neither recammendation of any progress or final payment by ENGINEER. nor the issuance .of a cer. tificate .of Substantial Campleticn. nor any payment by OWNER to CONTRACTOR under the Cantract Documents. nor any use .or occupancy .of the Work or any part thereaf by OWNER. nor any act of acceptance by OWNER nar any failure to do sa. nar any review and appraval of a Shop Drawing .or sample submissian. nar the issuance of a natice of acceptability by ENGINEER pursuant to paragraph 14.13. nor any correction .of defectil'e Wark by OWNER will con- stitute an acceptance of Work not in accardance with the Contract Dacuments or a release .of CONTRACTO R' s obli- gation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16l. Wai~'er of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR. except claims arising from unsettleLl Liens. from dl!fl!('ti\'L' Work appearing after tinal inspec- tion pursuant to paragraph 14.11 or from failure tll comply with the Contract Documents or the terms of any special guarantees specifieLltherein: howevt:r. it will not consti- tute a waiver hy OWN ER of any rights in resp~ct llf CONTRACTOR's cantinuing obligatians under the Con- tract Dacuments; and 14.16.2. a waiver of all. claims by CONTRACTOR against OWNER ather than those previausly made in writ- ing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may. at any time and withaut cause. sus- pend the Wark or any portian thereaffar a period .of not more than ninety days by nctice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work an the date so fixed. CONTRACTOR shall beallawed an increase in the Contract Price .or an extension of the Contract Time. or both. directly attributable to any suspensian if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. Owner May Terminate: 15.2. Upan the .occurrence of any .one .or mare .of the follawing events: 15.2.1. if CONTRACTOR commences a valuntary case under any chapter .of the Bankruptcy Code (Title II. United States Code), as naw or hereafter in effect. .or if CON- TRACTOR takes any equivalent or similar action by filing a petitian or .otherwise under any ather federal .or state law in effect at such time relating ta the bankruptcy or insalvency: 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as naw or hereafter in effect at the time of filing. or if a petitian 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. whase appointment or autharity to take charge .of property of CONTRACTOR is far the purpase .of enfarcing a Lien against such property or for the purpase .of general administration of such property 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 perfarm the Work in accordance with the Contract Dacuments 29 I I (including. but not limited ta, failure to supply sufficient skilled warkers .or suitable materials or equipment or failure to adhere ta. the progress schedule established under paragraph 2.9 as revised from time ta time): I I 15.2.7. if CONTRACTOR disregards Laws .or Regu- latians .of any public body havingjurisdictian: 15.2.8. if CONTRACTOR disregards the autharity of ENGINEER; or I 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments: I OWNER may, after giving CONTRACTOR (and the surety, if there be .one) seven days' written natice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possessian .of the Work and of all CONTRACTOR's tools, appliances. canstructian equipment and machinery at the site and use the same to the full extent they cauld be used by CONTRACTOR (withcut liability to CONTRACTOR for trespass or conversian), incarporate in the Work all materials and equipment stared at the site .or far which OWNER has paid CONTRACTOR but which are stored elsewhere. and finish the Wark as OWNER may deem expedient. In such case CONTRACTOR shall nat be entitled ta receive any further payment until the Wark is finished. If the unpaid balance of the Contract Price exceeds the direct. indirect and consequential costs of completing the Work (including but nat limited ta fees and charges of engineers, architects, attar- neys and ather professianals and court and arbitratian casts) such excess ~ill be paid ta CONTRACTOR. If such casts exceed such unpaid balance, CONTRACTOR shall pay the difference ta OWNER. Such casts incurred by OWNER will be appraved as to reascnableness by ENGINEER and incar- porated in a Change Order. but when exercising any rights or remedies under this paragraph OWNER shall nat be required to obtain the lowest price for the Work performed. 1 I 1 1 I 1 I I I I' 15.3. Where CONTRACTOR's services have been sa terminated by OWNER. the termination will nat affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention .or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 1504. Upcn seven days' written notice ta CONTRAC- TOR and ENGINEER. OWNER may. withaut cause and withaut prejudice ta any other right .or remedy, elect to aban- don the Work and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Wark executed and any expense sustained plus reasonable terminatian expenses, which will include. but nat be limited to, direct. indirect and can- sequential costs (including, but nat limited to. fees and charges of engineers. architects, attcrneys and other prafessionals and court and arbitratian casts). Contractor May Stop Work or Terminate: 15.5. If, thraugh na act .or fault of CONTRACTOR, the Wark is suspended for a pericd .of more than ninety days by OWNER or under an order of caurt or other public authority. or ENGINEER fails to act on any Applicatian for Payment within thirty days after it is submitted, or OWNER fails far thirty days tc pay CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR may. upon seven days' written natice ta 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 ta act on an Appli- cation far Payment or OWNER has failed to make any pay- ment as aforesaid, CONTRACTOR may upan seven days' written natice to OWNER and ENGINEER stop the Work until payment of all amaunts then due. The prcvisions of this paragraph shall not relieve CONTRACTOR .of the abligatians under paragraph 6.29 ta carry an the Wark in accardance with the progress schedule and withaut delay during disputes and disagreemeilts with OWNER. . [The remainder of this page was left blank intentionally.J I I I 30 1 I 1 I I I I I I I 1 I I I I I I I I ARTICLE 16--ARBITRATION 16.1 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu- . ments or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. (The remainder of this page was left blank intentionally.) 31 I I I I I I I I I I I 1 I I I I I I I (This page was left blank intentionally.) 32 I I ARTICLE 17-MISCELLANEOUS 'I Giving Notice: 17.1. '!Vhenever any pravlslan .of the Contract Dacu- ments requires the giving of written natice. it will be deemed to have been validly given if delivered in persan ta the indi- vidual .or ta a member .of the firm .or to an .officer .of the carparatian far whom it is intended, .or if delivered at .or sent by registered or certified mail. postage prepaid. to the last business address knawn to the giver of the notice. I I Computation of Time: 17.2.1. When any periad .of time is referred ta in the Cantract Documents by days, it will be computed ta exclude the first and include the last day .of such periad. 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 Cram the camputa- tian. I. I 1 17.2.2. A calendar day aftwenty-faur haurs measured from midnight ta the next midnight shall canstitute a day. General: I 17.3. Should OWNER .or CONTRACTOR suffer injury .or damage to persan or property because .of any error, omis- I I 1 ,I I I I I I I sian .or act .of the ather party .or .of any .of the ather party's employees .or agents or others for whase acts the other party is legally liable. claim will be made in writing ta the ather party within a reasanable time of the first .observance .of such injury .or damage. The pravisions .of this paragraph 17.3 shall oat. be construed as a substitute far .or a waiver .of the pra- visians .of any applicable statute .of limitations or repose. 17.4. The duties and obligatians impased by these Gen- eral Conditians and the rights and remedies available here- under to the parties hereta, and, in particular but withaut Iimitatian. the warranties, guarantees and obligatians imposed upan CONTRACTOR by paragraphs 6.30.13.1,13.12.13.14. 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in additian to. and are not to be construed in any way as a Iimitatian of. any rights and remedies available tc any .or all .of them which are .otherwise impased .or available by Laws .or Regulations, by special warranty .or guarantee or by other provisians of the Cantract Documents, and the pravisians .of this paragraph will be as effective as if repeated specifically in the Cantract Dacuments in connectian with each particular duty. .obliga- tion, right and remedy ta which they apply. All representa- tions. warranties and guarantees made in the Contract Doc- uments will survive final payment and terminatian .or cam- pletion .of the Agreement. 33 I I I 1 I I 1 I I I I I I I I I I I I SUPPLEMENTARY CONDITIONS 1.1 OWNER'S LIABILITY & PROPERTY INSURANCE: Section 5.5,5.6,5,7,5.8,5.9,5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by Augusta- Richmond Country for this project. Current insurance coverages will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY: As indicated under Section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit ofliability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. The contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.3 SPECIAL HAZARDS: The contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Augusta-Richmond County Road System. (b ) Work within easements granted by property Owners in connection with the construction of the project. ( c) Work in close proximity to existing water lines, telephone lines, gas lines, other utilities and private strUctures contiguous to the job site SC-l I I I I I I 1 I I I I I I I I I I I D 1.5 1.6 1.7 1.8 1.9 1.4 TESTING LABORATORY: All testing and laboratory work in connection therewith shall be performed by an independent firm and paid for by the contractor. Copies of all test reports shall be forwarded to Augusta-Richmond County Public Works. There will be no separate payment for this work. SURVEYS: The Contractor will provide surveying for construction staking, horizontal control and vertical control as necessary. PROGRESS PAYMENT: Section 14.2 of the General Conditions shall be amended as follows: The Contractor may submit monthly estimate for work Completed and materials properly stored as approved By the Engineer. When an estimate includes materials stored, a bill of sale, invoice or other documentation warranting that the Owner is receiving the material free and clear of all liens, charges, security interest and of all liens, charges, security interest and other encumbrances shall be attached to the payment request. ENGINEER: All references to "Engineer" shall be interpreted to mean the Augusta Richmond County Public Works Director, or his official designee. 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. SAFETY: (Reference 6.20) The Contractor shall use certified flagmen, barricades and signs as necessary to notify the public, in particular, those persons driving in the vicinity of the project, of the construction and its affect on traffic. SC-2 I ~. ~ ~ , ~ , ~ ~ ~ ., ~ ~ --< ,I , ~ -' ~ -. ~ ...., ~ ,.,. ~ ::i ~ .. " -: I' ...... - Date: Gentlemen: In compliance with yoqr invitation for bids dated 5/.31 , 20 ~, the undersigned hereby proposed to furnish a1llabor, equipment,' and materials, and to perform all work for the installation of drainage improvements referred to herein as: AUGUSTA CORPORATE ~ARK Project Number: 323-06-296050020 In strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid chedule attached hereto and to~!Z: I f (/ V V- nl/ A.M.. 7t" ~ -th r--e e -tAou Sa..AJ cJ Sf X 17 LINd DOLLARS ($ 4 33, ~~O, -f.1- ) , I ' The undersigned hereby agrees .that, upon Vvntten acceptance ofthis bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the OWN.t:.R, and that he will provide the bond or guarantees required by the Conn-act Documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work immediately after the date of Vvnrten Notice to Proceed, and that he will complete the work within 175 calendar days. The undersigned acknowledges receipt of the following addenda: A)". / 5"/31)/~C/)a' . { I ~~ectful~ submitted /::J -:T /7/nt6'II'S' /:f~tJ7"~f V,v'!7"'N. Cd -//V'c. (Name ofFirn:D 92~J?t~~AJJ:J If{~ ~~ Ct. '309a/ (Business Address)' , By: /~~~~~--C Title: .~~...~ . P-l ::l I. . \. I I II II , II II II 'I -- II II II , 11 , I I ..~-'" AUGUSTA CORPORATE PARK 65~210 EA 2 /50 653-1501 LF 4000 0,40 653-1502 LF 9200 o4tJ 653-1704 30 - ZO.CO 653-3501 3<:-- '0.52 ~O:J 653-6004 230 I' C,6D 653-6006 SY 1500 I Z.CO 668-110C E.A. 7 I 668-1110 LF I 668-2100 EA 4 I 6::8-4300 EA I 668-4311 LF I "670-1120 LF 950 I 670-2120 E.A. 670-3149 EA 670-4000 EA 700-5000 I GRASSING COMPLETE 13.0 ACRES +/- LS 1 LANDSCAPING COMPLETE (INCL. "'702.9999 SPRINKLER SYSTEM) LS TOTAL CONTRACT / . 'LUMP SUM CONSTRUCTION INCLUDES BUT IS NOT"L1MITED TO: CONSTRUCTION LAYOUT; LOCATING. MAINTAINING, AND RESTORING BORROW AND/OR WASTE PITS; CLS.l,RING GRUBSING: ALL REMOVALS AND/OR RELOCATIONS AND ANY OTHER WORK NOT COVERED BY A SPECIFIC PAY ITEM. -WATER MAIN CONSTRUCTION INCLUDES BUT IS NOT LIMITED TO: PLUGS, TEES, BENDS AND OTHER NECESSARY APPURTENANCES. . -LANDSCAPING INCLUDES BUT IS NOT LIMITED TO: ALL PLANTS, TREES, MULCH, COMPLETE IRRIGATION SYSTEM, PLANTING. FERTILIZER & SOIL PREPARATION. P-3 1 I I I I 1 1 I 1 I I 1 I I I I I I I AUGUSTA CORPORATE PARK 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. AGGREGATE SURF ACE COURSE: The item aggregate surface course is for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, Section 318, Georgia Standard Specifications, is modified to permit truck dumping on unprepared and muddy subgrade. Section 318 is further modified to permit the use of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the following materials. Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type 1 or 2 Crushed Stone Subsection 815.01 Subsection 800.01 Section 803 Subsection 806.02 All materials to be used as directed by the Engineer. AS-BUILT PLANS: The Contractor shall furnish a legible set of "as-built" plans, in good condition, to the Project Inspector no later than the date of the Final Inspection. Such plans shall have all significant changes marked in red. The Project Inspector shall review the marked plans for accuracy, legibility and completeness. As-built plans, approved by the Project Inspector, must have the Inspector's signature on the cover sheet. No "as-built" plans will be accepted without the approval of the Project Inspector. CASINGS: All steel casings being installed across any roadway and/or right-of-way shall have the joints continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when welds are ready for inspection. Welded casings backfilled without the Engineer's approval shall be uncovered for inspection at the Engineer's request. G-1 I I I I I 1 I I I I I 1 I 1 I I I 1 1 COMPACTION: All compaction shall be as defmed 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 the Engineer. CONCRETE: The Contractor shall have a slump cone on the project at all times when concrete is being placed. He shall, in the Engineer's presence, perform slump tests as directed by the Engineer. Tests shall be performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 1bs. Cement per cubic yard. Class "B" concrete shall have a minimum of 470 lbs. Cement per cubic yard. Concrete not meeting these requirements will be rejected by the Engineer. CONSTRUCTION: At locations where new pavement is to be placed adjacent to existing pavement without an overlay or where curbing is to be placed across paved parking lots, a joint shall be sawed on a line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will be paid for under the pay item-Sawed Joints. . . Per Linear Foot. 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 Section 160 of the Standard Specifications. The Contractor's attention is directed to subsection 107.23 of the Specifications. All storm drain pipe, side drain pipe, pipe culvert wingwalls, steps, retaining walls, curbs and gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as a removal pay item will be removed as Clearing and Grubbing, Grading Complete, Grading Per Mile or Lump Sum Construction. G-2 I 1 1 I I I 1 I I I I 1 I 1 1 I I I I All miscellaneous construction details shall be III accordance with Georgia Standard 9031-H. CONSTRUCTION LAYOUT: Construction layout work shall be performed by the Contractor. See Section 149 of the Standard Specifications. The survey for this project was by SOUTHERN PARTNERS (706)855-6000 CONSTRUCTION SCHEDULE: The Contractor shall prepare a schedule identifying the primary construction activities and/or phases for constructing this project. This schedule shall be presented at the Pre-Construction Conference. DESIGN ALTERATIONS: The Commission-Council recognizes that various changes in design may be made as the project progresses. Any requests for additional payment will be processed based on actual work in place and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced separately and no work shall be done on these items until approved, in writing, by the Engineer. DRIVEWAYS: All driveways are to be paved to the right-of-way line with Asphaltic Concrete. Ingress and egress shall be maintained at all times to adjacent properties, unless otherwise noted in the plans. Ingress and egress shall be maintained at all times to adjacent properties, unless otherwise noted in the plans. All valley gutter drives shall conform to Standard 6050 or 9031-J. DRIVEWAY GRADES: Driveway grades on this project will be critical. The Contractor is to make every effort to modify driveway grades as per Georgia Standard 6050 to provide desirable grades which will not cause vehicle dra~. ENGINEER: In all contract documents, specifications, supporting documents, etc., the term "ENGINEER" means, and shall be deemed to mean, the Augusta-Richmond County Public Works Director or his designated representative. G-3 I I I I I I 1 :1 I I I I I I I I I I I EROSION AND SEDIMENT CONTROL: The Contractor shall be responsible for all soil erosion and sediment control practices. All on-site erosion control shall comply with local Augusta Richmond County erosion and sediment control ordinances. The cost ofthis work shall be included in the cost ofthe project unless shown as a separate pay item. EXCESS MATERIAL: All excess material is to be disposed of as directed by the Engineer or as noted in Subsection 107.23 of the Specifications and in accordance with page PP A -1. 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 ofthe training from a Department approved training program. Failure to provide certified Flaggers as required above shall be reason for the Engineer suspending work involving the Flagger(s) until the Contractor provides the certified Flagger(s). Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket, and shall use a Stop/slow paddle meeting the requirements of Section 6F-2 of the MUTCD for controlling traffic. The Stop/slow paddle shall have a shaft length of seven (7) feet minimum. In addition to the stop/slow paddle, a flagger may use a 24 inch square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. Signs for Plagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTCD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the presence of the flagger shall be placed beyond the point where traffic can reasonably be expected to stop under the most severe conditions for that day's work. G-4 1 1 1 I I I I 1 I I I I I I I I I I I FOUNDATION BACKFILL MA TERlAL, TYPE I: . Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207 ofthe Standard Specifications. No separate payment will be made for this material or its placement. FOUNDATION BACKFILL MATERIAL, TYPE II: Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured for payment in accordance with Georgia Standard 1030-D or as directed by the Engineer. Payment shall be per cubic yard unless otherwise specified in the contract. GRADES: With the approval of the Engineer, grades may be field adjusted to provide for best drainage. GRADING: In contracts where grading, including excavation for drainage structures, is accomplished under Section 210 (Grading Complete or Grading Per Mile) or Section 230 (Lump Sum Construction), the Lump Sum amount bid will include all work necessary to obtain the line, grade and compaction in accordance with the Specifications and other contract documents. There will be no separate payment for any work of this nature including borrow and the removal of unsuitable and/or unstable material. However, the Contractor shall make whatever investigations he deems necessary to determine the extent of any borrow or removal necessary to meet contract requirements. If it develops that removal of unsuitable/unstable materials quantities could not have been predicted by the contractor from a reasonably thorough investigation of project conditions, the Contractor may request negotiation for payment for excavation of this nature in areas where the depth exceeds three (3) feet below subgrade. The Owner will consider negotiation only when this type of removal is excessive and the Contractor provides evidence that he thoroughly investigated project conditions prior to entering his bid. Only those quantit6ies in excess of three (3) below finished subgrade and/or normal excavation for drainage structures, ordered by the Engineer, will be considered for payment. GRASSING AND EROSION CONTROL: The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to determine the actual area to be grassed. No claims will be considered for extra compensation if the contractor relies on plan information to prepare his bid. G-5 I 1 I I I I I 1 1 I I I I I I I I o D All slope areas are to be grassed unless shown otherwise on plans. Temporary grass is required if permanent grass season is out. The Contractor shall be responsible for all soil erosion and sediment control measures. All on-site erosion control shall comply with local erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre-existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. 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. INFESTATION: The entire project is considered to be within the limits of an insect infested area. The contractor's attention is called to the following sections of the Standard Specifications: (A) 155 Insect control (B) 893 Miscellaneous Planting Materials. INSPECTIONS: This project will be inspected by the Engineer or his Representative. LANDSCAPING: All the requirements of Section 702 of the Georgia Department of Transportation Specifications, current edition, are applicable to this project except as follows: there will be no separate pay for staking, including Perimeter Staking and for Spring Application of Fertilizer. All costs shall be included I prices bid for Landscape Items. Bag grown plants are not acceptable. G-6 I I I I I I 1 1 I I I I I I I I I I I MISCELLANEOUS DRAINAGE STRUCTURES: All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, -Drain Inlets, special Inlets, etc., . whether standard or special design shall be paid for Per Each. There will be no separate payment for additional depth unless specifically shown as a pay item. NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with concrete topslabs shall include manhole rings and covers. PATCHING AND REPAIR OF MINOR DEFECTS: Where necessary, the contractor is required to patch and repair existing potholes, minor pavement defects and base failures in accordance with the Specifications. PAYMENT FOR PIPE CULVERT INSTALLATION: 1. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. 2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete (See Georgia Standard 9031-L). 3. Payment for pipe culvert includes any required Concrete collars (See Georgia Standard 9031-U). 4. All storm drain and longitudinal pipe shall include O-ring gaskets. PIPE CULVERTS: Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete. All required pipe culverts shall be in accordance with Standard 1030-D. Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate pay item will be made for this material or its placement. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete and for constructing concrete collars. The contractor shall include in his price bid for pipe, the additional cost of bends, tees, fasteners, appropriate gaskets (see Section 848 ofthe Standard Specifications), and structure excavation. G-7 I I I I I 1 I 1 I I I 1 I 1 I I 1 I I PRECAST CONCRETE UNITS: Precast Concrete Units, other than those specifically allowed by Georgia Department of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc., shall not be installed without written permission from the Engineer. Any such units installed without such written permission shall be removed from the project. PROPERTY CORNERS AND MARKERS: All right-of-way markers where required shall conform to Standard 9003. Right- of-way markers shall be flush with the finished ground-line when so directed by the Engineer. 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 made for this work except when shown as a separate pay item. RIGHT-OF-WAY AND EASEMENTS: The Contractor shall not perform any work outside the limits of the right-of-way or easements. In addition, no Equipment or material shall be placed outside these areas without written permission of both the property owner and the Engineer. In the event that the Contractor elects to utilize private property for any purpose connected with the project, such as but not limited to, staging areas, equipment and/or material storage or simply as a convenience, he shall submit a written agreement to the Engineer containing vital information such as limits of both area and time the property is to be utilized and a description of the intended use. The agreement must be signed by both the property owner and the Contractor and will be reviewed and recorded by the Engineer. Such agreements must be submitted prior to the contractor's use of the property. SAW CUTS: When matching existing conditions, saw cuts shall be used as required by Augusta-Richmond County. Only saw cuts in Portland Cement Concrete which are shown as contract pay items will be paid for separately. No saw cuts in asphaltic concrete will be paid for separately, G-8 I I 1 I I I I I I 1 I 1 I I I I 1 I I 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. SPECIFICATIONS: This project is based upon, and shall be constructed in accordance with, the State of Georgia Department of Transportation Standard specifications for Construction of Roads and Bridges, current edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the Engineer shall control the situation. SPECIFICATIONS, STANDARDS AND OTHER DATA: All references in this document, (includes all papers, writings, documents, drawings, or photographs used or to be used in connection with this document), to State Highway of Georgia, State Highway Department, Highway Department, or Department when the context thereof means the Georgia Department of Transportation means, and shall be deemed to mean, Augusta-Richmond County, Augusta-Richmond County Commission-Council Department of Engineering Services. The data, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, are not guaranteed, and do not bind Augusta-Richmond County, Georgia in any way. Only the actual quantities completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract. This project is based on and shall be constructed in accordance with the State of Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, current edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the Engineer shall control the situation. G-9 I I I I I 1 I I I I I I I I I I I I I This project shall be constructed in accordance with current Georgia Department of Transportation Roadway Standards and Construction Details. STORM DRAIN PIPE: Unless otherwise note, 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 of all firms he proposes to use as Subcontractors in the work. This information should be furnished at the Preconstruction conference. However, no work shall be done on this project by a Subcontractor until the Contractor receives written approval of his Subcontractor(s) from the Engineer. The Engineer shall notify the Contractor in writing within 10 calendar days whether or not approval of the Subcontractor(s) is granted. NOTE: All submissions shall include the following information for each Subcontractor: 1) Name of Subcontracting Firm 2) Description of Work To Be Done 3) Contact Person's Name and Phone Number Copies of all submissions shall be submitted to: Ms. Brenda Byrd-Pelaez Room 211 Municipal Building 530 Greene Street Augusta, Georgia 30911 TESTING OF THE WORK: The Contractor shall employ a qualified materials testing laboratory to monitor more fully the quality of materials and work and to perform such tests as may be required under the contract documents as conditions for acceptance of materials and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF THE WORK. G-I0 1 I I I I 1 I I I I I 1 I I I I I I I Concrete compressive strength tests are required on this project (see Section 500 of the Georgia Department of Transportation Specifications). Other tests may be required where necessary. All test results are to be submitted to the Engineer. No separate payment will be made for employing the testing laboratory or any required tests. On projects that include asphaltic concrete, cores shall be cut in the asphaltic concrete at random locations, selected by the Engineer, to verify thicknesses. A minimum of three (3) cores per mile or three (3) cores per project, whichever is greater, shall be cut by the Contractor. If all thicknesses are satisfactory, in accordance with Section 400 of the Department of Transportation specifications, no further cores will be required. If cores indicate an unsatisfactory thickness, additional cores, as determined by the Engineer and at locations of the Engineer's choosing, shall be cut to determine the extent of the unsatisfactory thickness. Corrections as shown in Section 400 of the Department of Transportation Specifications shall be made where required. There will be no separate payment for cutting cores, filling core holes, or corrective work. Payment shall be included in the price bid for asphaltic concrete items or in the overall bid price of the contract. TEST ROLLING: Prior to placing any base course, the 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 107.09 of the Standard Specifications regarding barricades, danger, warning, and detour signs. All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction 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. All traffic signs shown are minimum. Other signs may be required' by the Engineer with payment included under the appropriate items. All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and specifications. G-ll I I I I 1 I I I I I I I I I I I I I I In accordance with Section 150 of the Standard Specifications and it's Supplement, the Contractor shall file for approval a detour plan of operation for this project. This plan shall include details of staging .and rerouting of traffic including estimated length oftime for use ofthe detours. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic upon and along the highway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. TRAFFIC CONTROL DEVICES: The Contractor shall provide all temporary traffic control devices needed to safely direct traffic through the construction area. All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and Specifications. THE FOLLOWING UTILITY COMP ANTES SHALL BE.NOTIFIED BEFORE WORK BEGINS: Georgia Power Company Post Office Box 488 Augusta, Georgia 30904 Telephone (706) 724-0892 Attention: Parker Land Georgia Natural Gas Co Post Office Box 1426 Augusta, Georgia 30913 Telephone (706) 722-7791 Bell South 3841 Wrightsboro Road Augusta, Georgia 30909 Telephone (706) 828-8500 Attention: Bert Neese ComCast 1424 Monte Sana Avenue Augusta, Georgia 30904 Telephone (706) 736-6515 Attention: Kevin O'Meara Urban Services Water & Sewer 2760 Peach Orchard Road Augusta, Georgia 30906 Telephone (706) 796-5000 Attention: Robin McMillon UTILITIES: All utility facilities which are in conflict with construction, not covered as specified items in the detailed estimate, are to be removed and relocated to clear G-12 I I I I I I I 1 I I I I I I I I I I I construction by the respective owners, unless added later to the contract as a supplemental item. All "above ground" utility structures will be located as near as possible to the right-of-way line. The Contractor will not be paid for 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 highway plans, and not necessarily accurate in location as to plan or elevation. Utility facilities such as service lines or unknown facilities not shown on the plans will not relieve the Contractor of his responsibility under this requirement except as noted below. "Existing Utility Facilities" means any utility facility that exists on the highway project in its original, relocated or newly installed position. Other than service lines from street mains to the abutting property the contractor will not be held responsible for the cost of repairs to damaged underground utility facilities when such facilities are not shown on the plans and their existence is unknown to the Contractor prior to the damage occurring, providing the Engineer determines the Contractor has otherwise fully complied with the Specifications. The following utility owners have facilities which may conflict with construction ofthis project: NAME OF UTILITY OWNER TYPE OF FACILITY Georgia Power Company Georgia Natural Gas Company ComCast Bellsouth Augusta-Richmond County Water and Sewer Power Gas Cable Telephone Water, Sewer The Contractor shall use the one-call center telephone number 1-800-282-7411 for the purposes of coordinating the marking of underground utilities. The Contractor's attention is directed to the probability of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, omamentallight systems, gas and underground telephone cables that either are obstructions to the execution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature will be handled by the utility owner. G-13 I I I I I I I I I I I I I I I I 1 I I 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. G-14 I I I I I I 1 I 1 I I I I 1 1 1 1 I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL August 28, 1995 First Use: October 20, 1995 Modification of Special Provision Section ISO - Traffic Ccntrcl (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 fcr 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 Acrcss Median · Transition of 4-Lane Divided Highway to 2-Lane Highway · Traffic Ccntrcl General Nctes, Standard Legend, Miscellaneous Details In addition, G20-1, G20-2A, and W20-1 signs shcwn .on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall ccnform to Part VI of the MUTCD, Revision 3, dated September 3, 1993. 150.02 WORK ZONES: Delete "Work Zones" and substitute: Tempcrary Traffic Contrcl Zones. . 150.02. 8.2.: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200 feet in advance of the tempcrary gcre, and 10 feet fcr the first 100 feet .of the tempcrary gcre. 150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written .and add second paragraph. Pcsts fcr 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 pcsitive barrier prctection. Unprotected posts shall meet the breakaway requirements .of the "1985 AASHTO Standard Specificaticns for Structural Supports for Highway Signs, Luminaries and Traffic Signals", Unprotected post splices will nct be permitted any higher than four inches above the grcund line to lessen the passibility of affecting the underCarriage of a vehicle. ISO.03.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION wARNING SIGNS THAT ARE REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF WARNING FT..AGS. Delete first sentence of second paragraph and substitute: Construction warning signs which are mounted at less than seven feet in height (p'ortable .signs) shall have two 18 inch x 18 inch fluorescent red-orange or .orange-red warning flags mounted on each sign. TC-/ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 150.04.E.2.a.2.:Retain C%3 written and add: In lane shift areas skip lines are not allowed. Solid lines are required. '. 150.04. E.2.b.1.: Retain C%3 written and add: In lane shift areas skip lines are not allowed. Solid lines are required. 150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 'and substitute Type 11 (eleven). 150.10 PAYMENT: ItemNp. 641- Delete reference to Type 9 and substitute Type 11 (eleven). SPECIAL PROVISION SECTION 15Q-TRAFFIC CONTROL June 22, 1994 First Use: July 24, 1994 Mcdification of Standard Specifications, 1993 Editicn Retain Section 150 as written and add the following: For this project, all references in the Standard Constructicn Details listed below to Type I Barricades, Type II Barricades, Type "A" flashing-lights and Type'''C'' steady burn lights are deleted, except that Type "C" lights will be required fcr tapers in nighttime lane closures. Standard Construction Details · Typical By-Pass Detour for Two-Lane Highway · Typical Detour Across Median · Transition of 4-Lane Divided Highway to 2-Lane Highway · Traffic Control General Notes, Standard Legend, Miscellaneous Details In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated September 3,1993. Detail "A" as shown on Georgia Standard 4960 is deleted. SPECIAL PROVISION SECTION 15Q-TRAFFIC CONTROL Rev. June 21, 1994 First Use: July 24, 1994 Rev.: August 16, 1994 Mcdification of the Standard Specifications, Current Edition Delete Section 150 as written and substitute the following: 150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTCD shall be considered the Traffic Control Plan. Activities shall consist .of furnishing, installing, maintaining, and removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic control devices and shall include flagging and other meaI1$ for guidance and protection of vehicular and -rc-z I I 1 I I I I I I 1 I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA pedestrian traffic through the Work Zone. This Work shall include both maintaining existing devices (excluding Traffic Signals) and installing additional devices as necessary in construction work zones. When any provisions of this Specification or the Plans do not meet the minimum requirement.9 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 CWTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices in accordance with the Plans, Specifications, Special Provisicns and the MUTCD. This indiVidual's traffic control responsibilities shall have priority over all other assigned duties. . As the representative of the Contractor, the WTCS shall have full authority to act on behalf of the Ccntractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in safe traffic control practices in accordance with Part VI of the MUTCD. In addition to the WTCS all others making decisions regarding traffic control must meet the training requirements of Part VI of the MUTCD. On projects where traffic control duties will not require full time supervision, the Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as satisfactory results are obtained. . The WTCS shall have a copy of the MUTCD on the job site. Copies of current MUTCD may be obtained from: U.S. Government Printing Office Superintendent of Documents Mail Stop: SSOP Washington, D.C. 20402-9328 The WTCS shall be available on a 24-hour basis as needed to maintain traffic contrcl devices with access to all personnel, materials and equipment necessary to respond effectively to an emergency situation within forty-five (45) minutes cfnotificaticn .of the emergency. The WTCS shall supervise the initial installaticn .of traffic control devices which will be reviewed by the Engineer prior to the beginning of constructicn. Modifications to traffic control devices as required by sequence .of .operations or staged construction must be reviewed by the WTCS. The WTCS shall regularly perfcrm inspections to ensure that traffic control is maintained. B. All traffic control devices used during the ccnstruction of a project shall meet the Standards utilized in the MUTCD, and shall comply with the requirements of these Specifications, Project Plans, and Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107,09. C. All reflectorization for construction (black on orange) signs, object markers, and channelization . devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other signs shall meet the requirements of Type I unless otherwise specified. D. No work shall be started .on any project phase until the appropriate traffic control devices have been placed in accordance with. Prcject 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 Ccntractor shall secure the Engineer's approval of the Contractor's proposed plan of operation, sequence of work and methods of providing fcr the safe passage of vehicular and pedestrian traffic before it is placed in operation. The proposed plan of operation should supplement the approved traffic control plan. Any major changes to the approved traffic control plan, proposed by the Contractor, are to be submitted to the Department for approval in accordance with Subsection 104.03 of the Standard Specifications. /c.'-3 I I 1 I 1 I I. I 1 I 1 I I I I I a D D DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Some additional traffic control details will be required prior to ariy major shifts of traffic. The traffic control details shall include, but not be limited to, the following: 1. A detailed drawing showing traffic lccation and laneage for each step of the change. 2. The location, size, and message .of all signs required by the MUTCD, Plans, Special Provisions, and .other signs as required to fit 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. Locaticn, length, and/or spacing .of channelization and protective devices (temporary barrier, guardrail, barricades, etc.) 8. Starting time, duration and date cfplanned change. 9. For each traffic shift, a paving plan, erection plan, or wcrk site plan, as appropriate, detailing workfcrce, materials, and equipment necessary to accomplish the proposed work. This will be the minimum rescurce allccaticn required in .order to start the wcrk. The above details shall be submitted to the Engineer for apprcval at least 14 days prior to the anticipated traffic shift. The Contractor shall have traffic ccntrol details for a traffic shift which has been approved by the Engineer prior to commencement of the physical shift. All preparatory work relative to the traffic shift which does nct interfere with traffic shall be accomplished pricr to the designated starting time. The Engineer and the Contractor's representative will verify that all conditions have been met prior to the Ccntractor .obtaining materials fcr the actual traffic shift. F. Traffic control devices shall be in acceptable condition when first erected .on the prcject and shall be maintained in acccrdance with Subsection 104.05 throughout the ccnstruction period. All unacceptable traffic ccntrol devices shall be replaced within 24 hours. When not in use, all traffic' contra I devices shall be remaved, placed .or cavered so as not to be visible to traffic. If traffic control devices are left in place fcr mcre than ten days after completicn of the Work, the Department shall have the right to remove such devices, claim possession thereof, and deduct the cost of such removal frcm any monies due, .or which may become due, the Contractor. G. The Department reserves the right to restrict construction operations when, in the .opinion of the Engineer, the continuance of the Work would seriously hinder traffic flow on. days immediately before, .on, .or after holidays or .other days in which unusual traffic conditions exist, including threatening or inclement weather. 150.02 WORK ZONES: A In addition to the other prcvisicns ccntained herein, work zone traffic contrcl shall be accomplished using the following means and materials: 1. Portable advance warning signs as r.equired 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" /c-~ I I I I I I 1 I I I I I I I I I I I I .....iL. DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum legibility distance is that distance at which the arrow panel can be comprehended by an observer on a sunny day, .or clear night. Arrow panels shall be equipped with automatic dimming features for use during hours of darkness. The arrow panels shall also meet the requirements as shown in the MUTeD. The sequential or flashing arrow panels shall nct be used for lane closures on two- lane, two-way highways when traffic is restricted to one-lane operations in which case, appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient. 3. Portable changeable message signs meeting the requirements of Section 632 and the MUTeD. 4. Channelization devices meeting the standards of the MUTCD and Subsection 150.05. 5. Precast concrete barrier meeting the requirements of Section 622. 6. Temporary traffic signals meeting the requirements of Section 647. 7. Pavement marking materials complying with Subsecticn 150.04.A. B. LANE CLOSURES: 1. All lane closures shall have prior approval of the Engineer. Lane closures that require same directicn traffic to be split arcund the Work Area will nct be approved for roadways with posted speeds of 35 mph or greater, excluding turn lanes. 2. On multilane highways where traffic has been shifted to the inside lanes for .overnight use, the entrance and exit ramps shall have channelization devices placed on both sides .of the ramp, The temporazy 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 temp crary gore shall be 25 feet. 3. Terminaticn Area: The transition to normal or full width highway at the end of a lane closure shall be a maximum of 150 feet. 4. Tc 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 tempararily suspended for any length .of time or as directed by the Engineer. C. TRAFFIC PACING METHOD: 1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the Ccntractor up to ten (10) minutes maximum to wcrk in or above all lanes .of traffic fcr the following purposes: a. Placing bridge members or other bridge work. b. Placing overhead sign Structures. c. Other work items requiring interrupticn of traffic. The Contractor shall provide a unifcrmed police officer with patrol vehicle and blue flashing light for each direction of pacing, The pclice officer; Engineer, and flaggers at ramps shall be provided with a radio which will prcvide continuous contact with the Contractor. -rc-..:r 1 I I 1 1 1 1 I I I I I I I I I I I U DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA When ready to start the work activity, the police vehicle will pull into the travel lanes and act as a . pilot vehicle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic, with a flagg-er 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 nct 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 ~ 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 "e" letters and border of the size specified. o/c_c I I I I I 1 1 I I 1 I I I I I I I I D DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA .......0 ',' ....I[f ~ ~ ~ ~ ~ ~ 10- ,- 52.' '1 10. ~~@Il~[Q) n.,. ..2. ~5 ~~~~[Q) ~~@~] ..~~~! W 1:...1. :': .L":I- 1m ... 'LlSHllC LICHT CJI lRAIF'IC SIll[ ,. MMeIN ,l~- IClAD[R 3- IUDIUs 53- , t.5- ,- 12- 1Z. SER. -C- 1z. I-Sr[ C I A&. S I GIC (TE~ JIlOST 'CUffED) ,- 12- ,,- SER. -C. SIQt SHALL MAY[ IlAa UC[HI) ANJ lKRCER OM OIUHGE II['LECTDRIZED !ACltCRCl.JfO DETAIL 150-A ,- 12- 12- $[It. .C. ---.. I- . - $[1. .C. ,- D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic unless separated by a positive barrier, or when construction activity necessitates otherwise, and shall not reverse direction except at intersections, interchanges, or approved temporary crossings. E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not interfere with normal traffic operations .or acljacent properties. F. Existing street lighting shall remain lighted as long as practical and until removal is approved by the Engineer. G. Adequate temporary lighting shall be provided at all nighttime work sites where workers will be immediately acljacent to traffic. H. For their .own protection, workers in or ~djacent to traffic during nighttjme operation shall wear reflectorized vests. /'Z!-7 1 I I I I I I I I 1 I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I. The parking of Contractor's and/or workers personal vehicles within the work area or adjacent to traffic is prohibited. J. The Worksite Traffic Control Supervisor (WTCS) shall monitor the work to ensure that all the rocks, boulders, construction debris, stockpiled materials, equipment, tools and .other potential hazards are kept clear of the travelway. These items shall be stored in a location, in so far as practical, where they will not be subject to a vehicle running off the road and striking them. K. All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate changes to existing walkways, temporary walkways shall be provided and maintained, with appropriate signs as necessary, to allow safe passage of pedestrian ~c. 150.03 SIGNS: A. When required for proper traffic control during construction of the project, all existing guide, warning, and regulatory signs shall be 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 nct 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 remcved 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 remcved daily. C. The Contractor shall not remove any existing signs and supports withcut prior approval frcm 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 dccuments. D. Interim guide, warning, .or regulatory signs required to direct traffic shall be furnished, installed, reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special Provisions, .or as directed by the Engineer. These signs shall remain the property .of the Contractor. The bottom .of all interim signs shall be at least seven feet above the level of pavement edge. . E. Existing special guide signs on the Prcject shall be maintained until conditicns require a change in locaticn or legend content. When change is required, existing signs shall be modified and continued in use if' the required modificatian can be made within existing sign borders using design requirements (legend, letter size, spacing, border, etc.) equal to that 'cf the existing signs, or of Subsecticn 150.03.E.5. Differing legend designs shall not be mixed in the same sign. 1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that are designed with a message content (legend) that applies to a particular roadway locaticn. 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~nflicting location which has been approved by the Engineer. 2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new interim special guide signs in accordance with the Plans or as directed by the Engineer. 3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign structures are not required to be lighted unless specifically required by the Plans. 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. -rc- a I I I 1 I I I I I I I I I I I I I n I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 4. The installation of new permarient 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 fcr, existing expressway and freeway (interstate) signs must be designed and fabricated in ccmpliance with the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways" and Part 2F "Guide Signs Freeways" of the MUTCD, except that the minimum size of all letters and numerals in the names of places, streets and highways on all signs shall be 16 inches Series "E" initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48 inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the exit rcad name or route shield shall be placed on the exit gore sign. F. MATERIALS - INTERIM SIGNS: 1. POSTS - Pcsts 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 of the Specifications except that blanks and panels may be ferrous based or .other metal alloys. Type 1 and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardless of the sign type used. Alternative sign blank materials (composites, poly carbonates, fiberglass reinforced plastics, recycled plastics, etc.) shall have a letter .of approval frcm the Office of Materials and Research fcr use as interim ccnstruction signs befcre these materials are allcwed to be inccrporated into the wcrk. 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 ccmpliance with the MUTeD. Limbs, brush, ccnstruction equipment and materials shall be kept clear of the driver's line .of sight to the signs. H. Advance warning. signs shall be placed ahead .of construction in accordance with Part VI .of the MUTeD and shall include a series .of at least three advance road construction CW20-1) signs placed at the termini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET, AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On-ramps and at grade intersecting roadways shall be signed with a minimum of one ROAD WORK AHEAD sign. All construction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mcunted on each including the project constrocticn signs (G20-1 and G20-2A) Project mileage indicated .on the G20-1 sign shall be the actual prcject mileage rounded up to the nearest whole mile. All constructicn warning signs on divided highways shall be dcuble indicated (i.e., on the left and right sides of the roadway.) . I. The sequential or flashing arrow panels shall be placed on the shoulder at OT near the point where the lane closing transiticn begins. The panels shall be mounted on a vehicle, trailer, or other suitable support. Vehicle mcunted panels shall be provided with remote ccntrols. Minimum mounting height shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels which shculd be as high as practical. J. The portable changeable message sign, when specified, shall be placed ahead of construction activities and shall meet the requirements .of Section 632 and the MUTCD. /c-? 1 I I I I I I 1 1 1 I 1 I I I I I D I DEPARTMENT OF TRANSPORTATION 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 markings in accordance with Section 652 and in confcrmance with Section 3A and 3B, except 3B-3 and 3B-5, of the MUTCD are required on all courses befcre the roadway is opened to traffic. No passing zones shall be marked to confcrm to Section 150.04 E. During construction and maintenance activities on all highways open to traffic, both existing markings and marldngs applied under this Section shall be fully maintained until Final Acceptance. If the pavement markings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering, or construction activities, they shall be restored immediately. On resurfacing projects pavement markings shall be provided on all surfaces that are placed over existing markings. On widening and reconstructicn 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 remcvahle type. The Contractor will be permitted to use paint, thermcplastic, .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 all .owed. C. USAGE: The Ccntractor shall sequence the work in such a manner as to allcw the installation .of markings in the final lane ccnfiguration at the earliest possible stage. Inappropriate or ccnflicting existing pavement markings shall be removed. When shifting .of traffic necessitates remcval of centerline,lane lines, or edge lines, all such lines shall be removed prior to, during, or immediately after any change so as to present the least interference with traffic. Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the project far immediate use. If marking removal equipment failures occur, the equipment shall be repaired or replaced (including leasing equipment if necessary), SlJ that the removal can be accomplished without delay. . Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course, when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid' for only once and further traffic shi.ft.s in the same area'shall be accomplished with removable markings. Only the minimum asphaltic concrete thickness required to cover lines (generally 60 IbJsq. yd. of Asphaltic Concrete "H") will be allowed. Excessive build-up will not be permitted. When an .overlay for the sole purpose of eliminating conflicting markings is not allowed, the markings no longer applicable shall be remcved in . accordance with Subsection 656.02. The elimination of conflicting pavement markings by overpainting with paint .or liquid asphalt is not acceptable. D. Raised pavement markers CRPMs) are required as listed below for all asphaltic concrete pavements befcre the rcadway is open to traffic. When Pcrtland Cement Concrete is an intermediate or final surface and is open to traffic, one calendar day is allowed for cleaning and drying before the installation of RPMs is required. TC-/t:J I I I I I 1 I I I I I 1 I I I I I I I ,._.'..:;1......'.:<",' ,". ..'", ", DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA . ". 1. On Interstate and limited access highways under construction, excluding projects consisting primarily of asphalt resurfacing items, retro-reflective raised pavement markers CRPMs) shall be placed and/or maintained on intermediate pavement surfaces opened to traffic as follows: a. SUPPLEMENTING LANE LINES: 80 fact centers on skip lines with curvature less than three degrees. ancludes tangents.) 40 foot centers on solid lines and all lines with curvature between three degrees and six degrees. 20 fcot centers on curves over six degrees. 20 fcot centers on lane transitions or shifts. b. SUPPLEMENTING RAMP GORE LINES: 20 fcot centers, two each, placed side by side. c. OTHER LINES: As shcwn on the plans or directed by the Engineer. 2. On other highways under ccnstruction RPMs shall be used and/or maintained on intermediate pavement surfaces as follows: a. SUPPLEMENTING LANE LINES AND SOLID LINES: 40 foot centers except on lane shifts. (When required in the Plans or Contract.) 20 fcot centers on lane shifts. (Required in all cases.) b. SUPPLEMENTING DOUBLE SOLID LINES: 40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans or Contract.) 20 foct centers on lane shifts. (Required in all cases,) 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 twc-fcot stripe with a maximum gap of 18 feet shall be used. In lane shift; areas skip lines will not be allowed. Solid Lines will be required. Interim skip lines will be permitted for a period not to exceed 14 calendar days. Interim skip lines must be replaced with markings in full ccmpliance with Section 652 prior to expiration of the 14 calendar day period. -rc-// I I I 1 1 I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Interim raised pavement markers may be substituted for the interim skip (broken) stripes. Ifraised pavement markers are substituted for the four foot interim skip stripe, four markers spaced at equal intervals over a four feet distance will be required. No separate payment will be made if the interim raised pavement markers are substituted fcr interim skip lines. Interim raised pavement markers shall be retro-reflective, shall be the same cclcr as the pavement markers for which they are substituted, and shall be visible during daytime. The type of interim marker and method .of attachment to the pavement must be approved by the Office of Materials and Research but in no case will the markers be attached by the use of nails. The interim raised pavement markers must be maintained until the full pattern pavement markings are applied. At the time full pattern pavement markings are applied the interim raised markers shall be removed in a manner that will not interfere with applicaticn of the full pattern pavement markings. b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three calendar days where skip centerlines are in place, no-passing zcnes may be identified by using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the beginning and at intervals not to exceed 112 Diile within each no-passing zone. A post or portable mounted PASS WITH CARE regulatory sign (R4-124" x 30") shall be placed at the end of each no-passing zcne. Post mounted signs shall be placed in accordance with the MUTCD. Pcrtable signs must have a minimum vertical height of three feet abcve the pavement surface to the bcttom of the sign and be secured in such a manner as to nct be easily blcwn .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 apprcaches, .on lane transitiC:lS, lane shifts, and in such other areas as determined by the Engineer. On the final surface, edgelines must be placed within 30 calendar days of the time that the final surface was placed. . (2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that are in use for a pericd .of less than 30 calendar days except at bridge approaches, on lane transitions, lane shifts, and in such other areas as determined by the Engineer. On the final surface, edgelines must be placed within 14 calendar days of the time that the surface was placed. d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stoph-ars, symbols, words and other similar markings shall be placed on final surfaces conforming to Secticn 652 within 14 calendar days .of completion of the final surface. On intermediate surfaces these markings will generally not be required unless specified by the Engineer because of special conditions or when the intermediate surface will be in use for more than 45 calendar days. 2. MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S) FOUR FEET OR LESS a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE) (1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers shall be restored before nightfall. '7C-/Z, 1 1 I I 1 I 1 1 I I 1 I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.1.a. may be used for periods not to exceed three calendar days. (3) Edgelines - Edgelines shall be placed on intermediate and final surfaces within three calendar days of .obliteration. b.. DMDED HIGHWAYS (GRASS OR RAISED MEDIAN) (1) Lanelines - Full pattern skip stripe shall be restored before nightfall. (2) CenterlineJEdgeline - Solid lines shall be placed on intermediate and final surfaces within three calendar days .of obliteration. c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d. 3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER THAN FOUR FEET a. Same as Subsection 150.04.E.2. except as noted m (b) belcw. b. EDGELINES- (1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and final surfaces prior to .opening to traffic. (2) Pcrtland Cement Ccncrete Pavement - Edgelines shall be placed .on any surface .open to traffic nc later than one calendar day after work is completed on a section of rcadway. 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 fcr the placement .of pavement markings applied under this Section. All existing marking tape on final surfaces shall be remcved 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 pricr to constructicn by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new . location projects and an projects where either-horizontal or vertical alignments have been modified, the location of No-Passing Zones will be identified by the Engineer. .' G. MOBILE OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are applied in a continucus operation by moving vehicles and equipment, the following minimum equipment and warning devices shall be required in addition to the requirements of the MUTCD: 1. A lead vehicle is required fcr two-way traffic conditions and shall have an approved sequential or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicle is not required for low volume off-system routes and one-way traffic applications. 2. . The work vehicle applying markings shall have a sequential or flashing arrow panel mounted on the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel shall be mcunted 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 ~ork vehicle applying the markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the rear. '/ z::' -/3 I I I I 1 I 1 I I I I I I B I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection vehicle shall also display a prominent sign With the legend PASS ON LEFT (RIGHT). On interstate and limited access roadways, the protection vehicle shall be equipped with a truck mounted attenuator (TMA) that is certified for impacts not less than 45 mph in accordance with NCHRP 230. 5. All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right- side rear mounted flashing yellow lights. 150.05 CHANNELIZATION A. GENERAL: Channelization should clearly delineate the travel way through the work zone and alert drivers and pedestrians to conditions created by work activities in or near the travelway. Channelization shall be done in acccrdance with the plans and specifications, the MUTCD, and the following requirements. 1. Types of Devices Permitted for Channelization in Construction Wcrk Zcnes: a. . DRUMS: (1) DESIGN: Drums shall meet the minimum requirement .of the MUTCD and shall be reflectorized as required in Subsection lSO.01.C. (2) APPUCATION: Drums shall be used as the required channelizing device to delineate the full length of a lane closure, shift, or encroachment, except as modified by this Subsection. (a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all transition tapers. The minimum length .of the approach transiticn 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 transiticn taper, will be limited to two mile, unless otherwise approved or directed by the Engineer. D~ shall be placed the full length of the taper spaced at maximum intervals in feet equal to the. numerical speed limit (EXAMPLE: 55 Mph Speed Limit = 55 feet maximum spacing). For taper lengths on urban, residential or other streets where the posted speed is 40 mph or less, the minimum length of the approach transition taper may be computed using the formula L = WS2/60, Greater taper length shall be used when required for individual situations. Drums with steady burning lights, for the length of the taper only, are required if the condition exists into the night. (b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for various roadside work conditions except as modified by Subsection 150.06. Spacing shall be used fcr situaticns meeting any of the conditicns listed as follows: (1) 50 FOOT SPACING MAXIMUM: (a) For difference in elevation exceeding two inches. (b) For healed secticns no steeper than 4:1 as shcwn in Subsection 150.06, Detail lS0-E.. -rc-/? I I I I 1 I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (2) 100 FOOT SPACING MAXIMUM: (a) Fcr 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 wcrkers 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 270 square inches ofretro-reflective area facing the traffic and shall meet the requirements of the MUTCD. (2) APPLICATION: Lane encroachment by the drum on the travel way should permit a remaining lane width of ten feet. When encrcachment reduces the travel way to less than ten feet, vertical panels shall be used to restore the travel way to ten feet or greater. No .other application of vertical panels will be permitted. , c. CONES: (1) DESIGN: All cones shall be a minimum cf28 inches in height regardless .of applicaticn and shall meet the requirement of the MUTCD. (2) APPUCATION: Fcr longitudinal channelizing only, cones will be permitted for daylight closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime wark will not be permitted. d. BARRICADES: (1) DESIGN: The use .of Type I and Type II barricades will not be permitted. Type III barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized as required in Subsection 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 meet the requirements of the MUTeD. (2) APPLICATION: (a) Type A low-intensity flashing lights shall be used as shown in the Plans, the Standards, and as directed by the Engineer. F1ashing lights are not required for advance warning signs in Subsection 1S0.03.H. . -rC-/5 I' I I 1 1 I I' I 1 I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (b) Type C Steady-Burn lights shall be used on all tapers when the condition 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) APPUCATION: Pcrtable Barriers shall be placed as required by the plans. standards, and as directed by the Engineer. When Pcrtable Barrier is located 20 feet or less from a travel lane, yellcw 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-mcunted sealed prismatic reflex reflectors housed in an aluminum backing with a single grommeted hole. Approach end ofPcrtable Barrier shall be flared or protected by an impact attenuatar (crash cushicn) or other approved treatment in' accordance with Georgia Standard 4960,- Ccnstruction Details and Standard Specifications. On interstate or other ccntroIIed access highways where lane shifts or crossovers cause opposing traffic to be separated by less than 40 ft., precast ccncrete barrier shall be used as a separator. B. TEMPORARY SAND LOADED ATI'ENUATOR MODULES 1. DESCRIPrION: This wcrk consists of the furnishing, installation, maintenance, relocaticn, reuse as required, and removal .of Temporary Sand Loaded Attenuatar Mcdules for traffic impact attenuators. 2. MATERIALS: Materials used in the Attenuatar shall meet the requirements of Subsection 648.02 for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules _ Stabilizer Drums with Wine Glass shaped Inner Ccntainers. 3. CONSTRUCTION: Temporary Sand Loaded Attenuator Module installation shall conform to the requirements of Subsectian 648.03, Manufacturer's recommendatians, and Georgia Standard 4960 and shall be installed at locations designated by the Engineer. C. PORTABLE IMPACT ATI'ENUATORS: 1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation, maintenance, relocaticn, reuse as required, and removal of Portable Impact Attenuatars. 2. MATERIALS: Materials used in the Attenuatar shall meet the requirements of Section 650 tor Type A Pcrtable Impact Attenuatars. . 3. CONSTRUCTION: Portable Impact Attenuator installation shall conform to the requirements of Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locaticns designated by the Engineer, and/or shown on the plans. D. TEMPORARY GUARDRAIL ANCHO~GE - Type 11: 1. DESCRIPTION: This work consists of the furnishing, installaticn, maintenance and removal of Temporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail end treatment. TC-/~ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 2. MATERIALS: Materials used in the Temporary Guardrail Anchorage - Type 11 shall meet the requirements of Subsection 641.02 of the Standard Specifications and current Georgia Standards and may be new .or used. Materials salvaged from the Project which meet the requirements of Standards may be utilized if available. The use of any salvaged materials will require prior approval of the Engineer. 3. CONSTRUCTION: Installation of the Temporary Guardrail Anchorage - Type 11 shall conform to the requirements of the Plans, current Georgia Standards and Subsection 641.03 of the Standard Specifications. Installaticn shall also include sufficient additional guardrail and appurtenances to effect the transiticn 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 travelway shall not begin until the Contractor is able to continucusly place the required typical section to within two inches of the existing pavement elevation, or heal the remaining difference in elevation to the traveled way as shown in Detail 150-E. Channelization devices and placement during the construction period shall conf~rm to the requirements of Subsection 150:05 and Details 150-B, l50-C, l50-D, and l50-E shown herein. In addition to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT) (RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream . of the pcint where channelization devices are erected on the paving edge. A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-offs in elevation of more. than two inches between surfaces carrying, or 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-offs in elevation of more than two inches between surfaces carrying or adjacent to traffic will not be allowed for more than 48 hours. C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Ccnstruction work adjacent to the traveled way which involves these types of bases shall be healed within 48 hours after the curing period is complete for each section placed. During the placement pericd, traffic control devices will be in accardance with Subsection 150.05 and Detail 150-B. D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRA VELWAY: Work such as drainage structures, utility facilities, .or any .other work which results in a drop-off adjacent to the travelway shall be performed expeditiously so as to minimize the exposure to the hazard. A3 soon as practical, the excavaticn shall be backfilled to the minimum requirements of Detail ISO-E. In no case will the drop-off be allowed to exist more than five calendar days. This may require stage construction. such as plating and backfilling the incomplete work. -rc- /7 I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA NOTE, Drums reClUlred' for thT. loeotlon~spaeed at SO FT. Intervals. If the traveled way wTdth f. reduced to less then 10 feet by the use of drums. vertical panels shoU be used In lieu of drums. LocatIon of drums when drop-off exceeds 4 Inches. ----------~... ---_..:~---~---'\ -( t NEW CONSTRUCTION + 'V-+ TRAVEL LANE DROP-OFF GREATER THAN 4 INCHES DETAIL 150-B Dr\,lms spaced at SO feet Intervals. Location of drums when drop-off Is 2+ Inche. to 44 Inches. _1:" +/~______~& . -----------'\ -( t NEW CONSTRUCTION + TRAVEL LANE 'V-+ DROP-OFF OF 2+ INCHES TO 4 ~CHES DET AIL 150-C / c:::--/? I I 1 I I I I I I I I I I I I I a I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Ol"'ums spaced at 100 feet Intervals. LocatIon of dl"'~a when dr-op-off la 2 Inches or less. ~f':":~______\ -----------\ < t NEW CONSTRUCTION + TRAVEL LANE b DROP-OFF OF 2 INCHES OR LESS DETAIL 150-0 LocatIon 01 dl"'ums ImmedIately after- completIon of healed section. spaced at SO ft.lntel"'vals. Compacted or-oded aOOl"'eoote.aubbase moter-rolor- drr-t. TOP OF DRUM TO BE LEVEL 2 ft. +/- ----------~& --------.---\ NO STEEPER THAN 4:1 ~ ~ ~ NEW CONSTRUCTION + TRAVEL LANE 1r--+ HEALED SECTION DEi AIL 150-E TC- /1 I I 1 I I I I I I I I I I I I B I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 150.07 FLAGGING AND PILOT CARS: A Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions, and as required by the Engineer. B, All flaggers shall meet the requirements of the MUTCD and must have received training and a certificate upcn ccmpletion of the training from a Department approved training program. Failure to prcvide 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 clothi.ng in compliance with the MUTCD and shall use a Stop/Slow paddle meeting the requirements of the MUTeD 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 flaggermay use a 24 inches square red/crange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements of the MUTCD. E. Signs for flagger traffic control shall be placed in advance of the flagging .operation in accordance with the MUTeD. In additicn to the signs required by the MUTCD, signs at regular intervals, warning .of the presence .of the flagger shall be placed beyond the pcint where traffic can reasonably be expected to stop under the most severe conditions fcr that day's work. 150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporary traffic control zcne, while minimizing confusicn and disruption to traffic flow, shall have priority over all .other Contractor activities. Continued failure of the Ccntractor to comply with the requirements of Section 150 (TRAFFIc CONTROL) will result in ncn-refundable deducticns of monies from the Contract as shown in this Subsection for non-performance of Work. Failure of the Ccntractor to comply with this Specificaticn shall be reason for the Engineer suspending all other work on the Prcject, except ercsion contrcI and traffic control, taking ccrrective action as specified in Subsection 105.15, and/or withholding payment ofmcnies due the Contractor for any work on the Project until traffic ccntrol deficiencies are ccrrected. These other actions shall be in addition to the deducticns for non-perfcrmance of traffic control. /c-~o I I I. I I I I I I I I .1 I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA .'1. SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE ORIGINAL TOTAL CONTRACT AMOUNT From More Than To and Includin~ Dailv Ch3r2'e $0 $100,000 $100 100.000 1,000,000 250 1,000,000 5,000,000 500 5,000,000 20,000,000 750 20,000,000 40,000,000 1,000 40,000,000 - 1,500 150.09 MEASUREMENT: A. TRAmc CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows: When the first Construction Repcrt is submitted, a payment of25 (twenty-five) percent of the Lump Sum price will be made. For each progress payment thereafter, the total of the Prcject percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid Qess previcus payments), nct to exceed .one hundred (100) percent and subject to normal retainage. When no payment item for Traffic Control-Lump Sum is shown in the Prcposal, all of the requirements cfSecticn 150 and the Traffic Ccntrcl Plan shall be in full fcrce and effect. The ccst of complying with these requirements will not be paid for separately, but shall be included in the .overall bid submittal. B. SIGNS: When shown as a pay item in the contract, interim special guide signs will be paid far as listed belaw. All ather regulatory, warning, and guide signs, as required by the Contract, will be paid for under Traffic Cantrol Lump Sum or included in the overall bid submitted. 1. Interim ground mounted or interim overhead special guide signs will be measured for payment by the square foot. This payment shall be full compensation for furnishing the signs, including supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting, and final removal from the Project. Payment will be made only one time regardless of the number .of mcves required. 2. Remove and reset existing special guide signs, ground mount or overhead, complete, in place, will be measUred for Payttlent per each. Payment will be made only .one time r.egardless of the number of moves required. 3. Modify special guide signs, grcund mount or overhead, will be measured for payment by the square foct. The area measured shall include only that porticn of the sign modified. Payment shall include materials, removal from posts or supports whe.n necessary, and remounting as required. -r~z/ I I I 1 I I I. I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA ....., C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622. D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured as specified in Secticn 632. E. TEMPORARY GUARDRAIL ANCHORAGE, Type 11: Temporary Guardrail Anchorage _ Type 11 will be measured by each assembly, complete in place and accepted according to the details shown in the plans, which shall also include the additional guardrail and appurtenances necessary fcr transition and connecticn to Temporary Concrete Barrier. Payment shall include all necessary materials, equipment, labor, site preparation, maintenance and removal. F. TRAFFIC SIGNAL INSTALIATION - TEMPORARY: Traffic Signal Installation _ Temporary will be measured as specified in Section 647. G. FLASIDNG BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in Section 647. H. TEMPORARY, SAND LOADED ATl'ENUATOR MODULES: Each Sand Loaded Attenuator Module of the type specified includes all material ccmponents, hardware, incidentals, labor, site preparation' and maintenance. Each module will be measured for payment by the drum .only once regardless of the number oflocaticns installed. Modules to replace those damaged or destroyed by traffic impact will also be measured by the unit fcr payment. Upon completicn of the project, the modules shall be removed and retained by the Contractor. 1. PORTABLE IMPACT ATrENUATORS: Each Pcrtable Impact Attenuator will be measured by the unit which shall include all material components, hardware, incidentals, labor, site preparaticn, and maintenance, including spare parts reccmmended by the manufacture fcr repairing minor accident damage. Each unit will be measured only once regardless .of the number oflocaticns installed, mcves required, or number cfrepairs necessary because of traffic damage. Upon ccmpletion" of the prcject, the units shall be remcved and retained by the Ccntractor. J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Secticn 150. 150.10 PAYMENT: When shown in the Schedule of Items in the Proposal, the following items will be paid for separately. Item No. 150. Traffic Control. . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sum Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Colcr) ............. per Linear Mile Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile Item No. 150. Traffic Control, Solid Traffic Stripe, Thermoplastic Inch, (Color) .....:...... . . . . . . . . . . . . . . . . per Linear Mile Item Nc. 150. Traffic Control, Skip Traffic Stripe, Thermoplastic Inch, (Color) ........................... per Linear Mile Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors ................. per Each Item No. 150. Traffic Control, Raised Pavement Markers _ All Types. . . . . . . . . . . . . . . . . .. per Each Item No. 150. Interim Ground Mcunted Special Guide Signs, . . . . . . . . . . . . . . . . . .. per Square Foot Item No. 150. Interim Overhead Special Guide Signs .......................... per Square Foot -rc:;zz I I Item No. 150. I Item No. 150. I Item No. 150. Item No. 150. I Item No. 150. Item No. 150. I Item No. 150. Item No. 150. I Item No. 622. I Item No. 632. Item No. 641 I Item No. 647. Item No. 647. I Item Nc. 647. I I I I I I I I I . . . . DEPARTMENT OF TRANsPORTATION' STATE' OF GEORGIA . Remove & Reset EXisting Special Guide Signs, . Ground Mount, Complete in Place. . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . .. per Each Remove & Reset, Existing Special Guide Signs, . Overhead,Complete in Place ..................................... Per Each Traffic Control, Temporary Sand Loaded Attenuator ModUles ............ per Each Traffic Control, Portable Impact Atten~ator . . . . . . . . . . . . . . . . . . . . . . . . . . .. Per Each Traffic Control, Pavement Markers, Words and Symbols ........... per Square Foot Traffic Control, Pavement Arrow (Painted) With Raised Reflectors. . . . . . . .. per Each Modify Special Guide Sign, Ground Mount. . . . . . . . . . . . . . . . . . ; . . .. per Square Fcot Changeable Message Sign, Portable ................................... per Each Precast Concrete Median Barrier.. . . . . .. . . . . . . . . . .. .. .. . . : .. . . . . . per Lin~ar Foct Modify Special Guide Sign, Overhead ........................... per Square Foot Temporary Guardrail Anchorage, Type 11 ............................. per Each Traffic Signal Installation, Temp .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ Lump Sum Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . . , . per Each Flashing Beacon Assembly, Cable Supported. . : . . . . . . . . . . . . . " . . . . . . . .. per Each -rC-Z-3